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Home My WebLink About12/22/2020 CITY OF APPLE VALLEY � Dakota County, Minnesota December 22, 2020 Minutes of the regular meeting of the.City Council of Apple Valley;Dakota County, Minnesota, � held December 22, 2020, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and , Hooppaw. ABSENT: None. *Present via remote technology City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Planner Bodmer*, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Finance Director Hedberg, City Planner Lovelace, - Department Specialist Marschall, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam. . Mayor Hamann-Roland 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 Grendahl, approving the agenda for tonight's meeting, , _as presented. Ayes - 5 -Nays- 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. . - , � Former Mayor, Mike Garrison, said this is a special evening to acknowledge the representation that Mayor Mary Hamann-Roland has provided the City of Apple Valley for over 20 years. Thanks to the Council, Apple Valley is a beautiful place with a level of goods and services that is the envy of most of the world. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION:� of Hooppaw, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. , CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2020 Page 2 MOTION: of Hooppaw, seconded by Goodwin, approving the minutes of the regular meeting of December 10, 2020, as written. Ayes= 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving renewal and issuance of licenses and permits for 2021 as listed in the attachment to the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-169 amending 2021 budget for uncompleted 2020 projects and specific items. Ayes - 5 -Nays - 0. � MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-170 committing fund balances for 2020 financial statement purposes. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-171 approving amendments to the Apple Valley Firefighters Relief Association � Bylaws. Ayes - 5 -Nays - 0. MOTION: � of Hooppaw, seconded by Goodwin, adopting Resolution No.2020-172 �appointing Rolland Greeno, Commissioner, and Greg Helms, Alternate Commissioner, to Black Dog Watershed Management Organization. Ayes.- 5 - Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving the reduction of financial guarantees for Orchard Place Storm Water Improvement from $800,000.00 to $400,000.00, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: � of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-173 restricting parking on 155th Street from 1,500 ft. west of Pilot Knob to Pilot Knob Road, for Project 2020-134, 155th and Pilot Knob Roadway Improvements, and ordering installation of the necessary signage. Ayes - 5 -Nays - 0. , � MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-174 declaring adequacy of petition and ordering preparation of Feasibility Report for Project 2021-118, Applewood Pointe Roadway Improvements. Ayes - 5 -Nays- 0. - MOTION: of Hooppaw, seconded by Goodwin, approving the Design Agreement vyith United Properties Residential, LLC, for design services relating to Project 2021- 118,Applewood Pointe Roadway Improvements, and Project 2021-117, Applewood Pointe Utility Improvements, authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-175`declaring adequacy of petition and ordering preparation of Feasibility Report for Project , 2021-119, Area A of Mixed Use Campus. Ayes - 5 -Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota � December 22, 2020 Page 3 _ MOTION: of Hooppaw, seconded by Goodwin, approving the Design Agreement with Rockport, LLC, for design services relating to Project 2021-119,Area A of Mixed Use Campus, and authorizing the Mayor and City Clerk to sign the same. Ayes -' 5 -Nays - 0. ' - MOTION: of Hooppaw, seconded by Goodwin, approving Mutual Aid Agreement with the . City of Saint Paul for law enforcement assistance, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving Change Order No. 1 to the � agreement with McNamara Contracting, Inc., for Project 2020-105, 2020 Street Improvements, in the amount of an additional $95,003.79. Ayes - 5 -Nays - 0. _ � MOTION: of Hooppaw, seconded by Goodwin, approving Change Order No. 2 to the agreement with McNamara Contracting, Inc., for Project 2019-108, County Road 42 Johnny Cake Ridge Road Intersection Improvements, in the amount of an additional $298,850.66. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving Change Order No. 1 to the agreement with Hydro-Vac, Inc., with a deduction of$69.98; and accepting � Project 2020-154, 2020 Sump Catch Basin Cleaning, as complete and authorizing �� final payment in the amount of$6,434.66. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, accepting AFRCC Control Room Upgrades, as complete and authorizing final payment on the agreement with Advanced Systems Integration, LLC, in the amount of$51,713.94. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, accepting Project 2019-158, Apple Valley Family Aquatic Center Wet Play Area Improvements - Installation, as complete and authorizing final payment on the.agreement with Lemmie Jones, LLC, in the ' amount of$6,070.25. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, secondecl by Goodwin, accepting Project 2020-101, 2020 Street and Utility Improvements, as complete and authorizing final payment on the agreement with Kilmer Electric Co., Inc., in the amount of$60,723.40. Ayes - 5 - Nays - 0. � MOTION: of Hooppaw, seconded by Goodwin, accepting Project 2020-136, Orchard Place Utility Improvements, as complete and authorizing final payment on the agreement with McNamara Contracting, Inc., in the amount of$707,704.00. