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Home My WebLink About10/11/2018 CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2018 Minutes of the regular meeting of the Gity Council of Apple Valley, Dakota County, Minnesota, held October 11, 2018, 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, Planner Bodmer, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Police Chief Rechtzigel, Acting Fire Chief Russell, and Public Works Director Saam. 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 Goodwin, seconded by Grendahl, 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. Mr. Gene Rechtzigel, 6533 160th Street W., addressed the Council, commented on a variety of topics, and asked for a variance for his fence. 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 Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of September 27, 2018, as written. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving a change in manager for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, in connection CITY OF APPLE VALLEY Dakota County, Minnesota October 1 l, 2018 Page 2 with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses at 7638 150th Street W., naming Carmen Nunez as General Manager; as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving a change in manager for Vivo Restaurants, LLC, d/b/a Vivo, in connection with the On-Sale Intoxicating Liquor License at 15435 Founders Lane,naming Carolyn Mae Tichich as General Manager, and David Michael Peter Johnson as Beverage Manager; as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-149 approving the Public Works Department Policy Manual, Section 5.02 - Maintenance Personnel Uniform Policy and Section, 5.03 -Non-Union Personnel Uniform Policy. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw,proclaiming October 24, 2018, as "World Polio Day" in Apple Valley and encouraging the community to support the Rotary effort to eradicate polio. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving release of subdivision financial guarantees for Quarry Ponds Fourth Addition and Presbyterian Homes at Cobblestone Lake, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving release of the Natural Resources Management Permit financial guarantee for Hunter Forrest, as listed in the Natural Resources Coordinator's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No.2018-150 approving an Interim Use Permit temporarily amending Conditional Use Permit 2013-60, allowing the storage of volleyball sand from October 1, 2018, to April 1, 2019, for Bogart's Entertainment Center, located at 14917 Garrett Avenue, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-151 approving an Interim Use Permit allowing a temporary sign for one year to cover existing exterior sign, for Bogart's Entertainment Center, located at 14917 Garrett Avenue, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-152 approving the final plat for Surrey Trail Addition(129 and 135 Surrey Trail South), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2018 Page 3 MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No.2018-153 approving plans and specifications for Project 2018-156, Apple Valley Sports Ice Arena 2019 Ice System Replacement, and authorizing advertising for receipt of bids, at 2:00 p.m., on November 8, 2018,via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the agreement for Apple Valley Fire Station One Bay Floor with JWS Corporation, LLC, in the amount of $21,300.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 1 to the agreement with G.F. Jedlicki, Inc., for Project 2018-104, 2018 Utility Improvements, in the amount of an additional $56,966.00. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 1 to the agreement with Clean `N Seal, Inc., in the amount of an additional $632.00; and accepting Project 2018-128, 2018 Concrete Cleaning & Sealing Services, as complete and authorizing final payment in the amount of$20,382.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw accepting Project 2018-103, 2018 Micro Surfacing, as complete and authorizing final payment on the agreement with Fahrner Asphalt Sealers, LLC, in the amount of$12,181.18. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Project 2018-138, Outdoor Pool Water Management, as complete and authorizing final payment on the agreement with Hawkins, Inc., in the amount of$39,817.50. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Project 2018-148, 2018 Quarry Point Fence Extension, as complete and authorizing final payment on the agreement with Dakota Unlimited, Inc., in the amount of$12,168.00. Ayes - 5 - Nays - 0. MOTION: of Bergman seconded by Hooppaw, adopting Resolution No. 2018-154 amending the 2018 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-155 approving the City's contributions towards employee health/dental/life insurances for benefit-eligible non-union employees and elected officials covered by the Pay and Benefit Plan effective January 1, 2019. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated October 11, 2018. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2018 Page 4 MOTION: of Bergman, seconded by Hooppaw, approving the claims and bills, check registers dated September 19, 2018, in the amount of$3,081,997.69., and September 26, 2018, in the amount of$706,235.92. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA Ms. Karen Kirkman, Ms. Tasha Wells, and Mr. Bill Tschohl, Rotary Club of Apple Valley representatives, were present. Mayor Hamann-Roland presented them with the"World Polio Day"proclamation. Ms. Wells read the proclamation. Ms. Kirkman invited everyone to a World Polio Day wine tasting fundraiser at GrandStay Hotel & Conference on October 24, 2018, from 7:00 p.m. to 9:00 p.m., and to the End Polio Now spaghetti dinner and silent auction fundraiser at Apple Valley American Legion on January 27, 2019, from 1:00 p.m. to 4:00 p.m. Mr. Tschohl commended the Council and staff on the great leadership in Apple Valley. THE PEAR AT VALLEYWOOD ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by Pear One, Inc., d/b/a The Pear at Valleywood for On- Sale Intoxicating Liquor and Special License for Sunday Liquor Sales as described in her memo. The restaurant is located at 4851 McAndrews Road. 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 7:18 p.m. to consider the application by Pear One, Inc., dlb/a The Pear at Valleywood, 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 7:19 p.m. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-156 approving issuance of a 2018 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to Pear One, Inc., d/b/a The Pear at Valleywood, for premises located at 4851 McAndrews Road. Ayes - 5 -Nays - 0. 2018 SPECIAL ASSESSMENT ROLL 655 Mr. Hedberg described Special Assessment Ro11655, originally totaling $167,021.21, for delinquent utility account charges. From the 553 delinquent accounts,the City has received approximately $45,961 in prepayments to date. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. No written objections have been received to date. Mayor Hamann-Roland called to order the public hearing on Special Assessment Roll No. 655, at 7:22 p.m. She asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:23 p.m. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2018-157 approving and levying 2018 Special Assessment Roll No. 655, for delinquent CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2018 Page 5 utility account charges, in the original amount of$167,021.21,minus any prepayments. Ayes- 5 -Nays - 0. 2018 SPECIAL ASSESSMENT ROLL NO. 656 Mr. Hedberg described Assessment Roll No. 656,totaling $1,098.92, for delinquent tree removal. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. No written objections have been received and there have been no prepayments. Mayor Hamann-Roland called the public hearing to order, at 7:24 p.m., on Special Assessment Roll No. 656. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:25 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-158 approving and levying 2018 Special Assessment Roll No. 656, for delinquent tree removal, in the amount of$1,098.92,minus any prepayments. Ayes - 5 -Nays - 0. 2018 SPECIAL ASSESSMENT ROLL 657 Mr. Hedberg described Assessment Roll No. 657,totaling $1,124.00, for delinquent false alarms. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. No written objections have been received and there has been one prepayment to date. Mayor Hamann-Roland called the public hearing to order, at 7:25 p.m., on Special Assessment Roll No. 657. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:26 p.m. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2018-159 approving and levying 2018 Special Assessment Roll No. 657, for delinquent false alarms, in the amount of$1,124.00, minus any prepayments. Ayes - 5 - Nays - 0. ORDINANCE AMENDING CHAPTER 155 Ms. Bodmer gave the first reading of an ordinance amending Chapter 155 of the City Code related to impervious and building coverage on one-and two-family lots and within the Shoreland Overlay District. The Planning Commission reviewed this item at its meeting on September 19, 2018, and voted unanimously to recommend approval. MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1050 Chapter 155 of the City Code related to impervious and building coverage on one- and two-family lots and within the Shoreland Overlay District. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2018 Page 6 • Councilmember Goodwin commented on how the hard surfaces negatively impact Apple Valley's water bodies. Vote was taken on the motion: Ayes - 5 -Nays - 0. COMMUNICATIONS Mayor Hamann-Roland thanked the Fire Department for their efforts in connection with fire prevention week. Mr. Lawell congratulated resident Dean Davis for being selected Outstanding Conservationist of Dakota County by Dakota County Soil and Water Conservation District(SWCD) staff and supervisors. Councilmember Grendahl commended the Police Department for their recent efforts in apprehending the suspects in connection with armed robberies in Apple Valley and neighboring communities and the suspects that were breaking into Apple Valley homes. Police Chief Rechtzigel added that it was a great team effort to bring these incidents to a quick close. CALENDAR OF UPCOMING EVENTS • MOTION: of Bergman, seconded by Grendahl, approvmg 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 Hooppaw,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:41 o'clock p.m. Respectfully Submitted, P �a.c�l?,o�'c,u Pamela J. Gac ette ity Clerk Approved by the Apple Valley City Council on 10-25-1 S M H olan , Mayor •