HomeMy WebLinkAbout09/14/2023 CITY OF APPLE VALLEY
Dakota County,Minnesota
September 14, 2023
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held September 14, 2023, 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, City Engineer Anderson, Community Development Director Benetti, Parks
and Recreation Director Carlson, Deputy Police Chief Dahlstrom, Police Chief Francis, Assistant
City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Fire
Chief Nelson, 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 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 Melander, seconded by Bergman, approving all items on the consent agenda
with no exceptions. Ayes - 5 -Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Melander, seconded by Bergman, approving the minutes of the regular meeting
of August 24, 2023, as written. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving issuance of lawful gambling
exempt permits, by the State Gambling Control Board, to Apple Valley Sons of
the American Legion, Squadron 1776, for use on February 24, 2024,April 13,
2024, July 4, 2024,November 11, 2024, and December 7, 2024, at the Apple
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2023
Page 2
Valley American Legion, 14521 Granada Drive, and waiving any waiting periods
for State approval. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-115
appointing judges and officials for November 7, 2023, Special Election. Ayes - 5
-Nays - 0.
MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-116
concerning recording of write-in votes. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-117
approving 2023 Special Assessment Roll No. 689, for hearing purposes, in the
total amount of$151,034.26 for delinquent utility charges, and setting the public
hearing, at 7:00 p.m., on October 12, 2023. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman,adopting Resolution No. 2023-118
approving 2023 Special Assessment Roll No. 690, for hearing purposes, in the
total amount of$4,338.56 for delinquent hazardous tree removal and nuisance
charges, and setting the public hearing, at 7:00 p.m., on October 12, 2023. Ayes -
5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving the Truth-in-Taxation
supplemental insert as attached to the Finance Director's memo. Ayes - 5 -Nays
- 0.
MOTION: of Melander, seconded by Bergman, approving the release of financial guarantee
for Eagle Brook Church, and reduction of financial guarantee for Floor& Decor
from $55,000.00 to $11,000.00, and Apple Valley Industrial (Opus Development)
from $338,411.00 to $87,862.20, as listed in the Department Assistant's memo.
Ayes- 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-119 directing
the City Engineer to prepare plans and specifications for Project 2024-101, 2024
Street and Utility Improvements. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-120 directing
the City Engineer to prepare plans and specifications for Project 2024-103, 2024
Micro Surfacing. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-121 directing
the City Engineer to prepare plans and specifications for Project 2024-104,
Whitney Drive Street& Utility Improvements. Ayes - 5 -Nays- 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14,2023
Page 3
MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-122 directing
the City Engineer to prepare plans and specifications for Project 2024-107, 127th
Street (Cedar to Galaxie) Improvements. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving First Amendment to Sale and
Purchase Agreement with McNamara Contracting Properties, LLC, as attached to
the Public Works Director's memo, and authorizing the Mayor and City Clerk to
sign the same. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving First Amendment to Joint Powers
Agreement for the Construction of North Creek Greenway Projects and Ongoing
Maintenance, related to Project 2021-150,North Creek Greenway Trail
Improvements, with Dakota County, as attached to the Public Works Director's
memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Melander, seconded by Bergman, approving the Professional Services
Agreement with MNSPECT, LLC, for Building Inspection Services from
September through December 31, 2023, as attached to the Public Works
Director's memo, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving the Professional Services
Agreement with Keith Peter Streff for animal hearing officer services, as attached
to the Police Chief s memo, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving the Construction Agreement for
Project 2020-144, Apple Valley Commerce Center Turn Lane Improvements
(Scannel),with XCEL Energy, in the amount of$48,590.00, as attached to the
City Engineer's memo, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving the agreement for Project 2023-
165, 2023 Ash Tree Removals Second Batch,with Carr's Tree Service, Inc., in
the amount of$143,615.00, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving the agreement for Project 2023-
169, 142nd and Granite Sanitary Sewer Repair, with Kusske Construction Co.,
LLC, in the amount of$34,480.50, and authorizing the Mayor and City Clerk to
sign the same. Ayes- 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving the agreement for Project 2023-
173, Protective Driving Range Netting with Net Connection, LLC, in the amount
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2023
Page 4
of$78,145.00, and authorizing the Mayor and City Clerk to sign the same. Ayes -
5 - Nays - 0.
MOTION: of Melander, seconded by Bergman, approving Change Order No. 1 to the
agreement with Leibold Irrigation, Inc., for Project 2022-124, Valleywood Golf
Course Improvements and Irrigation System, with a deduction of$109,650.00.
Ayes - 5 -Nays- 0.
MOTION: ofMelander, seconded by Bergman, approving Change Order No. 1 to the
agreement with McNamara Contracting, Inc., for Project 2023-107, 157th Street
W. and Hayes Road Street Improvements, in the amount of an additional
$19,470.00. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving Change Order No. 1 to the
agreement with Pro-Tec Design, Inc., for FS2 - Card Readers and Cameras, in the
amount of an additional $12,500.00. Ayes- 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving Change Order No. 1 to the
agreement with Drain Pro Plumbing, Inc., for Fire Station One Flammable Waste
Tank Replacement, in the amount of an additional $15,000.00. Ayes - 5 -Nays -
0.
