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Home My WebLink About11/09/2023 CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 9, 2023, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Melander. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, 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, 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 Goodwin, seconded by Melander, 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 Bergman, seconded by Melander, approving all items on the consent agenda with no exceptions. Ayes -4 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Melander, approving the minutes of the regular meeting of October 26, 2023, as written. Ayes - 4 -Nays - 0. MOTION: of Bergman, seconded by Melander, approving issuance of a new 2024 License to Sell Tobacco and Tobacco Products to MC2 Tobacco, LLC, d/b/a The Tobacco Shop..., 14638 Cedar Avenue, Ste. A, as described in the City Clerk's memo. Ayes -4 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2023 Page 2 MOTION: of Bergman, seconded by Melander,proclaiming November 25, 2023, as"Small Business Saturday"and urging the residents of our community, and communities across the country,to support small businesses and merchants on Small Business Saturday and throughout the year. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Melander, adopting Resolution No. 2023-138 amending the 2023 Fee Schedule. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Melander, adopting Resolution No. 2023-139 supporting the Draft 2024-2028 Capital Improvements Program for Dakota County. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Melander, appointing Malloy, Montague, Karnowski, Radosevich(MMKR) and Company, P.A., as auditors for fiscal years 2023, 2024, and 2025, at estimated costs of$46,000, $48,000, and $50,000, respectively, as described in the Finance Director's memo. Ayes- 4 -Nays - 0. MOTION: of Bergman, seconded by Melander, approving the reduction of financial guarantees for AV Ford Lincoln from $165,145.00 to $69,500.00, AV Commerce Center 2nd/Scannell from$378,259.00 to $10,000.00, Orchard Place 3rd Addition/Pulte (LOC S509604) from $174,541.00 to $50,000.00 and the release of financial guarantee for Orchard Place 3rd Addition/Pulte (LOC S509580), as listed in the Community Development Department Assistant's memo Ayes -4 - Nays - 0. MOTION: of Bergman, seconded by Melander, approving the reduction of the Natural Resources Management Permit financial guarantee for Johnny Cake Business Center from $54,235.00 to $8,000.00, as listed in the Natural Resources Technician's memo. Ayes-4 -Nays - 0. MOTION: of Bergman, seconded by Melander, approving the License Agreement for Retaining Wall Encroachment at 13077 Herald Circle (Lot 8, Block 1, of Palomino Hills 6th Replat), and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays- 0. MOTION: of Bergman, seconded by Melander, approving Change Order No. I I for Apple Valley Station#2 and Improvements to#1 & #3, with various contractors with no budget change. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Melander, approving Change Order No. I to the agreement with Ron Kassa Construction, Inc., in the amount of an additional $5,394.00; and accepting Project 2023-120, 2023 Concrete Removal & Replacement Services, as complete and authorizing final payment in the amount of$10,134.10. Ayes-4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2023 Page 3 MOTION: of Bergman, seconded by Melander, accepting Fire Station One Flammable Waste Tank Replacement as complete and authorizing final payment on the agreement with Drain Pro Plumbing, Inc., in the amount of$30,000.00. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Melander, accepting Project 2023-160, 2023 Parks Ash Tree Replanting for MN DNR Grant, as complete and authorizing final payment on the agreement with Hoffinan& McNamara Co., in the amount of$50,281.00. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Melander, accepting Project 2023-169, 142nd and Granite Sanitary Sewer Repair, as complete and authorizing final payment on the agreement with Kusske Construction Co., LLC, in the amount of$1,724.03. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Melander, adopting Resolution 2023-140 approving the City's contributions towards employee health/dental/life insurances for benefit- eligible non-union employees and elected officials covered by the Pay and Benefit Plan effective January 1, 2024, as described in the Human Resources Manager's memo. Ayes- 4 -Nays - 0. MOTION: of Bergman, seconded by Melander, approving the personnel actions as listed in the Personnel Report dated November 9, 2023. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Melander, approving the claims and bills, check registers dated October 18, 2023, in the amount of$813,679.76, and October 25, 2023, in the amount of$2,927,208.99. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA INTRODUCTIONS AND OATHS OF POLICE SERGEANT AND POLICE OFFICERS Police Chief Francis introduced newly promoted Police Sergeant David Engel to the Council. The City Clerk administered the oath of office to Sergeant Engel and his wife presented him with his badge. The Council congratulated Sergeant Engel and welcomed him to his new position. Police Chief Francis then introduced newly hired Police Officers Nicole Malecha, Justin Haugland, and Mitch Lunder to the Council. The City Clerk administered the oaths of office to the Officers. Individuals selected by the officers presented them with their badges. The Council congratulated Officers Malecha, Haugland, and Lunder and welcomed them to their new positions. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2023 Page 4 SIGN SETBACK VARIANCE Mr. Sharpe reviewed the request by Wings Mortgage for a 7 ft. sign setback variance for its building at 15025 Glazier Avenue. The Planning Commission reviewed the application on October 12, 2023, and unanimously recommended approval. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2023-141 approving a 7 ft. sign setback variance for Wings Mortgage, on Lot 1, Block 1, Apple Valley Commons 2nd Addition(15025 Glazier Avenue)to allow the sign setback to be 6 ft. instead of 13 ft.,with conditions as recommended by the Planning Commission. Ayes - 3 -Nays - 0 - Abstain- 1 (Hooppaw). COMMUNICATIONS Mayor Hooppaw noted that earlier this evening the City Council approved proclaiming November 25, 2023, as "Small Business Saturday". He also invited everyone to the Veteran's Day Program at the Apple Valley High School on November 10, 2023, beginning at 8:15 a.m. Councilmember Bergman thanked staff and the election judges for their work at the Special Election. He congratulated the community who took the time to vote and supported the park bond referendum. Lastly, he thanked Parks and Recreation Director Carlson and his staff for all .their efforts to educate the public about the bond referendum. CALENDAR OF UPCOMING EVENTS Mayor Hooppaw invited the public to attend the annual tree lighting at 6:15 p.m. on November 21, 2023. MOTION: of Goodwin, seconded by Melander, 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. CLOSE MEETING, LABOR NEGOTIATIONS AND PERFORMANCE EVALUATION Mayor Hooppaw requested a motion to close the meeting under the exceptions to the open meeting law to discuss labor negotiations and to conduct a performance evaluation. MOTION: of Bergman, seconded by Goodwin,to enter into a closed meeting and convene in closed session to discuss AFSCME and LELS union labor negotiations and to conduct a performance evaluation of the City Administrator. Ayes -4 -Nays- 0. The Council convened in the Regent Conference Room at 7:26 p.m. to discuss AFSCME and LELS union labor negotiations. In attendance were Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Melander; City Administrator Lawell; City Clerk Gackstetter; Human Resources Manager Haas; Parks and Recreation Director Carlson, Deputy Police Chief Dahlstrom, Police Chief CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2023 Page 5 Francis, Finance Director Hedberg; and Public Works Director Saam. The meeting was tape recorded as required by law. At 8:13 p.m. the Council continued its closed session in the Regent Conference Room to conduct a performance evaluation of the City Administrator. In attendance were Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Melander; and City Administrator Lawell. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:54 p.m. MOTION: of Goodwin, seconded by Melander, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 8:55 o'clock p.m. Respectfully Submitted, AmAa-j el a o� Pamela J. c st , City Clerk Approved by the Apple Valley City Council on l l f 2,l/23 Clint Hooppaw, Mayor