HomeMy WebLinkAbout09/12/2019 CITY OF APPLE VALLEY �
Dakota County, Minnesota �'
September 12, 2019 �
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held September 12, 2019, 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, Parks and Recreation Director Bernstein, Police
Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance
Director Hedberg, Gity Planner Lovelace, Deputy Fire Chief Nelson, Community Development
� Director Nordquist, Police Chief Rechtzigel, 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 Grendahl, 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.
�
Mr. Ocdabio Chung, Mr. Todd Mutch, and Mr. Israel Aranda commented on projects in Apple
Valley using H-2B immigrant workers who are hired as helpers but are used to replace skilled-
trade construction employees.
Discussion followed. �
The City Attorney advised this is not an item over which the City Council has been given �
legislative authority.
- 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 Grendahl, seconded by Bergman, approving all items on the consent agenda
with no exceptions. Ayes - 5 -Nays - 0.
'
� -
CITY OF APPLE VALLEY
" Dakota County, Minnesota
September 12, 2019
Page 2 ,
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded by Bergman,approving the minutes of the regular meeting
of August 22, 2019, as written. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board,to Apple Valley Sons of the
Americar�Legion, Squadron 1776, for use on November 11, 2019, and
December 14, 2019, at the Apple Valley American Legion, 14521 Granada Drive,
and waiving any waiting period for State approval. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving changes in club board members
for Apple Valley American Legion, Post 1776, in connection with the On-Sale
Club License and Special License for Sunday Liquor Sales at 14521 Granada
Drive, naming James Harold Thompson as Sergeant at Arms, JoDene Strong as
Gambling Manager, and Carla Tappainer as Membership Director, as described in
the City Clerk's memo. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-101
approving 2019 Special Assessment Roll No. 661, for hearing purposes, in the
_ total amount of$173,042.87 for delinquent utility charges, and setting the public
hearing, at 7:00 p.m., on October 10, 2019. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-102
approving 2019 Special Assessment Roll No. 662, for hearing purposes, in the
total amount of$1,784.00 for delinquent false alarm charges, and setting the
public hearing, at 7:00 p.m., on October 10, 2019. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-103
approving 2019 Special Assessment Roll No. 663, for hearing purposes, in the
total amount of$3,075.74 for delinquent tree removal charges, and setting the
public hearing, at 7:00 p.m., on October 10, 2019. Ayes - 5 -Nays - 0.
� MOTION: of Grendahl, seconded by Bergman, approving the Truth-in-Taxation insert as
attached to the Finance Director's memo. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving the reduction of financial
guarantees for Quarry Ponds Fourth Addition from $15,000.00 to $5,000.00,
Quarry Ponds Fifth Addition from$25,000.00 to $20,000.00 and the release of
financial guarantee for Regent's Point Second Addition, as listed in the
Community Development Department Assistant's memo. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving closure of Fontana Trail from
152nd Street to Fortino Street from 9:00 a.m. to 1:00 p.m. for Le Tour de Apple
Valley bike ride on September 14, 2019, as described in the Public Works
Director's memo. Ayes - 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 12, 2019 _
Page 3
MOTION: of Grendahl, seconded by Bergman, directing staff and City Attorney to develop
code amendments to address temporary refuse receptacles, as described in the
Planner and Economic Development Specialist's memo. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving issuance of a footing and
foundation permit with Menard, Inc., for Menard's Building, located at 6055
150th Street W., as described in the City Planner's memo. _Ayes - 5 -Nays - 0.
,
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-104 directing
the City Engineer to prepare plans and specifications for Project 2020-103, 2020
Micro Surfacing. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-105 directing
the City Engineer to prepare plans and specifications for Project 2020-104,
Garden View Drive Street and Utility Improvements. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-106 directing
the City Engineer to prepare plans and specifications for Project 2020-105, 2020
Street Improvements. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-107 rejecting
USA Construction, LLC, as a responsible bidder for Project 1019-114, Family
Aquatic Center Pool Shell Repair, because vendor was unable to meet the �
agreement requirements. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-108
approving plans and specifications for Project 2019-114, Family Aquatic Center
Pool Shell Repair, and authorizing advertising for receipt of bids, at 10:00 a.m.,
on October 11, 2019,via a posting on the City's website and Quest Construction
Data Network. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving the Agreement for Design and
Engineering Services for Project 2019-158, Apple Valley Family Aquatic Center
. Wet Play Area Improvements, with Webber Recreational Design, Inc., in the
. � amount of$17,585.00, subject to approval of the agreement by the City Attorney,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, authorizing the purchase of equipment for
Project 2019-158, Apple Valley Family Aquatic Center Wet Play Area '
Improvements, from Miracle Recreation Equipment Company through Webber
Recreational Design, Inc., in the amouiit of$192,610.00, subject to modifications
of the terms and conditions of the quote as deemed necessary by the City
Attorney. Ayes - 5 -Nays - 0.
