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Home My WebLink About09/28/2023 CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 28, 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, Fire Chief Nelson, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. 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 Goodwin, 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 September 14, 2023, as written. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2022-126 amending the 2023 Operating Budget for Specific Items. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the reduction of financial guarantees for Honeycrisp Holdings, LLC - Cider Ridge from $131,250.00 to $39,375.00, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 2023 Page 2 MOTION: of Melander, seconded by Bergman, approving incidental wetland application for Project 2021-154, Apple Valley Central Maintenance Facility Improvements, as summarized in the complete delineation report dated July 7,2023, and attached to the Water Resource Specialist's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving wetland delineation for Dakota Ridge School located at 4629 144th Street W., as attached to the Water Resources Specialist's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Full and Final Waiver and Release of Claims Agreement for Project 2023-132, Valleywood Reservoir Warranty Painting, 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, accepting the recommendation of outside legal counsel (Super Law Group, LLC, Weitz& Luxenberg, P.C., and Zimmerman Reed, LLP) regarding coal tar sealant litigation, as described in the City Administrator's memo. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, approving the Professional Services Agreement for Subsurface Sewage Treatment System(SSTS) inspection services with Advanced Septic Solutions, Inc., 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 2023 Education Partnership Building Vehicle Impact Repair with Giertsen Company of Minnesota, Inc., in the amount of$6,485.22, 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 Energy Efficiency & Conservation Block Grant(EECGB) submission support with Pale Blue Dot, LLC, in an amount not to exceed $5,150.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving a five-year lease agreement for Taser 10 Electronic Control Device from Axon Enterprise, Inc., in the amount of $54,459.60 annually, and authorizing the Chief of Police to sign the same. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving Change Order No. 9 for Apple Valley Station#2 and Improvements to #1 & #3, with various contractors for a total amount of$17,613.46. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving Change Order No. 2 to the agreement with Leibold Irrigation, Inc., for Project 2022-124, Valleywood Golf CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 2023 Page 3 Course Improvements and Irrigation System, in the amount of an additional $6,072.00. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, approving Change Order No. 1 to the agreement with Legacy Meadows, in the amount of an additional $300.00; and accepting Project 2023-125, 2023 Ash Tree Removals, as complete and authorizing final payment in the amount of$3,300.00. Ayes - 5 -Nays -0. MOTION: of Melander, seconded by Bergman, approving Change Order No. 2 to the agreement with Johnson Laffen Galloway Architects, Ltd., in the amount of an additional $8,000.00, for professional services relating to Facility Master Planning as complete and authorizing final payment in the amount of$9,540.00. Ayes- 5 - Nays - 0. MOTION: of Melander, seconded by Bergman, accepting Professional Services relating to Aquatic Facility Master Planning, as complete and authorizing final payment on the agreement with Johnson Laffen Galloway Architects, Ltd., in the amount of $1,960.00. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, accepting Project 2023-102, 2023 Utility Improvements, as complete and authorizing final payment on the agreement with BKJ Land Co. II, Inc., in the amount of$950.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, accepting Project 2023-103, 2023 Micro Surfacing, as complete and authorizing final payment on the agreement with Fahrner Asphalt Sealers, LLC, in the amount of$60,641.86. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated September 28, 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the claims and bills, check registers dated September 6, 2023, in the amount of$1,007,892.17, and September 13, 2023, in the amount of$1,827,470.04. Ayes- 5 -Nays - 0. END OF CONSENT AGENDA PROCLAIM"FIRE PREVENTION WEEK" Fire Chief Nelson read the proclamation proclaiming October 8-14, 2023, as "Fire Prevention Week". MOTION: of Goodwin, seconded by Grendahl, proclaiming October 8-14,2023, 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- 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 2023 Page 4 Fire Chief Nelson noted the educational theme for 2023 is "Cooking safety starts with YOU. Pay attention to fire prevention.". 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 10 and at Fire Station No. 3 on October 12, and everyone is invited. FIRE STATION NO 2. Mr. Sharpe reviewed the request by the Apple Valley Fire Department for a vacation of drainage and utility easement and a final plat approval for Apple Valley Fire Department 2, located at 13995 Galaxie Avenue. Mayor Hooppaw called the public hearing to order, at 7:09 p.m.,to consider vacating the drainage and utility easement on Outlot D, Scott Highlands 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 7:10 p.m. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2023-127 completing vacation of all drainage and utility easement on Outlot D, Schott Highlands Third Addition, and authorizing the City Clerk to record the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2023-128 approving the final plat for Apple Valley Fire Department 2, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Lawell thanked Mr. Grawe and others who helped with Fall Clean-up Day last weekend. Police Chief Francis provided an update on school resource officers(SROs). Starting tomorrow morning, SROs will be back in the schools. They will look for legislative relief during the next session. Mayor Hooppaw noted there were four ribbon cuttings this week. He thanked all who participated. 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. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:16 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 2023 Page 5 Respectfully Submitted, r AaAt�' Pamela J. Ga et er'City Clerk Approved by the Apple Valley City Council on 1 O/12/23 Clint Hooppaw, Mayor