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Home My WebLink About2024/02/08 CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2024 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February,8, 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: Assistant City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, 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, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. 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 Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Grendahl, approving the minutes of the regular meeting of January 25, 2024, as written. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the 2024 annual commercial extraction permit for Fischer Sand&Aggregate, LLP, Fischer Mining, LLC, and Rockport, LLC, subject to adhering to all applicable City ordinances and approved conditional use permits; and authorizing the City Administrator to consider and approve a limited number of modifications to hours of hauling outside of those CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2024 Page 2 hours permitted by City Code and approved conditional use permit, upon request by the permit holder. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl,receiving the Cemetery Advisory Committee's 2023 annual report. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl,receiving the Traffic Safety Advisory Committee's 2023 annual report. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-20 appointing individuals listed in the resolution to serve as judges and election officials for the Presidential Nomination Primary Election to be held on March 5, 2024, in the City. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving release of Natural Resources Management Permit financial guarantee for Popeye's Sewer and Water Improvements, Building Site Pad Preparation, as listed in the Natural Resources Technician's memo. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the reduction of financial guarantees for Orchard Place 2nd Addition from$773,000.00 to $710,529.00, as listed in the Community Development Department Assistant's memo. Ayes- 5 - Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-21 ordering the installation of stop signs on Griffon Path and Gooseberry Way. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-22 approving plans and specifications for Project 2024-101, 2024 Street and Utility Improvements; and authorizing advertising for receipt of bids, at 10:00 a.m., on March 5, 2024, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-23 approving plans and specifications for Project 2024-104, Whitney Drive Street& Utility Improvements; and authorizing advertising for receipt of bids, at 1:00 p.m., on March 5, 2024, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays-0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-24 authorizing utilization of a Construction Manager at Risk for Project 2024-114, Community Center& Senior Center Connection and Renovation, creating a selection committee, and directing the establishment of the content and procedure for selection. Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2024 Page 3 MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-25 authorizing utilization of a Construction Manager at Risk for Project 2024-115,Family Aquatic Center Improvements, creating a selection committee, and directing the establishment of the content and procedure for selection. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No.2024-26 authorizing utilization of a Construction Manager at Risk for Project 2024-116, Youth Baseball/Softball Complex Construction, creating a selection committee, and directing the establishment of the content and procedure for selection. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-27 authorizing utilization of a Construction Manager at Risk for Project 2024-117, Redwood Park Reconstruction, creating a selection committee, and directing the establishment of the content and procedure for selection. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-28 authorizing utilization of a Construction Manager at Risk for Project 2024-118, Kelley Park Renovation, creating a selection committee, and directing the establishment of the content and procedure for selection. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Professional Services Agreement with WSB, LLC, for grant writing assistance for MnDNR Local Trail Connection Program grant application, in an amount not to exceed$9,900.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Fiber Optic Indefeasible Right to Use Agreement with Independent School District 196, as attached to the Assistant City Administrator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl,approving extension of the Agreement with the Apple Valley Chamber of Commerce, for provision of Convention and Visitors Bureau services,through December 31, 2024, as attached to the Assistant City Administrator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, approving the Apple Valley Convention and Visitors Bureau(CVB)2024 budget and marketing plan, as attached to the Assistant City Administrator's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-29 approving the Joint Powers Agreement with the State of Minnesota for Minnesota Internet Crimes Against Children(ICAC)Task Force. Ayes- 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2024 Page 4 MOTION: of Melander, seconded by Grendahl, approving the Agreement for 2025 Fire Engine, Triple Combination Pumper with Jerry's Transmission Service, Inc., d/b/a North Central Emergency Vehicles, in the amount of$1,058,370.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Agreement for Project 2024- 115, 2024 Sod Replacement Services,with Jirik Sod Farm, in the amount of $26,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 - Nays- 0. MOTION: of Melander, seconded by Grendahl, approving the Agreement for seasonal printing and mailing of the 2024 City Newsletters with Johnson Litho Graphics of Eau Claire, Ltd., in the amount of$33,900.00, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving Change Order No. 1 to the Agreement with Rosenbauer Minnesota, LLC,with a deduction of$9,043.00; and accepting 2022 78' Aerial Fire Apparatus as complete and authorizing final payment in the amount of$427,955.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving Change Order No. 15 for Apple Valley Station#2 and Improvements to #1 & #3, with various contractors in various amounts. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the 2024-2025 Labor Agreement with AFSCME Local No. 479, 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 Grendahl, approving the Memorandum of Agreement for grandfathering current employees regarding shift change, 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 Grendahl, approving the Memorandum of Agreement for 2023 City insurance contribution, 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 Grendahl, approving the personnel actions as listed in the Personnel Report dated February 8, 2024. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl,to pay the claims and bills, check registers dated January 17,2024, in the amount of$2,280,174.13, and January 24, 2024, in the amount of$1,249,766.91. Ayes- 5 -Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2024 Page 5 AMEND CONDITIONAL USE PERMIT FOR STARBUCKS COFFEE Mr. Sharpe reviewed the request by Starbucks Coffee Company for a Conditional Use Permit amendment for their drive-through at 7525 147th Street W. The applicant is seeking to amend the site plan approved in 2017 by moving the menu ordering board approximately 30 feet to the south. The reason for the Conditional Use Permit is that moving the order board potentially affects the stacking of vehicles in the drive-through lane. The Planning Commission reviewed this item on January 17, 2024, and recommended approval. Discussion followed. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-30 amending Conditional Use Permit 2017-30 which authorized a drive-through window in conjunction with a Class-III restaurant in a"RB" (Retail Business) zoning district for Starbucks Coffee on Lot 1, Block 1, Gisell's Corner, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. PARKS AND RECREATION ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memo regarding the completion of service by Parks and Recreation Advisory Committee Member Brent Schulz. This will create a vacancy on the Parks and Recreation Advisory Committee with a term expiring March 1, 2027. She said the Council may wish to extend an invitation to individuals interested in serving on this Committee to submit an application to the City Clerk by March 15, 2024. MOTION: of Grendahl, seconded by Bergman, acknowledging the completion of service of Parks and Recreation Advisory Committee Member Brent Schulz, and thanking him for his dedicated service to the City of Apple Valley, directing staff to post the Parks and Recreation Advisory Committee vacancy, and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by March 15, 2024. Ayes- 5 -Nays - 0. COMMUNICATIONS Mr. Lawell expressed appreciation to everyone who worked on Mid-Winter Fest. Mayor Hooppaw also thanked all the Parks employees and commented that the event continues to get better each year. Councilmember Bergman added that the fireworks were spectacular this year. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, 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. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2024 Page 6 MOTION: of Grendahl, seconded by Melander, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:17 o'clock p.m. Respectfully Submitted, aQ.�iO�ilJ Pamela J. Ga ett , City Clerk Approved by the Apple Valley City Council on 2-/2Z./2L4 Clint Hooppaw, Mayor