J
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 12, 2019
Page 4
MOTION: of Grendahl, seconded by Bergman, approving the Agreement for Installation of
Aquatic Equipment for Project 2019-158, Apple Valley Family Aquatic Center
� Wet Play Area Improvements, with Lemmie Jones, LLC, in the amount of
$121,405.00, subject to approval of the agreement by the City Attorney, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving the Agreement for Residential Fall
Clean-up Day (Furniture and Remodeling Debris Collection) with Lightning
Disposal, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes -
5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving the Agreement for Solid Waste �
and Recycling Collection and Disposal with Lightning Disposal, Inc., in the
amount of$40,445.52, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving Change Order No. 1 to the
agreement with Standard Contracting�, Inc., for Project 2018-133, Cobblestone
Manor(AL-P3) Stormwater Improvements for Alimagnet Lake, in the amount of
an additional $133,594.75. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving Change Order No. 1 to the
agreement with Sunram Construction, Inc., for Project 2018-134, Sunset Pond
(AL=P8) Stormwater for Alimagnet Lake, in the amount of an additional
$20,900.00. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving Change Order No. 1 to the
agreement with B&B Commercial Coatings, LLC, with a reduction of$1,520.00;
and accepting Project 2019-136, 2019 Hydrant Reconditioning and Painting, as
complete and authorizing final payment in the amount of$26,980.00. Ayes - 5 -
Nays - 0. '
MOTION: of Grendahl, seconded by Bergman, accepting Project 2017-180, 2017 Garrett
Avenue Raingardens, as complete and authorizing final payment on the
agreement with Minnesota Native Landscapes, in the amount of$1,062.50. Ayes
- S -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving the Memorandum of Agreement
with Law Enforcement Labor Services (LELS) Local No. 243, establishing the
2019 City maximum monthly contribution toward employee group health
insurance, as attached to the Human Resources Manager's memo, and authorizing
the Mayor and staff to sign the same. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving the personnel actions as listed in
the Personnel Report dated September 12, 2019. Ayes - 4 -Nays - 0 - Abstain- 1
(Hooppaw).
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 12, 2019
Page 5
MOTION: of Grendahl, seconded by Bergman, to pay the'claims and bills, check registers
, dated August 14, 2019, in the amount of$2,609.875.77; August 21, 2019, in the
amount of$1,497,617.65, and August 28, 2019, in the amount of$1,129,588.57.
Ayes - 5 -Nays - 0. �
END OF CONSENT AGENDA "
PROCLAIM VIVO KITCHEN AND THINK BANK BUSINESS LEADERS
Mr. Nordquist provided background on Vivo Kitchen and Enjoy! and introduced Mr. Mark
Thompson and Mr. David Peterson from Vivo Kitchen. Mr. Nordquist read the proclamation
recognizing Vivo Kitchen as a business leader. He then presented the proclamation to Mr.
Thompson. `
MOTION: of Grendahl, seconded by Hooppaw,proclaiming Vivo Kitchen a business leader �
in connection with Apple Valley's SOth Golden Year celebration. Ayes - 5 -Nays
- 0.
Mr. Thompson said they are proud to accept the proclamation, appreciate the recognition,\and
most appreciate investing in the possibilities of Apple Valley.
� ,
Mr. Peterson thanked the City Council for the recognition and said Apple Valley is a great
community and they are proud to be part of it.
Mr. Nordquist also presented the proclamation to Ms. Kay Shimek, former owner of Enjoy!
' Ms. Shimek said she was delighted to be included and thanked the Council.
Mr. Nordquist then provided background on Think Bank. Mr. Nordquist read the proclamation
recognizing Think Bank as a business leader. He then presented the proclamation to Think Bank
representatives Ms. Sonya Busch, Mr. Kirk Muhlenbruck, Ms. Kiersten Lawson, Mr. Chris
Barnick, and Mr. Chad DeCook.
MOTION: of Bergman, seconded by Grendahl,proclaiming Think Bank a business leader in
connection with Apple Valley's SOth Golden Year celebration. Ayes - 5 -Nays -
, 0.
Ms. Busch, said they are very excited to be here to receive this honor. She then read a statement
from Think Bank CEO Paul Mackin congratulating the City on its SOth anniversary, thanking the
Council for the recognition, and committing to continuing to focus on being a positive force in
the community.
