[0:51] Mayor: [Music] quiet once 5 seconds. I know. All right. Good evening. I'd like to call this meeting to order for the May 8th, 2025 Apple Valley City Council meeting. If you have signed up to speak or your items on the agenda, please approach the podium to address the council. With that, the first item on our agenda is the pledge of allegiance. And I'd ask everyone to rise and join us in the pledge. I aliance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. Right. The next item on our agenda is to approve the agenda. And Tom, I know we have a couple changes this evening. [1:39] Tom (City Administrator): Yes. Good evening, Mr. Mayor. Members of the council, we do have two recommended changes to your agenda tonight and they're both updated items. One is item 4U on your consent agenda. That's the personnel update. And then the other one is item seven, which is your updated calendar of upcoming events. [1:56] Mayor: Great. Thank you. With those changes, do we have a motion to approve? [1:59] Council Member Grenle: So moved. [2:00] Council Member Heert: Second. [2:01] Mayor: Motion from council member Grenle, a second from council member Heert. All those in favor indicate by saying I. [2:04] Council Members: I. [2:05] Mayor: And opposed. All right. Agenda carries. The next item is our audience participation portion. We have a total of 10 minutes for this item and this is for items not on the agenda. And I know we have Randy Bailey who would like to speak. Randy, come on down. [2:24] Randy Bailey: Where's your horn, Randy? Got the light the light in the helmet. It's good. Safety. Greetings. I have three items tonight. First and foremost, thank you, mayor, city council, city officials for the job you're doing here in public service and serving our fair city. I've gotten to know several of you through various organizations and things like that and park and recre advisory especially over the past couple years, and I have yet to meet a single Apple Valley city official that is not dedicated, humble, and out 100% to serve the citizens of this community. It's really something. I think it's one of the neatest things we got going here in our town and not enough people get a chance to see that. So, above all, thank you. You guys are proficient beyond proficient. Second thing I have to talk about, this coming Tuesday, May 13th from 6:00 to 8 is the Apple Valley Spring Barbecue Bash sponsored by your local Apple Valley Rotary Club at Valleywood Clubhouse. It's Tuesday night. It's free. Did I mention it was free? Mhm. Free food, free drink, just a simple, social, fun evening with a bunch of really good people. And if you choose to buy a couple raffle tickets, maybe you win an ebike or something, that's on top of it. It's a neat event. Did I mention it was free? [3:37] Mayor: Is it free? [3:38] Randy Bailey: It's free. [3:39] Mayor: Does it cost anything? [3:40] Randy Bailey: It costs very little, mayor. Very little. Um, and also, uh, not many people know about this, but we just we added some entertainment to the event. Um, the winner of the 1988 Belmont, Iowa comedy contest, Mr. Tim Bernetti, has been booked and he will be reprezing his routine from that winning night in the Belmont, Iowa City Comedy Contest. So, thanks to Tim for being there. Oh, that was my Rotary hat that I had on. Now it's gone. Next item, Rick's bike sale. Our 17th annual is this coming Saturday. You've got flyers on your desk in front of you. Uh we will have over 530 bikes refurbished for sale. We're a bunch of folks here in town that take donated bikes, refurbish them, don't pay ourselves anything. That's how we can donate over 95% of the proceeds, nearly $600,000 so far. The two local nonprofits, Kids and Kinship, supporting kids who need a mentor and darts, seniors who need some engagement in their community. So we've over six just close to 600,000 we've donated. It's our 17th annual sale. We are the biggest bike shop in the world. We're confident of and it's happening right here in our fair city. So folks, stop on by. Even if you're not in the mood for a bike, come on by cuz it's it's the happiest day on earth this Saturday 10 to 2 nearby. Um what else? I guess that's it. Thanks folks. [5:04] Mayor: Thank you. I would say, Randy, the bikes that you will leave with, okay, are used bikes, but they are tuned, ready to go, and safe to ride down the road, you can uh confidently pedal your way away from there. [5:22] Randy Bailey: Yes, Mayor. Unlike Craigslist clunkers or Facebook freaks or rust bucket garage trash, our bikes are all cleaned, lubricated, adjusted, ready to ride with mechanics on site to do any customization you need. And they're cheap because they're used. [5:37] Council Member Milander: Great. Thank you. Council member Melan, just quickly, I've bought at least a half a dozen bikes from Rick over the years. Yeah, Tom, you're a great friend. For our grandkids as they grow up and out of one and into the other, and then I donate them back again when they're done with them and recycle them. [5:54] Randy Bailey: So, cycle there are some bikes that have come through us four times. [5:58] Council Member Milander: Put a little notch on the frame so you know when they come back. [6:00] Randy Bailey: We know. Thanks, folks. [6:02] Mayor: Thank you, Randy. Thanks for all you do and your time on the on the park and rec committee, too. I still want to see a unicycle. Please don't crash. All right. I just want to I'm waiting to hear the crash, but I think we'll be okay. All right. The next item on our agenda is our consent agenda and and council member Heert, I know you wanted to pull four and discuss that one separately. [6:28] Council Member Heert: Yes, if you can pull four, I'd appreciate that. [6:31] Mayor: We will do that. Are there any other items to pull, council members? Uh citizens, any items to pull? Our consent agenda are are considered routine and will be enacted with a single motion uh with the exception of 4F. We'll take that one at the beginning of our regular agenda. So are there is there a motion to approve the consent agenda? [6:52] Council Member Grenle: So moved. [6:53] Council Member Milander: Second. [6:53] Mayor: Motion from council member Grandal, a second from council member Milander. All those in favor indicate by saying I. [6:57] Council Members: I. [6:58] Mayor: Opposed. Consent items carry. That will move us on to our regular agenda. Um and we will start with item 4F from consent. And uh Sam, do you want to come forward and just introduce this one? [7:05] Samantha Berger (Natural Resources Coordinator): Happy to do so, Mr. Mayor. Council members. So the item 4F is a voluntary assessments for disease tree removal on private property. So we prepared a few slides, so we'll just kind of go through that just to introduce the program. So I'm Samantha Berger. I'm the natural resources