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Home My WebLink About10/12/2023 CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 12, 2023, 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 members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, City Engineer Anderson, Community Development Director Benetti, City Planner Bodmer, 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 Assistant Finance Director Rotz. 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 - 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. Mr. Randy Bailey, representing "YES 4 AV Parks", commented on the parks bond referendum. He said Apple Valley has a variety of amenities that make the City stand out. Some are getting old. He stands in favor of the parks bond referendum and improvements to the City's amenities. He encourages residents to cast a fully-informed vote at the November 7, 2023, Special Election. 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 September 28, 2023, as written. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2023 Page 2 MOTION: of Goodwin, seconded by Grendahl, approving issuance of a new 2024 Fuel Dispensing Facility Permit to AVR, LLC, 15497 Pilot Knob Road, as described in the City Clerk's memo. Ayes - 4 -Nays- 0. MOTION: of Goodwin, seconded by Grendahl, approving the addition of assumed name(or d/b/a) in connection with the On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales for AV Hospitality SBC, located at 14521 Granada Drive, adding Patriots Restaurant& Bar as its assumed name. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2023-129 establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code. Ayes -4 -Nays- 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No.2023-130 declaring the balance of Tax Increment District No. 14 be sent to Dakota County for redistribution. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, declaring certain City vehicles and property as surplus; authorizing disposal of surplus City vehicles and property by a public sale; and approving the Agreement with Surplus Liquidation Auctions,LLC, for an online auction conducted through K-Bid, as attached to the Fleet/Building Supervisor's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the release of financial guarantees for Temp Homes, and reduction of financial guarantee for Lunds& Byerlys from $129,220.00 to $45,676.00, as listed in the Department Assistant's memo. Ayes- 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the release of Natural Resources Management financial guarantees for Texas Roadhouse Construction and Menard's Construction. Ayes - 4 -Nays- 0. MOTION: of Goodwin, seconded by Grendahl, approving the Joint Powers Agreement between Dakota County and certain cities,townships, and school districts in Dakota County for the provision of absentee voting administration services in 2024 and 2025, as attached to the City Clerk's memo and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Order Form Amendment for Debt and Lease Management Software-as-a-Service with Fifth Asset, Inc., d/b/a Debtbook, in the amount of$31,500 over three years, for a three-year extension of the agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2023 Page 3 MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 10 for Apple Valley Station#2 and Improvements to #1 & #3, with various contractors for a total reduction in the amount of$139.24. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting City of Apple Valley Residential Fall Clean-Up Day (Appliance, Scrap Metal, and Mattress Collection), as complete and authorizing final payment on the agreement with Certified Recycling, LLC, in the amount of$5,458.00. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting City of Apple Valley Residential Fall Clean-Up Day (Furniture and Remodeling Debris Collection), as complete and authorizing final payment on the agreement with Lightning Disposal, Inc., in the amount of$4,949.36. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 2023-141, 2023 Outdoor Pool Water Management, as complete and authorizing final payment on the agreement with Hawkins, Inc., in the amount of$28,125.00. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated October 12, 2023. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated September 20, 2023, in the amount of$847,831.92, September 27, 2023, in the amount of$1,224,811.12. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA PROCLAIM "WORLD POLIO DAY" Ms. Lindy Engelken and Ms. Tasha Wells, from the Apple Valley Rotary, were present. Ms. Engelken invited everyone to an End Polio Now chili feed and silent auction on October 22, 2023, from 2:00 p.m. to 5:00 p.m. at Cowboy Jacks. She then read the proclamation proclaiming October 24, 2023, as "World Polio Day. MOTION: of Grendahl, seconded by Bergman, proclaiming October 24, 2023, as "World Polio Day ". Councilmember Goodwin commented on the high number of polio cases reported in Pakistan and Afghanistan and questioned if there are other countries experiencing a similar problem. Ms. Engelken responded that those are the two countries where they are concentrating efforts for eradication. Vote was taken on the motion. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12,2023 Page 4 Mayor Hooppaw presented the Rotary Club of Apple Valley representatives with the"World Polio Day"proclamation. 2023 SPECIAL ASSESSMENT ROLL 689 Mr. Rotz reviewed the process used for the delinquent accounts. He then described Special Assessment Roll 689, originally totaling $151,034.26, for delinquent utility account charges. From the 407 delinquent accounts,the City has received several prepayments so far. The hearing notice was published according to law, and the Affidavit of Publication is on file. Mayor Hooppaw called to order the public hearing on Special Assessment Roll No. 689, at 7:13 p.m. He asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:14 p.m. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2023-131 approving and levying 2023 Special Assessment Roll No. 689, for delinquent utility account charges, in the original amount of$151,034.26, minus any prepayments. Ayes - 4 -Nays- 0. 2023 SPECIAL ASSESSMENT ROLL 690 Mr. Rotz described Assessment Roll No. 690,totaling $4,338.56, for delinquent tree removal. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. No written objections have been received and there have been no prepayments. Mayor Hooppaw called the public hearing to order at 7:16 p.m., on Special Assessment Roll No. 690. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:17 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-132 approving and levying 2023 Special Assessment Roll No. 690, for delinquent tree removal, in the amount of$4,338.56, minus any prepayments. Ayes -4 -Nays - 0. POLICE OPERATIONS BUILDING Ms. Bodmer reviewed the request by the City of Apple Valley for a drive aisle setback variance and a site plan/building permit authorization to construct a 25,000 sq. ft. Police Operations Building on Lot 1, Block 1, McNamara Apple Valley Addition, located at 14325 Flagstaff Avenue. The Planning Commission reviewed this item at its meeting on September 20, 2023, and found the proposed acquisition of property and the police operations building construction project are consistent with the City's 2040 Comprehensive Plan. The Planning Commission then voted unanimously to recommend approval of the project. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2023 Page 5 MOTION: of Grendahl, seconded by Bergman, accepting the Planning Commission Resolution No. 2023-01 finding the purchase of property and construction of the Police Operations Building is consistent with the 2040 Comprehensive Plan. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2023-133 approving a 15 ft. drive aisle setback variance, from 20 ft. to 5 ft., on Lot 1, Block 1, McNamara Apple Valley Addition(14325 Flagstaff Avenue),with conditions as recommended by the Planning Commission. Ayes -4 -Nays- 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No.2023-134 approving the site plan and authorizing issuance of a building permit for construction of a 25,000 sq. ft. Police Operations Building on Lot 1, Block 1, McNamara Apple Valley Addition(14325 Flagstaff Avenue),with conditions as recommended by the Planning Commission. Ayes -4 -Nays - 0. COMMUNICATIONS Police Chief Francis invited the public to the third annual Trunk or Treat at the Apple Valley Family Aquatic Center parking lot on October 28, 2023, from 11:00 a.m. to 1:00 p.m. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, adding Trunk or Treat to the calendar of events included in the Deputy City Clerk's memo and approving the calendar of upcoming events as amended, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes- 4 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin,to adjourn. Ayes-4 -Nays - 0. The meeting was adjourned at 7:33 o'clock p.m. Respectfully Submitted, o Pamela J. Ga ste er City Clerk Approved by the Apple Valley City Council on I0/26/23 Clint Hooppaw, Mayor