The URL can be used to link to this page

Home My WebLink About09/23/2021 � CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 23, 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 inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Planner Bodmer, Police Captain Francis, Finance Director Hedberg, City Planner Lovelace, Community Development Director Norclquist, Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam. 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 ineeting's agenda. Ms. Marie Christianson, 14439 Holiday Court, commented on the pickleball courts at Hayes Park. She asked the Council to rethink shutting down the courts. Mayor Hooppaw provided background on the issue. � Mr. Lawell said the Parks and Recreation Advisory Committee will be holding a special informal meeting at 6:00 p.m. on September 28, 2021, at the Apple Valley Community Center to discuss how the space may be reused. The public is invited to provide feedback. Councilmember Grendahl stated she is not interested in revisiting opening the pickleball courts , at Hayes Park. Mr. Jim Christianson, 14439, Holiday Court, commented on the pickleball courts. He stated recently 5 courts at Johnny Cake Ridge Park were not available for play because the school was � using them for physical education classes. He asked the Council to consider keeping the Hayes Park pickleball courts open for play. Councilmember Goodwin said this was the first he heard that the courts were being used by the students for physical education classes. CITY OF APPLE VALLEY Dakota County, Minnesota September 23,2021 Page 2 Discussion followed. Mr. Larry Nelson, 8135 159th Street W., commented on the pickleball courts. He stated pickleball is a growing sport and asked the Council to keep the pickleball courts at Hayes Park open. Discussion continued. 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 September 9;2021, as written. Ayes -4 -Nays - 0 - Abstain- 1 (Hooppaw). MOTION: of Melander, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to Minnesota Darkhouse& Angling Association Metro Chapter, for use on October 22, 2021, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by�Grendahl, declaring Fire Department hydraulic tools as surplus equipment, and authorizing disposal of the surplus equipment by an online public sale with Lust Auction Services, LLC,to be held October 11, 2021, through October 22, 2021, as described in the Fire Chiefls memo. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Grendahl, authorizing the use of the Municipal Center parking lot for Fit Academy SK event on November 6, 2021, as described in the Planning and Economic Development Specialist's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving Amendment#2 Grant Contract Agreement with Minnesota Department of Employment& Economic Development for an extension of the Minnesota Investment Fund(MIF) grant for Uponor, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, authorizing Project 2021-138, Apple Valley and Eagan Sewer Flow Monitoring, and related engineering services with AE2S and Stonebrooke. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2021 Page 3 _ MOTION: of Melander, seconded by Grendahl, authorizing Project 2021-148, Long and Farquar Pond Feasibility Analysis, and related engineeririg services with EOR, Inc. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, authorizing Project 2021-165, East Lake Subwatershed Assessment, and related engineering services with WSB Engineering. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Lease Agreement with Paul A. Schmitt Music Company for Apple Valley Eduoation Partnership Building, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Lender Access Agreement with Wells Fargo Commercial Distribution Finance, LLC, for Apple Valley Education Partnership Building, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Lender Access Agreement with First Business Specialty Finance, LLC, for Apple Valley Education Partnership Building, and authorizing the Mayor and City Clerk to sign the same. Ayes - S -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving Change Order No. 1 to the agreement with Elevation Coating, LLC, in the amount of an additional $9,750.00; and accepting Project 2021-121, Quarry Point Water Tower Intermediate Rehabilitation, as complete and authorizing final payment in the amount of$108,500.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated September 23, 202�1. Ayes - 5 -Nays - 0. ' MOTION: of Melander, seconded by Grendahl, approving the claims and bills, check registers dated September l, 2021, in the amount of$1,731,111.47, and September 9, 2021, in the amount of$1,076,598.15. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PROCLAIM"FIRE PREVENTION WEEK" Fire Chief Russell said every year tlie National Fire Protection Association and Fire Departments nationwide recognize Fire Prevention Week. The educational theme for 2021 is "Learn the Sounds of Fire Safety!". He also reviewed activities planned at the fire stations. Public open houses will be held, from 6:00 to 8:00 p.m., at Fire Station No. 1 on October 5, at Fire Station No. 2 on October 6, and at Fire Station No. 3 on October 7, and everyone is invited. He'then read the proclamation. