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Home My WebLink About2024/12/26CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2024 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 26, 2024, at 7:00 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 Bauer, City Engineer Anderson, Community Development Director Benetti, Parks and Recreation Director Carlson, Assistant City Administrator Grawe, Finance Director Hedberg, Fire Chief Nelson, Public Works Director Saam, City Planner Sharpe, and Lieutenant Spillers. Mayor Hooppaw called the meeting to order at 7:00 p.m. Apple Valley American Legion Post 1776 presented the colors. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Goodwin, approving the agenda for tonight's meeting, as presented. Ayes - 5 - Nays - 0: Ai IT)1F,NCF, 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 Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of December 12, 2024, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-155 setting a public hearing, at 7:00 p.m., on January 23, 2025, to consider vacating easements for Apple Valley High School (14450 Hayes Road). Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2024 Page 2 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-156 setting a public hearing, at 7:00 p.m., on January 23, 2025, to consider vacating easements for Eastview High School (6200 140th Street W.). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a change in manager for AVC, LLC, d/b/a Cowboy Jacks, in connection with the On -Sale 3.2 Percent Malt Liquor and Wine Licenses at 14998 Glazier Avenue, naming Tanner John Wandmacher as General Manager, as described in the Deputy City Clerk's memo. Ayes-5-Nays-0. MOTION: of Goodwin, seconded by Bergman, accepting the resignation from Parks Commissioner Lisa Hiebert, and authorizing recruitment for commission and committee vacancies. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-157 authorizing transfers from the Liquor Fund for 2024. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-158 committing fund balances for 2024 financial statement purposes. Ayes - 5 - Nays —0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-159 amending the 2025 budget for specific items and uncompleted projects. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-160 approving changes to the 2025 Pay and Benefit Plan. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-161 approving the Alternative Urban Areawide Review (AUAR) 2024 Update and Mitigation Plan for Rockport, LLC. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-162 approving an amendment to the Apple Valley 2040 Comprehensive Plan for property described as part of Outlot D, Orchard Place 2nd Addition. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-163 approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, declaring certain City vehicles and equipment as surplus; and authorizing disposal of the surplus City property by a public online auction with Lust Auction Services, LLC, as attached to the Fire Chief s memo. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2024 Page 3 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2024-164 approving the Parks Amenity Plan. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Bergman, adopting Resolution No. 2024-165 approving plans and specifications for Project 2024-153, Pickleball Court Expansion at JCRPW; and authorizing advertising for receipt of bids, at 1:00 p.m., on January 29, 2025, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Bergman, adopting Resolution No. 2024-166 approving plans and specifications for Project 2024-158, Cobblestone Lake Trail Reconstruction; and authorizing advertising for receipt of bids, at 2:00 p.m., on January 28, 2025, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement to furnish and install one columbarium with Cold Spring Granite Company, in the amount of $70,781.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2024- 153, Pickleball Court Expansion at JCRPW, associated with the 2023 Parks Bond Referendum, with Sports Lighting Authority, LLC, in the amount of $10,585.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Display Contract Agreement for fireworks display services on February 1, 202, and on July 4, 2025, subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department with RES Specialty Pyrotechnics, Inc., d/b/a RES Pyro, in the amount of $38,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5-Nays-0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for golf course management system for Valleywood Golf Course, with Eagle Club Systems, in the amount of $3,900.00 annually plus credit/debit card processing fees and a one- time implantation fee of $3,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Professional Services Agreement with Least Services/Counseling, LLC, for mental health support and training, as attached to the Deputy Police Chief s memo, and authorizing the Acting Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2024 Page 4 MOTION: of Goodwin, seconded by Bergman, approving the revision to Service Agreement between the City of Apple Valley and Target Solutions Learning, LLC, d/b/a Vector Solutions, for Fire Department's record management software, in an amount of $8,510.50. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving acceptance and final payment on various agreements to various contractors in various amounts for Apple Valley Fire Station #2 and Improvements to #1 & #3, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 2024-107, 127th Street W. (Cedar to Galaxie) Improvements, as complete and authorizing final payment on the agreement with McNamara Contracting, Inc., in the amount of $80,001.19. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 2024-157, 2024 Ash Tree Removals — Third Batch, as complete and authorizing final payment on the agreement with Ostvig Tree, Inc., in the amount of $95,182.40. