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Home My WebLink About07/11/2019 CITY OF APPLE VALLEY ' Dakota County, Minnesota July 11, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 11, 2019, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: Mayor Hamann-Roland. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetfer, City Attorney Hills, City Engineer Anderson, Planner Bodmer, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe; Human Resources Manager Haas, Finance Director Hedberg, Recreation Manager Muelken, Deputy Fire Chief Nelson, Community _ Developmen�t Director Nordquist, Police Chief Rechtzigel, and Public Works Director Saam. I Acting Mayor Goodwin 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 Grendahl, approving the agenda for tonight's meeting, . - as presented. Ayes - 4 -Nays - 0. AUDIENCE Acting Mayor Goodwin 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 ; Acting Mayor Goodwin asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Grendahl requested items 4.F and 4.N be placed on the regular agenda. " MOTION: of Hooppaw, seconded by Grendahl, moving consideration of items 4.F - Direct Urban Affairs Advisory Committee to Review and Provide Recommendations on Conseryation/Sustainability Items, and 4.N - Approve Acceptance and Final Payment on Agreement with Ameresco, Inc., for Energy Savings Performance Contract, to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Hooppaw, seconded by Grendahl, approving the minutes of the regular meeting of June 13, 2019, as written. Ayes - 4 -Nays - 0. , CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 2019 Page 2 MOTION: of Hooppaw, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Ducks � Unlimited, Chapter 185, for use on September 11, 2019, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any.waiting period for State approval. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Rotary Scholarship Foundation, for use on October 12, 2019, at Apple Valley Ford Lincoln, 7200 150th Street W., and waiving any waiting period for State approval. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2019-80 approving the City's 2019-2023 Capital Improvements Program(CIP). Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving receipt of the 2020 Financial Requirements of the Apple Valley Firefighters Relief Association, as attached to the Fire Chief's memo. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the reduction of financial guarantees for Quarry Ponds Fifth Addition from$76,714.00 to $25,000.00 and the release of financial guarantees for PHS Presbyterian Homes, as listed in the Community Development Department Assistant's memo. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Engineering Services Proposal with Advanced Engineering and Environmental Services, Inc., for Project 2019- 140, 2019 Wellhead Protection Plan Amendment, in the amount of$36,500.00, as attached to the Public Works Superintendent's memo. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Water Quality Improvement Cost Share Program Agreement with Jennifer Strub for native garden at 12754 Durham Way, in an amount not to exceed$500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Agreement for Project 2019- 147, 2019 Sump Catch Basin Cleaning-Residential, with Sewer Services, Inc., in the amount of$40,205.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving Change Order No. 3 to the agreement with Mueller Systems, LLC, for Project 2016-101, Water Meter Replacement, extending the project completion date to March 23, 2021, resulting in no change to the contract amount. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 2019 Page 3 MOTION: of Hooppaw, seconded by Grendahl, approving Change Order No. 2 to the agreement with McNamara Contracting, Inc., in the amount of an additional $5,109.98; and accepting Project 2018-110, Lebanon Cemetery Roadway and Infrastructure Improvements, as complete and authorizing final payment in the amount of$60,570.65. Ayes'- 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving Change Order No. 1 to the agreement with Keys Well Drilling Company, with a deduction of$16,404.30; , and accepting Project 2018-167, Wells Pumps 1, 2, 18; and Low Zone Pump 1 Maintenance as complete and authorizing final payment in the amount of $4,124.04. Ayes -4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, accepting Project 2015-117, 157th Street Greenway Pedestrian Underpass, as complete and authorizing final payment on the agreement with Swenke Ims Contracting,LLC, in the amount of$2,500.00. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, accepting Project 2017-135, CSAH 42 and Embry Path Intersection Improvements, as complete and authorizing final payment on the agreement with Max Steininger, Inc., in the amount of $65,719.91. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, accepting Project 2018-166, 2018 Arc Flash Study, as complete and authorizing final payment on the agreement with Master Electric Co., Inc., in the amount of$19,089.00. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2019-81 amending the 2019 pay and benefit plan. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the personnel actions as listed in , the Personnel Report dated July 11, 2019. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, to pay the claims and bills, check registers dated June 5, 2019, in the amount of$704,720.28, June 12, 2019, in the amount of $1,268,856.33, June 19, 2019, in the amount of$1,586,205.29, and June 26, 2019, in the amount of$459,061.74. Ayes - 4 -Nays - 0. END CONSENT AGENDA Councilmember Grendahl highlighted a couple of the City's energy saving initiatives on the agenda this evening. Mr. Grawe described the proj ect with Ameresco and highlighted the energy savings achieved in connection with the Energy Savings Performance Contract. CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 2019 Page 4 URBAN AFFAIRS ADVISORY COMMITTEE REVIEW OF SUSTAINABILITY ITEMS MOTION: of Grendahl, seconded by Hooppaw, directing the Urban Affairs Advisory Committee to review and provide recommendations on conservation/sustainability items, as described in the Community Development Director's memo. Ayes - 4 -Nays - 0. ' ENERGY SAVINGS PERFORMANCE CONTRACT ' MOTION: of Grendahl, seconded by Hooppaw, accepting Energy Savings Performance Contract as complete and authorizing final payment on the agreement with Ameresco, Inc., in the amount of$98,371.88. Ayes -4 -Nays - 0. JARDIN ACADEMY DAYCARE Ms. Bodmer reviewed the request by Frauenshuh Commercial Real Estate and Kilber Investments, LLC, for approval of a subdivision by preliminary plat, a Conditional Use Permit for a daycare center in an"LB (Limited Business) zone, and a site plan review/building permit authorization to construct a 12,200 sq. ft. daycare facility. The 1.86 acre lot they request to split is located at 14605 Glazier Avenue. On June 19, 2019,the Planning Commission voted unanimously to recommend approval of this project. Councilmember Bergman commented on the building's design and landscaping plan. Discussion followed. Mr. Quinn Hutson, of CNH Architects, responded to the comments on the building's design and landscaping. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-82 approving the subdivision by preliminary plat of Jardin Addition into two lots, with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-83 approving � a Conditional Use Permit to allow a daycare center in a"LB" (Limited Business) zoning district on Lot 2, Jardin Addition, (as preliminary platted) for Jardin Spanish Immersion Academy Daycare Center, with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2019-84 approving the site plan and authorizing issuance of a building permit to allow construction of a 12,200 sq. ft. two-story daycare center on Lot 2, Jardin Addition(as preliminary platted), with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 1 l, 2019 � Page 5 COMMUNICATIONS Councilmember Hooppaw thanked everyone who helped out with the Freedom Days celebration. Councilmember Goodwin commented on the League of Minnesota Cities Conference held in Duluth last week. Mr. Lawell invited the public to the "Music in Kelley Park" concert on Friday night from 6:00 p.m. to 9:00 p.m., and acknowledged Deputy Fire Chief Nelson who is attending his first Council meeting in his new position, due to the absence of the Fire Chief. 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 - 4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl,to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 7:37 o'clock p.m. Respectfully Submitted, P �a,r�,0 . Pamela J. Ga ett , City Clerk , Approved by the Apple Valley City Council - on 1- 2 5-l 9 M H - oland, May