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Home My WebLink About12/27/2018 CITY OF APPLE VALLEY � Dakota County, Minnesota December 27, 2018 , �� Minutes of the regular meeting of the City Council of Apple Valley,Dakota County, Minnesota, held December 27, 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, Community Development Director Nordquist, 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 Hooppaw, 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. 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 Grendahl, approving all items on the consent agenda � with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of;the regular meeting of December 13, 2018, as written. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, 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 February 9, 2019, at the Apple Valley �� ' , CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2018 - Page 2 American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving renewal and issuance of licenses. and permits for 2019, as attached to the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-211 committing 2018 General Fund Balances for Financial Statement purposes. Ayes - S -Nays - 0. " � MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-212 amending the 2019 Budget for specific items and 2018 uncompleted projects. Ayes - 5 -Nays - 0. , MOTION: of Goodwin, seconded by Grendahl, approving the updated City of Apple Valley Purchasing Policy, as attached to the Finance Director's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-213 approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving extension of the Agreement with the Apple Valley Chamber of Commerce, for provision of Convention and Visitors Bureau(CVB)through December 31, 2019, as attached to the Assistant City Administrator's memo, and authorizing the Mayor and City Clerk to sign the , same. Ayes - 5 -Nays - 0. , MOTION: of Goodwin, seconded by Grendahl, approving the Apple Valley Convention and Visitors Bureau(CVB) 2019 budget and marketing plan, as attached to the Assistant City Administrator's memo. Ayes - 5 -Nays - 0. � MOTION: of Goodwin, seconded by Grendahl, authorizing release of the Metropolitan Counci12016 Transit Oriented Development(TOD) Pre-Development Grant, as described in the Planner/Economic Development Specialist's memo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-214 , , restricting parking on the west side of Granite Avenue from 140th Street W. to a point 490-feet south, and ordering installation of the necessary signage. Ayes - 5 -Nays - 0. � MOTION: of Goodwin, seconded by Grendahl, approving the release of Natural Resources Management Permit financial guarantee for Embry Place 2nd Addition Mass Grading and the reduction of Natural Resources Management Permit financial CITY OF APPLE VALLEY Dakota County, Minnesota December 27,2018 Page 3 " guarantee for Legends of Apple Valley from$30,500.00 to $5,000.00, as listed in the Natural Resources Coordinator's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the reduction of financial guarantee for Quarry Ponds Fifth Addition from$299,924.00 to $�122,414.00 and the release of fmancial guarantees for Hudson Division and Cobblestone Lake North Shore 2nd Addition, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-215 approving plans�and specifications for Project 2019-115, Mowing and Trimming Services 2019-2020; and authorizing advertising for receipt of bids, at 10:00 a.m., on January 24,2019, via a posting on the City's website and Quest Construction Data.Network. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for 2019 Cleaning Services with ProAct, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. ; MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the agreement with McNamara Contracting, Inc., for Project 2018-110, Lebanon Cemetery Roadway and Infrastructure Improvements, in the amount of an additional $98,260.75. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the agreement with McNamara Contracting, Inc., for Project 2016-138, Signal Modification at 140th Street and Galaxie Avenue, in the amount of an additional $70,488.19. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the agreement with Ron Kassa Construction, Inc.,with a deduction of$5,321.75; and accepting Project 2017-131, 2017 Concrete Removal &Replacement Services, as � complete and authorizing final payment in the amount of$991.71. Ayes - 5 - Nays - 0. , MOTION: of Goodwin, seconded by Grendahi, approving Change Order No. 1 to the . agreement with Century Fence Company, in the amount of an additional $228.70; and accepting Project 2018-109, Lebanon Cemetery Boundary Fence, as complete and authorizing final payment in the amount of$1,156.63. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the agreement with Redline Architectural Sheet Metal, LLC, in the amount of an � additional $2,572.00; and accepting Project 2018-157, Family Aquatic Center � Roofing—.Bath House, as complete and authorizing final payment in the amount of$79,326.00. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota ' December 27, 2018 Page 4 ' MOTION: of Goodwin, seconded by Grendahl, accepting Project 2018-101, 2018 Street& Utility Improvements, as complete and authorizing final payrnent on the agreement with McNamara Contracting, Inc., in the amount of$517,615.86. � Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 2018-105, 2018 Street Improvements, as complete and authorizing final payment on the agreement with McNamara Contracting, Inc., in the amount of$174,555.42. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Memorandum of Agreement with LELS Local No., 71, establishing the 2019 City maximum monthly contribution toward employee group health benefits, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-216 approving revised 2019 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated December 27, 2018. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl,to pay the claims and bills, on the check register dated December 5,2018, in the amount of$357,223.52; and December 12, 2018, in the amount of$3,614,223.86. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA HY-VEE CONVENIENCE STORE RIGHT-OF-WAY VACATION Ms. Bodmer reviewed the request by�Hy-Vee, Inc., and Java Capital Partners 7668 150th St, LLC,to consider a vacation of a portion of Pennock Lane right-of-way abutting the parcel located at 7668 150th Street W., on the southeast corner of Pennock Lane and Dakota County � State Aid Highway 42 (CSAH 42). Mr. Anderson said he reviewed the request and cannot support vacating the right-of-way due to expected future needs for street improvements in the area. Ms. Bodmer noted the City received two comments from utility companies regarding the proposed vacation. CenterPoint Energy stated it had no objection, but Dakota Electric requested the City not vacate the property until arrangements can be made to relocate their existing equipment within the right-of-way. Mayor Hamann-Roland called the public hearing to order, at 7:09 p.m.,to consider vacating a , 2,600 sq. ft. portion of Pennock Lane right-of-way adjacent to Lot 1, Block 1, Apple Valley CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2018 - Page 5 Square 2nd Addition. The Mayor asked for questions or comments from the Council and the public. Mr. Phil Hoey, Director of Real Estate with Hy-Vee, Inc., addressed the Council on behalf of the applicant. Discussion followed. The Mayor asked for additional questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:20 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-217 denying the request for vacating a 2,600 sq. ft. portion of Pennock Lane right-of-way adjacent to Lot 1, Block 1,Apple Valley Square 2nd Addition. Discussion continued. Vote was taken on the motion. Ayes - 5 -Nays - 0. TIME SQUARE DRIVEWAY ACCESS EASEMENT VACATION Mr. Sharpe reviewed the request by Interstate Development Partners, LLC, and Time Square Shopping Center II, LLP, to consider a vacation of a driveway access easement on Lot 1, Block 1, Levine Subdivision No. 2 (7525 148th Street West). Mayor Hamann-Roland called the public hearing to order, at 7:34 p.m.,to consider vacating a driveway access easement on Lot 1, Block 1, Levine Subdivision No. 2. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:35 p.m. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-218 completing the vacation of a driveway access easement on Lot 1, Block 1, Levine Subdivision No. 2, authorizing the City Clerk to record the necessary documents. Ayes - 5 -Nays - 0. 2040 COMPREHENSIVE PLAN UPDATE Mr.Nordquist gave a presentation which provided an overview and summarized the contents of the draft 2040 Comprehensive Plan Update. He provided background on community engagement and highlighted the City's vision and implications for 2040. He then reviewed population forecasts, sustainability, and land use goals. The Plan will provide the framework for 2040 economic development,housing,jobs,parks,transportation, and water. He said staff is _ requesting authorization to submit the Draft 2040 Comprehensive Plan Update to the Metropolitan Council. CITY OF APPLE VALLEY Dakota.County, Minnesota December 27, 2018 Page 6 � � Discussion followed. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-219 authorizing submittal of the Draft 2040 Comprehensive Plan Update to the Metropolitan Council for review. Councilmember Goodwin said the only question he receives about the Comprehensive Plan has to do with housing. Residents are looking for assurance that multiplex housing units will not be allowed in residential blocks. Mr.Nordquist said that is correct. . Vote was taken on the motion. Ayes- 5 -Nays - 0. COMMUNICATIONS Mayor Hamann-Roland announced Apple Valley will be celebrating its SOth Anniversary in 2019 and invited the public to check the City's website for monthly activities to celebrate this milestone. She then wished everyone a happy New Year. 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 Hooppaw,to adjourn. Ayes - 5 -Nays- 0. The meeting was adjourned at 8:10 o'clock p.m. Respectfully Submitted, E' Ot�C�A� Pamela J. st r, City Clerk � Approved by the Apple Valley City Council - on i- I O' I q M H - lan , Mayor _ ;- , i �