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Park Amenity Replacement Planning, associated with the 2023 Parks Bond Referendum, as complete and authorizing final payment on the agreement with Hoisington Koegler Group, Inc., in the amount of $1,116.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting City of Apple Valley Residential Fall Clean -Up Day (Appliance, Scrap Metal, and Mattress Collection), as complete and authorizing final payment on the agreement with Certified Recycling, LLC, in the amount of $6,146.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated December 26, 2024. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, on the check register dated December 4, 2024, in the amount of $1,820,257.29; and December 10, 2024, in the amount of $4,034,199.56. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA UTILITY FRANCHISE ORDINANCES Mr. Saam provided an overview of the two proposed utility franchise ordinances. The first proposed ordinance is a franchise agreement with Dakota Electric Association for an electric utility. The second proposed ordinance is a franchise agreement with CenterPoint Energy CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2024 Page 5 Resources Corp. for a gas utility. Both entities currently have franchises with the City. The new franchise agreements have 20-year terms. MOTION: of Goodwin, seconded by Bergman, waiving the provision for a second reading and passing Ordinance No. 1137 amending Chapter 119 of the City Code entitled "Electricity Franchise", amending Section 119.01 regarding an Electric Franchise with Dakota Electric Association. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, waiving the provision for a second reading and passing Ordinance No. 1138 amending Chapter 119 of the City Code entitled "Gas Franchise", amending Section 119.45 regarding a Gas Franchise with CenterPoint Energy Resources Corp. Ayes - 5 - Nays - 0. UTILITY FRANCHISE FEE ORDINANCES Mr. Saam provided an overview of the two proposed ordinances. The City has an existing Franchise Fee Ordinance with Dakota Electric Association for electric service. The existing fee is 2% of account usage with a cap of $25 per month for each account. The City did not previously have an existing franchise fee with CenterPoint Energy Resources Corp. for natural gas service. For each ordinance, the proposed franchise fee is 3% of account usage with a cap of $25 per month for residential accounts and a cap of $75 per month for commercial/industrial accounts. Use of the franchise fee revenue is at the discretion of the City Council. Based on previous discussions, a portion of the revenue is planned to be used for the Street Improvement Program. The public hearing has been properly noticed. Mayor Hooppaw called the public hearing to order at 7:12 p.m. to consider the Utility Franchise Fee Ordinances. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:12 p.m. MOTION: of Goodwin, seconded by Bergman, waiving the provision for a second reading and passing Ordinance No. 1139 amending Chapter 119 of the City Code, adding Section 119.60 entitled "Franchise Fees" regarding an electric utility franchise fee. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Melander, waiving the provision for a second reading and passing Ordinance No. 1140 amending Chapter 119 of the City Code, adding Section 119.61 entitled "Franchise Fee" regarding a Natural Gas Franchise Fee. Ayes - 5 - Nays - 0. CELEBRATION OF SERVICE — CITY COUNCILMEMBER TOM GOODWIN Mayor Hooppaw highlighted the great work of City Councilmember Tom Goodwin during his over 40 years as Councilmember of the City of Apple Valley. Mr. Lawell thanked Councilmember Goodwin for his commitment, dedication, and all he has done for the City. A video highlighting Councilmember Goodwin's service to the City was shown. CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2024 Page 6 The Council individually thanked Councilmember Goodwin for his service and wished him the best in retirement. Community members who expressed thanks to Councilmember Goodwin included ISD 196 School Board Member Jackie Magnuson, State Representative John Hout, Apple Valley American Legion Post 1776 Commander Bernie Baumann, Apple Valley American Legion Post 1776 Adjutant Carla Tappainer, Planning Commission Chair Jodi Kurtz, Fort Snelling Memorial Rifle Squad Member Walter Nowocin, Apple Valley Chamber of Commerce President Ed Kearney, Fort Snelling Memorial Rifle Squad Member Marc Anderson, Resident Tom K., Retired Apple Valley Police Chief John Rechtzigel, and Councilmember Goodwin's brother Roger Goodwin. Councilmember Goodwin introduced and thanked his family. He complimented the Council and expressed his appreciation for his fellow councilmembers, department heads, and City staff members. He stated it has been an honor and a privilege to serve on the Council for 40 years and 10 months. Mr. Lawell then read the proclamation proclaiming December 26, 2024, as "Tom Goodwin Day in Apple Valley". MOTION: of Hooppaw, seconded by Grendahl, proclaiming December 26, 2024, as "Tom Goodwin Day in Apple Valley". Ayes - 5 - Nays - 0. Mr. Lawell presented Councilmember Goodwin with a marble apple in recognition and honor of his distinguished service to the City. Mayor Hooppaw presented Councilmember Goodwin with the Key to the City. Lastly, Mayor Hooppaw presented Councilmember Goodwin with a special award: a glass sculpture, symbolizing his steadfast career as a leader in the City of Apple Valley. The sculpture was given in recognition and appreciation of over 40 years of dedicated service to the City of Apple Valley on behalf of a grateful community. COMMUNICATIONS None. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, 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 8:28 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2024 Page 7 Respectfully Submitted, .r Christina M. Scipioni, City CI Approved by the Apple Valley City Council on January 9, 2025. Clint -ooppaw.' ayor