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Home My WebLink About2024/08/08 CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 2024 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 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: City Administrator Lawell, City Clerk Scipioni, City Attorney Hills, City Engineer Anderson, Community Development Director Benetti, Deputy Police Chief Dahlstrom, Police Chief Francis,Assistant City Administrator Grawe, Finance Director Hedberg, Fire Chief Nelson, Recreation Superintendent Rosa, 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 Bergman, seconded by Grendahl, adding item 4.T-Approve Agreement with BKJ Land Co. II, Inc., for Project 2024-102, 2024 Utility Improvements - Holland Avenue Storm Sewer to the regular agenda, and 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 Goodwin, seconded by Grendahl,approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of July 25, 2024, as written. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to Apple Valley Ducks Unlimited, Chapter 185, for use on October 5, 2024, at Bogart's Entertainment CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 2024 Page 2 Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving release of financial guarantees for Cider Ridge, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No.2024-108 utilizing Coronavirus State and Local Fiscal Recovery Funds (SLFRF) established under the American Rescue Plan Act and the election of the standard allowance for revenue replacement. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing Project 2024-142, SCADA Hardware Upgrade and related engineering services with AE2S. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a memorandum of Agreement with Dakota County Community Development Agency for completion of Environmental Review Record to acquire awarded Community Project Funding/Congressionally Directed Spending for Project 2024-117, Redwood Park Reconstruction, associated with the 2023 Parks Bond Referendum, in the amount of$3,000.00, and authoring the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Professional Services Agreement with Erick Christinsen Design Group, Ltd., for irrigation design services for Project 2024-167,Johnny Cake Ridge Park West Irrigation Replacement, associated with the 2023 Parks Bond Referendum, in an amount of $12,575.00, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Encroachment Agreement for Retaining Wall Encroachment on Lot 5, Block 1, Palomino Hills 6th Replat (13089 Herald Circle), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Encroachment Agreement for Retaining Wall Encroachment on Lot 1, Block 1,Nordic Woods 1 Ith Addition (12734 Foliage Court), and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays- 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Water Quality and Storage Grant for Apple Valley Additions Stormwater Feasibility Study with Minnesota Board of Water and Soil Resources, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 2024 Page 3 MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2024- 161, Times Square Utility Improvements - Feasibility Study,with TS Shopping Center, LLC, and authorizing the Mayor and City Clerk_ to sign the same. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2024- 102, 2024 Utility Improvements—Pennock Avenue Storm Sewer,with Valley Rich Co., in the amount of$46,376.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2024- 172, Skate Park Construction, with Spohn Ranch, Inc., associated with the 2023 Parks Bond Referendum, in the amount of$750,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving First Amendment to Lease Agreement with T-Mobile Central, LLC, for installation of ground equipment at the Central Maintenance Facility, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the agreement with Keys Well Drilling Company, with a deduction of$32,555.00; and accepting Project 2023-184, Well Pump 17 Maintenance, as complete and authorizing final payment in the amount of$93,545.00. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Grendahl, accepting FS2- Card Readers and Cameras— Phase 2, as complete and authorizing final payment on the agreement with Pro- Tec Design, Inc., in the amount of$5,556.94. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Fire Station 2 Station Alerting System Installation project, as complete and authorizing final payment on the agreement with Ancom Communications, Inc., in the amount of$19,293.00. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated August 8,2024. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Grendahl,to pay the claims and bills, check registers dated July 17, 2024, in the amount of$1,554,943.39, and July 24, 2024, in the amount of$2,288,249.45. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl,approving the Agreement for Project 2024- 102, 2024 Utility Improvements—Holland Avenue Storm Sewer, with BKJ Land Co. II, Inc., in the amount of$24,843.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 2024 Page 4 END OF CONSENT AGENDA INTRODUCTION AND OATH OF OFFICE OF POLICE OFFICE KYLE WIESNER Police Chief Francis introduced newly hired Police Officer Kyle Wiesner. City Clerk Scipioni administered the oath of office to Officer Wiesner. Officer Wiesner's mother pinned his badge. The Council congratulated Officer Wiesner and welcomed him to the City. MINNESOTA RECREATION AND PARKS ASSOCIATION AWARD OF EXCELLENCE PRESENTATION Plymouth Arts Supervisor Alyssa Frain,representing the Minnesota Recreation and Parks Association,presented to an Award of Excellence for the Apple Valley Referendum Marketing and Communications Plan. Recreation Superintendent Nate Rosa accepted the award on behalf of the City and thanked the numerous staff members involved in the development and execution of the marking and communications plan for the 2023 Parks Referendum. ADOPT RESOLUTION PROVIDING FOR ISSUANCE AND SALE OF $26,495,000 GENERAL OBLIGATION BONDS, SERIES 2024A Mr. Hedberg introduced this item. Ms. Tammy Omdahl, of Northland Securities, summarized the item. The issue will provide $10,190,000 in funding for the facilities Capital Improvement Plan projects and $16,305,000 for the Park Referendum portion of the bonds. Both Moody's Investor Service and Standard and Poor's Ratings Services have reaffirmed Apple Valley's ratings of Aaa and AAA, respectively. Ms. Omdahl provided information about the results of the $26,495,000 General Obligation Bonds, Series 2024A, that were received that morning. Four bids were received. KeyBanc Capital Markets was the low bid. The final true interest cost was 3.66. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2024-109 providing for the issuance and sale of$26,495,000 General Obligation Bonds, Series 2024A, and pledging for the security thereof net revenues and levying a tax for the payment thereof. Ayes - 5 -Nays- 0. ADOPT RESOLUTION APPROVING INTERIM USE PERMIT ON LOT 1, BLOCK 1, THE LEGACY OF APPLE VALLEY NORTH FOR HOMSHUK& BODEGA FOR CORN ROASTER AND OUTDOOR SALES AREA Mr. Sharpe introduced the item. The City received an application from Homshuk and Bodega 42 for an Interim Use Permit to allow an external corn roaster during the weekends of 2024 until November 30. The applicant has been applying for special event permits to allow the use of the corn roaster for the beginning of the summer and is now seeking to have the roaster available every weekend. Ordinance allows for outdoor sales in this zone without a permit when sales are CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 2024 Page 5 adjacent to the building. Because the roaster is fueled by propane,the Fire Department prefers the sales occur across the parking lot from the building. The Planning Commission held a public hearing on this item on July 17, 2024,where it unanimously recommended approval. No public comment was received. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-110 approving an Interim Use Permit to allow an outdoor corn roaster for Homshuk and Bodega 42 and attaching conditions thereto. Ayes - 5 -Nays - 0. COMMUNICATIONS City Administrator Lawell commented that the Parks and Recreation Department continues to hold open houses at parks throughout the City as part of the park amenity planning effort. Community members can visit the City website for a full schedule. Fire Chief Nelson stated there will be a Fire Station No. 2 ribbon cutting and open house on Tuesday, September 10 at 5:30 p.m. Mayor Hooppaw thanked the Police Department, Fire Department, and City staff for visiting Night to Unite gatherings. He thanked community members for all their support and for hosting over 100 parties throughout the City. 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 Grendahl, seconded by Goodwin,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:25 p.m. Respectfully Submitted, Christina M. Scipioni, City C rk Approved by the Apple Valley City Council on . ? dp . Clint ppaw, Mayor