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Home My WebLink About08/26/2021 CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2021 � Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 26, 2021, 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 ineinbers present were: City Administrator Lawell, Deputy City Clerk Marschall, City Attorney Hills, City Engineer Anderson, Plaiuier Bodmer, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Police Captain Francis, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam. Mayor Hooppaw called the ineeting to order at 7:00 p.m., and recognized the service members we lost in Afghanistan this week. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Goodwin, seconded by Grendahl, 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 Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of August 12, 2021, as written. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-132 accepting, with thanks, the donation of a memorial park bench from Parks and Recreation Department employees, for use by the Parks and Recreation Department. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2021 Page 2 ` MOTION: of Bergman, seconded by Goodwin, approving a change in manager for Lancer Food and Beverage, LLC, in connection with the Concessionaire On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 13000 Zoo Boulevard, naming Michael Anthony Kielkucki as General Manager, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, proclaiming September 2, 2021, as "Gable � Steveson Day in Apple Valley," as attached to the Assistant City Administrator's memo. Ayes - 5 -Nays - 0. , MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-133 setting a public hearing, at 7:00 p.m., on September 23, 2021, to consider vacating easements on Lots 1, 2 and 3, Block 4; Lots 1 and 2, Block 5; and Outlot 3, Apple Valley Third Addition(Westview Elementary School). Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a memorandum of understanding with the United States Secret Service, and authorizing the Chief of Police, Mayor, � and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a memorandum of understanding with the Minnesota Zoological Board, and authorizing the Chief of Police, Mayor, and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-134 directing the City Engineer to prepare plans and specifications for Project 2022-101, 2022 Street and Utility Improvements (Redwood Drive/Juniper Lane). Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-135 directing the City Engineer to prepare plans and specifications for Project 2022-104, 133rd Street W. (Galaxie Avenue to Flagstaff Avenue) Street and Utility Improvements. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-136 directing the City Engineer to prepare plans and specifications for Project 2022-106, Pennock Avenue/140th Street W./145th Street W. Street Improvements. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-137 directing the City Engineer to prepare plans and specifications for Project 2022-107, Greenleaf 6th& 7th Addition (Phase 1) Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-138 l approving plans and specifications for Project 2021-157, Valleywood Golf Course Irrigation System Replacement; and authorizing advertising for receipt of bids, at CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2021 Page 3 � 10:00 a.m., on September 16, 2021, via a posting on the City's website and Quest Construction Data Network. Ayes -4 -Nays - 0 - Abstain- 1 (Grendahl). MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Project 2021- 142, 2021 Hydrant Reconditioning and Painting, with B & B Commercial Coating, LLC, in the amount of$34,625.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for 2021 Greenleaf Asphalt Pathway and Patching/Repair, with Bituminous Roadways, Inc., in the amount of$48,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Project.2021- 140, 2021 Sump Catch Basin Cleaning, with Schloinka's Vac Truck Services, Inc., in the amount of$65,790.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the agreement with r ahrner Asphalt Sealers, LL�, iii the amo unt of an additianal $3,413.81; and accepting Project 2021-103, 2021 Micro Surfacing, as complete and authorizing final payment in the amount of$14,564.58. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-139, amending the 2021 pay and benefit plan. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated August 26, 2021. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated August 4, 2021, in the amount of$579,291.08, and August 11, 2021, in the amount of$1,977,731.67. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA SENIOR HOUSING REVENUE BONDS - PHS APPLE VALLEY SENIOR HOUSING, INC. - ORCHARD PATH PHASE II PROJECT Mr. Hedberg reviewed the request from PHS Apple Valley Senior Housing, Inc., to issue up to $25,000,000.00 of Senior Housing Revenue Bonds, Series 2021, to finance the construction of 60 independent-living units as an addition to the existing PHS Orchard Path project at Cobblestone. He noted the bonds are payable only from the revenues of PHS Apple Valley Senior Housing, Inc. The bonds are not an obligation of the City of Apple Valley and will not impact the City's bond rating through Moody's and Standard and Poor's. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2021 Page 4 Mayor Hooppaw called the public hearing to order at 7:05 p.m. to consider adopting a resolution authorizing the issuance of Housing and Health Care Revenue Bonds on behalf of PHS Apple Valley Senior Housing, Inc. - Orchard Path Phase II Project. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:06 p.m. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-140 approving issuance and sale of Housing and Health Care Revenue Bonds, Series 2021, in an amount not to exceed$25,000,000.00, in connection with PHS Apple Valley Senior Housing, Inc. - Orchard Path Phase II Project; and authorizing execution of the necessary docuinents to complete the sale. Ayes - 5 -Nays - 0. GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS Mr. Hedberg reviewed the request for the issuance and sale of General Obligation Capital Improvement Plan Bonds, Series 2021B, and levying a tax for the payment. Mr. Hedberg noted the City has once again received the highest credit ratings of Aaa and AAA, from Moody's Investor Service and Standard and Poor's Ratings Services, res.pectively. Only ten cities in Minnesota have been assigned the highest rating from both rating services. Ms. Tammy Omdal, of Northland Securities, commented on the offers received to purchase the General Obligation Capital Improvement Plan Bonds, Series 2021B, of the City, to finance � facilities improvements. The par amount of the bonds to be issued is $5,985,000.00. The interest rate was originally estimated at 1.90%, but came in at 1.66%. The bonds were bid to include a premium, which will be deposited into the construction fund. Discussion followed. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-141 approving the issuance and sale of the City's $5,985,000.00 General Obligation Capital Improvement Plan Bonds, Series 2021B, and levying a tax for the payment; and authorizing execution of the necessary documents to complete the sale. Ayes - 5 -Nays - 0. ORDINANCE AMENDING PD-646/ZONE 1 Mr. Lovelace gave the first reading of an ordinance amending Planned Development No. � 646/Zone 1 to allow churches, religious facilities, and religious centers as permitted uses. The Planning Commission held a public hearing on this item on Apri121, 2021, and voted unanimously to recommend approval at its ineeting on August 4, 2021. MOTION: of Melander, seconded by Goodwin, waiving the procedure for a second reading . -and passing Ordinance No. 1098, amending City Code Section A28 of Planned - Developinent No. 646 to allow churches, religious facilities and religious centers � ) as permitted uses. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2021 Page 5 DRAINING REQUIREMENTS (RESIDENTIAL IMPERVIOUS SURFACE COVERAGE) Ms. Bodmer gave the first reading of an ordinance amending Section 155.350(C) and (D) of the City Code by adjusting the maximum impervious surface area coverage; and establishing a process in requesting an additional 5% of the maximum impervious surface area. The Planning Commission voted unanimously to recoininend approval at its meeting on July 21, 2021. MOTION: of Grendahl, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1099 amending City Code Section 155.350(C) and (D) regarding drainage requirements. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2021-142 approving amending the 2021 Fee Schedule by adding an application fee and financial security for residential impervious surface areas. Ayes - 5 -Nays - 0. COMMUNICATIONS Mayor Hooppaw thanked staff and everyone who attended the Berry Bernstein Memorial Sprayground Dedication at the Aquatic Family Center on August 21, 2021. Mr. Lawell invited everyone to celebrate "Gable Steveson Day in Apple Valley" on September 2, 2021, at 2:00 p.m., at Apple Valley High School. CALENDAR OF UPCOMING EVENTS MOTION: of Grendal�l, 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. MOTION: of Bergman, seconded Grendahl, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:29 o'clock p.m. Respectfully Submitted, Stephanie Marschall, eputy City Clerk � � Approved by the Apple Valley City Council . on q �al �ZI Tom Goodwin, Acting Mayor