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HomeMy WebLinkAbout2024/01/11 CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2024 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 11, 2024, 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 Hills, Community Development Director Benetti, Parks and Recreation Director Carlson, Deputy Police Chief Dahlstrom, Police Chief Francis, Human Resources Manager Haas, Finance Director Hedberg, Fire Chief Nelson, Public Works Director Saam, Planner/Econ. Dev. Specialist Sharpe, and Associate Planner Stroeing. 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, switching the order of items on the regular agenda to consider item 53 first, and approving the agenda for tonight's meeting, as amended. 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 Goodwin, seconded by Melander, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Melander, approving the minutes of the regular meeting of December 28, 2023, as written. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving issuance of a 2024 Precious Metal Dealer License,to Jay F. Jeweler, Inc., at 7373 147th Street W., Suite 191. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2024 Page 2 MOTION: of Goodwin, seconded by Melander, approving issuance of a Temporary Event License in connection with a community festival to LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar& Grill, for use on February 3, 2024, at the Apple Valley Activity Center and outdoors at Johnny Cake Ridge Park- West, 14255 Johnny Cake Ridge Road, as described in the City Clerk's memo. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-1 of support for a funding application to American Public Works Association Minnesota Chapter(APWA-MN) Diversity and Inclusion Grant. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-2 designating Dakota County Tribune as the official newspaper of the City of Apple Valley for the year 2024. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-3 designating the City's website as the official website for the dissemination of solicitations of transportation project bids in 2024. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-4 designating U.S. Bank NA as the official depository for City funds for the year 2024. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-5 designating as additional depositories and financial security dealers for City funds for the year 2024: Wells Fargo Securities, LLC; Wells Fargo Bank,NA; 4M Fund;Northland Securities, Inc.; RBC Capital Markets Corporation; Robert W. Baird& Co., Inc.; Moreton Capital Markets, LLC; U.S. Bancorp Investments, Inc.; Old National Bank; Merchants Bank,NA; Frandsen Bank& Trust, and MidCountry Bank. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-6 designating U.S. Bank Institutional Trust as Safekeeping Custodian. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-7 authorizing electronic funds transfer transactions. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No.2024-8 authorizing the City Clerk to appoint Deputy City Clerk's for 2024 election administration. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, appointing Clint Hooppaw and Pamela Gackstetter as statutory members to the Apple Valley Firefighters Relief Association(AVFRA) Board of Trustees for the year 2024, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2024 Page 3 MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-9 approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-10 approving the report for Project 2023-134, Arby's Pond(KL-P4) Feasibility Study. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-11 approving the report for Project 2021-165, East Lake Subwatershed Assessment study. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-12 approving a one-year extension of the Conditional Use Permit and site plan and building permit authorization for U-Haul of Apple Valley. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Professional Services Agreement with Marsh McLennan to serve as the Insurance Agent for Record, subject to final approval by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Professional Services Agreement with Johnson Laffen Galloway Architects, Ltd., d/b/a JLG Architects, for design and development of Apple Valley Community Center/Apple Valley Senior Center associated with 2023 Parks Bond Referendum, in an amount of $637,500.00, plus reimbursable expenses estimated at $20,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Professional Services Agreement with Johnson Laffen Galloway Architects, Ltd., d/b/a JLG Architects, for design and development of Apple Valley Family Aquatic Center associated with 2023 Parks Bond Referendum, in an amount of$492,000.00,plus reimbursable expenses estimated at$20,000, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Professional Services Agreement with Confluence, Inc., for design and development of Youth Baseball/Softball Complex associated with 2023 Parks Bond Referendum, in an amount of$312,000.00, plus reimbursable expenses, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Professional Services Agreement with Confluence, Inc., for design and development of Redwood Park associated with 2023 Parks Bond Referendum, in an amount of$966,000.00,plus CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2024 Page 4 reimbursable expenses, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Professional Services Agreement with Confluence, Inc., for design and development of Kelley Park associated with 2023 Parks Bond Referendum, in an amount of$516,000.00,plus reimbursable expenses, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Third Amendment to Antenna Lease Agreement with Dakota County, for Palomino Lattice Tower, as attached to the Public Works Superintendent-Utilities memo, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays- 0. MOTION: of Goodwin, seconded by Melander, approving Change Order No. 13 for Apple Valley Station#2 and Improvements to#1 &#3,with various contractors in various amounts. