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Home My WebLink About01/28/2021 l , , CITY OF APPLE VALLEY Dakota County, Minnesota . � January 28, 2021 � � �Minutes of the regular meeting of the City Council of Apple Valley,Dakota CounTy,Minnesota, held January 28, 2021, at 7:00 o'clock p.m., at Apple Valley 1Vlunicipal Center. � PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Grendahl. , ` ABSENT: - None. . *Present via remote technology City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Recreation Supervisor Bird, Planner Bodmer*, - ' Parks and Recreation Director_Carlson, Police Captain Dahlstrom,Assistant City Administrator Grawe*, Finance Director Hedberg,Recreation Manager Johnson; Community Development Director Nordquist, Police,Chief Rechtzigel, and Fire Chief Russell. � � . � Mayor Hooppaw called the meeting to order-at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. �. APPROVAL OF AGENDA ' MOTION: of Goodwin, seconded by Grendahl, approving the agenda for tonight's meeting, as , � � � presented. Ayes - 4 -Nays - 0. � � AUDIENCE � � . Mayor Hooppaw asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. ' CONSENT AGENDA Mayor Hooppaw asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. 1VIOTION: of Bergman, seconded by Grendahl, approving all.items on the consent agenda with no exceptions. Ayes -4 -Nays - 0. , CONSENT AGENDA ITEMS � - � MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting - - of January 14, 2021, as written. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No.2021-13 setting a public hearing, at 7:00 p.m., on February 25, 2021, on the application for On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by Misfit AV, LLC, d/b/a The Misfits Collective. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 2021 ' Page 2 � MOTION: of Bergman, seconded by Grendahl, approving updated Investment, Fund Balance Reserve, and Debt Management policies, as attached to the Finance Director's , - memo. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No.2021-14 providing for the competitive negotiated sale of$6,405,000.00 General Obligation Refunding Bonds, Series 2021A. Ayes -4 -Nays - 0. , MOTION: of Bergman, seconded by Grenclahl, adopting Resolution No.2021-15 appointing Nick Francis, as the Police Department Representative,to the Traffic.Safety Advisory Committee; for a term expiring March 1, 2023. Ayes -4 -Nays- 0. , MOTION: of Bergman, seconded by Grendahl, receiving the Parks and Recreation-Advisory Committee's 2020 annual report. Ayes - 4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the Traffic Safety Advisory - Committee's 2020 annual report. Ayes - 4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No.2021-16 requesting Dakota County remain a full member of the Minnesota Valley Transit Authority. Ayes - 4 -Nays - 0. . , MOTION: of Bergman, seconded by Grendahl, approving the Fifth Amendment to Lease Agreement with T-Mobile Central, LLC, for the Palomino Lattice Tower, as attached to the Public Works Superintendent-Utilities memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. , MOTION: of Bergman, seconded by Grendahl, approding the Joint Powers Agreement with City of Burnsville for In-Lake Projects on Alimagnet,-Lac Lavon, and Keller Lakes, as attached to the Water Resource Specialist's memo, and authorizing the ' Mayor and Clerk to sign the same. Ayes - 4 -Nays - 0. . MOTION: of Bergman, seconded by Grendahl, authorizing Project 2021-121, Quarry Point � Water Tower Intermediate Rehabilitation, as described in the Reservoir Summary � Report attached to the Public Works Superintendent-Utilities memo. Ayes-4 - Nays - 0. MOTION: ' of Bergman, seconded by Grendahl, approving Change Order No. 1 to the agreement with Rachel Contracting, LLC, for Project 2020-102, Redwood Pond Expansion, in the amount of.an additional $22,476.00. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Project 2020-105, 2020 Street Improvements, as complete and authorizing final payment on the agreement with , McNamara Contracting, Inc., in the amount of$131,420.50. Ayes -4 -Nays - 0.' �- � � � � � CITY OF APPLE VALLEY � ` Dakota County, Minnesota - , January 28, 2021 Page 3 , ' MOTION: of Bergman, seconded by Grendahl, approving the personnel actions'as listed in the Personnel Report dated January 28, 2021. Ayes - 4 -Nays - 0. , , MOTION: of Bergman, seconded by Grendahl, to pay the claims and'bills, check registers , , dated January 6, 2021, in the amount of$1,014,495.15; and January 13, 2021, in the amount of$2,028,842.75. Ayes-4 -Nays�- 0. _ - END OF CONSENT AGENDA ; MID-WINTER FEST 2021 � - _ Mr. Bird,with Klondike present,reviewed activities planned for this year's Mid-Winter Fest