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Home My WebLink About02/13/2020 CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 2020 � Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 13, 2020, 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 Wisdorf, 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, and Public Works Director Saam. Mayor Hamann-Roland called the meeting to order at 7:00 p.m f Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Hooppaw, 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 Bergman, approving all items on the consent agenda with no exceptions. Ayes = 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of January 23, 2020, as written. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a new 2020-2021 License to Sell Tobacco or Tobacco Products to Top Star Tobacco and E-Cig, LLC, 15050 Cedar Avenue, Unit 109, as described in the City Clerk's memo dated. Ayes - S -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota � February 13, 2020 Page 2 MOTION: of Goodwin, seconded by Bergman, approving a change in officer for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack in connection with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses at 7593 147th Street W.,naming James Gerhard Gilbertson as CFO/Secretary/Director, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the 2020 annual commercial extraction permit for Fischer Sand &Aggregate, LLP, Fischer Mining, LLC, and Rockport, LLC, subject to adhering to all applicable City ordinances and approved conditional use permits; and authorizing the City Administrator to consider and approve a limited number of modifications to hours of hauling outside of those hours permitted by City Code and approved conditional use permit, upon request by the permit holder. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the 2020 City Council committee assignments, as attached to the City Administrator's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the Planning Commission's 2019 • annual report. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2020-14 appointing Jamison Kortas, to the Telecommunications Advisory Committee, for a term expiring March 1, 2020. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, declaring Fire Department apparatus 4990 and 4995 as surplus equipment and authorizing the disposal of the surplus equipment by selling it at a public auction with Lust Auction Services, LLC, to be held March 9, 2020, through March 20, 2020; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the release of financial guarantees for Cortland Addition and Cortland Second Addition, and the reduction of financial guarantee for Village Pointe Plaza/Zvago Addition from $504,375.00 to $210,625.00, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2020-15 approving the final plat, Development Agreement, and associated documents for Biewald Second Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2020-16 approving plans and specifications for Project 2020-101, 2020 Street and Utility Improvements; and authorizing advertising for receipt of bids, at 10:00 a.m., on March 10, 2020, via a posting on the City's website and Quest Construction Data - Network. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 2020 Page 3 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2020-17 approving plans and specifications for Project 2020-105, 2020 Street Improvements; and authorizing advertising for receipt of bids, at 10:45 a.m., on March 10, 2020,via a posting on the City's website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2020-18 approving plans and specifications for Project 2019-108, County Road 42 and Johnny Cake Ridge Road Intersection Improvements; and authorizing advertising for receipt of bids, at 10:30 a.m., on March 10, 2020, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Lease agreement with Pear One, Inc., d/b/a Roasted Pear, for exclusive food and beverage service at Valleywood Golf Club, 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 Bergman, approving the amendment to the legal retainer agreement by removing Gray, Plant, Mooty, Mooty &Bennett, P.A., and consenting to Zimmerman Reed, LLP, for legal services, as attached to the Public Works Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement with Metropolitan Emergency Services Board for opiate antidote reimbursement, as attached to the Police Captain's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement for Municipal Center Lower Level Security Camera and Access Systems with Pro-Tec Design, Inc., in the amount of$30,360.59, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Orders No. 3 and No. 4 in the amount of an additional $13,930.25 to the agreement with Fendler Patterson Construction, Inc.; for City Hall—Lower Level Buildout, and renaming previously approved Change Orders No. 3 and No. 4 to Change Order No. 2, in the previously _ approved amount of an additional $4,143.70. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the agreement with MacQueen Equipment, LLC, d/b/a MacQueen Emergency Group in the amount of an additional $3,388.50; and accepting Apple Valley Rescue 2 as complete and authorizing final payment in the amount of$271,815.50. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 2020 Page 4 MOTION: of Goodwin, seconded by Bergman, setting a special informal City Council meeting, at 9:00 a.m., on Apri13, 2020, at Camp Sacajawea Retreat Center, 5121 McAndrews Road, for the purposes of goal setting. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated February 13, 2020. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated January 16, 2020, in the amount of$571,808.35, January 23, 2020, in the amount of$1,524,645.37, and January 29, 2020, in the amount of$394,713.85. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PRESIDENTIAL NOMINATION PRIMARY UPDATE , , Ms. Gackstetter provided an update on the March 3, 2020, Presidential Nomination Primary. She . encouraged everyone to exercise their right to vote. PROCLAIM"KIDS TO PARKS DAY" Mr. Bernstein read the proclamation proclaiming May 16, 2020, as "Kids to Parks Day" in Apple Valley. MOTION: of Hooppaw, seconded by Grendahl,proclaiming May 16, 2020, as"Kids to Parks Day " and encouraging the citizens of Apple Valley to visit America's parks,public land and water in recognition of this day. Ayes - 5 -Nays - 0. KUMAR'S CONSUMPTION AND DISPLAY PERMIT Ms. Gackstetter reviewed the application by Kumar's Apple Valley, LLC, d/b/a Kumar's for a Consumption and Display Permit by the Minnesota Department of Public Safety Alcohol & Gambling Enforcement(AGE). The restaurant is located at 14871 Granada Avenue. Discussion followed. MOTION: of Hooppaw, seconded by Bergman, approving issuance of a Consumption and Display Permit by the Minnesota Department of Public Safety Alcohol & Gambling Enforcement(AGE), for premises located at 14871 Granada Avenue, expiring on March 31, 2020. Ayes - 5 -Nays - 0. APPOINT PARKS AND RECREATION ADVISORY COMMITTEE MEMBER Ms. Gackstetter reviewed her memo listing applicants for tlie Parks and Recreation Advisory Committee vacancy. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 2020 Page 5 The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Russell Beyer, Jeffrey Bransford, Justin Emmerich, Dave Freed, Kelly Mielke, Dan Ott, and Chad Rainwater. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Goodwin, accepting the seven nominations for the Parks and Recreation Advisory Committee and amending the previously adopted appointment process to reduce the number of candidates by selecting five candidates on the ballot. Ayes - 5 -Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select five names from the seven nominees. After selections were made,they were tallied and the City Clerk announced that five names remained. MOTION: of Grendahl, seconded by Hooppaw, amending the previously adopted appointment process to reduce the number of candidates by selecting three candidates on the ballot. Ayes - 5 -Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names. After selections were made, they were tallied and the City Clerk announced that three riames remained. MOTION: of Grendahl, seconded by Hooppaw, amending the previously adopted appointment process to reduce the number of candidates by selecting one candidate on the ballot. Ayes - 5 -Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Clerk announced that Dave Freed received the majority of votes. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2020-19 appointing Dave Freed to the Parks and Recreation Advisory Committee for a term expiring March 1, 2021. Ayes - 5 -Nays - 0. Mayor Hamann-Roland thanked all the applicants who.applied and expressed interest in the position. During the counting of the votes, Mr. Nordquist provided an update on the 2020 Census and Fire Chief Russell provided information on the upcoming firefighter recruitment drive. COMMUNICATIONS Ms. Haas provided information on summer seasonal job opportunities, Mr. Bernstein provide an update on the outdoor ice rinks, and Mr. Lawell invited everyone to the next Apple Valley Arts Foundation Frozen Apple concert at Bogart's Entertainment Center on February 15, 2020, from 6:00 p.m. to 8:30 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 2020 Page 6 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 Bergman, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:02 o'clock p.m. Respectfully Submitted, P Pamela J. G te , City Clerk Approved by the Apple Valley City Council on 2-2�-20 M H ol , May r