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Melander, approving the personnel actions as listed in the Personnel Report dated January 11, 2024. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, to pay the claims and bills, check registers dated December 20, 2023, in the amount of$1,689,908.69, and December 28, 2023, in the amount of$1,663,923.40. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA ORDINANCE AMENDING CHAPTER 155,REGULATING SIGNS IN PD-290,ZONE 3 Mr. Sharpe reviewed the request by Wings Credit Union for an ordinance amendment to allow a 20-ft. tall, 80 sq. ft. sign. This was the first reading of an ordinance amending Chapter 155 of the City Code,regulating signs in Planned Development No. 290, Zone 3. He stated that the Planning Commission reviewed this item and unanimously voted to deny the request for a 20-ft. tall sign, but recommended approval of a 14-ft. tall sign. Councilmember Grendahl asked if there were any public comments received. Mr. Sharpe responded that no comments have been received. Mr. Thomas Schuenke, Vice President of Administration and Facilities at Wings Financial, provided background on their request and presented pictures of the monument sign at various locations. He said they want an impact sign. He added that they would be happy with a 16 ft., 80 sq. ft. sign. Discussion followed. CITY OF APPLE VALLEY Dakota County,Minnesota January 11, 2024 Page 5 MOTION: of Bergman, seconded by Grendahl, waiving the procedure for a second reading and denying the ordinance amending Chapter 155, Appendix F,Article 2, of the City Code, regulating signs in Planned Development No. 290,Zone 3 (PD-290, Zone 3), to allow installation of a freestanding ground sign with a maximum height of 20 ft. and total sign area not to exceed 80 sq. ft. Ayes -4 -Nays - 0 - Abstain- 1 (Hooppaw). MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1127 amending Chapter 155, Appendix F,Article 2, of the City Code, regulating signs in Planned Development No. 290,Zone 3 (PD-290, Zone 3), to allow installation of a freestanding ground sign with a maximum height of 16 ft. and total sign area not to exceed 80 sq. ft. Mr. Thomas Schuenke said Wings is in agreement with that motion. Vote was taken on the motion: Ayes -4 -Nays- 0 -Abstain- 1 (Hooppaw). ORDINANCE AMENDING CHAPTER 154, REGULATING SIGNS Mr. Sharpe gave the first reading of an ordinance amending Chapter 154 of the City Code, regulating signs. The Planning Commission reviewed this item and voted unanimously to recommend approval. Because this matter was previously reviewed by the Planning Commission, staff is recommending waiving of the second reading. MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1128 amending Chapter 154 of the City Code, regulating signs. Ayes- 5 -Nays- 0. PLANNING COMMISSION VACANCY Ms. Gackstetter reviewed her memo regarding the resignation of Planning Commissioner Keith Diekmann, creating a vacancy on the Planning Commission with a term expiring March 1, 2026. She recommended the Council extend an invitation to individuals interested in serving on the Planning Commission to submit an application to her by February 16, 2024. Councilmember Grendahl commented on Mr. Diekmann's many contributions to the City. MOTION: of Grendahl, seconded by Bergman, accepting the resignation of Planning Commissioner Keith Diekmann and thanking him for his dedicated service to the City of Apple Valley; and directing staff to post the Planning Commission vacancy and inviting individuals interested in serving on the Commission to submit an application to the City Clerk by February 16, 2024. CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2024 Page 6 Councilmember Melander noted Mr. Diekmann provided over 20 years of thoughtful, careful, considerate, and dedicated service to the City. He suggested the City give him a letter or certificate acknowledging his service. The Council thanked Mr. Diekman and wished him the best of luck. Vote was taken on the motion: Ayes- 5 -Nays - 0. 2024 ACTING MAYOR MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2024-13 appointing Councilmember Goodwin to serve as Acting Mayor, in the absence of the Mayor, for the year 2024. Ayes - 5 -Nays - 0. COMMUNICATIONS Deputy Police Chief Dahlstrom invited kids to join the Police Department for the Ice Fishing Derby they are hosting on February 3, 2024, from 12:30 p.m. to 3:30 p.m. at Cobblestone Lake. 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. CLOSE MEETING, LABOR NEGOTIATIONS AND PERFORMANCE EVALUATION Mayor Hooppaw requested a motion to close the meeting under the exceptions to the open meeting law to discuss labor negotiations. MOTION: of Grendahl, seconded by Bergman,to enter into a closed meeting and convene in closed session to discuss AFSCME union labor negotiations. Ayes - 5 -Nays - 0. The Council convened in the Regent Conference Room at 7:41 p.m. to discuss AFSCME union labor negotiations. In attendance were Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander; City Administrator Lawell; City Clerk Gackstetter; Human Resources Manager Haas; Parks and Recreation Director Carlson, Finance Director Hedberg; and Public Works Director Saam. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:12 p.m. MOTION: of Grendahl, seconded by Goodwin,to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:13 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2024 Page 7 Respectfully Submitted, P ac,12o -j Pamela J. G c st r, City Clerk Approved by the Apple Valley City Council on 1/251'24 Clint Hooppaw, Mayor