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Home My WebLink About03/12/2020 CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2020 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, . held March 12, 2020, at 7:00 o'clock p.m., at Apple Valley Municipal Center. r, 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, Water Resources Specialist Berger, Parks and Recreation Director Bernstein, Planner Bodmer, 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,Natural Resources Coordinator Schaum, 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. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Goodwin, 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 Hooppaw, approving all items on the consent agenda � witl�no exceptions. Ayes - 5 -Nays - 0. T CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Hooppaw, approving the minutes of the regular meeting of February 27, 2020, as written. Ayes -4 -Nays - 0 -Abstain- 1 (Bergman). MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit,by the State Gambling Control Board,to Minnesota Section CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2020 Page 2 American Water Works Association, for use on April 17, 2020, at the Bogart's � Entertainment Center, 14917 Garrett Avenue, arid waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, receiving the Parks and Recreation Department's 2019 annual report. Ayes - 5 -Nays = 0. MOTION: of Goodwin, seconded by Hooppaw, receiving the Parks and Recreation Advisory Committee's 2019 annual report. Ayes - 5 -Nays - 0. i MOTION: of Goodwin, seconded by Hooppaw, approving continuation of the Commission/ Committee Recognition Program, allowing each non-staff inember of the Cemetery Advisory Committee, Parks and Recreation Advisory Committee, Planning Commission, Telecommunications Advisory Committee, Traffic Safety Advisory , Committee, and Urban Affairs Advisory Committee to receive up to $720.00 of parks and recreation services, for 2020, as described in the Park and Recreation Director's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, declaring Fire Department apparatus 4987 and 4993 as surplus and authorizing disposal of surplus City equipment by public sale at an auction with Lust Auction Services, LLC, as described in the Fire Chief s memo. Ayes - 5 -Nays - 0. . MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2020-29 approving the Land Surveyor's Certificate of Final Plat Correction for Palomino Highlands. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2020-30 declaring , adequacy of petition and ordering preparation of feasibility report for Project 2019- 139, Mixed Business Campus Public Improvements. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2020-31 approving plans and specifications for Project 2020-103, 2020 Micro Surfacing, and authorizing advertising for receipt of bids, at 10:00 a.m., on Apri17, 2020, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2020-32 approving plans and specifications for Project 2019-113, Longridge Reservoir Rehabilitation, and authorizing advertising for receipt of bids, at 11:00 a.m., on Apri17, 2020,via a posting on the City's website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving purchase of a traffic signal controller cabinet and controller unit in connection with Project 2019-108, County CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2020 Page 3 Road 42 and Johnny Cake Ridge Road Intersection Improvements, in the amount of $33,400.90, as described in the City Engineer's memo. Ayes - 5 -Nays'- 0. MOTION: of Goodwin, seconded by Hooppaw, approving purchase of traffic signal system materials and electrical equipment in connection with Project 2019-108, County Road 42 and Johnny Cake Ridge Road Intersection Improvements, in the amount of $90,552.00, as described in the City Engineer's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the agreement with Ron Kassa Construction, Inc., for Project 2020-121-2020 Concrete Removal &Replacement Services, in the amount of$45,430.00, 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 Hawkins, Inc., for Project 2019-126, 2019-2020 Outdoor Pool Water Management, resulting in no change to the contract amount. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 2 to the agreement with Ryan Contracting Company, for Project 2019-109, 147th Street and Johnny Cake Ridge Road Intersection Improvements, in the amount of an additional $14,609.60. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 5 to the agreement with Fendler Patterson Construction, Inc., for City Hall - Lower Level Buildout, in the amount of an additional $3,748.84. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the personnel actions as listed in , the Personnel Report dated March 12, 2020. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, to pay the claims and bills, check registers dated Feliruary 19, 2020, in the amount of$1,726,064.89, and February 27, 2020, in the amount of$1,23 8,113.27. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA FIRE FIGHTERS OATHS OF OFFICE Fire Chief Russell introduced the eight Firefighters from the Class of 2018. The City Clerk administered the oath of office to Firefighters Christopher Bedor, Anh Nguyet Bostel, Joseph DeMarco, Douglas Einck, Shane Korn, Ryan Ring, Paul Robinson, and Adam Vanderbeek. Individuals selected by each Firefighter then pinned their badge. The Council congratulated the Firefighters and welcomed them to the Fire Department. Mayor Hamann-Roland called a recess at 7:10 p.m. � CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2020 Page 4 Mayor Hamann-Roland resumed the meeting at 7:12 p.m. UPONOR MINNESOTA INVESTMENT FUND (MIF) GRANT EXTENSION Mr. Sharpe introduced this item and provided a brief history on the Minnesota Investment Fund (MIF) Grant received by Uponor, Inc., in 2017. Under the grant, Uponor is required to create 66 new jobs. A total of 44 positions have been filled. Uponor is seeking a one-year extension on the requirements of the MIF Grant to allow for additional growth. Discussion followed. Mayor Hamann-Roland called the public hearing to order at 7:21 p.m. to consider Amendment#1 to the Minnesota Investment Fund (MIF) Grant Agreement for Uponor, Inc. The Mayor asked for questions or comments from the Council and the audience. Mr. Alec Nord, Manager of Operations and Facilities for Uponor, said they have a variety of jobs which require a variety of skill sets. Councilmember Grendahl asked if Uponor provided on-the job training or if applicants needed to have the skill set prior to applying. Mr.Nord said new employees receive on-site training. The Mayor asked if there were addition questions or comments. There were none and the hearing was declared closed at 7:24 p.m. MOTION: of Hooppaw, seconded by Grendahl, approving Amendment#1 for Minnesota ' Investment Fund(MIF) Grant Agreement CDAP-17-0006-H-FY17 with the Department of Employment and Economic Development(DEED) for Uponor, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. APPLE VALLEY COMMERCE CENTER Ms. Bodmer reviewed the request by Scannell Properties#281, LLC, and Menard, Inc., for rezoning,preliminary plat approval, and site plan/building permit approval for a 117,000 sq. ft. flex industrial office-war.ehouse building on the southwest corner of Johnny Cake Ridge Road and 147th Street W. On February 19, 2020, the Planning Commission voted unanimously to recommend approval of tlie development with conditions. Councilmember Bergman expressed concern that the techny arborvitae will die as a result of the salt spray. � Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2020 r Page 5 Ms. Bodmer continued with her presentation. Discussion continued. MOTION: of Grendahl, seconded by Bergman, passing Ordinance No. 1072 rezoning Lot 1, Block 1, Apple Valley Commerce Addition(as preliminary platted), to "PD- 1053/Zone 2" (Planned Development), rezoning Lot 2, Block 1, Apple Valley Commerce Addition (as preliminary platted), to "I-2" (General Industrial), and rezoning Outlot A, Apple Valley Commerce Addition (as preliminary platted), to "PD-1053/Zone 2" (Planned Development), as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2020-33 approving the preliminary plat of Apple Valley Commerce Center, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2020-34 approving the site plan and authorizing issuance of a building permit for a 117,000 sq. ft. flex industrial office-warehouse building on Lot 2, Block 1, Apple Valley Commerce Center(as preliminary platted), with conditions as recommended by the Planning Commission. Ayes - 5-Nays - 0. Mr. Dan Salzer, from Scannell, thanked City staff and said they are excited about this project. WATER QUALITY IMPROVEMENT COST SHARE AGREEMENT AND PROGRAM Ms. Schaum introduced this item and provided background on the Water Quality Improvement Cost Share Program. The City has helped fund 63 projects over the last ten years. , Ms. Berger recognized the Dakota County Soil and Water Conservation District for providing landscaping workshops for this program. She then presented the proposed changes to the program and cost-share agreement. • , Discussion followed. . MOTION: of Grendahl, seconded by Bergman, approving the revised Water Quality Improvement Cost Share Agreement and Program. Ayes - 5 -Nays - 0. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, 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 March 12, 2020 Page 6 , CLOSE MEETING -ATTORNEY-CLIENT PRIVILEGE Mayor Hamann-Roland asked the City Council to convene in a closed session, under the provisions of M.S. 13D.05, Subd. 3(b)to discuss John Does' claims. MOTION: of Grendahl, seconded by Goodwin,to close the regular meeting and convene in closed session to discuss with the City Attorney litigation involving John Does' claims. Ayes - 5 -Nays - 0. The meeting was closed at 7:52 p.m. and Mayor Hamann-Roland and Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw convened in the Regent Conference Room, at 7:57 p.m., along with the City Attorney Dougherty, Mr. Monte Mills, of Greene Espel, Mr. Phil Trebatoski from League of Minnesota Cities, City Administrator Lawell, City Clerk Gackstetter, Police Chief Rechtzigel, and Police Captains Francis and Dahlstrom. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Discussion followed regarding the litigation involving John Does' claims. The Council reconvened in open session at 8:36 p.m. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 -Nays - 0. The meeting was adj ourned at 8:3 6 0'clock p.m. Respectfully Submitted, � P � ac.Je�o�> Pamela J. G ste r, City Clerk Approved by the Apple Valley City Council � on 3- 26�Zo M H ol d, May r