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Home My WebLink About12/22/2022 CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 22, 2022, 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 Gackstetter, City Attorney Dougherty, Parks and Recreation Director Carlson,Police Chief Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Acting Community Development Director Lovelace, 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 Mayor Hooppaw suggested moving item 5.0 - Proclaim February 4, 2023, as "Apple Valley Mid-Winter Fest 2023" in front of item S.A. MOTION: of Grendahl, seconded by Melander, approving the agenda for tonight's meeting, as amended. 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 Grendahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes- 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of December 8, 2022, as written. Ayes -4 -Nays - 0 -Abstain- 1 (Melander). MOTION: of Grendahl, seconded by Goodwin, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to 1776 American Legion CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2022 Page 2 Riders, for use on March 25, 2023, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 5 - Nays- 0. MOTION: of Grendahl, seconded by Goodwin, approving a change in manager for AV Hospitality SBC, in connection with On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14521 Granada Drive, naming Robert Alan Reding, III, as General Manager, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a change in manager for Apple Valley Grill, LLC, d/b/a Wild Bill's Sports Saloon, in connection with On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 15020 Glazier Avenue,naming Andrea Marie Anderson, as General Manager, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving renewal and issuance of licenses and permits for 2023, as listed in the attachment to the City Clerk's memo. Ayes - 5 -Nays- 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2022-204 amending the 2022 Operating Budget for specific items. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2022-205 committing December 31, 2022, fund balances for 2022 financial statement purposes. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, setting a special informal City Council meeting, at 5:00 p.m., on January 12, 2023, at the Municipal Center, for purposes of discussing the potential park bond referendum and meeting with local legislators to discuss legislative priorities, as described in the City Administrator's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the reduction of financial guarantees for Orchard Place 2nd Addition from$119,406.00 to $109,406.00, as listed in the Community Development Department Assistant's memo. Ayes- 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Display Contract Agreement for fireworks display services on February 4,2023, with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO, in the amount of$8,000.00, subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2022 Page 3 MOTION: of Grendahl, seconded by Goodwin, approving the Display Contract Agreement for fireworks display services on July 4, 2023,with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO, in the amount of$25,000.00, subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Grendahl, seconded by Goodwin, approving the agreement with TNC Industries, Inc., for Plymovent Vehicle Exhaust Systems Modifications at three fire station locations, in the amount of$51,972.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the agreement for Project 2021- 138, Eagan and Apple Valley Sewer Monitoring - Electrical, with Killmer Electric Co., Inc., in the amount of$49,900.20, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the agreement for Project 2023- 112, 2023 Parks Ash Removal, with Carr's Tree Service, in the amount of $81,905.22, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 2021-156, 2021 Ash Tree Removals Third Batch, as complete and authorizing final payment on the agreement with Birch Tree Care, LLC, in the amount of$30,715.50. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2022-206 approving the 2023 Pay and Benefit Plan. Ayes- 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated December 22, 2022. Ayes - 5 -Nays- 0. MOTION: of Grendahl, seconded by Goodwin,to pay the claims and bills, on the check register dated November 30, 2022, in the amount of$1,868,554.58; and December 7, 2022, in the amount of$3,267,409.88. Ayes - 5 -Nays- 0. END OF CONSENT AGENDA PROCLAIM"APPLE VALLEY MID-WINTER FEST 2023" Recreation Supervisor Bird, of the Mid-Winter Fest Committee, was present and reviewed activities planned for this year's celebration. All events are scheduled outside on February 4, 2023, at Johnny Cake Ridge Park- West. Mr. Bird thanked the organizations and volunteers who sponsor and support this event. He ended by showing a short video clip highlighting past Mid-Winter Fest celebrations. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2022 Page 4 Mayor Hooppaw then read the proclamation. MOTION: of Goodwin, seconded by Melander,proclaiming February 4, 2023, as "Apple Valley Mid-Winter Fest 2023", declaring it a community festival, and encouraging citizens to support and participate in the celebration. Ayes - 5 -Nays - 0. 2023 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg continued the public presentation on the 2023 proposed budget and tax levy, which began at the December 8, 2022, City Council meeting. He responded to the questions raised at that meeting. He said Apple Valley has a history of conservative financial practices. In fact, in the last three years Apple Valley has the lowest per capita spending of comparable cities. He noted Apple Valley's valuation increases are not unique from other cities in Minnesota and explained how the change in valuation resulted in a significant property tax shift. He reviewed per capita spending in comparable cities, the infrastructure replacement fund, and other revenue sources. He said the aging infrastructure is driving the utility rates and provided various comparisons. Mr. Hedberg stated the proposed property tax levy for 2023 is $32,039,000, which is an increase of 7.42%or$2,214,000 from 2022, and is still favorable in comparison to comparable cities. He noted there have been no calls or comments on the proposed budget since the last meeting. Mayor Hooppaw continued the public comment portion of the Truth-in-Taxation meeting at 7:41 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 7:42 p.m. Discussion followed. Councilmember Grendahl asked how much is in the Storm Water Utility Fund. Mr. Hedberg said there is approximately $1.6 million in cash. Councilmember Melander said he watched the last meeting and took copious notes. He noted that Apple Valley is either at or near the bottom in spending or increases in spending based on all the comparisons. Historically, Apple Valley has been very responsible, and he believes this budget also shows a lot of restraint. Councilmember Goodwin commented on inflation and how it has impacted the budget. Discussion continued. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2022-207 approving setting the City tax levy collectible in 2023 at$32,039,000 and approving 2023 budgets with total revenue of$85,273,986 and expenditures of $88,645,140. CITY OF APPLE VALLEY Dakota County, Minnesota December 22,2022 Page 5 Councilmember Grendahl commented on the property tax shift and noted Dakota County held the line, except that it mandated weekly recycling pickup, which in a round-about way impacts residents' expenses. She looks forward to additional discussion regarding the street and utility reconstruction program. She does not recall voting on the water and sewer portion of the program. She believes there are major issues with the infrastructure program that need to be addressed in the future. Last, she said residents have questioned her on how the financial help to Valleywood has impacted the budget and why that was not one of the questions in the upcoming park bond referendum. Mayor Hooppaw agreed that it would be a good idea to revisit the road reconstruction program at a work session to make sure it still makes sense. Vote was taken on the motion: Ayes -4 -Nays - 1 (Grendahl). 2023 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. She said the public hearing was held at the December 8, 2022, City Council meeting and there were no comments from the public regarding the proposed changes. She noted the proposed rates more accurately reflect the City's costs. If approved,the fees would be effective January 1, 2023. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2022-208 approving the 2023 Fee Schedule, by adjusting certain fees and charges effective January 1, 2023. Ayes- 5 -Nays - 0. COMMUNICATIONS Mr. Lawell acknowledged the great work the Public Works and Parks Maintenance crews have been doing clearing the streets from the recent snowfalls. He also thanked Police and Fire personnel for keeping everyone safe. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, 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 Grendahl, seconded by Goodwin,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:57 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2022 Page 6 Respectfully Submitted, P � Pamela J. G to , City Clerk Approved by the Apple Valley City Council 41LO2 on Clint Hooppaw, or