coordinator with the city. So it's kind of a summary of the program. Um, removal of diseased or hazard trees is enforceable by the city under our city ordinance 152.45. That's our shade tree disease regulation. And we recognize that tree removal can be expensive and cost prohibitive for some residents. So, this city program will provide an assessment program to homeowners who wish to defer their removal costs to their tax statement. The program details. So, if a homeowner voluntarily chooses to have the city pursue a removal, they would be required to um sign a consent and waiver agreement. And this change would actually allow the process to occur without a public hearing or notice. The city would then obtain a quote, multiple quotes for removal. Um, historically, the city has also provided options for removal for a range of cost. For example, um perhaps maybe they're only removing the hazardous components of the tree or to keep the stump in place. And then we actually allow the homeowner to choose which option they want to pursue. This assessment would cover the cost of removal including labor and associated fees. In terms of the assessment details, so op own uh owners would have the option to repay the assessment over multiple years. There is an interest rate of 8% on the unpaid balance and then property owners can choose to pay that full amount within 30 days, but that would be interest free. Uh our city fee schedule does outline that there would be a $60 administration fee in addition to those total costs. And so depending on the total cost of the tree, there are some different years that we would assess over. So if the cost is um $750, it would be assessed over two years with that 8% interest rate. An example user. So this is an example of someone who actually utilized this program in the past. Um they had a hazardous silver maple. You can see here that um it has fallen. And so we did kind of go through different options for them for removal. Um just removing that hazardous component for instance or just cutting the stump um and not grinding it out. I think ultimately the homeowner did choose to go with the the most expensive option. So just want to note that there are some limitations of the program. So the overall cost to the homeowner may be more expensive especially because there's interest rates included. However, it does provide the homeowner to um have the option to pay over time. Uh, as noted, the city will obtain multiple bids for removal. However, it is possible that a homeowner still may be able to get a lower bid. Um, we do have a pretty competitive bid process and have worked with a number of contractors. So, we're hoping that we are can get them a good deal. Uh, budget impact. So, the budget impact would depend on the number of properties participating in the program. Um, the assessment costs would be levied on the individual properties and then the city would recoup all those removal expenses through the assessment process. Historically, there's been typically fewer than three properties who have participated in this program annually. With that, I'd open it up to any questions. [10:21] Council Member Grenle: Oh, sorry. Go ahead. Can you go back to the last slide there? So, when it says the budget impact will depend on the number of properties participating. What is our cost? [10:35] Samantha Berger: Our cost would mostly be staff time. [10:37] Council Member Grenle: Okay. We have upfront dollars we put out, right, and get them back over time. That would be the budget impact if any. So I'm just wondering why there would be limited number if it our cost. It says impact will depend on the number impact. So we're not talking financial. We're just Yeah. We're talking budget. So what does it what does it cost us? I mean why can't we do 5,000? What what does it cost us? [10:55] Samantha Berger: Staff time. Yeah. Yep. That would be staff time. [10:59] Mayor: Council member Grenle. [11:00] Council Member Grenle: But imagine if there's a capital use of capital cost in there as well. [11:06] Mayor: Well, we have to front the dollars, right? So, if you had 5,000 of them, where do we get the dollars up front that we're going to collect over time? Joe, come on up. You you had this did not this I'll introduce the fin assistant finance. This is a um this is something that came together through right through uh many of uh many coordinated staff positions. So, Joe was a big part of this and your team was. So, go ahead. [11:27] Joe (Assistant Finance): Yeah. So basically the cost will just be the staff time up front and then we'll recover the cost over one, two, three or four years depending how much it cost initially for the tree removal. So the cost will come back to the city. [11:41] Council Member Grenle: Yeah. So we really could do a 100 or Yeah. I you're really unlimited in a practical sense, right? So I just didn't know the limitation. But I think the other where it stopped like somebody's looking is it 50 or 100 or 200 or [12:03] Council Member Heert: Well, I was just gonna I I was just I wanted to pull this out and flag it. So, thank you Samantha and thank you Taylor for also being here and we have such great resources here at the city to help with, you know, understanding and managing and and support of keeping our tree and our tree canopy healthy. And I I just thought that this was a really great program because, you know, uh tree removal can be very expensive for homeowners and putting that cost out front. Um this is a a great option to help our residents, our property owners, um take care of their trees on their property um and reduce risks to their neighbors and and to other trees. So, I thank you for coming and sharing more about this program. [12:44] Mayor: Yeah. with being able to assess it on the property, we there really is no risk because we would recoup it on a property sale right at the time of sale if a homeowner couldn't pay their taxes or couldn't pay the assessment. So, we really have not a lot of risk in this. All right. Are there any other questions? If not, I would like to ask for a motion to approve the program for voluntary assessments for diseased tree removals on private property. [13:02] Council Member Heert: So moved. [13:03] Council Member Milander: Second. [13:03] Mayor: Motion from Council Member Heert, a second from Council Member Mander. All in favor indicate by saying I. [13:10] Council Members: I. [13:11] Mayor: Opposed. All right, that carries and thank you. Thank you. All right, that brings us to item 5A on our regular agenda and that is a proclamation for mental health awareness month. I thought we would have John from NAMI here to talk about this, but I don't see him. So, we're just going to roll with it here. Um, I got to get the right one here in front of me. Bear with me one second. So May is May is National Mental Health Awareness