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Home My WebLink About06/14/2018 CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Minutes of the regular meeting of the City Council of Apple Va11ey, Dakota County, Minnesota, held June 14, 2018, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Hooppaw. ABSENT: Councilmember GrendahL City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel,Acting Fire Chief Russell, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. 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 Bergman, seconded by Hooppaw, approving the agenda for tonight's meeting, as presented. Ayes -4 -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 Goodwin, seconded by Bergman, approving all items on the-consent agenda with no exceptions. Ayes -4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of May 24, 2018, as written. Ayes-4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to Apple Valley Rotary Scholarship Foundation, for use on October 13, 2018, at Apple Valley Ford Lincoln, 7200 150th Street W., and waiving any waiting period for State approval. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Page 2 MOTION: of Goodwin, seconded by Bergman, authorize acceptance of community grant award, in the amount of$1,500.00 from Walmart Facility#2642 for use by the Fire Department to support the hands-only CPR program. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the 2019 Budget Calendar and setting a special informal City Council meeting, at 5:30 p.m., on August 23, 2018. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-70 adopting and reporting performance measures for 2018. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2018-71 authorizing City Clerk to appoint Deputy City Clerk's for 2018 election administration. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-72 establishing parking restrictions and road closures for Freedom Days celebration events. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing temporary parking at Kelley Park for special events, as described in the Police Captain's memo. Ayes-4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-73 authorizing preparation of a Feasibility Study for Project 2018-106, 147th Street W. and Glazier Avenue Intersection Improvements. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the release of Naiural Resources Management Permit financial guarantee for Remington Cove Apartments(Phase 2), as listed in the Natural Resources Coordinator's memo. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-74 approving an 8-foot variance from the 30-foot rear yard setback on Lot 6, Block 1, Pilot Knob Estates Third Addition(14386 Embry Court)to allow construction of a four-season porch,with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-75 approving a 2-foot 6-inch variance reducing the side yard setback from 5 feet to 2 feet 6 inches, and a 5-foot 6-inch variance reducing the rear yard setback from 10 feet to 4 feet 6 inches on an accessory structure for an existing shed on Lot 6, Block 1, Pilot Knob Estates Third Addition(14386 Embry Court),with conditions as recommended by the Planning Commission. Ayes -4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Page 3 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-76 approving the final plat and Development Agreement for Quarry Ponds Fifth Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2018-77 approving the Planned Development Agreement for Quarry Ponds Fifth Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2018-78 awarding the Agreement for Project 2016-138, Signal Modifications at 140th Street and Galaxie Avenue,to McNamara Contracting, Inc.,the lowest responsible bidder, in the amount of$668,832.50. Ayes - 4 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-79 accepting easements for Project 2016-138, Signal Modifications at 140th Street and Galaxie Avenue. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-80 awarding the Agreement for Project 2018-110, Lebanon Cemetery Roadway and Infrastructure Improvements,to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of$373,990.60. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-81 rejecting bids for Project 2018-109, Lebanon Cemetery Boundary Fence, due to bids being higher than estimated costs and not beneficial to the City. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Dakota Communications ' Center Management Agreement with Dakota County Sheriff's Office, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for the development of a Master Plan for Kelley Park with Confluence, Inc., in an amount not to exceed$8,500.00, and authorizing the Parks and Recreation Director to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Apple Valley Mobile Command Van with LDV, Inc., in the amount of$260,567.00, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for 2018 Citizen Assisted Lake Monitoring Program with Metropolitan Council, in the amount of $2,475.00, and authorizing the Mayor and City Cierk to sign the same. Ayes -4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Page 4 MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2018- 129, 2018 Fence & Light Pole Reconditioning Services, with Budget Sandblasting and Painting, Inc., in the amount of$67,278.75, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2018- 148, 2018 Quarry Point Fence Extension, with Dakota Unlimited, Inc., in the amount of$12,168.00, and authorizing the Mayor and City Clerk to sign the ' same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the Agreement with Jirik Sod Farms, in the amount of an additional $12,474.00; and accepting Project 2018-127, 2018 Sod Replacement Services, as complete and authorizing final payment in the amount of$25,014.00. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the Agreement with Avolve Software Corporation, in the amount of an additional $1,344.30, and accepting Building Inspections Plan Review Software as complete and authorizing final payment in the amount of$21,943.24. Ayes - 4 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, accepting Police Lobby Front Desk Remodel as complete and authorizing final payment on the Agreement with Fendler Patterson Construction, Inc., in the amount of$26,748.00. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated June 14, 2018. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Bergman,to pay the claims and bills, check registers dated May 22, 2018, in the amount of$848,789.98; May 23, 2018, in the amount of$2,252,277.93 and June 1, 2018, in the amount of$223,137.24. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA DONATION OF CLOCK TOWER FROM APPLE VALLEY ROTARY Mr. Bernstein introduced this item. Rotarians Mike Garrison and John Dusek presented information regarding the decorative clock tower the Apple Valley Rotary Club would like to donate to the City for installation in Kelley Park. The City will need to construct a base for the clock,provide the electrical service, and install and maintain landscaping. Mayor Hamann-Roland thanked the Rotary for their generous donation and said the proposed clock is a beautiful, artistic piece. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 . Page 5 Discussion followed. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No.2018-82 accepting, with thanks,the donation of a clock tower from the Apple Va11ey Rotary, for use by the Parks and Recreation Department. Ayes -4 -Nays - 0. CHARTER CABLE FRANCHISE Mr. Grawe provided background information on franchising. He then summarized the renewal process with Charter Communications and highlighted key elements of the proposed ordinance granting a 10-year franchise renewal to Charter Cable Partners, LLC. Lastly, he explained the rationale behind the new proposed PEG fee. Discussion followed. MOTION: of Goodwin, seconded by Bergman,waiving the procedure for a second reading and passing Ordinance No. 1046 granting a franchise renewal to Charter Cable Partners, LLC, (f/k/a Charter Communications)to construct, operate, and maintain a cable system. Ayes -4 -Nays - 0. � MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-83 approving the summary publication of cable Ordinance No. 1046. Ayes - 4 -Nays - 0. Mr. Patrick Haggerty, Charter Communications representative, addressed the Council and thanked Mr. Grawe and Mr. Klausler for their professionalism and transparency during this process. COMMUNICATIONS Mr. Lawell reminded everyone the "Music in Kelley Park" concert series begins this Friday from 6:00 p.m. to 9:00 p.m. CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, seconded by Bergman, 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 Hooppaw,to adjourn. Ayes -4 -Nays - 0. The meeting was adjourned at 7:31 o'clock p.m. • CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Page 6 • Respectfully Submitted, P Pamela J. Ga te , City Clerk Approved by the Apple Valley City Council � on �—28—1$ M Ham - and, ayor • •