MOTION: of Melander, seconded by Bergman, approving Change Order No. 8 for Apple
Valley Station#2 and Improvements to#1 & #3, with various contractors for a
total amount of$32,373.85. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, accepting Apple Valley,Farmington, and
Rosemount Cable Commission Control Room/Chamber PTZ Upgrades, as
complete and authorizing final payment on the agreement with Advanced Systems
Integration, LLC, in the amount of$84,207.59. Ayes- 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving the personnel actions as listed in
the Personnel Report dated September 14, 2023. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Bergman, approving the claims and bills, check
registers dated August 16, 2023, in the amount of$1,258,616.57;
August 23, 2023, in the amount of$2,386,574.16, and August 30, 2023, in the
amount of$1,339,938.71. Ayes - 5 -Nays - 0.
END OF CONSENT AGENDA
PROPOSED 2024 CITY BUDGET AND PROPERTY TAX LEVY
Mr. Hedberg presented the proposed 2024 budget and tax levy. He reviewed the budget
timeline. Staff recommends the Council set the public budget meeting, formerly called the
CITY OF APPLE VALLEY
Dakota County,Minnesota
September 14, 2023
Page 5
Truth-in-Taxation hearing, for December 14, 2023, which is a regularly scheduled Council
meeting. He reviewed the budget considerations and significant impacts for 2024. He compared
taxes on the median valued home to similar communities and reminded everyone that Apple
Valley property owners do not receive special assessments for road and infrastructure
reconstruction. The 2024 proposed budget requires a total levy of$34,744,000, an increase of
$2,705,000 or 8.44%from 2023. He pointed out that once the preliminary budget is adopted,the
total levy amount may decrease,but not increase.
Discussion followed.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-123
approving the proposed 2024 budgets, with total revenue of$90,742,433 and
expenditures of$98,412,395, and approving the proposed tax levy collectible in
2024 of$34,744,000. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded Melander, setting a public budget meeting on the proposed
2024 budgets and tax levy at 7:00 p.m. on December 14, 2023. Ayes - 5 -Nays-
0.
EAGLE POINTE APPLE VALLEY 2ND ADDITION
Mr. Bennetti reviewed the request by Eagle Pointe, LLC, (Brandle Anderson Homes) for
approval of a subdivision by preliminary plat of Eagle Pointe Apple Valley 2nd Addition, and a
site plan/building permit authorization to construct a total of 30 villa and townhome units. The
Planning Commission held a public hearing on this item on August 2, 2023, and voted
unanimously to recommend approval on August 16, 2023.
Councilmember Melander noted it is a tough site with a high-water table.
Councilmember Goodwin recalled the original design called for four 5-story apartment
buildings. He also pointed out that the last 3 units they added back in are as far away from the
neighborhood as you can get.
Councilmember Bergman added that when the apartments were proposed there were 8 units per
acre. The proposal tonight is 4.2 units per acre. It still is a tremendous project with a lot of
green space. He believes the developer did a wonderful job on a restrictive piece of property.
Discussion continued.
MOTION: of Goodwin seconded by Bergman, adopting Resolution No. 2023-124 approving
the preliminary plat of Eagle Pointe Apple Valley 2nd Addition,with conditions
as recommended by the Planning Commission. Ayes - 5 -Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2023-125
approving the site plan and authorizing issuance of a building permit to allow
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2023
Page 6
construction of 30 villa and townhome units on Lots 1-31, Block 1, Eagle Pointe
Apple Valley 2nd Addition, with conditions as recommended by the Planning
Commission. Ayes - 5 -Nays - 0.
COMMUNICATIONS
Mr. Grawe announced Fall Clean-up Day will be September 23, 2023, from 8:00 a.m. to 1:00
p.m. at the Apple Valley Family Aquatic Center parking lot.
Councilmember Grendahl introduced and welcomed Mr. Zuber Mohamed, the Apple Valley
Boys State representative who was elected Lieutenant Governor.
Mr. Mohamed said he appreciated the opportunity to sit in and listen to the affairs of the Apple
Valley City Council and learn more about local government.
Mr. Carlson said there will be a concert in Kelley Park on September 17, 2023, from 2:00 p.m. to
4:00 p.m. He noted that the Parks Referendum brochure is done and was mailed to all residents.
Anyone interested in more information on the referendum is invited to the public open houses.
Last, he noted that Family Fun Fest will be held on September 16, 2023, from 4:00 p.m. to 8:00
p.m. at the Apple Valley Sports Arena.
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.
ADJOURN
MOTION: of Grendahl, seconded Melander,to adjourn. Ayes - 5 -Nays - 0.
The meeting was adjourned at 7:44 o'clock p.m.
Respectfully Submitted,
&M&A 6"_p I ..L.L_
Pamela J. Gac s tt ity Clerk
Approveq by the Apple Valley City Council
on Clint Hooppaw, Mayor