Month. We occasionally get requests from citizens and other interested parties to to uh bring proclamations forth to add some awareness to these items. Christina looks confused over there. Can we good? [13:58] Christina (Staff): You're sorry, mayor. We're good. This the information on the screen is incorrect and so that was my face but gotcha. [14:04] Mayor: I just want to make sure we um as you if you saw him in the lobby or something, I wanted to make sure we got him. So, so we we had a request for mental health awareness month. We're happy to do this. You know, ironically, we spent some time in the informal talking about uh the importance of just mental health awareness within our own police officers and that kind of thing as well. So, a little kind of little convenient tie in there. Um so, I'm going to go ahead and read the proclamation. And it says, "Whereas May is recognized as mental health awareness month, a time to raise awareness about mental health issues, confront discrimination, and promote understanding and resources for individuals living with mental health conditions. And whereas mental health conditions are treatable and recovery is possible with access to appropriate care support and resources. And whereas 988 988 is a critical resource in our community to help people struggling with their mental health." and that is the phone number folks can call just so we're clear on what 988 is. Whereas mental health awareness encourages us to take care of our own mental health and to reach out to friends and family who may be struggling. And whereas we strive to create a culture of care that connects physical health with mental health and treats mental health care as a right. And by highlighting the importance of mental health, we empower individuals to seek support, find hope, and create lasting change in their lives. And whereas we want people to know that you are not alone. that even through challenging time there is hope. Now therefore the city council of the city of Apple Valley Dakota County, Minnesota does here I proclaim the month of May 2025 as mental health awareness month. We have a motion to approve the proclamation. [15:37] Council Member Grenle: So moved. [15:38] Council Member Heert: Second. [15:38] Mayor: Have a motion from council member Grenle and a second from council member Heert. All those in favor indicate by saying I. [15:47] Council Members: I. [15:48] Mayor: And opposed. That one carries unanimously as well. and we will move on to 5B. And I think uh Ch Deputy Chief Dalstrom is gonna kick us off on this one. [15:59] Deputy Chief Dahlstrom: Mr. Mayor, council members, uh thanks again for giving us a few more moments of your time to recognize uh law enforcement memorial day here in the in the state of Minnesota and the broader police week. uh as the chief mentioned earlier in the informal meeting uh police week and specifically police memorial day are really meaningful to us uh especially after uh the 2024 that that we had in our community. We lost five police officers in the line of duty in that year. Um and that's five agencies, families, communities that are impacted by the loss of those officers. So we truly appreciate uh your support and we truly appreciate uh you recognizing uh police week and especially police memorial day. Thank you. [16:47] Mayor: With that, I will read the proclamation. Whereas, President John F. Kennedy declared the first Peace Officers Memorial Day on May 15th, 1962 to honor the service and sacrifice of fallen officers. And whereas the Apple Valley Police Department has provided professional and compassionate service to this community since 1964. And whereas police officers work under difficult and dangerous conditions regularly. And whereas peace officers are assaulting assaulted and killed in the line of duty at an unacceptable rate across Minnesota and the nation. And whereas the community of Apple Valley continues to honor and support their police department. Now therefore, the city council of the city of Apple Valley, Dakota County, Minnesota, hereby proclaims May 15, 2025 as Peace Officers Memorial Day and May 12th through the 16th, 2025 as Police Week in Apple Valley. And we invite the residents of our community to honor the fallen police officers and recognize the service given by the men and women who night and day stand guard in our midst to protect us. Proclaim this 8th day of May, 2025. We have a motion to approve the proclamation. [17:58] Council Member Milander: Second. [18:02] Mayor: Motion from council member Mander, a second from council member Grenle. All those in favor indicate by saying I. [18:08] Council Members: I. [18:09] Mayor: That item passes and thank you all for all you do. All right, we are on to item 5C. Just to adopt a resolution approving a site plan and building permit authorization of the Apple Valley Villa Casia expansion for development of the transitional care facility on lot 2, block one, Apple Valley 4. That gave Jennifer enough time to make her way up here. So perfect. All yours. Take us away. [18:29] Jennifer (Planner): I did. Thank you, Mr. Mayor, members of the council. Uh before you this evening is a request for uh the expansion uh at the Apple Valley Village uh property. And I'm gonna try to get There we are. Too many over or someone's going to do it for me, which is great. Um, so uh the request this evening is for a site plan uh and building permit authorization. Uh the request includes a new 60 unit 64 bed uh skilled nursing facility or transition care unit project. Uh the proposed project is part of the larger campus and actually includes the connection to the skilled care center which is directly to the north of the facility. Uh there is some shared uh sort of common areas that would connect those two structures. Uh and so in this case we've got a parking lot that would serve both facilities. There's a walkway between which is enclosed uh to be proposed and then also a core share uh which is a a fancy way of saying canopy for when folks are dropped off at the transition care unit. Uh so because of some of those shared improvements and because they happen to encroach over the property line. Uh there is actually some language within uh the resolution this evening that addresses that by uh having a private easement agreement that would go between those two structures to ensure that those improvements remain with the property. Uh in terms of the site location, I'm sure you're all familiar with where this campus is, but essentially it is located in the northeast corner of Garrett Avenue and 147th Street West. It is directly south of where that skilled uh care center is located. Uh and uh there's also some senior apartments that it's connected to. Uh in terms of the zoning, it is currently within a planned development district which is 290. Uh that PD 290 includes a mix of limited