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Home My WebLink About11/14/2019 CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2019 Minutes of th� special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 14, 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 Hills, City Engineer Anderson, Parks and Recreation Director Bernstein, Police Captain Dahlstrom, Police�Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, 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. Councilmember Bergman joined the meeting at 7:01 p.m. APPROVAL OF AGENDA MOTION: of Goodwin, seconded by Hooppaw, removing item 4.F - Approve Agreement � with Ameresco for Asset Sustainability Planning and Software Services, 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. 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 Bergman, seconded by Hooppaw, approving all remaining items on the consent agenda. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS � MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of October 24, 2019, as written. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2019 Page 2 MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-130 consenting to appointment of Deputy City Clerk Jenae Marthey. Ayes - 5 -Nays " - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-131 establishing election precinct boundaries and polling places for 2020 elections. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the 2020 fees for Redwood Pool, Apple Valley Family Aquatic Center, Sports Arena and Hayes Park Arena, and granting Parks and Recreation Director or designee the latitude to adjust the fees for promotions, as described in the Parks and Recreation Director's memo. Ayes - S -Nays - 0. , MOTION: of Bergman, seconded by Hooppaw, approving release of subdivision financial guarantee for Cortland Sixth Addition, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-132 amending Conditional Use Permit 2013-60 to allow storage of volleyball sand on site year round at 14917 Garrett Avenue, for Bogart's Entertainment Center, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, appointing Malloy, Montague, Karnowski, Radosevich (MMKR) and Co., P.A., as auditors for 2019 fiscal year audit, at an � estimated total cost of$45,000.00, as described in the Finance Director's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the agreement for Geographical Information System Software and Services with Environmental Systems Research Institute, Inc., (ESRI) in the amount of$85,000.00 over a 3-year term, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the agreement for Hayes Campus Security Access System with Pro-Tec Design, Inc., in the amount of$42,268.57, 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. 2 to the` agreement with Pember Companies, Inc., in the amount of an additional $3,899.30; and accepting Project 2019-121, Lebanon Cemetery Boundary Fence, as complete and authorizing final payment in the amount of$17,905.99. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 1 to the agreement with Ron Kassa Construction, Inc., with a deduction of$3,866.95; and (' CITY OF APPLE VALLEY \ Dakota County, Minnesota November 14, 2019 Page 3 accepting Project 2019-130, 2019 Concrete Removal &Replacement Services, as complete and authorizing final payment in the amount of$1,459.40. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Project 2019-103, 2019 Micro Surfacing, as complete and authorizing final payment on the agreement with Asphalt Surface Technologies Corporation, in the amount of$18,844.14. Ayes - 5 -Nays - 0: MOTION: of Bergman, seconded by Hooppaw, accepting Project 2018-134, Sunset Pond (AL-P8) Stormwater Improvements for Alimagnet Lake, as complete and � authorizing final payment on the agreement with Sunram Construction, Inc., in the amount of$11,148.14. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated November 14, 2019. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the claims and bills, check registers dated October 16, 2019, in the amount of$2,398,733.62, " October 23, 2019, in the amount of$740,933.96, and October 31, 2019, in the amount of$2,139,575.20. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PROCLAIM AVR, INC., A BUSINESS LEADER Mr.Nordquist provided background on this item and introduced Mr. Peter Fischer and Ms. Liza Robson, of AVR, Inc. Mr. Nordquist read the proclamation recognizing AVR as a business leader. He then presented proclamations to Mr. Fischer and Ms. Robson. MOTION: of Grendahl, seconded by Bergman, proclaiming AVR, Inc., a business leader in connection with Apple Valley's SOth Golden Year celebration. Ayes - 5 -Nays - 0. � Ms. Robson said they are humbled by this honor and recognition. Mr. Fischer thanked the Council and said they are very proud of the City and what their company has done in the City. Discussion followed. Mayor Hamann-Roland said the City values the strong partnership with AVR. 1 CITY OF APPLE VALLEY Dakota County, Minnesota ' November 14, 2019 Page 4 LEAGUE OF MINNESOTA CITIES Mr. David Unmacht, League of Minnesota Cities (LMC) Executive Director, addressed the Council. He thanked the Mayor, Councilmembers, and City staff for their support and for being a leader in the state and at the national level. Mayor Hamann-Roland said the City appreciates the relationship and thanked Mr. Unmacht for his guidance and the great work he is doing across the state. PENNOCK CENTER, 7668 150TH STREET W. �Mr. Sharpe reviewed the request by Java Capital Partners, LLC, for a Conditional Use Permit for a drive-through in association with a Class III restaurant, setback variances for parking and building structure, and a site plan/building permit authorization to allow for construction of a 6,100 sq. ft. retail building at 7668 150th Street W. The Planning Commission unanimously recommended approval on October 2, 2019. � � , Discussion followed. , MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-133 � approving a Conditional Use Permit to allow a drive-through in association with a Class III restaurant in a"RB" (Retail Business) zoning district on Lot l, Block 1, Apple Valley Square 2nd Addition(7668 150th Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-134 approving a 22-foot building setback variance (from 50 ft. to 28 ft.) on the�north property line of Lot 1, Block 1, Apple Valley Square 2nd Addition (7668 150th _ Street W.), as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-135 approving a 9-foot parking setback'variance (from 15 ft. to 6 ft.) on the north and west property lines of Lot l, Block 1, Apple Valley Square 2nd Addition (7668 150th Street W.), as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-136 approving the site plan and authorizing issuance of a building permit to allow for construction of a 6,100 sq. ft. building on Lot 1, Block l, Apple Valley 2nd Addition (7668 150th Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. " Mr. Mark Krogh, Java Companies Chief Manager, said it is a challenging site. He mentioned demolition will probably take place in 2019 and construction will begin in 2020. � CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2019 Page 5 PARKS AND RECREATION ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memo regarding the resignation of Parks and Recreation Advisory Committee Member Boyd Montgomery, creating a vacancy on the Parks and Recreation Advisory Committee with a term expiring March 1, 2021. She said the Council may wish to extend an invitation to individuals interested in serving on this Committee to submit an application to the City Clerk by December 31, 2019. An appointment could then be made in January. MOTION: of Hooppaw, seconded by Grendahl, accepting the resignation of Parks and Recreation Advisory Committee Member Boyd Montgomery and thanking him for his dedicated service to the City of Apple Valley, directing staff to post the Parks and Recreation Advisory Committee vacancy, and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by December 31, 2019. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Lawell reminded everyone that the 34th annual holiday tree lighting ceremony will be at 6:15 p.m. on November 26, 2019. Ms. Gackstetter announced the City is currently accepting applications for election judges for the 2020 elections. 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 Bergman, seconded by Hooppaw, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:56 o'clock p.m. Respectfully Submitted, Q�R.��V Pamela J. ks er, City Clerk Approved by the Apple Valley City Council on l 1-2l�-(q Mar a - oland, Mayor �