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Home My WebLink About02/10/2022 CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 10, 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, Water Resources Specialist Berger, Planner Bodmer, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, Public Works Director Saam, and Natural Resources Coordinator Schaum. 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. Mr. Bill Butler commented on the number of incidents occurring at Panino Brothers and voiced concern for the safety of his employees and clients as well as his business reputation. He asked what is being done to stop this disturbing pattern of activity. Discussion followed. Ms. Sheila Grabosky commented on the City's decision to participate in the Opioid Settlement Agreement. She asked that a percentage of the settlement money be allocated for people with intractable pain. Discussion followed. 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. CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2022 Page 2 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 January 27, 2022, as written. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, receiving the Cemetery Advisory Committee's 2021 annual report. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the 2021 annual commercial extraction permit for Fischer Sand & Aggregate, LLP, Fischer Mining, LLC, subject to adhering to all applicable City ordinances and approved conditional use permits; and authorizing the City Administrator to consider and approve a limited number of modifications to hours of hauling outside of those hours permitted by City Code and approved conditional use permit, upon request by the permit holder. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-20 approving the Alternative Urban Areawide Review(AUAR) 2021 Update and Mitigation Plan for Rockport, LLC. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, authorizing soliciting request for proposals for Apple Valley Family Aquatic Center Master Plan Project, related to a potential Parks Bond Referendum. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-21 approving plans and specifications for Project 2022-101, 2022 Street& Utility Improvements; and authorizing advertising for receipt of bids, at 10:00 a.m., on March 8, 2022, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-22 approving plans and specifications for Project 2022-104, 133rd Street W. (Galaxie to Flagstaf� Street & Utility Improvements; and authorizing advertising for receipt of bids, at 12:00 p.m., on March 8, 2022, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-23 approving plans and specifications for Project 2022-107, Greenleaf 6th & 7th Addition (Phase 1) Street Improvements; and authorizing advertising for receipt of bids, at 2:00 a.m., on March 8, 2022, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. I CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2022 Page 3 MOTION: of Melander, seconded by Goodwin, approving the Joint Powers Agreement with ' Dakota County for State Health Improvement Program (SHIP) Grant, for $15,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Professional Services Agreement with Confluence, Inc., for professional services related to Park(s) Master Planning, in an estimated amount of$74,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Professional Services Agreement with 292 Design Group, Inc., for professional services related to Facility Master Planning, in an amount not to exceed $40,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 1 to the agreement with Fendler Patterson Construction, Inc., in the amount of an additional $1,231.00, and accepting AV Liquor Store 1 —Breakroom Remodel project as complete and authorizing final payment in the amount of$18,420.00. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting Apple Valley Liquor— Store 2 as complete and authorizing final payment on the agreement with Fendler Patterson Construction, Inc., in the amount of$39,811.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, setting a special informal City Council meeting, at 5:30 p.m., on February 24, 2022, at the Municipal Center. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated February 10, 2022. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, to pay the claims and bills, check registers dated January 19, 2022, in the amount of$1,567,126.15, and January 26, 2022, in the amount of$1,225,539.62. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 2021 RAINWATER REWARDS PROGRAM REVIEW Ms. Berger introduced this item and provided a brief overview of the program and rewards. She reviewed the three projects funded and completed in 2021 under the Rainwater Rewards Program. She also described the City's native vegetation planting efforts. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2022 Page 4 GARDENIA AVENUE & 151 ST STREET VACATION ' Ms. Bodmer asked that the request by Apple Ford Lincoln Apple Valley and Apple Auto Properties/Gulbrandson Real Estate for the vacation of Gardenia Avenue and 151 st Street W. rights-of-way abutting 7125 151 st Street W. be continued. MOTION: of Goodwin, seconded by Grendahl, postponing the public hearing to consider vacating Gardenia Avenue and 151 st Street W. rights-of-way abutting 7125 151 st Street W. to March 10, 2022. Ayes - 5 - Nays - 0. COMMITTEE/COMMISSION VACANCIES Ms. Gackstetter reviewed her memo acknowledging completion of service by Parks and Recreation Advisory Committee Member Josh Gaffke, Planning Commissioner Tim Burke, and Urban Affairs Advisory Committee Member Linda Blake at the end of their term. This will create one vacancy on each Committee/Commission with a term expiring March 1, 2025. She said the Council may wish to extend an invitation to individuals interested in serving on any Committee/Commission to submit an application to the City Clerk by March 11, 2022. MOTION: of Grendahl, seconded by Bergman, acknowledging the completion of service by Parks and Recreation Advisory Committee Member Josh Gaffke, Planning Commissioner Tim Burke, and Urban Affairs Advisory Committee Member Linda Blake, and thanking them for their dedicated service to the City of Apple Valley, directing staff to post the vacancies, and inviting individuals interested in serving on any Committee/Commission to submit an application to the City Clerk by March 11, 2022. Ayes - 5 -Nays - 0. Councilmember Melander said he served with Tim Burke over 20 years on the Planning Commission and thanked him for his volunteer service and the terrific job he has done. APPOINT ECOMONIC DEVELOPMENT AUTHORITY COMMISSIONER Ms. Gackstetter reviewed her memo regarding the Economic Development Authority vacancy. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Tom Flake, Jodi Kurtz, Paul Scanlan, and James Wrobleski. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Bergman, accepting the four nominations for the Economic Development Authority and amending the previously adopted appointment process to reduce the number of candidates by selecting two fewer candidates than total names appearing on the ballot for the first round. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2022 Page 5 The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Attorney announced that the two names remained. 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 Jodi Kurtz received the majority of votes. , MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2022-24 appointing � Jodi Kurtz to the Economic Development Authority for a term expiring March 1, 2025. Ayes - 5 -Nays - 0. Mayor Hooppaw thanked all the applicants who applied and expressed interest in the position. During the counting of the votes, Mr. Saam announced Dakota County is hosting an open house on February 17, 2022, from 6:30 - 8:30 p.m. at East Lake Elementary, on the proposed reduced conflict intersection at 160th Street W. and Diamond Path. Mr. Lawell reminded the public of the vacancy on the Cemetery Advisory Committee and invited those interested to apply. COMMUNICATIONS Mayor Hooppaw and Mr. Lawell thanked everyone who worked on Mid-Winter Fest. The Council acknowledged it was a great event. Mayor Hooppaw extended condolences to the family of Bruce Erickson, former City employee and Chief of Police. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, 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 Grendahl, seconded by Melander, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:59 o'clock p.m. Respectfully Submitted, P o�c,le,o�.e"n, Pamela J. G 1 te �', City Clerk V 11 Cit Council �.�^�^ A p p r o v e d b y t h e A p p l e a e y y ��a� on 2/2�/ZZ . Clint Hooppaw, Mayor