businesses. There's certain retail businesses. uh the medical uses that are accompanying this particular project are also identified within uh that PD zoning designation. With respect to the dimensional standards, you can see here by this table uh that there are several minimum lot standards uh dimensional standards, coverage standards, etc. With respect to the proposed project, it is on a fairly large parcel uh that exists today that is vacant and obviously uh because it is so large, it does comply uh and meets all of those dimensional standards. Here is uh the site plan that they are proposing. Uh you can see based on this how uh some of those new improvements actually connect to the property uh and the building that is on the north. You can also see where some of those new uh driveways are located coming off Garrett and then also the reconfiguration of the parking. Uh the building itself is approximately 63,000 square ft. As I said, there are approximately 60 units. There are 64 beds. So there are some that have the double uh beds. There's private and split double units that will accompany or be or designed as part of this project. Uh there are some common uh improvements including a commercial kitchen, dining room, PTO room, nurses station, office space, and then obviously the central courtyard which you can also see on the site plan. Uh there are two access driveways that would provide uh ingress and egress into this uh project. Uh one being that new southerntherly connection. That southerntherly connection is intended to be more of a service road for uh you know deliveries, garbage pickup, etc. uh with the main access remaining where it is currently located to uh access the current uh skilled care facility that is directly to the north. Uh you can see on the aerial here or the site plan that the co-share port koshare uh is on the north uh facade of the of the new building. Uh that is where drop offs would occur. So as folks are transported to the transition care unit uh they are covered as we all know although not today. uh we sometimes have snow which is not overly great when you're bringing patients in or when guests are coming. Uh and then same same principle. While once again we might love to be outside today, maybe not when it's 10 below. Uh and so that enclosed walkway between the transition care unit and the skilled care uh center. Uh you can see as sort of a narrow connection between those two facilities. Uh the applicant did provide a grading plan and utility plan. Uh your city engineering department has reviewed those. Uh there are some comments in their staff report which is attached to uh the staff report this evening. Uh that does have some conditions etc as they progress through uh final building permit uh stage. With respect to the elevations, uh you can tell by uh the drawings here that there is a variety of materials uh some undulation uh fenistration and break up uh to ensure that we've got four-sided architecture. Uh you can also see in the upper right hand corner the canopy elevation which is also the port co share identified on the site plan. Uh here are the links that uh would be the walkways or the covered walkways that connect the two facilities. Uh once again it's integrating the architectural proposed structure with the existing structure using similar colors and materials to make that connection. With respect to the materials they're uh proposing a mix uh of uh metal fascia fiber cement panels and then uh some architectural face brick. Obviously for those of you that are familiar with the facility uh this is a very similar material pallet uh as to what exists out there today. uh but slightly modernized obviously to try to create a cohesive campus. I believe those buildings were built sometime back in the 80s and 90s. So this is a slightly updated version but certainly integrates from an architectural perspective uh it into a campus. Uh with respect to the landscape plan uh like all uh facilities uh there is a 2 and a half% of means construction value in terms of the landscaping that needs to be provided here. Uh once again in this case we know that we've got a fairly large um site uh and there may be improvements in the future for future phases. So you can see that the the landscaping in this case does primarily surround the building the new entrance uh and does leave a lot of that open space intact likely because there may be a future phase uh of the medical campus. So with that uh that is an overview of the project. Uh we are recommending uh that you adopt the resolution for uh the site plan authorizing the issuance of the building permit for the expansion uh for the development of the transition care unit on lot 2, block one, Apple Valley commercial fourth edition with the conditions that are noted within the resolution. So with that, Mr. Mayor, I'm happy to answer any questions you might have. Thank you. [25:52] Mayor: Questions? Anyone? Go ahead. [25:53] Council Member Milander: Yeah. I Can you pull up the landscape plan real quick again? So, the the south the the southern access driveway, it looks like you're putting back a few trees in there. Um, is there any possibility of adding just a few more? It sounds like that's a lot of delivery entrance and things like that. Um just wondering if there's more consideration for maybe putting some additional trees um just kind of to add to that buffer of a more of that that service entry. [26:15] Jennifer (Planner): Sure. I I think that's something that certainly could be reasonable in terms of the applicant. I know I think some Yep. I I see heads shaking. So um again I I I can certainly appreciate why that might be a great idea and it sounds like if uh if I'm reading it correctly that the applicant would be open to that. [26:41] Council Member Milander: Okay. Thank you. Great. [26:43] Mayor: Thank you. Any other questions? If not, um, do you want to just put the motion back up so we can see it again? Thank you. U, you read that very nicely. We're looking for a resolution adopting a site plan and authorizing issuance of the building permit for the Apple Valley Village expansion for development of a transition care unit facility on lot 2, block one, Apple Valley commercial, fourth edition with the conditions as noted in the resolution. [27:10] Council Member Grenle: So moved. [27:11] Mayor: We have a motion from council member Grenle. Do we have a second? Second from council member Mander. All those in favor indicate by saying I. [27:18] Council Members: I. [27:19] Mayor: Opposed. That carries. Thank you. Nice job on that one. Uh we're now on to Kelly Park Improvements and Sydney's going to take this one. [27:32] Sydney (Planner): Good evening, mayor and council members. Tonight I will be presenting to you the request for a couple of variances as well as a site plan and building permit authorization