celebration and invited everyone to participate in the activities. Due to the pandemic, activities will be held virtually and outdoors. He also thanked the members of the business community who support this event. Mr. Bird then read the proclamation: MOTION: � of Grendahl, seconded by Goodwin,proclaiming February 6, 2021, as "Apple J Valley Mid-Winter Fest 2021"and encouraging citizens to support and participate ' in the celebration. Ayes -4 -Nays - 0. � Mr. Lawell introduced to the audience newly hired Parks and Recreation Director Eric Carlson. Mr. Carlson said he is excited to be here. He looks forward to working with the Council, staff, and community. ORDINANCE AMENDING CHAPTER 50, REGULATING GARBAGE Ms. Bodmer reviewed the ordinance amending Chapter 50 of the City Code, regulating.solid waste,recycling, and composting. The Council reviewed this item at its regular City Council � � meetings of December 10, 2020, and December 22, 2020, and at its informal City Council meeting of January 14, 2021. � , ' �Councilmember Bergman voiced frustration that the City has no choice in this matter. This was mandated from the State to the�County and then then from the County to the City. Councilmember Grendahl said she is of the same opinion. She also has concerns with the carbon footprint of forcing haulers to pick up recyclables weekly. She believes the market should drive ; the frequency of recycling pickup. � Discussion followed. � The Council asked what would happen if the ordinance did not pass. � Mr. Dougherty responded noting a potential for loss of funding from the County. Discussion continued. � CITY OF APPLE VALLEY Dakota County, Minnesota ! January 28, 2021 Page 4 � Mr. Lawell said the City receives approximately$70,000 from Dakota County to assist with recycling efforts. The City is also part of a Joint Powers Agreement for recycling activities with tfie Cities of Burnsville, Eagan, and Lakeville. Failure to pass the ordinance may jeopardize the City's ability to remain a member of the Joint Powers Agreement with Dakota Recycling. ` 1VIOTION: of Goodwin, seconded by Bergman, passing Ordinance No. 1085 amending Chapter 50 of the City Code, regulating solid waste,recycling and composting. _ Mayor Hooppaw said it does not feel good to be put in a position where the City is forced , - to comply and pass an ordinance. He expressed concern with the precedent it sets for � things to be dictated from a Metropolitan Council level. , Councilmember Bergman said he would like staff to arrarige to have the City's � Metropolitan Council representative meet with the Council so they have a better understanding of the City's position on issues. , Vote was taken on the motiori. Ayes - 3 -Nays - 0 -Abstain- 1 (Grendahl)., TRAFFIC SAFETY ADVISORY COMMITTEE VACANCY � � ; � Ms. Gackstetter reviewed her memo regarding the resignation of Traffic Safety Advisory Committee Member Fred Puente, creating a vacancy on the Parks and Recreation Advisory Committee with a term expiring March l, 2024. She said the Council may wish to extend an invitation to individuals interested in serving on this Committee to submit an application to the City Clerk by February 26, J 2021. An appointment could then be made in March. MOTION: of Goodwin, seconded by Grendahl, accepting the resignation of Traffic Safety Advisory Committee Member Fred Puente and_thanking him for.his dedicated service to the City of Apple Valley, directing staff to post the Parks and Recreation Advisory Committee vacancy, and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by February 26, 2021. Ayes - 4 -Nays - 0. � COMMUNICATIONS - Mr. Lawell reminded the public that applications to fill the vacant seat on the,City Council will be , accepted through February 15, 2021. He then said the Minnesota Department of Transportation (MnDOT) is currently conducting a study to identify congestion mitigation concepts for Trunk Highway 77/Cedar Avenue. Citizen are invited to share their opinions on the topic through virtual and online open houses. More information and a link to the study can be found on the City's website. . MOTION: of Goodwin;seconded by Bergman,reaffirming the City's support for the installation of a third lane on Trunk Highway 77/Cedar Avenue and directing staff CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 2021 , Page 5 to convey this position to MnDOT for inclusion in their current study. Ayes - 4 - Nays - 0. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl,to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 7:42 o'clock p.m. Respectfully Submitted, O•.C.I2A`�� Pamela J. Gac ette , ity Clerk Approved by the Apple Valley City Council ��y „a, on 2/l 1 /2,l Clint Hooppaw, Mayor