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Home My WebLink About05/13/2021 ; � CITY OF APPLE VALLEY � - Dakota County, Minnesota � , May 13, 2021 � Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 13, 2021, at 7:00 o'clock p.m. - PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. - ABSENT: None. � City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City ' Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Police Captain Francis, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, and Public Works Director `Saam. Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA � MOTION: of Grendahl, seconded by Goodwin, approving the agenda for tonight's meeting, as � presented. 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. ' Ms. Kelly Mielke, 14363 �Fridley Way, commented on the.last City Councilmember appoiritment, the process that was used, and the lack of racial and ethnic diversity on the Council. She noted that Linda Garrett-Johnson was a strong,third community choice at the last election. Mr. Bernie Zimmermann, 15676 Highview Drive, also commented on the lack of racial diversity , and asked the Council what they are going to do to fix the gap in racial equity and representation on the City Council. Mayor Hooppaw responded that the Council serves in elected roles. He said he was happy with the pool of 12 candidates from which to make�an appointment and is hopeful those candidates will continue to look a't other ways to participate within the City. 1 Councilmember Goodwin stated his reasoning for picking Mr. Melander was that he served 20 years on the Planning Commission, which provided a lot of experience reviewing new ,developments; and approving new developments is a primary responsibility of the City Council. , Councilmember Grendahl noted the Council received numerous emails and comments in support of Tom Melander being appointed Councilmember. I , CITY OF APPLE VALLEY ' Dakota County,'Minnesota . - _ May 13, 2021 ' � , Page 2 ^ Councilmember Melander said he hopes common sense and concern for the City of Apple Valley does not have a racial component. He added that he lias the same goals as anyone else. , � 1VIs. Kelly Kausel, 14414 Everest Avenue,voiced support for the Freedom Days Celebration and �J �suggested videotaping the parade so all could enj oy it. She then commented on pedestrian traffic and the proposed lighted signs at Garden View Drive and Baldwin Drive. She suggested Traffic Safety Advisory Committee meetings be recorded so citizens who cannot attend the meetings,can � weigh in on safety concerns. Lastly, she said she appreciates all the first responders, especially ; � during COVID, and hopes education versus punishment can be option.of choice. _ Ms. Linda Garrett-Johnson, 15681 Finch Avenue; asked the Council to consider a proclamation -for Juneteenth Freedom Days. , , 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 Goodwin, approving a11 items on the consent agenda , - with no exceptions. Ayes - 5 -Nays - 0. , CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Goodwin, approving the minutes of the regular,meeting , of Apri122, 2021, as written. Ayes - 5'-Nays=,0. , ' • , MOTION: of Melander, seconded�by Goodwin, appointing John Bergman to the Airport Noise Oversight Committee A-Large'Community Group;_as described in the City ' - . Administrator's memo. Ayes- 5 -Nays - 0. � MOTION: of Melander, seconded by Goodwin,proclaiming May 16 through 22, 2021, 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 Goodwin, approving the License Agreement with Pulte , Homes of`Minnesota, LLC,to allow for the placement of a residential monument - sign in a drainage and utility easement over and across Outlot C, Orchard Place, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. _\_ _ � MOTION: of Melander, seconded by Goodwin, approving construction of a replacement deck without platting the parcel at 13251 Diamond Path, as described in the Planner's memo. Ayes - 5 -Nays - 0. , , �� i - I - CITY OF APPLE VALLEY Dakota County,Minnesota � i May 13, 2021 � " Page 3 � , � i - MOTION: of Melander, secorided by Goodwin, adopting Resolution No. 2021-90 awarding � the agreement for Project 2021-103, 2021 Micro Surfacing,to Fahrner Asphalt Sealers, LLC,the lowest responsible bidder, in the amount of$223,015:36. Ayes - . � �- 5 -Nays - 0. MOTION:. of Melander, seconded by Goodwin, adopting Resolution No. 2021-91 awarding - the agreement for Proj ect 2021-1 O5, 2021 Street Improvements,to McNamara � � ,' Contracting, Inc.,the lowest responsible bidde'r, in the amount of$714,391.55. Ayes - 5 -Nays - 0. � MOTION: of Melander, seconded by Goodwin, approving the Fourth Amendment to Lease � Agreement with Cellco Partnership, d/b/a Verizon Wireless, for the Valleywood - Water Reservoir, as attached to the Public Works Direotor�s memo, and authorizing the Mayor and City Clerk to,sign the same. Ayes - 5 -Nays - 0. � • MOTION: of Melander, seconded by Goodwin, approving the Aquatic Invasive Species Aid . Grant Agreement with Dakota County Environmental Resources for Curly Leaf Pondweed Management on Long and Farquar Lakes, in the amount of$7,725.00. ' Ayes - 5 -Nays - 0. _ MOTION: of Melander, seconded by Goodwin, approving the Aquatic Invasive Species Aid Grant Agreement with Dakota County Environmental Resources for Purple - � Loosestrife Bio-Control on Alimagnet Lake,Keller Lake, and Lac Lavon, in the ' amount of$1,175.00. Ayes - 5 -Nays - 0. � MOTION: of Melander, seconded by Goodwin, approving the License Agreement with St. � Paul Growers Association, Inc., for a Farmers Market in the Municipal Center parking lot from 6:30 a.m. to 2:00 p.m., on Saturdays from June.5 through " October 30, 2021, and authorizing the Mayor and City Clerk to,signthe same. Ayes - S -Nays - O. - ,'� , , � � � MOTION: of Melander, seconded by Goodwin, approving the Lease Agreement with Scott- ^ Carver-Dakota CAP Agency, Inc., for use of Redwood Community Center meeting room space June.,l, 2021, untillVlay 31,2022, as attached to Parks and Recreation Director's memo, and authorizing tlie Mayor and City Clerk to sign the same. Ayes - 5 -�Nays =0. . . � MOTION: of Melander, seconded by Goodwin, approving an Intergovernmental Agreement � - with the Metropolitan Council for the 2021 Citizen Assisted Lake Monitoring ' Program(CAMP) on Lake Alimagnet;Farquar��Lake, Long Lake, Cobblestone - Lake, and Scout Lake, as attached to the Natural Resources Coordinator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. , .� r � \ �, . CITY OF APPLE VALLEY � Dakota County, Minnesota � May 13, 2021 , ' Page 4 ' , 1 MOTION: of Melander, seconded by Goodwin, approving the Agreement with Nordic Services, Inc., d/b/a Nordic Mechanical Services, for Apple Va11ey Family Aquatic Center water heaters, in the amount of$21,065.00,, and authorizing the Mayor.and " City Clerk�to sign the same. Ayes - 5 -Nays - 0. � � � MOTION: of Melander, seconded by Goodwin, approving the Agreement for Project 2021- , � 112, 2021 Ash Tree Replacements,with Wilson's Nursery, Inc., in tlie amount of $35,048.00, and authorizing tlie Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. , � - ' MOTION: of Melander, seconded by Goodwin, approv�ng the personnel actions as listed in � the Personnel Report dated May 13, 2021. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin,to pay the claims and bills; check registers dated April 15, 2021, in the amount of$905,331.36, Apri121, 2021, in the amount of$540,993.62; and Apri128, 2021, in the amount of$524,776.53. Ayes - 5 -Nays - - 0. - : ' MOTION: of Melander;seconded by Goodwin, approving the 2022 Budget Calendar and ' ! setting a special informal City Council meeting, at 5:30 p.m., on August 26, 2021. Ayes - S -Nays - 0. � . , ,,MOTION: of Melander; seconded by Goodwin, setting a special informal City Council , ' meeting, at 8:30 a.m., on June 4, 2021, at Valleywood Clubhouse, 4851 � �� , McAndrews Road, for the purposes of goal setting. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA _ � , INTRODUCTION OF NEW POLICE OFFICERS LeCLAIRE AND WAGNER '- Police Chief Rechtzigel introduced newly hired Police Officers Jon LeClaire and Justin Wagner to the Council". The City Clerk adminisfered the oaths of office to the Officers. Police Chief �Rechtzigel then presented them with their badges. The City Council congratulated Officers LeClaire and Wagner and welcomed them to their new positions. . � POPPY DAY PROCLAMATION ' Ms. Heike Cybart,representing.the American Legion, Post 1776,Auxiliary Poppy Committee was preserit. She read the proclamation,proclaiming May 28,2021, as "Poppy Day" and May 2021 as� "Poppy Month". �, MOTION: of Goodwin, seconded by Grendahl,proclaiming May 28; 2021, as "Poppy Day" and May 2021 as "Poppy Month" and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 5 -Nays - 0. . �1 � ' � � � _ , - . .. I CITY OF APPLE VALLEY � Dakota County, Minnesota � , May 13,.2021 - Page 5 � _ -The Mayor then presented the"Poppy Day"proclamation to Ms. Cybart. � MEMORIAL DAY PROCLAMATION , � ; Mr. Lloyd Cybart, on behalf of American Legion, Post 1776, invited everyone to the Memorial ' Day ceremonies at 11:00 a.m. at the Apple Valley American Legion Memorial located behind the American Legion Post on Granada Avenue. He then read the proclamation proclaiming May 31, ,2021, "Memorial Day". . , , . MOTION: ' of Grendalil, secorided by Goodwin, acknowledging the Federal Proclamation of � � _May 31, 2021, as"Memorial Day" and asking citizens to remember those who � , were casualties and injured in the various wars and police actions of the United �� States. Ayes - 5 -Nays - 0. , . , � The Mayor then presented the"Memorial Day"proclamation to Mr. Cybart. ' 2021 SPECIAL ASSESSMENT ROLL 674—FALSE ALARMS Mr. Hedberg described the process used for a11-three special assessment rolls. He then reviewed � � �.Assessment Roll No. 674,totaling $2,697.00, for delinquent false alarms. 