for improvements at Kelly Park. Specifically tonight, we will be considering the following: A resoning of Kelly Park from plan development 739 to P institutional. Uh a couple of variances to reduce building setbacks along streets for a band shell structure along Galante Lane and Forino Street. A variance to reduce building setbacks along streets for a restroom and pavilion in structure along 152nd Street. Variances to reduce parking setbacks along public streets along Foliage Avenue, 152nd Street and Forino Street. And then lastly, site plan building permit authorization for the construction of those structures and other improvements at Kelly Park. Um there previous requests and actions related to Kelly Park have been reviewed by both the planning commission and the city council. The planning commission reviewed and recommended approval of the reszoning of Kelly Park from plan development 739 to the institutional zoning district in March of 2024. Um and then additionally, the planning commission reviewed the request for the variances in the site plan and building permit authorization um on April 16th of 2025. And then additionally, city council approved the vacation of drainage and utility easements and the approval of the Kelly Park final plat in July of 2024. Kelly Park is located at 6855 Forino Street and is within the central village area of Apple Valley. Currently, it is zoned plan development 739 with the proposed resoning of the uh institutional zoning district. The reason to request the reszoning is because uh most if not all city parks are zoned P institutional. So this would be consistent with other city parks. And then additionally, the current zoning of PD739 does allow for some commercial and housing uses within the park subzone. Um, so the resoning request would just be to go to the institutional zoning district to be more consistent with with other parks in the city. The site plan uh has been reviewed based on the institutional zoning district requirements. Um, so with that uh we show the bandell structure in this southwest corner of the existing park. Uh the setback requirements in the institutional district have specific setbacks for along public streets and with that the band shell structure would need a couple of variances along Forino and Galante. The restroom structure to the north uh would be located in the area of the current restroom and again that with the resoning would need a variance from 152nd Street. Um, below the restroom, this would be the location of the new splash bat equipment. And then just south of that would be the location of new playground equipment. To the very east of the site would be the expansion of the current parking lot. And again with that in the resoning um, and the expansion of the parking lot would be variances requested from Foliage Avenue, 152nd Street, and then Forino Street as well. Oh, and additionally for parking, um I'm sure most people are aware, but the site tends to be under park, uh sorry, needs more spaces, especially in the summer when those events are held at Kelly Park. So, the expansion of the parking uh should help pretty well with that. Here's a colored site plan that just shows the landscaping a bit better, as well as the new amenities that would be added to Kelly Park. Um so as you are aware uh variances um are um reviewed per state statute as well as city ordinance for practical difficulties in the planning commission's review of the practical difficulties. Uh findings for each variance requests uh were made and uh recommended by the planning commission. The first four findings for each variance request are relatively similar. So I'll just quickly go through those. Um, generally speaking, Kelly Park is located within in the Central Village area, which is a pedestrian orient oriented integrated mixeduse development area that includes building, structures, and parking with reduced setbacks. Um, Central Village is within PD 739, which sets out those minimum area requirements. Kelly Park was previously within the plan development district uh for Central Village, and the property was subject to those reduced setbacks. The reszoning uh of the property to inst in institutional requires increased setbacks in comparison to that previous plan development and zoning. Kelly Park is surrounded by public streets on all four sides of the property. The setbacks along streets in the institutional zoning district are increased in comparison to internal property lines and this it is not typ typical for a property to be completely surrounded by public streets. Properties with buildings that are zoned as part of the Central Village zoning district are directly adjacent to Kelly Park and include building setbacks as close as 10 feet to to Galante Lane and Forino Street. So, this wouldn't really alter the character of the existing neighborhood. The location of the bandell is best suited for the existing grades of the site, helps to maximize lawn area for events that are held at the park and is oriented best for sun as related to the events. The location of the vans shell in relationship to the street parking areas assists with staging and loadings of the events held at Kelly Park. For the restroom and pavilion, again, um those general findings would um apply to this as well. And then specifically, the restroom and pavilion structure will replace an existing restroom. The new restroom is near the same location of that existing restroom and will utilize the um existing utilities that served the previous restroom. The location of the restroom and pavilion is optimal in relationship to other activities and amenities at Kelly Park and also blocks active play areas from traffic. And then lastly for the parking setback findings, again those general um Kelly Park findings in addition would be the existing parking facility at Kelly Park does not adequately serve parking demands specifically during events held at the park throughout the year. The expanded parking facility will increase parking stalls and utilize the existing accesses of a off of 152nd Street and Forino Street. This would be less disturbance than completely removing the existing parking and finding a new parking area. Terms of the grading plan, um generally speaking, this site uh is higher elevation towards the north and slopes to the south. Uh the engineering department has reviewed the grading plan and their comments are included in the staff memo attached to the staff report with the utility plan. um not much changing besides the fact that currently there this park does lack storm water management. So with the improvements would be the addition of five filtration basins and with that um would be the associated storm water utilities and then the splash pad would does have an underground chambers that would uh act as reuse for irrigation. In terms of landscaping, the removals