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Home My WebLink About12/14/2023 CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 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, Parks Superintendent Endres, Police Chief Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Liquor Operations Director Heyne, Fire Chief Nelson, Assistant Finance Director Rotz, 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 Grendahl, seconded by Bergman, adding item 4.X -Approve Consent to Amended and Restated Easement and Maintenance Agreement for Eagle Pointe Apple Valley and Eagle Pointe Apple Valley 2nd Addition to the consent agenda, and 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. Mr. Bryce Wickstrom, Field Representative for AFSCME, Council 5, addressed the Council on behalf of 53 local members of AFSCME, Local 479. They want to bring to the Council's attention three matters of significant concern to their members and seek understanding and support as they navigate these issues in preparation for on-going contract negotiations and mediation,which is scheduled in January. The issues are: 1)the escalating cost of health care, 2) a request for flexible but fixed work schedules, and 3)employee retention and wages. They are hopeful to proactively address concerns, find common ground, and build a stronger partnership. He asked for the Council's help in resolving these matters. Mayor Hooppaw said he appreciates the comments,but even more, he appreciates all the work the employees do. He thanked everyone for coming to the meeting. 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. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2023 Page 2 MOTION: of Melander, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Goodwin, approving the minutes of the regular meeting of November 21, 2023, as written. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving issuance of a new 2024-2025 License to Sell Tobacco and Tobacco Products to Hidalgo Market Bakery AV, LLC, d/b/a Hidalgo Market Bakery, 14851 Granada Avenue, as described in the City Clerk's memo. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving renewal of the licenses to Sell Tobacco or Tobacco Products for 2024-2025,per the list attached to the City Clerk's memo, subject to receipt of the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving a change in officer for Blazin Wings, Inc., d/b/a Buffalo Wild Wings in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14658 Cedar Avenue, Suite D, naming John Frederick Bowie as President, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving renewal and issuance of On-Sale and Off-Sale 3.2 Percent Malt Liquor Licenses for 2024,per the list attached to the City Clerk's memo, subject to receipt of the necessary documents. Ayes- 5 - Nays- 0. MOTION: of Melander, seconded by Goodwin, setting the 2024 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month unless the following Friday is a holiday, as listed in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, setting a special informal City Council meeting, at 8:30 a.m., on April 5, 2024, at Valleywood Golf and Events,4851 McAndrews Road, for the purposes of goal setting. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1126 amending Planned Development No. 703 with minor text amendments. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the release of Natural Resources Management Permit financial guarantees for Panchero's Restaurant Construction, and Orchard Place Townhomes Grading, as listed in the Natural Resources Technician's memo. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2023 Page 3 MOTION: of Melander, seconded by Goodwin, approving the release of financial guarantees for Applewood Pointe Encroachment Agreement, and the reduction of financial guarantees for Orchard Place/Rockport Area A Mixed-Use Campus from $1,378,616.25 to $145,425.00, Orchard Place 2nd Addition from$800,000.00 to $773,000.00, Woodwinds 8th Addition from$517,100.00 to $78,786.88 and the, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-178 approving the application for fiscal year 2024 Community Development Block Grant(CDBG) Funding. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-179 extending approval of the site plan and building permit for Central Maintenance Facility Expansion Project, located at 6442 140th Street W. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-180 extending approval of variances for Central Maintenance Facility Expansion Project, located at 6442 140th Street W. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin,approving the Right of Entry and Waiver of Trespass with Independent School District No. 196, for Lot 1, Block 1, Westview Elementary School, as attached to the Parks and Recreation Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving Schedule A -Revision to Service Agreement with Target Solutions Learning, LLC, d/b/a Vector Solutions for Fire Department's record management software, as attached to the Fire Chief s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Joint Powers Agreement for in-lake projects on Alimagnet, Lac Lavon, and Keller Lakes with the City of Burnsville, as attached to the Water Resources Specialist's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the License Agreement with Independent School District No. 196 for Apple Valley High School Turf Field Accessory Building, on Lot 1, Block 1,Apple Valley High School (14450 Hayes Road), as attached to the City Planner's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving the Community Waste Abatement 2024 Grant Agreement with Dakota County and the Cities of Apple Valley, Burnsville, Eagan and Lakeville, d/b/a Dakota Valley Recycling, as attached to CITY OF APPLE VALLEY Dakota County, Minnesota December 14,2023 Page 4 the Assistant City Administrator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 2 to the agreement with Pro-Tec Design, Inc., for FS2 - Card Readers and Cameras, in the amount of an additional $4,752.00. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 12 for Apple Valley Station#2 and Improvements to #1 &#3, with various contractors in various amounts. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 1 to the agreement with Minnesota Dirt Works, Inc., with a deduction of$2,825.00; and accepting Project 2021-120, Lac Lavon Park Storm Water Improvements as complete and authorizing final payment in the amount of$46,148.00. Ayes- 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting 2023 Education Partnership Building Vehicle Impact Repair, as complete and authorizing final payment on the agreement with Giersten Company of Minnesota, in the amount of$6,485.22. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting Project 2023-173, Protective Driving Range Netting, as complete and authorizing final payment on the agreement with Net Construction, LLC, in the amount of$80,905.00. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated December 14, 2024. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin,to pay the claims and bills, on the check register dated November 15, 2023, in the amount of$1,731,394.45,November 22, 2023, in the amount of$1,353,578.10; and November 29, 2023, in the amount of $1,523,973.90. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving the Amended and Restated Easement and Maintenance Agreement with Eagle Pointe Villas Homeowners Association and Eagle Pointe Townhomes Homeowners Association for Eagle Pointe Apple Valley and Eagle Pointe Apple Valley 2nd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2023 Page 5 2024 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg presented the 2024 proposed budget and tax levy. He reviewed the changes since the preliminary budget, as well as the budget development process, budget climate, items of note, budget objectives and highlights. All properties in the City received mailed notice of the Truth-in-Taxation meeting and the notice included the proposed property taxes for 2024 based on preliminary budgets and tax levies approved in September. The impact of the property tax levy on the 2024 median valued home of$362,300,that experienced a 2.81%increase in market value, will result in the City's portion of property taxes increasing approximately $92 annually. The General Fund revenues and expenditures are $40,432,085. Mr. Hedberg stated the final property tax levy for 2024 is $34,744,000,which is an increase of 8.44%or$2,705,00 from 2023. He pointed out Apple Valley's budget includes funding for the annual street maintenance program and property owners are not specially assessed for these improvements. The entire budget is available on the City's website. Mr. Hedberg stated that if the Council does not complete the actions this evening, it can come back at the next meeting. The adopted levy must be certified to the Dakota County Auditor by December 31, 2023. Mayor Hooppaw opened the public comment portion of the Truth-in-Taxation hearing at 8:10 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 8:11 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-181 approving setting the City tax levy collectible in 2024 at$34,744,000 and approving 2023 budgets with total revenue of$90,742,433 and expenditures of $98,412,395. Ayes - 5 -Nays- 0. LIQUOR FUND TRANSFER FOR 2023 Mr. Hedberg introduced this item. He provided background information on transfers from the Liquor Fund to the General Fund and listed the various equipment purchased with the transferred funds. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-182 approving the transfer of$700,000.00 from the Liquor Fund to the General Fund and $150,000 from the Liquor Fund to the Valleywood Golf Fund for 2023. Ayes -4 -Nays - 1 (Grendahl). 2024 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. The fees would be effective January 1, 2024. She noted the proposed rates more accurately reflect the City's costs. Some changes were also recommended as a result of increased fees being charged the City and some were increased according to the Consumer Price Index. No comments from the public have been received regarding the proposed changes. CITY OF APPLE VALLEY Dakota County,Minnesota December 14, 2023 Page 6 Mayor Hooppaw called the public hearing to order at 8:16 p.m. to consider the Fee Schedule which sets fees and charges for various products and services effective January 1, 2024. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:17 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-183 approving the 2024 Fee Schedule,by adjusting certain fees and charges effective January 1, 2024. Ayes- 5 -Nays - 0. COMMUNICATIONS Mr. Lawell said the City is looking for individuals to work as election judges in 2024. Anyone interested can learn more and apply on-line by visiting the City's website. Mayor Hooppaw noted the City will no longer be using Greenleaf Elementary School as a polling location. Beginning next year Precinct 8 voters will vote at Heritage Lutheran Church. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, 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 9:22 o'clock p.m. Respectfully Submitted, a&ztt�� Pamela J. G k tei e City Clerk Approved by the Apple Valley City Council on 12/28/225 Clint Hooppaw, Mayor