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Home My WebLink About05/11/2017 CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2017 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 11, 2017, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff inembers present were: Assistant City Administrator Grawe, City Clerk Gackstetter, City Attorney Hills, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Police Captain Francis, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Planner/Econ. Dev. Specialist Sharpe, and Fire Chief Thompson. Mayor Hanann-Roland 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 Goodwin, removing item 4.F - Direct Urban Affairs Advisory Committee to Review Short-Term Rental Housing Ordinance from the agenda and approving the agenda for tonight's meeting, as amended. Ayes - 5 - Nays - 0. � AUDIENCE Mayor Hamann-Roland 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 Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda as amended. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of Apri127, 2017, as written. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-73 accepting, with thanks, the donation of$150.00 from Judy Dickerson for Use by Parks and CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2017 Page 2 Recreation Department for the purchase of a tree for Cobblestone Lake Park. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Goodwin, receiving the Parks and Recreation Department's 2016 annual report. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-74 approving revisions to the cemetery regulations. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-75 approving participation in the 2017 Minnesota Association of Cemeteries advertising campaign. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-76 authorizing the release of 1988 covenants on the Apple Valley Villa Apartments. Ayes - 4 - Nays - 0 - Abstain- 1 (Hooppaw). MOTION: of Bergman, seconded by Goodwin, approving the License Agreement with St. Paul Growers Association, Inc., for a Farmers Market in the Municipal Center parking lot on Saturdays from June 10 through October 28, 2017, from 6:30 a.m. to 2:00 p.m., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the License Agreement with the Metropolitan Council for Meter M644A Access, Maintenance and Repair of Structure. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-77 authorizing Master Partnership Contract with the Minnesota Department of Transportation and authorizing the Public Works Director to negotiate work order contracts under said contract. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-78 awarding the agreement for Project 2017-103, 2017 Micro Surfacing, to Fahrner Asphalt Sealers, LLC, the lowest responsible bidder, in the amount of$383,018.57. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Project 2017- 131, 2017 Concrete Removal &Replacement Services, with Ron Kassa Construction, Inc., in the amount of$25,156.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Intergovernmental Agreement with the Metropolitan Council, for 2017 Citizen-Assisted Lake Monitoring Program (CAMP), in the amount of$2,475.00, for Cobblestone Lake, Farquar CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2017 Page 3 Lake, Long 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 - S -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 and 2 to the agreement with Fendler Patterson Construction, Inc., in the amount of an additional $1,883.00; and accepting Administration Offices Service Counter project, as complete and authorizing final payment in the amount of$38,970.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1028 amending Chapter 95 of the City Code, regulating park hours. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal and part-time employees and resignation of employees as listed in the Personnel Report dated May 11, 2017. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated April 19, 2017, in the amount of$747,708.21, and Apri126, 2017, in the amount of$1,047.593.16. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA POPPY DAYS PROCLAMATION Ms. Hannah Cybart, representing the American Legion, Post 1776, Auxiliary Poppy Committee was present. She read the proclamation,proclaiming May 19-20, 2017, as "Poppy Days" and May 2017 as "Poppy Month". MOTION: of Grendahl, seconded by Hooppaw,proclaiming May 19-20, 2017, as "Poppy Days" and May 2017 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. 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 29, 2017, "Memorial Day". MOTION: of Hooppaw, seconded by Grendahl, acknowledging the Federal Proclamation of May 29, 2017, 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. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2017 Page 4 The Mayor then presented the "Memorial Day"proclamation to Mr. Cybart and the "Poppy Days" proclamation to Ms. Cybart. 2017 SPECIAL ASSESSMENT ROLL 650 Mr. Hedberg described Assessment Roll No. 650, totaling $155,625.54, 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 489 utility billing accounts. No written objections have been received. At the time the agenda was prepared,the revised total following prepayments was $119,205.94. Prepayments continue to be received. Mayor Hamann-Roland called the public hearing to order, at 7:14 p.m., on Special Assessment Roll No. 650. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:15 p.m. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-79 approving and levying 2017 Special Assessment Roll No. 650, delinquent utility accounts, in the amount of$119,205.94, minus any prepayments. Ayes - 5 -Nays - 0. VIVO STORAGE OF MOBILE FOOD UNIT IUP Mr. Sharpe reviewed the request by Vivo for an Interim Use Permit(IUP)to store a 34-foot-long mobile kitchen on Lots 1 and 2, Block 1, The Legacy of Apple Valley Third Addition(15435 Founders Lane). The Planning Commission reviewed this item on April 19, 2017, and voted unanimously to recommend approval. Discussion followed. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2017-80 approving an Interim Use Permit to allow storage of a 34-foot-long mobile food unit on Lots 1 and 2, Block 1, The Legacy of Apple Valley Third Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. Mr. David Peterson, Director of Community Development for Vivo, said they are committed to becoming an integral part of the community. COMMUNICATIONS Mayor Hamann-Roland commented on the State of the City address she gave yesterday and the positive remarks and recognition of the City Council by the Chamber of Commerce. Councilmember Goodwin requested the Mayor and/or all the City Council sign a letter of support regarding the structure of the Metropolitan Council. Following discussion, the Mayor said she will sign the letter of support. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2017 • Page 5 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 Grendahl, seconded by Bergman, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:28 o'clock p.m. Respectfully Submitted, A,CXLO�iV Pamela J. G st er, City Clerk ,:,�� -- Approved by the Apple Valley City Council - on 5- 2.5- I� Mar - and, ayor • �