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HomeMy WebLinkAbout10/24/2019 CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 24, 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 Attorney Dougherty, Police Captain Dahlstrom, Police Captain Francis, and Police Chief Rechtzigel. 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. CONSENT AGENDA MOTION: of Goodwin, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS � MOTION: of Goodwin, seconded by Hooppaw, approving the minutes of the regular meeting of October 10, 2019, as written. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-123 accepting, with thanks, the donation of$500.00 from Julia Thompson for use by the Police Department. Ayes - 5 -Nays - 0. � MOTION: of Goodwin, seconded by Hooppaw, approving issuance of lawful gambling � exempt permits, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary,Unit 1776, for use on November 23, 2019, January 11, 2020, March 14, 2020, and May 2, 2020, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Ducks Unlimited, Chapter 185, for use on March 7, 2020, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. � Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2019 Page 2 � MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a 2019 Christmas Tree Sales Lot License to William E. Brabec, dJb/a Silver Bell Christmas Tree Farm, for use on Lot 2, Block 1, East Valley Plaza 3rd Addition (between Upper 141 st and 140th Streets), as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a new 2020 Off-Sale 3.2 Percent Malt Liquor License to Cedar Brook Market, Inc., d/b/a Cedar Brook Market, 12503 Germane Avenue, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a new 2020-2021 License to Sell Tobacco and Tobacco Products to Cedar Brook Market, Inc., d/b/a Cedar Brook Market, 12503 Germane Avenue, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a new 2020 Fuel Dispensing Facility Permit to Cedar Brook Market, Inc., d/b/a Cedar Brook Market, 12503 Germane Avenue, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the change in assumed name (or d/b/a) in connection with Off-Sale 3.2 Percent Malt Liquor Sales License for ;. � ` , Northern Tier Retail, LLC, located at 15020 Garrett Avenue, from Superamerica to Speedway. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving a change in officer for Lancer Food Service, Inc., d/b/a Lancer Food Service, in connection with the Concessionaire On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 13000 Zoo Boulevard, naming Olivier Poirot as CEO, Keith Thomas Cullinan as President, and Julie Kay Hennecy as Secretary, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving a change_in manager for MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14889 Florence Trail, naming Timothy John LaForce as General Manager, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving a change in officer for Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 15560 Cedar Avenue, naming Lynn Schweinfurth as President and Treasurer, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. � CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2019 Page 3 MOTION: of Goodwin, 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 and Special License for Sunday Liquor Sales at 15435 Founders Lane, naming Stephanie Anne Knopke as General Manager, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-124 setting a public hearing, at 7:00 p.m., on November 26, 2019, on renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2020. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, declaring certain City vehicles and property as surplus; authorizing the disposal of City vehicles and unclaimed property by a public sale from November l, 2019, through November 13, 2019; and approving the agreement with Assets 2 Cash, LLC, (A2C) for an online auction conducted through K-Bid, and authorizing the Mayor and City Clerk to sign the same. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the release of Natural Resources Management Permit financial guarantee for Legends of Apple Valley and the reduction of Natural Resources Management Permit financial guarantee for Presbyterian Homes at Cobblestone (Orchard Path) from $40,000.00 to $5,000.00, as listed in the Natural Resources Technician's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving letters of comment submitted to Transportation Advisory Board (TAB) by the Minnesota Valley Transit Authority (MVTA) and Mayor Hamann-Roland concerning the 2020 Regional Solicitation Program Updates. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving temporary parking on the north side of Greenleaf Elementary School for school events during the 2019-2020 school year, as detailed in the attachment to the Police Captain's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, waiving the procedure for a second reading and passing Ordinance No. 1067 amending Section 155.333 of Chapter 155 of the City Code, regulating land usage and building encroachment exemptions. _ Ayes - 5 -Nays - 0. � MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-125 awarding the agreement for City Hall—Lower Level Buildout, to Fendler Patterson Construction, Inc., the lowest responsible bidder, in the amount of$934,300.