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Home My WebLink About10/25/2018 CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 25, 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, Police Captain Bertnel, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Francis, 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 led by Girl Scouts Chesney DeMars, Kourtlyn Engen, Seraphina Garcia, Aubrey Nickelson, Anne Rasmussen, and Paige Stensaas from Troop 57594. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman,removing item S.0 - T&D Choice, LLC, d/b/a Phovalley Cuisine, 7538 149th Street W. 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. Mr. Gene Rechtzigel said he is cutting down his fence to seven feet. He requested a letter from the City to jurisdictions stating his fence conforms to the building code after being cut down. Mr. Dougherty stated communications will be provided to the necessary jurisdictions. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Grendahl requested item 4.I be removed for additional discussion. MOTION: of Bergman, seconded by Hooppaw, moving consideration of item 4.I - Direct Urban Affairs Advisory Committee to Review and Provide Recommendations on Animal Control Ordinance and Keeping of Chickens to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2018 Page 2 • CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of October 11, 2018, as written. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Sons of the American Legion, Squadron 1776, for use on December 8, 2018, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, amending the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales held by LoKo Bowling, Inc., at 14917 Garrett Avenue, by changing the assumed name to Bogart's Entertainment Center, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, amending the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales held by Red Robin International, Inc., at 15560 Cedar Avenue,by changing the assumed name to Red • Robin Gourmet Burgers &Brews, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-160 setting a public hearing, at 7:00 p.m., on November 29, 2018, on renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2019. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-161 amending the 2018 Operating Budget for specific items. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-162 supporting the draft 2019-2023 Capital Improvements Plan. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving temporary parking on the north side of Greenleaf Elementary School for school events during the 2018-2019 school year, as listed in the attachment to the Police Captain's memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving catering agreements with India Spice House, Kowalski's Catering, LSP Ventures, Inc., d/b/a Rascals Bar& Grill, and Pear One, Inc., for preferred catering services at Apple Valley Senior Center, subject to minor revisions as approved by the City Administrator and City • Attorney. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2018 Page 3 MOTION: of Bergman, seconded by Hooppaw, approving the Police Liaison Services Agreement with Independent School District 196, for the 2018-2019 school year, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Utility Easement agreement with Dakota Electric Association, 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 B&B Commercial Coatings, LLC, in the amount of an additional $1,932.00; and accepting Project 2018-136, 2018 Hydrant Reconditioning and Painting, as complete and authorizing final payment in the amount of$3,312.00. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Project 2017-189, Education Building Renovation, as complete and authorizing final payment on the agreement with Dering Pierson Group, LLC, in the amount of$15,594.00. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Project 2018-129, 2018 Fence & Light Pole Reconditioning Services, as complete and authorizing final payment on the agreement with Budget Sandblasting &Painting, Inc., in the amount of $5,535.87. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Project 2018-141, Backstop Fabric Replacement Fields#6 & #7 at Johnny Cake Ridge Park West, as complete and authorizing final payment on the agreement with Midwest Fence &Mfg., Co., in the amount of$12,357.00. Ayes- 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated October 25, 2018. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw,to pay the claims and bills, check registers dated October 3, 2018, in the amount of$1,231,442.85, and October 10, 2018, in the amount of$1,089,770.06. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA ANIMAL CONTROL ORDINANCE AND KEEPING OF CHICKENS Councilmember Grendahl asked what has changed in four years since the Urban Affairs Advisory Committee last reviewed this. She noted staff and the Committee put a lot of time into investigating this and the recommendation given to Council. She further noted the Urban Affairs Advisory Committee is made up of volunteers who are also coordinating the SOth Anniversary Celebration. She questioned how much time staff and the Committee should be directed to put into it again. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2018 Page 4 � Mayor Hamann-Roland suggested the review of the ordinance could be done after the SOth Anniversary. Discussion continued. MOTION: of Bergman, seconded by Grendahl, directing the Urban Affairs Advisory Committee to review and provide recommendation on the animal control ordinance and the keeping of chickens, following their work on the SOth Anniversary. Ayes - 5 -Nays - 0. Councilmember Hooppaw asked when the cities listed in the comparison last reviewed this. Mr.Nordquist responded that most of the ordinances in other cities were put into place after Apple Valley's review. BIGOS MMHA DESIGN, ADVERTISING AND COMMUNITY SUPPORT AWARDS Mr.Nordquist introduced this item. Lauren Haskins, Chandler Kost, Andrew Kroth, Will Lemaster, and Megan Schoenecker, Bigos • representatives, were present. They provided an update on Gabella, Galante, and Nuvelo developments and commented on several"Multi Housing Achievement m Design, Advertising and Community Support" awards Bigos recently received from the Minnesota Multi Housing Association(MMHA). Mayor Hamann-Roland congratulated the Bigos Management Team on receiving these prestigious awards. GENERAL ELECTION UPDATE Ms. Gackstetter provided the Council an update on election preparations and reminded the public about the upcoming City and State General Election on November 6. Polls will be open from 7:00 a.m. to 8:00 p.m. She encouraged everyone to exercise their right to vote. ORDINANCE SETTING MAYOR AND COUNCILMEMBERS SALARIES Mr. Lawell gave the first reading of an ordinance increasing the salaries of the Mayor and Councilmembers for 2019 and 2020. He presented data from the League of Minnesota Cities comparing the compensation of elected officials in comparable cities. MOTION: of Bergman, seconded by Goodwin,waiving the provision for a second reading and passing Ordinance No. 1051 amending City Code Section 30.05 of the City Code increasing the salary of the mayor and councilmembers effective January 1, . 2019, and January 1, 2020. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2018 Page 5 COMMUNICATIONS Mr. Lawell reminded everyone to change the batteries on their smoke detectors when they turn back their clocks. Mr. Bernstein said in partnership with Dakota Valley Recycling,the Apple Valley Community Center will be accepting shoes for recycling from November 12-18, 2018. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, 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 7:59 o'clock p.m. Respectfully Submitted, a.�l2o Pamela J. G ste r, City Clerk � \ Approved by the Apple Valley City Council � on l 1-15-I� M H oland, Mayor