plan show the removals of about 80 trees. Um, but with the landscaping plan shows the addition of 90 trees as well as a variety of other plantings. Staff will continue to work with the consultant to make sure that that 2 and a half% requirement is met with the building permit. Here are a couple of renderings of the new proposed structures at Kelly Park. I believe the parks director has a presentation after this, so I don't want to steal too much of his thunder. Um, Uh here's another uh view from 152nd looking south to the Banshill structure. And then lastly, a rendering of the new restroom and pavilion structure looking south. Again, in terms of the elevations, the primary building material of both the band shell and the restroom structure include a rock face CMU and then secondary materials would be a concrete with form liner finish, metal panels, thermally modified wood, and then prefinish uh aluminum. All four sides of the structure would include the same materials. And with that, um, for all motions as listed on the screen tonight, the planning commission did consider and recommend approval of all five of the motions. Um, and with that, I will stand for any questions. [35:54] Mayor: Thank you. Nice job. Do we have any questions for Sydney? All right, I'll work my way through these list of uh list of actions here. D1 is to pass an ordinance reszoning lot one block one and lot one block two Kelly Park from PD 739 to P institutional. Do we have a motion? [36:06] Council Member Heert: So moved. [36:07] Council Member Milander: Second. [36:07] Mayor: Motion from council member Heert, a second from council member Mander. All in favor indicate by saying I. [36:11] Council Members: I. [36:12] Mayor: Opposed. All right, that passes. Uh D2 is to adopt a resolution approving setback variances for a band shell structure from Galante Lane from 35 ft to 20 ft and from Fort Street from 35 ft to 23 feet. Do we have a motion? [36:36] Council Member Heert: So moved. Second. [36:38] Mayor: Motion from council member Heert, a second from council member Milander. All those in favor indicate by saying I. [36:41] Council Members: I. [36:42] Mayor: Opposed. All right. Five. D2 passes. Excuse me. D3 is to adopt a resolution approving a setback variance for a restroom and pavilion structure from 152nd Street West from 35 ft to 20 feet. Do we have a motion? [37:05] Council Member Heert: So moved. Second. [37:06] Mayor: Motion from council member Heert, a second from council member Milander. All those in favor indicate by saying I. [37:09] Council Members: I. [37:10] Mayor: And opposed. That item carries as well. Uh D4. Adopt a resolution approving setback variances for the expansion of a parking lot from Foliage Avenue from 20 ft to 13 ft from 152nd Street West from 20t to 10 ft and from Fort Tino Street from 20t to 10 feet. Do we have a motion? [37:25] Council Member Heert: So moved. Second. [37:27] Mayor: A motion from council member Heert, a second from council member. All those in favor indicate by saying I. [37:30] Council Members: I. [37:31] Mayor: And opposed. Uh D4 carries. And then D5 is to adopt a resolution approving the site plan building permit authorization for a bandel band shell structure, restroom and pavilion structure and other improvements at Kelly Park. [37:44] Council Member Heert: So moved. Second. [37:46] Mayor: Motion from council member Heert, a second from council member Mander. All those in favor indicate by saying I. [37:54] Council Members: I. [37:55] Mayor: Opposed. Uh that carries as well. Thank you. Thanks again, Sydney. Next item 5E. Uh this is Eric Carlson, our park and rec director to approve a guaranteed maximum price amendment to the AI agreement from Caros Anderson Construction Company. [38:15] Eric Carlson (Park and Rec Director): Mr. Mayor, members of the council, typically this item would be a consent agenda item, but because you just made the approval of the site plan and building authorization, we couldn't have you approve a contract before that was taken care of in case for some reason you weren't going to approve that. So I'll quickly go through some slides. Some of them will be a little bit repetitive. So again, this evening, we're looking for the council to approve the guaranteed maximum price contract with Krauss Anderson for 7,873,921 to construct Kelly Park as it's been presented to you this evening. The park and recreation committee reviewed this on Thursday, May 1st, and they are recommending approval. The project is scheduled to begin in July of 2025, so this coming July, and finish in the spring of 26, and be open for use in June of 20 uh 26. Overall, the project budget is at 11.7 million. It includes a playground. the performance stage which is about a 3600 foot facility uh that includes a 19900 foot stage, a three room unisex uh restroom building with the universal changing station, the interactive splash pad, solar on top of the roofs of both facilities, and then the recycled water, the underground vault. So we we are going to reuse the water from the splash pad, use it for irrigation purposes in the park. Um it also includes a 25 by 15 video screen for movies in the park and other park programming. Um and then expanded parking on site. We do uh relocate slightly relocate the rotary clock that's in the park today. Um and we've obviously been working closely with the Apple Valley Arts Foundation on this project as they use it um for the community's uh music and Kelly Park concert series on Fridays. This is what Kelly Park looks like today. And this is what we hope or plan to make it look like uh when this construction project is over. Um, again an image similar image that Sydney showed of the of the uh stage um in the daytime, one in the evening. And this is the floor plan for the stage. And the the addition the the additions to the stage is a green room, a a restroom, a storage room, a a mechanical room, electrical room uh for uh everything that happens at the stage. This is an image of the restroom facility. You can see that the roof is is overly large. Acts as also a picnic shelter on both sides of it with picnic tables and seating to get out of the sun, get out of the rain. It also acts as the mechanical building for the splash pad that's to the south of the building. And you can see the image of solar panels on the roof. And this is the floor plan for that facility. Um, as a part of the original planning, uh, we had thought about having a dog run, which is in it's kind of that empty circle just to the west of the parking lot just south of 152nd Street. But based on our budget, uh, we are not recommending that we move forward with that piece of this project. It would be an additional $133,000 to the contract if we were to move forward with that, but it's not being recommended. It's not a part of the project budget at this time. Conversely, um