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Home My WebLink About2024/05/09 CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2024 Minutes of the regular meeting of the City Council of Apple Valley,Dakota County, Minnesota, held May 9, 2024, at 7:00 o'clock p.m. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, Assistant City Engineer Acosta, Community Development Director Benetti, Parks and Recreation Director Carlson, Deputy Police Chief Dahlstrom, Police Chief Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Fire Chief Nelson, 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 Bergman, adding item 4.W-Adopt Resolution Setting Public Hearing at 7:00 p.m. on June 13,2024, for Vacation of Easements over Lot 1, Block 1, Rosemount School District Addition(4629 155th Street W.)and Lot 2, Block 1, Rosemount School District Second Addition(14301 Diamond Path)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. 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 Grendahl,approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Grendahl, approving the minutes of the regular meeting of April 25, 2024, as written. Ayes-4 -Nays - 0 - Abstain- 1 (Melander). CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2024 Page 2 MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-77 accepting, with thanks,the donation of a memorial tree from the Mapston family for use by the Parks and Recreation Department. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to RVPE Foundation, for use on June 20, 2024, at Valley Middle School, 900 Gardenview Drive, and waiving any waiting period for State approval. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-78 approving issuance of a Gambling Premises Permit to Apple Valley Quarterback Club for premises at Blazin Wings, Inc., d/b/a Buffalo Wild Wings, 14658 Cedar Avenue, Ste. D, and waiving any waiting period for Minnesota Gambling Control Board approval. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl,approving issuance of a Temporary Event License in connection with a community festival to AV Hospitality SBC, d/b/a Patriots Restaurant& Bar, for use on June 28, 2024, outdoors at 14521 Granada Drive, as described in the City Clerk's memo. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No.2024-79 approving and levying Special Assessment Roll No. 691, for Project 2021-118, Applewood Pointe Roadway Improvements. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, approving the reduction of Natural Resources Management Permit financial guarantee for Applewood Pointe from $124,700.00 to $62,350.00, as listed in the Natural Resources Technician's memo. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the reduction of financial guarantee for Eagle Pointe from $3,813,785.00 to $250,000.00, as listed in the Department Assistant's memo. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, approving the out-of-state travel request for Councilmember Ruth Grendahl to attend the National League of Cities Summer Board and Leadership Meeting, as described in the City Administrator's memo. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the 2024-2025 Goal Setting Focus Session Summary, as attached to the City Administrator's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, receiving the Police Departments 2023 annual report. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2024 Page 3 MOTION: of Melander, seconded by Grendahl,proclaiming May 5 through 11, 2024, as "Professional Municipal Clerks Week"and further extending appreciation to our City Clerk, Pam Gackstetter and Deputy City Clerk's Stephanie Marschall and Jenae Marthey for the vital services they perform and their exemplary dedication to the City of Apple Valley, its residents, and businesses. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl,proclaiming May 19 through 25, 2024, as "Public Works Week" and encouraging citizens to acquaint themselves with the issues involved in providing public works services and programs and to recognize the contributions that public works employees make to the community. Ayes- 5 - Nays - 0. MOTION: of Melander, seconded by Grendahl, declaring certain City property as surplus; authorizing disposal of unclaimed property and surplus City equipment by a public sale; and approving the Agreement with Surplus Liquidation Auctions, LLC, an authorized vendor of K-BID,to conduct an online auction of unclaimed and surplus property, as attached to the City Clerk's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the revised Joint Powers Agreement with Dakota County and the City of Rosemount for Preliminary& Final Design Engineering, Right of Way Acquisition, Highway Construction, and Maintenance for Project 2022-128, Roundabout at Diamond Path& 140th Street W., and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Professional Services Agreement with Fred Kolkmann Tennis& Sport Surfaces, LLC, for design, preconstruction, and inspection services for Project 2024-153, Pickleball Court Expansion at JCPRW, associated with the 2023 Parks Bond Referendum, in the amount of$45,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the payment to Dakota Electric Association for Project 2024-154, Bury Overhead Powerlines at Hayes Park/Westview Elementary, associated with the 2023 Parks Bond Referendum, in the amount of$246,586.25. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, approving the Agreement for FD Maze System Installation only, with Berriochoa Construction, Inc., in the amount of $18,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2024 Page 4 MOTION: of Melander, seconded by Grendahl, approving Change Order No. 19 for Apple Valley Fire Station#2 and Improvements to#1 & #3,with various contractors for various amounts. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, accepting Energy Efficiency & Conservation Block Grant(EECBG) Submission Support, as complete and authorizing final payment on the agreement with Pale Blue Dot, LLC, in the amount of$1,464.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated May 9, 2024. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl,to pay the claims and bills,check registers dated April 17, 2024, in the amount of$1,930,675.91, and April 24, 2024, in the amount of$1,684,117.49. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-80 setting a public hearing, at 7:00 p.m.,on June 13, 2024,to consider vacating easements on Lot 1, Block 1, Rosemount School District Addition, and Lot 2, Block 1, Rosemount School District Second Addition. Ayes- 5 -Nays-0. END OF CONSENT AGENDA PEACE OFFICER'S MEMORIAL DAY AND POLICE WEEK PROCLAMATION Deputy Police Chief Dahlstrom introduced this item. Mayor Hooppaw then read the proclamation proclaiming May 15, 2024, "Peace Officer's Memorial Day"and May 13-17, 2024, as "Police Week"in the City of Apple Valley. MOTION: of Goodwin, seconded by Grendahl,proclaiming May 15, 2024, "Peace Officer's Memorial Day" and May 13-17,2024, as"Police Week" in the City of Apple Valley, and inviting residents to honor fallen police officers. Ayes - 5 -Nays-0. INTRODUCTION OF PROMOTED SERGEANT AND NEW POLICE OFFICERS Police Chief Francis introduced recently promoted Police Sergeant Sean Marben. The City Clerk administered the oath of office. Police Sergeant Marben's father pinned his badge. The Council congratulated Sergeant Marben on his promotion. Then,Police Chief Francis introduced newly hired Police Officers Jacob Kurschner and Nick Swanson. The City Clerk administered the oaths of office to the Officers. Individuals selected by the Officers pinned their badges. The Council congratulated Officers Jacob Kurschner and Nick Swanson and welcomed them to their new positions. CITY OF APPLE VALLEY Dakota County, Minnesota May 9,2024 Page 5 2024 SPECIAL ASSESSMENT ROLL 693 -UTILITIES Mr. Rotz described Assessment Roll No. 693,totaling $160,684.99, for delinquent utility accounts. He stated the charges for PID 01-03400-76-020, for Pahl's Market, are being removed from this assessment roll. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. One written objection was received from the property owner of PID 01-32150-01-171. With the removal of the first account,the assessment roll now represents 378 utility billing accounts. The revised total following prepayments is $129,933.08. Mayor Hooppaw called the public hearing to order, at 7:21 p.m., on Special Assessment Roll No. 693. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:22 p.m. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-81 approving and levying 2024 Special Assessment Roll No. 693,delinquent utility accounts, in the original amount of$160,684.99, and revised to $155,059.36,minus any prepayments. Ayes- 5 -Nays- 0. 2024 SPECIAL ASSESSMENT ROLL NO. 694 Mr. Rotz described Assessment Roll No.694,totaling $371.38, for delinquent diseased 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 7:23 p.m., on Special Assessment Roll No. 694. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:24 p.m. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2024-82 approving and levying 2024 Special Assessment Roll No. 694, for delinquent tree removal, in the amount of$371.38, minus any prepayments. Ayes- 5 -Nays - 0. APPLEWOOD POINTE OF APPLE VALLEY SECOND ADDITION Mr. Sharpe reviewed the request by United Properties Residential, LLC, for an ordinance amendment, a subdivision by preliminary plat, and a site planibuilding permit authorization for seven single-family residential units on a site located on the northeast corner of Pilot Knob Road and McAndrews Road. The requests are for the second phase of Applewood Pointe. The Planning Commission held a public hearing on April 17, 2024, and on May 1, 2024,voted unanimously to recommend approval. Councilmember Goodwin commented on the speed limit along that stretch of McAndrews Road. CITY OF APPLE VALLEY Dakota County, Minnesota May 9,2024 Page 6 MOTION: of Goodwin, seconded by Melander, waiving the procedure for a second reading and passing Ordinance No. 1129 amending Chapter 155 Appendix F,Article A39, of the City Code regulating Planned Development Designation No. 1080, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2024-83 approving the subdivision by preliminary plat of Applewood Pointe of Apple Valley Second Addition,with conditions as recommended by the Planning Commission. Ayes - 5 -Nays- 0. MOTION: of Bergman, seconded by Melander, adopting Resolution No. 2024-84 approving the site plan and authorizing issuance of building permits for seven single-family residential units on Lots 1-7, Block 1, Applewood Pointe of Apple Valley Second Addition, with conditions as recommended by the Planning Commission. Ayes- 5-Nays- 0. COMMUNICATIONS Mr. Lawell congratulated Deputy City Clerk Stephanie Marschall on earning her Certified Municipal Clerk or CMC certification from the International Institue of Municipal Clerks. He also congratulated Police Chief Francis on receiving his honorary Doctor of Law degree from Concordia University. A short video was played of Chief Francis receiving his medallion,hood, and diploma. Mayor Hooppaw noted that in addition to Police Week and Professional Municipal Clerks Week, the Council also proclaimed May 19-25, 2024,as Public Works Week. He then read an excerpt from the"Public Works Week"proclamation, and thanked Public Works staff for all they do too. Mr. Lawell congratulated Mayor Hooppaw, Charles Grawe, and the communications team on the good job they did on the State of the City. He noted that it was a good story to tell and can be viewed on the City's YouTube channel. Councilmember Grendahl reminded everyone that at the State of the City the Mayor announced that Nordstrom Rack is coming to Apple Valley. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, 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 - 5 -Nays- 0. MOTION: of Bergman, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:45 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2024 Page 7 Respectfully Submitted, Pan u1—W 6 Pamela J. Gac(Jett4fity Clerk Approved by t Apple Valley City Council 2e on 2L4 Clint Hooppaw, ayor