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Home My WebLink About08/24/2017 CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2017 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 24,2017, 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: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Public Works Superintendent Blommel Johnson, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, Planner/Econ. Dev. Specialist Sharpe, and Fire Chief Thompson. Mayor Hamann-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 Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as presented. 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. Ms. Michelle Lee, 7841 Hallmark Way, commented on a violation letter she received due to a permanent basketball stand in the right-of-way on her property. Mr.Nordquist offered to set up a meeting with Ms. Lee to review the matter. 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 Hooppaw, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2017 Page 2 MOTION: of Hooppaw, seconded by Goodwin, approving the minutes of the regular meeting of August 10, 2017, as written. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving a change in the club board members for Apple Valley American Legion, Post 1776, in connection with the On-Sale Club License and Special License for Sunday Liquor Sales, at 14521 Granada Drive, naming Rodney Victor Southwick as Sergeant at Arms and Stephen Gerard Thell as Operations Group, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin,proclaiming September 29, 2017, "Octoberfest," as a community festival in Apple Valley, and authorizing temporary signage for this event, as described in the Parks and Recreation Director's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving the release of financial guarantees for Quarry Ponds Second Addition and Quarry Ponds Third Addition, and the reduction of financial guarantees for Embry Place Second Addition from $196,250.00 to $65,000.00, and Embry Place Third Addition from $505,281.00 to $113,688.00, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2017-122 approving an Interim Use Permit for a secondary driveway access which does not lead to a garage on Lot 16, Block 1, Royal Oak Estates (13199 Galleria Place), subject to conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2017-123 awarding the agreement for Project 2017-106, 2017 Lebanon Cemetery Grading Plan, to Rachel Contracting, Inc., in the amount of$84,382.50. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2017-124 approving the Joint Powers Agreement with the State of Minnesota on behalf of its City Attorney and Police Department, for access to Statewide and Federal Databases, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving the Agreement with A-1 Recycling, Inc., for recycling collection services for Fall Clean-Up Day, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving the Project Development Agreement with Ameresco for capital building project development, with minor CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2017 Page 3 modifications as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving the First Amendment to 2017 Municipal Cleaning Services Agreement with Universal Cleaning Services, Inc., to include cleaning services for the Central Maintenance Facility and Water Treatment Plant, for a total monthly cost of$940.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, accepting Apple Valley Family Aquatic Center Supplemental Electrical Service—2017, as complete and authorizing final payment on the agreement with NEO Electrical Solutions, LLC, in the amount of $13,200.00. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2017-125 amending the 2017 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving hiring the seasonal, part-time, and paid on call volunteer employees, promotion of full time employee, and retirement of employee, as listed in the Personnel Report dated August 24, 2017. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, to pay the claims and bills, check registers dated August 2, 2017, in the amount of$757,238.17, and August 9, 2017, in the amount of$1,100,308.06. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PR'S SPORTS BAR ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales as described in her memo. The restaurant is located at 14889 Florence Trail. She noted receipt of the affidavit of publication of the hearing notice. The Police and Fire Departments completed background and site investigations and found no reason the licenses could not be authorized at this time. Mayor Hamann-Roland called the public hearing to order at 7:07 p.m. to consider the application by MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:08 p.m. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2017-126 approving issuance of a 2017 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to MJA Restaurants Apple Valley, LLC, d/b/a CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2017 Page 4 PR's Sports Bar, for premises located at 14889 Florence Trail, for the period of August 28, 2017,through December 31, 2017. Ayes - 5 -Nays - 0. Mr. Mike Adams, owner, and Mr. Mike Mussell, General Manager, of PR's Sports Bar, addressed the City Council. Mayor Hamann-Roland welcomed them to Apple Valley. VALLEY BUSINESS PARK VACATION Mr. Lovelace presented information regarding the proposed vacation of a blanket drainage and utility easement and a portion of a 35-foot wide utility easement on Outlot C, Valley Business Park. The outlot is part of the 28-acre Valley Business Park development, located northwest of the intersection of Pilot Knob Road (CSAH 31) and CSAH 42. Mayor Hamann-Roland called the public hearing to order, at 7:15 p.m., to consider vacating drainage and utility easements on Outlot C, Valley Business Park. The Mayor asked for questions or comments from the Council and the public. Mayor Hamann-Roland noted the applicant indicated at a previous Economic Development Authority meeting that it would be in the best interest of the applicant and the City to clean up the tractor trailers on the property. She inquired if staff knew anything more about that. Mr. Lovelace stated he is unsure what has transpired since that time. The Mayor asked for additional questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:17 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2017-127 completing vacation of the drainage and utility easements on Outlot C, Valley Business Park, and authorizing the City Clerk to record the necessary documents. Ayes - S -Nays - 0. PROJECT 2016-101, WATER METER REPLACEMENT Mr. Saam introduced this item and provided a brief history regarding the water meter replacement project. After a thorough review and evaluation of the proposals utilizing the best- value bidding process, Mueller Systems, LLC, was identified as the vendor best meeting the requirements. He noted once the project is awarded, it will take approximately two years to complete the installations. Discussion followed. Councilmember Hooppaw noted this has been a long-term,planned replacement of aging equipment with on-going discussions over the last couple years. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2017 . Page 5 Discussion continued. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2017-128 awarding the agreement for Project 2016-101, Water Meter Replacement, to Mueller Systems, LLC, based on best-value bidding for technical specifications, cost, and software demonstration, in the amount of$4,268,854.00. Ayes - 5 -Nays - 0. EDUCATION BUILDING RENOVATION Mr. Nordquist introduced this item and provided a brief history. He then presented information on the Education Building Renovation project, which is the old City Hall building, at 14200 Cedar Avenue. He reviewed current building conditions,plans, budget, and leasing details. The planning is currently for two tenants: St. Mary's University and MacPhail. Discussion followed regarding a potential patio, placement of the "Joy of Music" statues, parking, planter islands, and funding. MOTION: of Grendahl, seconded by Hamann-Roland, adopting Resolution No. 2017-129 approving plans and specifications for Education Building Renovation at 14200 • Cedar Avenue, and authorizing advertising for receipt of bids, at 10:00 a.m., on September 19, 2017, via a posting on the City's website and Quest Construction Data Network. Discussion continued. Councilmember Hooppaw said he has voiced his opposition to the City being in the commercial real estate business previously and his opinion has not changed based on what he has heard tonight. He clarified he has no issue with St. Mary's or MacPhail, stating he is thrilled they are in Apple Valley. Vote was taken on the motion: Ayes - 4 -Nays - 1 (Hooppaw). COMMUNICATIONS Councilmember Hooppaw commented on the Interim Use Permit approved on the consent agenda, stating that was a good example of exactly what Council asked staff to do to help residents remain in their homes versus use of temporary structures. Fire Chief Thompson invited the public to participate in the Apple Valley Firefighters Relief Association's Tour de Apple Valley community bike ride on September 9, 2017, starting at 10:00 a.m. at Kelley Park. � Mr. Lawell reminded everyone the City is currently accepting applications through September 14, 2017, for the vacancy on the Economic Development Authority. He also CITY OF APPLE VALLEY Dakota County, Minnesota August 24,2017 Page 6 • provided information regarding transportation by the Minnesota Valley Transit Authority (MVTA) to the Minnesota State Fair. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Goodwin, approving the calendar of upcoming events as included in the 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 Hooppaw,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:10 o'clock p.m. Respectfully Submitted, RLYVI�LI.- Pamela J. G ste , City Clerk � Approved by the Apple Valley City Council • on 9-l 4-17 y H -Rol d, May � •