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2021 Page 4 MOTION: of Grendahl, seconded by Bergman,proclaiming October 3-9, 2021, as "Fire � • Prevention Week" in support of the Fire Department's public safety efforts and urging all citizens to install smoke alarms and to plan and practice fire drills. , Ayes - S -Nays - 0. PROPOSED 2022 CITY BUDGET AND PROPERTY TAX LEVY z Mr. Hedberg presented the proposed 2022 budget and tax levy. He reviewed the budget timeline. Staff recommends the Council set the public budget meeting, formerly called the Truth-in-T�ation hearing, for December 9, 2021, which is a regularly scheduled Council meeting. He reviewed the budget considerations and significant impacts for 2022. The 2022 proposed budget requires a total levy of$29,825,000, an increase of$1,256,219 or 4.40% from 2021. He pointed out that once the preliminary budget is adopted, the total levy amount may � decrease,but not increase. Discussion followed. Councilmember Goodwin noted one-half of the homes will receive an increase of$5.79 or less a month. He also reminded everyone that Apple Valley property owners do not receive special assessments for street reconstruction and maintenance projects. Discussion continued. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2021-150 approving the proposed 2022 budgets, with total revenue of$85,665,870 and expenditures of$90,754,506, and approving the proposed tax levy collectible in 2022 of$29,825,000. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded Melander, setting a public budget meeting on the proposed 2022 budgets and tax levy at 7:00 p.m. on December 9, 2021. Ayes - 5 -Nays - 0. TRUTH-IN-TAXATION 1NSERT Mr. Hedberg introduced this item and reviewed the draft Truth-in-Taxation insert. MOTION: of Bergman, seconded by Goodwin, approving the Truth-in-Taxation notice as � attached to the Finance Director's memo. Ayes - 5 -Nays - 0. COPPER PINT Mr. Lovelace reviewed the request by Copper Pint and Rockport, LLC, for a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant and for a site plan/building permit authorization to allow for construction of a 11,517 sq. ft. restaurant and 163-space surface parking lot on a 2.72 acre lot. The property is located at 15690 English Avenue and is part of the Orchard Place commercial development. The Planning Commission held a public hearing on the CITY OF APPLE VALLEY ' Dakota County,Minnesota September 23, 2021 Page 5 Conditional Use Permit on September 1, 2021, and voted unanimously to recommend approval � of both requests. Discussion followed. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-151 approving a Conditional Use Permit to allow for on-sale liquor in conjunction with a Class I restaurant on Lot 2, Block 1, Orchard Place 2nd Addition, (15690 English Avenue),with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-152 approving the site plan and authorizing issuance of a building permit for construction of an 11,517 sq. ft. building on Lot 2, Block 1, Orchard Place 2nd Addition, (15690 English Avenue), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. Mr. Korey Bannerman, Copper Pint owner, said they are excited to be coming to Apple Valley with a great roof-top patio and banquet space. WESTVIEW ELEMENTARY SCHOOL Ms. Bodmer reviewed the request by Independent School District No. 196. The request includes vacating the easements on Lots 1, 2, and 3, Block 4; Lots 1 and 2, Block 5; and Outlot 3; Apple Valley Third Addition, and final plat approval of Westview Elementary School. Replacement easements will be dedicated on the new plat. Mayor Hooppaw called the public hearing to order, at 8:09 p.m., 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. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:10 p.m. � MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2021-153 - completing vacation of all drainage and utility easements on Lots 1, 2, and 3, � Block 4; Lots 1 and 2, Block 5; and Outlot 3; Apple Valley Third Addition, and authorizing the City Clerk to record the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2021-154 , approving the final plat of Westview Elementary School and waiving the requirement for a development agreement. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2021 Page 6 - . ' COMMUNICATIONS Mr. Saam reviewed the timeline and provided details on the City's response to the September 17, 2021, storm event. He thanked staff for their help responding to residents and cleaning up the debris. Police Chief Rechtzigel reviewed the criteria for sounding the outdoor warning sirens. Councilmember Grendahl said she has concerns about the Parks and Recreation Advisory Committee special informal meeting on September 28, 2021. She stated she does not intend to revisit the Hayes Park pickleball court issue. Councilmember Goodwin asked for an explanation regarding the meeting on September 28, 2021. Mr. Lawell explained that the meeting on September 28, 2021, is a provision of a resolution adopted by the City Council in 2019. It directed staff to provide an.opportunity to the neighborhood to be part of the process to decide how to reuse or repurpose the pickleball courts at Hayes Park. Discussion about pickleball courts continued. 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 Melander,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:48 o'clock p.m. Respectfully Submitted, � o►.�.�A�2.v Pamela J. ks er, City Clerk � A roved b the A le Valle Ci Council `J^'"' pp Y pp Y �Y on I O/��}/21 Clint Hooppaw, Mayor