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, accepting Project 2020-141, Galaxie Avenue and 153rd Street ADA Improvements, as complete and authorizing final payment CITY OF APPLE VALLEY Dakota CounTy, Minnesota December 22, 2020 Page 4 � ' on the agreement with McNamara Contracting, Inc., in the amount of$20,639.55. Ayes - 5 -Nays - 0: MOTION: of Hooppaw, seconded by Goodwin, approving the Personnel Policy: COVID%19' Emergency Paid Leave, as attached in the Human Resources Manager's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No.2020-176 approving the revised 2021 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated December 22, 2020. Ayes - 5 -Nays - 0. , MOTION: of Hooppaw, seconded by Goodwin,to pay the claims and bills, on the check register dated December 2, 2020, in the amount of$895,978.10;.and December 9, 2020, in the amount of$717,285.39. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA REMARKS FROM ANGIE CRAIG Congresswoman Angie Craig commended 1Vlayor Mary Hamann-Roland on her years of service to the City of Apple Valley. She said she looks forward to continuing to work with the 1Vlayor in her new role as Dakota County Commissioner and cannot wait to see what she is going to do at the County. She then provided an update on the COVID relief bill that was passed last night. She said the most important part of the bill is the billions of dollars that will be invested to � accelerate the vaccine. �COMPREHENSIVE PLAN AMENDMENT—LOW DENSITY FLEX Mr. Lo�elace provided background on a proposed amendment to the 2040 Comprehensive Plan that will add language in the Land Use chapter describing"LDF" (Low Density Flex). "LDF" is a new residential designation for properties within an established neighborhood whose current use may be discontinued or vacant. The amendment includes redesignating approximately 23 acres of land, located at 8661 140th Street W., from"PR" (Private Recreation)to "DLF" (Low ' Density Flex)with a density range of 3-8 units per acre. MOTION:, of Grendahl, seconded by Bergman, adopting Resolution No. 2020-177 approving an amendment to the Land Use Map of the 2040 Comprehensive Guide Plan adding language describing the "LDF" (Low Density Flex)residential designation and re-designating property at 8661 140th Street W. from"PR" (Private Recreation)to "LDF" (Low Density Flex), as recommended by the Planning Commission. Ayes - 5 -Nays - 0. �� , CITY OF APPLE VALLEY Dakota County, Minnesota - December 22, 2020 � Page 5 ORDINANCE AMENDINCr CHAPTER 155 - LOW DENSITY FLEX ZONING DISTRICT Mr. Lovelace gave the first reading of an ordinance amending Chapter 155 of the City Code, establishing the"LDF" (Low Density Flex)residential zoning district. He also reviewed the _ request to rezone approximately 23 acres of the Apple Valley Golf Course property, located at 8661 140th Street W., from"P" (Institutional)to "LDF" (Low Density Flex). Discussion followed. MOTION: of Goodwin, seconded by Grendahl;waiving the procedure for a second reading - and passing Ordinance No. 1082 amending Chapter 155 of the City Code by ' adding the "LDF" (Low Density Flex) residential zoning district, as ' recommended by the Planning Commission. Ayes - 5 -Nays - 0. REZONE APPLE VALLEY GOLF COURSE PROPERTY MOTION: of Hooppaw, seconde'd by Goodwin,passing Ordinance No. 1083 rezoning the Apple Valley Golf Course property, located at 8661 140th Street W., from"P" (Institutional)to "LDF" (Low Density Flex). Ayes - 5 -Nays - 0. ORDINANCE AMENDING CHAPTER 50.REGULATING GARBAGE Ms. Bodmer gave the second reading of an ordinance amending Chapter 50 of the City Code, regulating solid waste, recycling, and composting. She-noted legal staff's response to the comments from the first reading of the ordinance, held on December 10, 2020, are included in the packet. Mayor Hamann-Roland said County and City staff will meet in the future to discuss imposed . mandates. Discussion followed. ' Councilmember Bergman commented on the additional truck traffic that will result in recyclables picked up weekly. , Discussion continued. MOTION: of Goodwin, seconded by Grendahl,tabling consideration of the ordinance � �amending Chapter.50 of the City Code, regulating solid waste, recycling, and composting to January 28, 2021. Ayes - 5 -Nays - 0. � ' ECONOMIC ASSISTANCE FOR APPLE VALLEY CHAMBER OF�COMMERCE MOTION: of Hamann-Roland, seconded by Goodwin, authorizing payment of$40,000.00 from the City of Apple Valley Lodging Tax Special Revenue Fund to the Apple � Valley Chamber of Commerce for COVID-19 relief. � CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2020 Page 6 � Mr. Lawell reviewed the request by the Apple Valley Chamber of Commerce for economic assistance. The Chamber of Commerce is requesting financial support from � the City to help address budget impacts related to the.COVID-19 pandemic and economic downturn. Discussion followed. Councilmember Bergman said he would like to sit down with Mr. Kearney,the past and � current Chairs of the Chamber of Commerce, and the City Administrator after the first of the year to discuss ways to make the community better and get more business participation in the Chamber. Discussion continued. Councilmember Grendahl inquired