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 7:40 p.m., on Special Assessment Roll No. � 75. The Mayor asked for questions or comments from the Council and the audience. There were , , none and the hearing was declared closed at 7:41 p.m. , � � MOTION: �of Grendahl, seconded by Goodwin, adopting Resolution No. 2021-92 approving and levying 2021 Special Assessment Roll No: 674, for delinquent false alarms, in the amount of$2,697.00, minus any prepayments. Ayes - 5 -Nays - 0. , � 2021 SPECIAL ASSESSMENT ROLL 675 -UTILITIES Mr. Hedberg described Assessment Roll No. 675,totaling$133,045.27, for delinquent utility ' ' accounts. He noted the hearing notice was published according to law and confirmed receipt of . � the Affidavit.of Publication. The assessment represents 385 utility billing accounts. No written ' � objections have�been received. The revised total today following prepayments is-$98,794.74. Mayor Hooppaw called the public hearing to order, at 7:42 p.m., on Speoial Assessment Roll No. 616. The Mayor asked for questions or comments from the Co�uncil and the,audience. There were :, none and the hearing was declared.closed at 7:43 p.m. _ MOTION: of Bergman, seconded by Grendahl, adopting.Resolution No. 2021-93 approving , , and levying 2021 Special Assessment Roll No. 675, delinquent utiliTy accounts, in the amount of$133,045.27, minus any prepayments. Ayes - 5 -Nays - 0. ' � � . I 1 . CITY OF APPLE VALLEY � Dakota County, Minnesota , - May 13, 2021 Page 6 ' � , , , , 2021 SPECIAL ASSESSMENT ROLL NO. 676—DISEASED TREE &NiJISANCE CHARGES , � Mr. Hedberg said it is no longer necessary to hold a public hearing for Assessment Roll No. 676, � totaling $2,341.80, for delinquent tree removal and nuisance charges, because the two property r owners have paid the charges iri full. � ; AREA A OF THE MIXED BUSINES CAMPUS � �. _ � � Mr'. Anderson reviewed the request by Rockport,LLC, for improvements to serve its property for development,pursuant to Minnesota Statutes;Chapter 429. The area proposed to be assessed for improvements is property north of 155th Street to 152nd Street adjacent to Pilot Knob Road. The , feasibility study is required by Chapter 429. ` Mayor Hooppaw called the public hearing to order, at 7:51 p.m., on public improvements for Project�2021-119,Area A of the Mixed Business Campus. The Mayor asked for questions or -� , � comments from the Council and the audience. There were norie and the hearing was declared closed at 7:52 p.m. � MOTION: of Goodwin seconded by Bergman, adopting Resolution No. 2021-94 approving the feasibility report for construction of public infrastructure relating to the proposed Area A of the Mixed Use Campus. Ayes - 5 -Nays - 0. , _ , . MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2021-95 ordering public improvements for Project 2021-119, Area A of the Mixed Use Campus. � , Ayes - 5 -Nays - 0. ORCHARD PATH CONTINUUM-OF-CARE FACILITY ADDITION , � Mr. Lovelace reviewed the request by Senior Housing Partners and PHS.of Apple Valley, Inc., for site plan/building permit authorization to construct a 60-unit addition to the existing 195-unit Orchard Path continuum-o£care facility at 5400 157th Street W. The Planning Commission , reviewed this item on Apri121, 2021, and voted unanimously to recommend approval. , � Discussion followed. , � ,� MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2021-96 approving the site plan and authorizing issuance of a building permit to allow construction of � a 60-unit addition to the existing 195-unit Orchard Path continuum-of-care facility - on L' ot 1, Block 1, Presbyterian Homes at Cobblestone Lake, subject to conditions as recommended by the Planning Commission. Ayes - 5 -Nays- 0. � , , , _ , CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2021 Page 7 COMMUNICATIONS Mr. Goodwin said Mr.Nordquist gave the annual development update to the Rotary Club and the presentation was excellent. Mr. Lawell said there is information on the City's website for individuals needing help with rent and/or struggling to pay for broadband/internet services during the pandemic. He then said the City is still in need of lifeguards and facility attendants. Anyone interested, should apply. Last, he announced Allina Health is hosting an Emergency Medical Services (EMS) Week BBQ on May 19, 2021, from 3:00 p.m. to 7:00 p.m. at Fire Station 1 in honor of EMS Week. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, adding the May 19, 2021, EMS Week BBQ at : Fire Station 1 and the May 31, 2021, Memorial Day ceremony at the Apple Valley � American Legion to the calendar, and approving the amended calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:07 o'clock p.m. Respectfully Submitted, P �� Pamela J. Ga te , City Clerk Approved by the Apple Valley City Council on 5/2�/21 Clint Hooppaw, Mayor