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Home My WebLink About12/21/2021 CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, � held December 21, 2021, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Grendahl, and Melander. ABSENT: Councilmember Goodwin. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, Recreation Supervisor Bird, Parks and Recreation Director Carlson, Police Captain Francis, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, 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 Bergman, 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 ' Ma or Hoo aw asked if the Council or an one in the audience wished to ull an item from the Y PP Y P Y consent agenda. There were no requests. MOTION: of Grendahl, seconded by Melander, approving all items on the consent agenda with no exceptions. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Melander, approving the minutes of the regular meeting of December 9, 2021, as written. Ayes - 3 - Nays - 0 - Abstain - 1 (Melander). MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-210 accepting, with thanks, the donation of 13 LED lights, from JTH Lighting Alliance, for use by the Fire Department. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving issuance of a lawful gambling exempt permit to conduct excluded bingo, by the State Gambling Control Board, CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 2021 Page 2 to Eastview High School Senior Party, for use on March 6, 2022, at Cowboy Jacks, 14998 Glazier Avenue, and waiving any waiting period for State approval. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving renewal and issuance of licenses and permits for 2022, as listed in the City Clerk's memo. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-211 committing fund balances for 2021 financial statement purposes. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-212 amending 2022 budget for uncompleted 2021 projects and specific items. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-213 approving the transfer of$680,000.00 from the Liquor Fund to the General Fund and $150,000 to the Valleywood Vehicle and Equipment Replacement Fund for 2021. Ayes - 3 -Nays - 0 - Abstain - 1 (Grendahl). MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-214 supporting the 2021 Noise Wall Grant Applications. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-215 approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the release of subdivision financial guarantees for Cobblestone Lake 9th Addition, as listed in the Department Assistant's memo. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the First Amendment to Access Restriction Easement with PHS Apple Valley Senior Housing, Inc., for Orchard Path, 5400 157th Street W., as attached to the City Planner's memo. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Melander, affirming the Economic Development Authority's approval of the Joint Powers Agreement with Dakota County Community Development Agency for"Open to Business" program, as attached to the Planning and Economic Development Specialist's memo. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the Joint Powers Agreement with the Dakota County for the Construction of North Creek Greenway Projects and Ongoing Maintenance, as attached to the Parks and Recreation Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. _____ _ CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 2021 Page 3 MOTION: of Grendahl, seconded by Melander, approving the agreement for a three-year Enterprise Licensing subscription through SHI International Corp., for Microsoft, in the amount of$380,948.85, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the agreement for Fireworks Display on February 5, 2022, with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO, in the amount of$8,000.00, subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department, and ' authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving Change Order No. 1 to the i agreement with Wilson's Nursery, Inc., in the amount of an additional $303.00; and accepting Project 2021-112, 2021 Ash Tree Replacements, as complete and authorizing final payment in the amount of$35,351.00. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, accepting Project 2021-114, 146th Street Court Sanitary Sewer Improvements, as complete and authorizing final payment on the agreement with Insituform Technologies USA, LLC, in the amount of $95,336.00. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-216 approving revised 2022 Pay and Benefit Plan. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the 2022-2023 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 71, Police Officers, as attached to the Human Resources Manager's memo, and authorizing execution of the necessary documents. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the personnel actions as listed in the Personnel Report dated December 21, 2021. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, to pay the claims and bills, on the check register dated December 1, 2021, in the amount of$1,349,313.70; and December 8, 2021, in the amount of$904,297.55. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA PROCLAIM "APPLE VALLEY MID-WINTER FEST 2022" Recreation Supervisor Bird, of the Mid-Winter Fest Committee, was present and reviewed activities planned for this year's celebration. Most events are scheduled on February 5, 2022, at CITY OF APPLE VAI_LEY Dakota County, Minncsota Decembcr• ?1. �0?1 Page 4 Johnny Cake Ridge Park - West. Mr. Bird lh��nl:�,_1 i_1,�� r�,,3iiizati��n�� .�h�� u}��1-t �u��i ��«n��r this event. He then read the proclamation. MOTION: of Grendahl, seconded by Berbinan, pr�claiming �ebruar}� �, ?022, as �'Apple Valley Mid-Winter Fest 2022", declaring it a community festival, and encouraging citizens to support and participate in the celebration. Ayes - 4 -Nays - 0. ORDINANCE REGULATING ANIMALS Police Captain Francis gave the first reading of an ordinance amending Chapter 91 of the ( i t� Code regulating animals. The proposed amendment allows for digital exchange of informatioil and appeal notices, revised hearing and finding date timelines, and adds a non-refundable hearing fee. Discussion followed. MOTION: of Melander, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1104 amending Chapter 92 of the City Code regulating animals by modifying the requirements and regulations related to dangerous dogs and potentially dangerous dogs. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2021-217 approving an amendment to the Fee Schedule by adding a non-refundable hearing fee for potentially dangerous and dangerous dog hearings. Ayes - 4 -Nays - 0. COMMUNICATIONS Mr. Lawell reminded the public about the Economic Development Authority vacancy and encouraged those interested to submit an application to the City Clerk by 4:30 p.m. on January 14, 2022. He then gave accolades to the employees of the Public Works and Parks Departments for the remarkable job they did recently removing 16.5 inches of snow. Councilmember Bergman commended the Parks Department for the bowling with Santa event at Bogart's last Saturday and thanked Bogart's for the outstanding partnership. He noted there was also a good turnout at the high school ice arena on Sunday which was open for residents of all ages to ice skate. Mr. Carlson said they are still looking for warming house attendants and encouraged those interested to apply. At this time there are only enough attendants to open three warming houses. Mayor Hooppaw reminded everyone to be safe and stay off thin ice. He then thanked the paid on-call firefi�hters for the important ��ork thev d� and tlleir commitment to the communit��. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 2021 Page 5 CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Melander, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 7:23 o'clock p.m. Respectfully Submitted, � G1.Cl2A� Pamela J. ks er, City Clerk Approved by the Apple Valley City Council � � on 1/I 3/22 Clint Hooppaw, Mayor