originally we thought about putting basketball court in there. It's you can see the three kind of the three half court basketball court in a circle there. Again, west of the parking lot just north of Forino. Um and we again are not recommending that be part of the project again based on budget. If it were to get added, it would be an additional $86,000 to the project. We are still working on the details of the playground, but we are working with Earthscapes out of Toronto, Canada, and we are looking at a bear themed uh playground. And these are some images of other bare themed playgrounds that they have constructed. And so, just want to give folks a taste of what that is going to look like. And then this is just another image. Um obviously again working closely with music in Kelly Park, the Apple Valley Arts Foundation. Um construction will begin in July. Construction will begin in July in the areas on the diagram on the right hand side which are not shaded in. So everything that has the blue box around it will not be touched during June, July and August so that we can successfully have music in Kelly Park in the park um this summer. And then the concerts that are scheduled in September which is one of them is the food truck festival and then another Saturday concert. Those will be conducted at Quarry Park and we'll do our very best to make sure that the public understands that and is aware of that. So once September hits, the contractor will have the entire park to do the construction project. And so again, we're asking the council to uh pass the uh motion that's on the on the screen and I can stand and answer any questions the council may have. [43:03] Mayor: Thank you, Eric. Questions from council? Uh my only question, you good we have to pull things out, make some choices, right? as we get to budget, are we capable to go back and add those in somewhere down the future down the road should additional funding become available? [43:18] Eric Carlson: We are. Whether that be as as a part of the project immediately or sometime in the future. [43:24] Mayor: Oh yeah. The three four years there, you find a sponsor who wants to put a basketball court in, we could do like some of those kind of things, right? [43:32] Eric Carlson: Yes, we can. [43:34] Mayor: Perfect. There are no other questions. We will look for a motion to approve a guaranteed maximum price contract amendment to the AIA agreement as detailed on your screen. [43:43] Council Member Heert: So moved. [43:43] Mayor: Second from a motion from council member Heert, a second from council member Mander. All those in favor indicate by saying I. [43:50] Council Members: I. [43:51] Mayor: Opposed. And uh 5e is uh carries. And we'll move on to 5F. Uh Joe's going to come back up and talk about our 2025 special assessment role number 697. [44:03] Joe (Assistant Finance): Hello, Mr. Mayor and members of the council. The city of Apple Valley undergoes certification of delinquent accounts twice per year in spring and fall. Process for the spring certification started with mailing letters to water sewer account holders with delinquent balances. A total of 5881 letters were mailed on February 25th, a decrease from the 767 letters sent during the previous assessment period. The letters informed recipients that the accounts not settled by March 19th would be certified for collection along with the certification fee. Following the March 19th deadline, a certification list was compiled and presented to the council on April 10th. At that time, the city council set a public hearing for tonight. Additionally, a notice was mailed on April 14th notifying account holders of the public hearing date and payment deadlines. To date, no written objections have been received. The affidavit of publication has been received and is on file following the public hearing this evening. And if the council adopts the assessment rule, the account holders will have an additional 30 days to make the full payment before any unpaid amounts are certified to the county on June 13th. Any amount certified to property taxes will become payable alongside the subsequent year's property taxes. The final list, less any prepayments, will be submitted to the county auditor's office by June 30th as stipulated by Minnesota state statutes. The initial certification list presented at the April 10th meeting indicated a balance of $163,62543 across 394 accounts. As of April 28th, 2025, a total of $16,314.17 had been received from 49 accounts, leaving the remaining balance of $147,311.26 across 345 accounts since April 28th, 2025 when the exhibit B item was added to the council council packet. The city has received additional payments totaling $8,446.3 from 22 accounts, leaving 323 accounts still unpaid at this time. We anticipate another 25 to 50 accounts will prepay prior to certification with the county next month. The city council is asked to conduct the public hearing for special assessment role number 697. Consider the adoption of the resolution certifying for collection delinquent utility charges in the amount of $147,31126. [46:17] Mayor: Great. Thank you. Are there any questions for Joe? If not, we'll go ahead and open the public hearing for this item. Anyone who would like to speak to the public hearing. Anyone who would like to speak to the public hearing on the assessment role. One last opportunity. We will close the public hearing and we will look for a motion to adopt the resolution levying the assessments. [46:44] Council Member Grenle: Motion. [46:46] Mayor: Motion from council member Grenle. Do we have a second? Second from council member Mander. All in favor indicate by saying I. [46:53] Council Members: I. [46:54] Mayor: And opposed. Those all carry. Thank you Joel. Next item on our agenda that is our staff and council communications. Tom, I know we had a couple items we discussed earlier. [47:04] Tom (City Administrator): Yes, Mr. Mayor. Two items for you tonight. We would like to have our city engineer, Brandon Anderson, come up and tell you about an important construction project that is now underway. And after that, uh we will have uh Tim Benetti come up and introduce a new staff member. [47:24] Brandon Anderson (City Engineer): Mr. Mayor, members of the council, Tom mentioned I get to um introduce you to an exciting construction project occurring. Don't kill the messenger here on this. That's exactly correct. Um road construction on Cedar Avenue is beginning or has begun this week. So, uh Dakota County has started a milllay project on Cedar from County Road 42 north to 138th Street. Uh you can see the the area on the on the kind of the general vicinity map here. Um, this was a federally funded project with Dakota County. Um, it includes resurfacing of of the all lanes and it also includes the ADA sidewalk and trail improvements along with that uh mill and