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HomeMy WebLinkAbout01/13/2022 CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 13, 2022, at 7:00 o'clock p.m., at Apple Valley Municipal Center. 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 Francis, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. 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 Bergman, 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. 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. MOTION: of Melander, seconded by Goodwin, approving all 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 December 21, 2021, as written. Ayes - 4 -Nays - 0 - Abstain - 1 (Goodwin). MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-1 accepting, with thanks, the donation of$500.00 from Julia Thompson for use by the Police Department. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2022 Page 2 MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-2 designating Dakota County Tribune as the official newspaper of the City of Apple Valley for the year 2022. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-3 designating the City's website as the official website for the dissemination of solicitations of transportation project bids in 2022. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-4 designating U.S. Bank NA as the official depository for City funds for the year 2022. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-5 designating as additional depositories for City funds for the year 2022: Wells Fargo Securities, LLC; Wells Fargo Bank,NA; 4M Fund;Northland Securities, Inc.; RBC Capital Markets Corporation; Robert W. Baird & Co., Inc.; Moreton Capital Markets, LLC; U.S. Bancorp Investments, Inc.; Old National Bank; Merchants Bank, NA; and MidCountry Bank. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-6 designating U.S. Bank Institutional Trust as Safekeeping Custodian. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-7 authorizing electronic funds transfer transactions. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Electronic Funds Transfer Policy and Procedures, as attached to the Finance Director's memo. Ayes - 5 - , Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting the Policies and Procedures for I Federal Awards Administration, as attached to the Finance Director's memo. Ayes - 5 -Nays - 0. I MOTION: of Melander, seconded by Goodwin, approving the City Council committee appointments and assignments for 2022, as attached to the City Administrator's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, appointing Clint Hooppaw and Pamela Gackstetter as statutory members to the Apple Valley Firefighters Relief Association(AVFRA) Board of Trustees for the year 2022, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-8 authorizing the City Clerk to appoint Deputy City Clerks for 2022 election administration. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2022 Page 3 MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-9 setting a public hearing, at 7:00 p.m., on February 10, 2022, to consider vacating right-of- way at Gardenia Avenue and 151 st Street W., abutting 7125 151 st Street W. Ayes - S -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-10 approving amendments to the Joint and Cooperative Agreement of the Municipal Legislative Commission. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, approving Amendment No. 1 to the Professional Services Agreement with CNH Architects, Inc., for Apple Valley Fire Station#2 Replacement& Station #1 and#3 Health and Safety Improvements. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Professional Services Agreement with Terra General Contractors, LLC, d/b/a Terra Construction for Apple Valley Fire Station#2 Replacement & Station#1 and#3 Health and Safety Improvements, in an estimated amount of$796,375 plus 1.5% of the cost of construction, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Joint Powers Agreement with Dakota County for Sentenced to Service Program Work Crews for 2022, as attached to the Parks and Recreation Director's memo, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Agreement for Projecf 2022- 116, 2022 Right-of-Way Tree Pruning, with Sav-A-Tree, LLC, in the amount of $25,826.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-11 approving Amendment No. 1 and No. 2, which amends the plans and specifications for Project 2022-124, Valleywood Golf Course Improvements and Irrigation System. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 2 to the Agreement with Met-Con Construction, Inc., for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter, in the amount of an additional $8,353.87. Ayes - S -Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts, as CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2022 Page 4 complete and authorizing final payment on the Agreement with McNamara Contracting, Inc., in the amount of$41,290.43. Ayes - 5 - Nays - 0. ' MOTION: of Melander, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated January 13, 2022. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, to pay the claims and bills, check registers dated December 15, 2021, in the amount of$1,533,896.05, December 22, 2021, in the amount of$2,592,809.45, and December 28, 2021, in the amount of $718,312.43. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA I ORDINANCE REGULATING ANIMALS Mr. Nordquist introduced this item and provided background information. He asked the City Council to determine whether Chapter 91 of the City Code, regulating Animals, should be amended to allow the harboring of chickens on properties other than Agricultural-zoned properties. He provided a summary of public feedback in support of and in opposition to this change. He also commented on the draft ordinance that the Urban Affairs Advisory Committee worked on and explained what other communities allow. Councilmember Goodwin questioned what obligations or liabilities the City would have if it allowed chickens but not other farm animals. Mr. Dougherty responded that there would need to be a rational basis as to why one particular animal is allowed and another is not. Councilmember Melander pointed out Apple Valley is no longer a rural location, but a City. He questioned how this would be policed and whether this would open the door for a number of difficulties. Councilmember Grendahl said she has received many comments from residents who do not want chickens allowed. She commented on the minimum lot sizes and other requirements other cities ' impose. She noted that there are many variables. Discussion followed. Mayor Hooppaw said some cities require approval from the owners of neighboring properties and , believes that would be messy. Mr. Dougherty said Apple Valley, as a statutory city, cannot do that. Decisions cannot be left to neighbors; only the Council can decide when rules and regulations become effective. � CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2022 Page 5 Mr. Andy Riesgraf, 14345 Eveleth Avenue, commented on the draft ordinance the Urban Affairs Advisory Committee worked on. He feels the Council is ignoring all the work that Committee did over the last year. He does not feel the Planning Commission had the background. He asked the Council to allow all properties to have chickens, not just 40,000 sq. ft. properties. Ms. Colette DeFaww Joncas, 5811 130th Street Ct., commented on the Council's concerns that allowing chickens is a slippery slope. She said the number of residents who will actually raise chickens is a tiny percentage. She described why they would like to raise chickens. Mr. Oliver Joncas, 5811 130th Street Ct., contrasted the difference between people who want to have chickens as pets versus agricultural farm animals. Mr. Nordquist described the review process by the Planning Commission. Councilmember Bergman thanked all those who gave input on this issue in 2U1�1 as well as in the last two years. Councilmember Goodwin noted the Planning Commission did not have the background of the Urban Affairs Advisory Committee, but the Urban Affairs Advisory Committee did not have the background of the Planning Commission. He noted that there are already a number of regulations and setbacks on properties which may cause smaller lots to be left out. Councilmember Grendahl asked if lots in Cobblestone Lake would qualify if a 50 ft. setback was required. Mr. Nordquist stated that it would be challenging for small lots to meet larger setbacks requirements. He added that homeowner associations can choose not to allow chickens even if it is permitted by the City. Mayor Hooppaw said a lot of thought has gone into this in 2014 and the last couple of years. Then he thanked the public for participating. Ms. DeFaww Joncas asked the Council not to use lot size as an excuse to say no. She is okay with a decision that only allows larger properties to have chickens if that is the first step to getting the information or data the Citv needs in order to prove that it may work for all properties. Discussion continued. MOTION: of Melander, seconded b�� Goodwin, allo«�in� the harborin� of�chickens on Agricultural-roned properti�s. Ma�or Hooppa��� said the Council has heard f�rom folks on both sid�s on this topic. E3� appreciates everyone's work on this matter and thanked those that spoke this evening. Vote was taken on the motion: Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2022 Page 6 2022 ACTING MAYOR Ms. Gackstetter introduced this item. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2022-12 appointing Councilmember Goodwin to serve as Acting Mayor, in the absence of the Mayor, for the year 2022. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Carlson reviewed the activities scheduled for Mid-Winter Fest on February 5, 2022, at Johnny Cake Ridge Park—West. Mayor Hooppaw said the Council has received a handful of emails from residents on both sides of the mask mandate controversy. He said the City Attorney has advised that Apple Valley, as a statutory city, does not have the authority to impose a City-wide mask mandate. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, 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 Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:18 o'clock p.m. Respectfully Submitted, I� at.C.�e,o� Pamela J. G c ste , City Clerk Approved by the Apple Valley City Council �/�'�''� on 1 2"7/22 Clint Hooppaw, Mayor