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Home My WebLink About12/09/2021 CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 9, 2021, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: Councilmember Melander. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Police Captain Francis, Finance Director Hedberg, Liquor Operations Director Heyne, Recreation Manager Johnson, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, Public Works Director Saam, and Golf Manager Zinck. Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Scout Braden Rick from Troop 204. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes - 4 -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 - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of November 23, 2021, as written. Ayes - 3 - Nays - 0 - Abstain - 1 (Grendahl). MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-204 accepting, with thanks, the donation of$253.59 from Boy Scout Andrew Seppelt for use by the Parks and Recreation Department toward the purchase and installation of a park swing bench at the Apple Valley Seniar Center. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 2 MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on February 12, 2022, Apri19, 2022, July 4, 2022, November 11, 2022, and December 10, 2022, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to OMNI Brewing Co., by Minnesota Alcohol and Gambling Enforcement Division, for use on December 18, 2021, at CrossFit Templar, at 14608 Felton Court, as described in the City Clerk's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving renewal and issuance of On-Sale 3.2 Percent Malt Liquor Licenses for 2022, per the list attached to the City Clerk's memo, subject to receipt of the necessary documents. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving renewal of the licenses to Sell Tobacco or Tobacco Products for 2022-2023, per the list attached to the City Clerk's memo, subject to receipt of the necessary documents. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the 2022 fees for Redwood Pool and Apple Valley Family Aquatic Center, Sports Arena and Hayes Rena, and Valleywood Golf Course, and granting the Parks and Recreation Director or designee the latitude to adjust the fees for special promotions, as described in the Parks and Recreation Director's memo. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, setting the 2022 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month unless the following Friday is a holiday, as listed in the City Clerk's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-205 approving submitting the application for Fiscal Year 2022 Dakota County Community Development Block Grant (CDBG) funding for the Apple Valley Home Improvement Program, DARTS Outdoor Chore Service, Home Repair and Homemaking Service Programs, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the reduction of financial guarantees for Reliable Mini Warehouses from $130,469.00 to $71,875.00, as listed in the Department Assistant's memo. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 3 MOTION: of Goodwin, seconded by Grendahl, approving release of the Natural Resource Management Permit financial guarantee for Eastview High School Field and Stadium Project, as listed in the Natural Resources Technician's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-206 authorizing distribution of the Rockport, LLC, Alternative Urban Areawide Review(AUAR) 2021 Review. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing Project 2021-180, Sanitary Lift Station 7 Control Panel Replacement, site improvements and related engineering services with AE2S and Stonebrooke. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Fifth Amendment to Lease Agreement with Verizon Wireless, LLC, for the Valleywood Reservoir, as attached to the Public Works Superintendent's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-207 approving plans and specifications for Project 2022-124, Valleywood Golf Course Improvements and Irrigation System; and authorizing advertising for receipt of bids, at 10:00 a.m., on January 12, 2022, via a posting on the City's website and Quest Construction Data Network. Ayes - 3 -Nays - 0 - Abstain - 1 (Grendahl). MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2021- 179, Valleywood Tree Management, with The Vineland Group, Inc., d/b/a Vineland Tree Care, in the amount of$125,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 -Nays - 0 - Abstain - 1 (Grendahl). MOTION: of Goodwin, seconded by Grendahl, approving the Stormwater Maintenance Agreement for My Salon Suite, located at 6906 153rd Street W., with Northland Salons AV Owner, LLC, subject to minor revisions by the City Administrator and City Attorney. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Architectural Services on Project 2021-154, CMF Improvement and Expansion; Project 2021- 171, JCRPE Maintenance Facility; and Project 2021-172, Police Garage, with Oertel Architects, in the amount of$744,000, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Construction Manager Services on Project 2021-154, CMF Improvement and Expansion; Project 2021-171, JCRPE Maintenance; and Project 2021-172, Police Garage, with RJM Construction Manager Services, in the amount of$974,000, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 4 MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the agreement with Ron Kassa Construction, Inc., with a deduction of$1,505.30; and accepting Project 2021-128, 2021 Concrete Removal & Replacement Services, as complete and authorizing final payment in the amount of$3,364.06. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 2021-140, 2021 Sump Catch Basin Cleaning, as complete and authorizing final payment on the agreement with Schlomka's Vac Truck Services, in the amount of$82,030.00. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated December 9, 2021. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, on the check register dated November 17, 2021, in the amount of$1,821,993.45; and November 23, 2021, in the amount of$267,391.49. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA 2022 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg presented the 2022 proposed budget and tax levy. He reviewed the changes since the preliminary budget, as well as the budget development process, budget climate, on-going challenges, budget objectives and highlights. All properties in the City received mailed notice of the Truth-in- Taxation meeting and the notice included the proposed property taxes for 2022 based on preliminary budgets and tax levies approved in September. The impact of the property tax levy on the 2022 median valued home of$302,400, that experienced a 5.99% increase in market value, will result in the City's portion of property taxes increasing approximately $72. The General Fund revenues and expenditures are $38,080,344. Mr. Hedberg stated the final property tax levy for 2023 is $29,825,000, which is an increase of 4.40% or$1,256,219 from 2021. He pointed out Apple Valley's budget includes funding for the annual street maintenance program and property owners are not specially assessed for these improvements. Discussion followed. Mayor Hooppaw opened the public comment portion of the Truth-in-Taxation hearing at 7:46 p.m. He asked for questions or comments from the public. There were none and the public comment portion of the meeting was declared closed at 7:47 p.m. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-208 approving setting the City tax levy collectible in 2022 at $29,825,000 and approving 2022 budgets with total revenue of$85,665,870 and expenditures of $90,754,506. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 5 2022 FEE SCHEDULE Ms. Gackstetter reviewed the proposed Fee Schedule. Fee adjustments are proposed for the cemetery, City fees and materials, consultant and engineering services, building inspections and permits, licenses and permits, subdivision and development fees, utility fees, and zoning. The fees would be effective January 1, 2022. She noted the proposed rates more accurately reflect the City's costs. Some changes were also recommended as a result of increased fees being charged the City and some were increased according to the Engineering News Record construction cost index. No comments from the public have been received regarding the proposed changes. Mayor Hooppaw called the public hearing to order at 7:49 p.m. to consider the Fee Schedule which sets fees and charges for various products and services effective January 1, 2022. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:50 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2021-209 approving the 2022 Fee Schedule, by adjusting certain fees and charges effective January l, 2022. Ayes - 4 -Nays - 0. ECONOMIC DEVELOPMENT AUTHORITY VACANCY Ms. Gackstetter reviewed her memo, regarding the vacancy on the Economic Development Authority(EDA). The vacancy has a six-year term expiring March l, 2025. She recommended the Council extend an invitation to individuals interested in serving on the Economic Development Authority to submit an application to her by January 14, 2022. MOTION: of Grendahl, seconded by Goodwin, directing staff to post the Economic Development Authority vacancy and inviting individuals interested in serving on the EDA to submit an application to the City Clerk by January 14, 2022. Ayes - 4 -Nays - 0. COMMUNICATIONS Mayor Hooppaw commented on the fantastic presentation by the Police Department at the informal meeting and thanked them for their efforts in responding to mental health crisis calls in a more successful way. Mr. Lawell said a major winter storm is headed this way. Independent School District 196 announced school is closed tomorrow for all students. He then reminded drivers to give snowplow operators plenty of room to work and not park on residential streets. Last, he said the City is currently accepting applications for warming house and facility attendants. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 6 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 - 4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 7:55 o'clock p.m. Respectfully Submitted, P a.ca2o-�� Pamela J. Gac s tte , ity Clerk Approved by the Apple Valley City Council �� on 12/2l/21 Clint Hooppaw, Mayor