Discussion followed.
The Council thanked all the recipients for the great partnerships with the City of Apple Valley.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 12, 2019
Page 6
AMERESCO ENERGY EFFICIENCY PROJECTS
Mr. Charles Grawe introduced John Neville from Ameresco.
Mr. Neville gave a brief presentation on the facts and figures relating to vaxious energy
efficiency projects recently completed in Apple Valley by Ameresco. Mr. Neville then presented
the City with an Award of Excellence plaque for distinction in sustainable energy reduction and �
environmental stewardship in 2019.
Mayor Hamann-Roland called a recess at 7:55 p.m.
Mayor Hamann-Roland resumed the meeting at 8:03 p.m.
,
PROPOSED 2020 CITY BUDGET AND PROPERTY TAX LEVY �
Mr. Hedberg presented the proposed 2020 budget and tax levy. He reviewed the budget
timeline. Staff recommends the Council set the public budget meeting, formerly called the
Truth-in-Taxation hearing, for December 12, 2019, which is a regularly scheduled Council
meeting. He reviewed the budget considerations and significant impacts for 2020. The 2020
proposed budget requires a total levy of$27,381,000, an increase of$1,031,000 or 3.91% from
2019. He pointed out that once the preliminary budget is adopted, the total levy amount may
decrease, but not increase.
Discussion followed. ,
Councilmember Goodwin reminded everyone that Apple Valley property owners do not receive
special assessments for street reconstruction and maintenance projects. It is important to
remember the City does not assess and is not falling behind on road maintenance.
Mayor Hamann-Roland added that residents are also not assessed for utility reconstruction
proj ects.
Discussion continued.
Councilmember Grendahl commented on a tweet sent by Dakota County Commissioner Joe
Atkins that listed Apple Valley as having the second lowest property ta�c rate of Minnesota
communities with 30,000 or more residents. She added that if Apple Valley did not include road
maintenance in its tax levy, Apple Valley may be the lowest in the State.
MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2019-109
approving the proposed 2020 budgets, with total revenue of$78,506,569 and `
expenditures of$90,733,462, and approving the proposed tax levy collectible in
2020 of$27,381,000. Ayes - 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 12, 2019
Page 7
MOTION: of Grendahl, seconded Goodwin, setting a public budget meeting on the proposed
2020 budgets and tax levy at 7:00 p.m. on December 12, 2019. Ayes - 5 -Nays -
0.
MULTIPLE-FAMILY RESIDENTIAL ZONING DISTRICTS ORDINANCE
Mr. Lovelace gave the first reading of an ordinance amending City Code Sections 155.075 and
155.076, regulating uses in multiple-family residential zoning districts. The Planning
Commission held a public hearing on the amendment on September 4, 2019, did not receive any
comments, and voted unanimously to recommend approval of the amendment.
MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading
and passing Ordinance No. 1065 amending City Code Sections 155.075 and
155.076, regulating uses in multiple-family residential zoning districts, as
recommended by the Planning Commission.
Councilmember Goodwin noted that the ordinance increases the City's flexibility on the
type of units permitted within an M-7 zone.
Vote was taken on the motion: Ayes - 5 -Nays - 0.
ORDINANCE AMENDING MASSAGE THERAPY ESTABLISHMENTS &THERAPISTS
Ms. Gackstetter gave the first reading of an ordinance amending Chapter 123 of the City Code
entitled"Massage Therapy Business and Massage Therapist Licenses", regulating massage
therapy establishments and therapists. The ordinance was prepared by the City Attorney's
office. She noted the ordinance was posted on the City's website and no comments from the
public have been received.
MOTION: of Hooppaw, seconded by Bergman, waiving the procedure for a second reading
and passing Ordinance No. 1066 amending Chapter 123 of the City Code entitled
"Massage Therapy Business and Massage Therapist Licenses", regulating
massage therapy establishments and therapists. Ayes - 5 -Nays - 0.
COMMUNICATIONS
Mr. Lawell expressed condolences to Dick Russell's family. He then reminded everyone the Le
Tour de Apple Valley community bike ride will be held this Saturday, September 14, 2019,
starting at 10:00 a.m. in Kelley Park.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, 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 - 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 12, 2019
Page 8
MOTION: of Grendahl, seconded Hooppaw,to adjourn. Ayes - 5 -Nays - 0.
, The meeting was adjourned at 8:43 o'clock p.m.
Respectfully Submitted,
P a,c,�,o`���
Pamela J. Gac s ette ity Clerk
Approved by the Apple Valley City Council
on o!-2(s-I q M y a -Rol d, Mayor