overlay. The project timeline um that has started earlier this week and and is expected to go through mid July. Weather dependent and problem um or lack of problem dependent. Um, as I kind of alluded to, the project is underway right now. Um, so those of you driving will notice, uh, the first phase of this project, um, all northbound outside lanes will be closed with barricades the entire length. There'll be shoulder closures and some difficulty with turn lanes. The first uh, phase of work is all the ADA and concrete. They will switch that after. Um, there we go. Um, so that that was phase one. Phase two, the picture that you just saw that's northbound will flip over to southbound and the exact same work will occur from 138th to County Road 42. Each of these phases is about three weeks. So, we are four days into three weeks on phase one. Um hopefully weather stays good like it is and they can keep moving. Uh phase phase three once the two outside lanes are done they will flop to the inside. That's probably going to be a bit more difficult because it won't just be the outside it'll be some of the interior lanes which can be challenging. Little less work on that. Um they have that at one and a half weeks on the schedule and what is specified. And then once that is done, all the outside uh concrete work, this is scheduled to be mill and overlay paving in the overnight hours. We will put some additional notifications when that time comes up, but um for efficiency and traffic and what the traffic system can handle for shutdowns, it has to be at night. Especially with the businesses, it works okay. There are not a lot of residents there in the overnight, but we will work with the county to make sure good notices go out when we hit that that phase four. So, um, if you would like to stay up to date with this, this is a county-led project. The Stacy Riley, um, has an email and also on the Dakota County web page. You can, uh, look up county project CP2384 or even and Cedar Avenue and and track this down. They do kick out, uh, communications to keep to date. That is it on that one. Good luck for the next few weeks until mid July. [50:35] Council Member Milander: I already heard people just laying on the horn for somebody who didn't take a right during the construction. It was whoa. [50:41] Mayor: Yeah. Deep breath, a little patience. It's it's it's a little short-term misery, but when it's done, uh, you know, this is a prelude to some of the other county projects that we have in our capital improvement. So, there'll be some really positive pavement projects for the next couple years similar to this. So, something to look forward to. Thank you, Brandon. Mr. Betty. [51:04] Tim Benetti: Raise your right hand. Mr. Mayor, members of council, I'm pleased to announce or introduce to you Terry Dill. Terry is our newest city planner. She just started about a week ago last Tuesday, April 29th. Uh she is uh dug in already. We've got her working on some really good projects coming up. Terry comes from uh she's originally a Lakeville native, so she's right next door to us. Um, believe it or not, she's related to our former planner, Tom Loveace, which wasn't known until after her uh interview and her hiring. So, uh, and we're not going to hold it against her. I mean, Tom was a good planner, but she's going to be a better planner, right? Correct. So, uh, she started with city of Jordan way back when and eventually transferred into city of Savage for about 23 years as their city planner. She spent last couple years at Scott County as a transportation planner, realized that that was not her calling. So, she came back to the she came back to the light side and wants to be back to municipal planning. We're happy to have her. She's got a husband, Chris, who is a park and wreck nerd for the city of Savage where they met many years ago. She has two kids and three grandkids and I'd like to just have her introduce herself if she'd like to or fill in any more details if she would like to. [52:39] Terry Dill (City Planner): Thank you, Mayor, council members. I'm very excited to be here and like Tim said, dig in and learning the code and comp plan and just getting a word. Everyone has been all staff has been very friendly and welcoming. It's been a great experience so far. [52:45] Mayor: And I understand you have a an early connection to Apple Valley as well. [52:49] Terry Dill: Yes. Well, my very first job was in Apple Valley. I worked at the driving range that my grandparents owned on 42 Galaxy. So, so I'm an avid golfer just from working there all those years ago. So, yes, picked up golf balls the tractor there. [53:03] Mayor: You can maybe help us with a little bit of the history gaps we have here and there, right? That's great. Welcome, Terry. [53:11] Terry Dill: Yes. Thank you. I appreciate it very much. Thank you to be here. [53:15] Tom (City Administrator): Thanks, Mr. Mayor. If I might just add, I just want to say thank you to our staff who uh we were down two planning professionals for many many months. Uh they certainly had to step up uh from Tim to all of the planners and uh really kind of covered the city. I want to thank uh Jennifer for her work, came on board as a consultant for us to help us get through that gap. So I think the the team did well to adapt and uh accommodate the the demands of the the applicants and we're glad that we're now fully staffed. [53:46] Mayor: Nothing like a little short staff to make you busier than ever, too, right? somehow seems to work out that way. Thank you. Uh council members, any items this evening? [53:49] Council Member Milander: I'd just like to recognize um last Sunday we had the Apple Valley Community Crime Prevention Association Rowathon. And uh Kevin, I know you were out there volunteering that day. So, thank you for that and thanks everybody who showed up that day. Um you know, next year probably should be a council rowing team uh for their event, right? Um so, we'll have to figure out how we pull that together. But, uh fun event. Glad I could stop by for a bit. was certainly a packed room and everybody's working really hard. So Kevin, thanks again for being there. [54:15] Mayor: Uh with that, do we have a calendar of upcoming events to approve? Our next regular city council meeting is Thursday, May 22nd at 7 p.m. Do we have a motion to approve the calendar? [54:23] Council Member Grenle: Move. [54:24] Mayor: Motion from council member Grandal, a second from council member Mander. Sorry I cut you off there. Sorry. All those in favor indicate by saying I. [54:32] Council Members: I. [54:33] Mayor: And opposed. And do we have a motion to adjurnn? [54:40] Council Member Grenle: Thank you. [54:43] Mayor: Motion from council member Grenle. A second from council member Mander. All those in favor indicate by saying I. I. I. We're ajourned. Thank you. [Music] [Music]