about the Chamber's reserves. - Mr. Kearney, Apple Valley Chamber of Commerce President, responded. He then stated the County has funds available for businesses with liquor licenses. He said he would ' ,personally visit the restaurants to educate�them that these dollars are available. , Vote was taken on the motion. Ayes -4 -Nays - 0 -Abstain- 1 (Grendahl). APPOINT TELECOMMUNICATIONS ADVISORY COMMITTEE MEMBER Ms. Gackstetter reviewed her memo listing applicants for the Telecommunications Advisory Committee vacancy. The Mayor called for nomiriations for the vacancy. Councilmember Grendahl nominated Michael Mikulski and Laura Ziegler. There being no further nominations,the Mayor declared the nominations closed. � MOTION: of Grendahl, seconded by Hooppaw, accepting both nominations for _ _ Telecommunications Advisory Committee. Ayes - 5 -Nays - 0. The City Clerk prepared ballots and.the City Attorney distributed them to the Council who were asked to each select one name. After selections were made,they were tallied and the City Attorney announced that Laura Ziegler received the majority of votes., MOTION: of Grendahl, seconded by Bergman, adopting Resolution No.2020-178 appointing Laura Ziegler to the Telecommunications Advisory Committee for a term expiring March 1, 2023. Ayes - 5 -Nays - 0. _ Mayor Hamann-Roland-thanked the other applicant who applied and expressed interest in the position. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2020 Page 7 During the counting of the votes, Police Chief Rechtzigel reminded everyone to stay off thin ice. APPOINT PLANNING COMMISSIONER Ms. Gackstetter reviewed her memo listing applicants for the Planning Commission vacancy. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Philip Mahowald, Christian McCleary, and Jeff Prewitt. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Hooppaw, accepting the three nominations for Planning Commission, and amending the previously adopted appointment process to reduce the number of candidates by selecting one candidate. Ayes - 5 -Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Philip Mahowald received the maj ority of votes. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2020-179 appointing Philip Mahowald to the Planning Commission for a term expiring March 1, 2021. Ayes - 5 -Nays - 0. �' Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. During the counting of the votes, the Council watched a short video from the Natural Resources Division regarding aeration systems on City lakes. CELEBRATION OF SERVICE—MAYOR MARY HAMANN-ROLAND Mr. Lawell highlighted the great work of Mayor Mary Hamann-Roland during her 22 years as Mayor of the City of Apple Valley in a celebration of service presentation. He thanked her for her commitment, dedication, and all she has done for the City. He then read the proclamation proclaiming December 22, 2020, as "Mayor Mary Hamann-Roland Day" in the City of Apple Valley. MOTION: of Grendahl, seconded by Goodwin, proclaiming December 22, 2020, as "Mayor Hamann-Roland Day" in the City of Apple Valley. Ayes - 5 -Nays - 0. On behalf of the Municipal Legislative Commission (MLC), Mr. Lawell then presented the Mayor with a plaque honoring Mayor Mary Hamann-Roland as MLC Board of Directors member in appreciation of her dedicated service and work with the MLC and thanking her for her leadership. _ Councilmember Goodwin presented the Mayor with the Key to the City in recognition of her outstanding service. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2020 Page 8 Mr. Lawell acknowledged the letter received from Bill and Nancy Tschohl thanking and congratulating the Mayor. Chamber President Ed Kearney, congratulated and thanked the Mayor for her work. He then presented the Mayor with a trophy with golden scissors on behalf of the business community and Chamber of Commerce in recognition of the many ribbon cuttings the Mayor has attended and in appreciation of over two decades of leadership,partnership, and friendship. The Council individually thanked Mayor Hamann-Roland for her service and wished her continued success at the County. Mr. Lawell presented the Mayor Hamann-Roland with a marble apple in recognition and honor of her distinguished service to the City. Lastly, Mr. Lawell presented the Mayor with a glass sculpture, symbolizing her appreciation of the arts, her inspiration, and her grace, balance, and skills in her term as Mayor. The sculpture was given in recognition and appreciation of 22 years of dedicated service to the City of Apple Valley on behalf of a grateful community. Mayor Hamann-Roland said 22 years, as the City's longest serving Mayor, seems like a blink of the eye. She said she was honored to serve the City with a dedicated team of councilmembers and thanked the Council and staff for'their friendship. She also thanked her family. She said building community and making a difference in peoples' lives is her life's purpose. She looks forward to continuing to serve the residents of Apple Valley. She thanked everyone for their kind words and said she is lucky she chose Apple Valley to be her home town. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, 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 Hamann-Roland, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0. � The meeting was adjourned at 8:49 o'clock p.m. Respectfully Submitted, � O�,c,� Pamela J. Gac s ette ity Clerk Approved by the Apple Valley City Council �"� on 1 /l4 /2l Clint Hooppaw, Mayor