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Home My WebLink About12/28/2023 CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County,Minnesota, held December 28, 2023, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Community Development Director Benetti, Parks and Recreation Director Carlson, Police Chief Francis,Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Fire Chief Nelson, Recreation Superintendent Rosa, and Public Works Director Saam. Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes - 5 -Nays- 0. AUDIENCE Mayor Hooppaw asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Mayor Hooppaw asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Melander, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes- 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Goodwin, approving the minutes of the regular meeting of December 14, 2023, as written. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to Apple Valley Ducks Unlimited, Chapter 185, for use on March 30, 2024, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 2 MOTION: of Melander, seconded by Goodwin,approving a change in officers for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, in connection with On-Sale Wine and 3.2 Percent Malt Liquor License at 7593 147th Street W.,naming Eric Lefebvre as Chief Executive Officer, Renee St-Onge as Financial Officer,Jeffrey Lee Smit as Co-Chief Operating Officer, Albert William Hank, Jr., as Co-Chief Operating Officer, Adam Kahler as Co-Chief Operating Officer, and Jennifer Marie Moody as Secretary, as described in the City Clerk's memo. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-184 setting a public hearing, at 7:00 p.m., on January 25, 2024, on the application for On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by Orion Hospitality Group,LLC, d/b/a Crooked Pint Ale House. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving renewal and issuance of licenses and permits for 2024, as listed in the attachment to the City Clerk's memo. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-185 committing fund balances for 2023 financial statement purposes. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-186 amending the 2024 budget for specific items and uncompleted projects. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, appointing City Representatives to Dakota 911 Emergency Communications Center Board and Committees for 2024-2025, as described in the City Administrator's memo. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-187 approving changes to the Public Works Department Policy Manual, Section 5.02 - Maintenance Personnel Uniform Policy and Section, 5.03 -Non-Union Personnel Uniform Policy. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving the reduction of financial guarantees for Apple Valley Industrial - Opus from$87,862.20 to $6,500.00 and Applewood Pointe from $1,282,388.00 to $850,250.00, as listed in the Department Assistant's memo. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving the release of Natural Resources Management Permit financial guarantees for Mister Carwash Construction, and CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 3 Schuler Shoes Construction, as listed in the Natural Resources Technician's memo. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin,adopting Resolution No. 2023-188 authorizing temporary parking restrictions for Upper 139th Street W.; and authorizing installation of signage. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the location of two 16 ft. x 76 ft. manufactured homes at Apple Valley Estates, 13001 Pennock Avenue, Sites#33 and#86, in accordance with the SLS/Eaton Settlement Agreement, subject to approval and issuance of all required permits prior to placement and compliance with all applicable Building Code and City Code requirements. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-189 supporting a Noise Wall Grant application with the Minnesota Department of Transportation. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-190 supporting Dakota County to request the Minnesota Department of Transportation (MnDOT)to complete a speed study on CSAH 38 (McAndrews Road), from CSAH 31 (Pilot Knob Road)to Dover Drive. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-191 supporting Dakota County to request the Minnesota Department of Transportation (MnDOT)to complete a speed study on CSAH 42, from CSAH 23 (Cedar Avenue)to Flagstaff Avenue. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No.2023-192 approving specifications for Project 2024-126, Mowing and Trimming Services 2024-2026; and authorizing advertising for receipt of bids, at 10:00 a.m., on January 16, 2024, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-193 approving Project 2021-148, Long and Farquar Pond Feasibility Analysis, and directing the City Engineer to prepare plans and specifications for Project 2023- 133, EVR-P11 Pond Enhancements. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-194 approving Project 2023-135, Whitney Pond Feasibility Study, and directing the City Engineer to prepare plans and specifications for Project 2024-111, Whitney Pond Storm Sewer Improvements. Ayes- 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 4 MOTION: of Melander, seconded by Goodwin, adopting Resolution No.2023-195 approving the Joint Powers Agreement on behalf of the City of Apple Valley's Police Department regarding participation in the South Metro SWAT Team, and authorizing execution of the necessary documents. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving the Professional Services Agreement with Midwest Sewer Services for Subsurface Sewage Treatment Systems (SSTS) inspection services, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Professional Services Agreement with Hoisington Koegler Group, Inc., for Park Amenity Replacement Planning associated with 2023 Parks Bond Referendum, in the amount of $54,800.00, plus reimbursable expenses estimated at$1,000.00. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving the Professional Services Agreement with Julee Quarve-Peterson, Inc., d/b/a JQP, Inc., for Accessibility Planning associated with 2023 Parks Bond Referendum, in an amount not to exceed $185.00 per hour, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Display Contract Agreement for fireworks display services on February 3, 2024, and July 4, 2024,with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO, in the amount of$38,000.00, subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting Project 2021-138, Eagan and Apple Valley Sewer Monitoring- Electrical, as complete and authorizing final payment on the agreement with Killmer Electric, Co., Inc., in the amount of $49,900.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin,accepting Project 2021-138, Eagan and Apple Valley Sewer Monitoring -Flow Meters, as complete and authorizing final payment on the agreement with Tech Sales, Co., in the amount of$6,845.41. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the 2024-2025 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 71, Police Officers, as attached to the Human Resources Manager's memo, and authorizing execution of the necessary documents. Ayes- 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 5 MOTION: of Melander, seconded by Goodwin, approving the 2024-2025 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 243, Police Sergeants, as attached to the Human Resources Manager's memo, and authorizing execution of the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-196 approving changes to the 2024 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving an amendment to Personnel Policy Manual to add Earned Sick and Safe Time (ESST) Policy in compliance with statute, and directing staff to prepare updated documents incorporating the policy changes. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated December 28, 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, to pay the claims and bills, on the check register dated December 6, 2023, in the amount of$3,386,134.58; and December 13, 2023, in the amount of$969,991.71. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICERS Police Chief Francis introduced newly hired Police Officers Faith Athmann and Troy Reller to the Council. The City Clerk administered the oaths of office to the Officers. Individuals selected by the Officers pinned their badges. The Council congratulated Officers Athmann and Reller and welcomed them to their new positions. PROCLAIM "APPLE VALLEY MID-WINTER FEST 2024" Nate Rosa, of the Mid-Winter Fest Committee, and Klondike were present. Mr. Rosa reviewed activities planned for the 2024 Mid-Winter Fest celebration. Most events are scheduled on February 3, 2024, at Johnny Cake Ridge Park- West. He also thanked the organizations who support and sponsor this event. Mayor Hooppaw then read the proclamation. MOTION: of Grendahl, seconded by Goodwin, proclaiming February 3, 2024, as "Apple Valley Mid-Winter Fest 2024", declaring it a community festival, and encouraging citizens to support and participate in the celebration. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 6 COMMUNICATIONS Mr. Lawell announced Dakota Valley Recycling is offering holiday lights recycling through the end of January. Information about the program can be found on the City's website. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:17 o'clock p.m. Respectfully Submitted, P 0el Pamela J. Ga tet r City Clerk Approved by the Apple Valley City Council Oak JIQ* on I/it /2- 4 Clint Hooppaw, Mayor