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-126 awarding the agreement for Project 2019-114, Family Aquatic Center Pool Shell Repair,to , CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2019 Page 4 . o Northern Pool Restoration, LLC, the lowest responsible bidder, in the amount of $195,883.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving Lac Lavon Lake Public Fishing Pier Land Use, Operations and Maintenance Cooperative Agreement with the State of Minnesota, as attached to the Parks and Recreation Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the agreement with the Cities of Apple Valley, Burnsville, Eagan, and Lakeville to provide recycling services, 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 Hooppaw, approving the agreement with 292 Design Group, Inc., for Feasibility Study Services for Redwood Park and Pool, in an amount not to exceed $8,700.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. � �MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the agreement with McNamara Contracting, Inc., for Project 2017-109, Johnny Cake Ridge Road Improvements, in the amount of an additional $17,779.50. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the ' agreement with Ryan Contracting Company, for Project 2017-109, 147th Street and Johnny Cake Ridge Road Intersection Improvements, in the amount of an additional $72,841.00. Ayes - 5 -Nays - 0. MOTION: of Goodwiri, seconded by Hooppaw, approving Change Order No. 1 to the agreement with Cobalt Companies, with a deduction of$2,000.00; and accepting Project 2019-129, 2019 Fence &Light Pole'Reconditioning Services, as complete and authorizing final payment in the amount of$49,199.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, accepting Project 2018-133, Cobblestone Manor(AL-P3) Stormwater Improvements for Alimagnet Lake, as complete and authorizing final payment on the agreement with Standard Contracting, Inc., in � the amount of$20,533.29. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, accepting City of Apple Valley Residential Fall Clean-Up Day (Appliance, Scrap Metal, and Mattress Collection), as complete and authorizing final payment on the agreement with Certified Recycling, LLC, in the amount of$1,380.00. Ayes - 5 -Nays - 0. , MOTION: of Goodwin, seconded by Hooppaw, accepting Residential Fall Clean-Up Day (Furniture and Remodeling Debris Collection), as complete and authorizing final CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2019 Page 5 payment on the agreement with Lighting Disposal, Inc., in the amount of $3,713.55. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-127 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, 2020. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-128 amending the 2019 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated October 24, 2019. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, to pay the claims and bills, check registers dated October 3, 2019, in the amount of$1,025,497.20, and October 10, 2019, in the amount of$712,989.83. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, setting a special informal City Council meeting, at 5:30 p.m., and a special City Council meeting, at 7:00 p.m. on November 14, 2019, and cancelling the City Council meetings previously scheduled for November 7, 2019. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, proclaiming October 24, 2019, as "World Polio Day" in Apple Valley. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-129 supporting the draft 2020-2024 Capital Improvements Program for Dakota County, with conditions. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA AUDIENCE Mayor Hamann-Roland asked if anyone in the audience wanted to address the Council. Wilmery Rosario, Ashley Quinones, Don Williams, Brian Milliard, Michael O'Brian, Ted Mika, ' Sumaya Aden, Dinni Aden, Char Blanche, Zaida Henry, and Marquitta Woods requested the release of evidence specified in a data request previously submitted to the City regarding the officer-involved shooting of Isak Aden in the City of Eagan. They also commented on the difficulty they have had with multiple communities in getting answers about the incidents involving Isak Aden and Brian Quinones and their lack of responses to public data requests. They spoke about the current state of police/public relations and asked for help in their pursuit for change. Mayor Hamann-Roland thanked everyone for this important conversation. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2019 Page 6 Discussion followed. MOTION: of Grendahl, seconded by Goodwin, to adj ourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:13 o'clock p.m. Respectfully Submitted, P � o�.c�V2o Pamela J. Gac s tt City Clerk Approved by the Apple Valley City Council on 1 t- l y - lq M y H - oland, Mayo