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Home My WebLink About06/11/2020 CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 2020 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 11, 2020, at 7:00 o'clock p.m. PRESENT: Mayor Hamann-Roland*; Councilmembers Bergman*, Goodwin*, Grendahl*, and Hooppaw*. ABSENT: None. *Present via remote technology City staff inembers attending virtual meeting: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, IT Manager Bang, Planner Bodmer, Acting Parks and Recreation Director Endres, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Liquor Operations Director Heyne, Recreation Manager Muelken, 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. She commented on the tragic killing of George Floyd in Minneapolis. Everyone then 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. Roll call vote: 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. � Councilmember Grendahl commented on the 2019 Comprehensive Annual Financial Report noting there were zero findings. She said the auditors indicated Apple Valley's report demonstrates excellent financial management, and she does not consider that routine. MOTION: of Grendahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Roll call vote: Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS � CITY OF APPLE VALLEY J Dakota County, Minnesota June 11, 2020 Page 2 MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of May 28, 2020, as written. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the 2021 Budget Calendar and setting a special informal City Council meeting, at 5:30 p.m., on August 27, 2020. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2020-66 , establishing the precinct boundaries and polling places for the Primary and General Elections. Roll call vote: Ayes -.5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-67 appointing individuals listed in the resolution to serve as election judges for the Primary Election to be held on August 11, 2020. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving the 2019 Comprehensive Annual Financial Report. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2020-68 adopting 2020 performance measures and approving participation in performance measurement program. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the reduction of financial guarantees for Apple Valley Wasatch Addition from $87,984.00 to $33,000.00, as listedin the Planning Department Assistant's memo. Roll call vote: Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-69 approving a 3-foot variance from the required setback on Lot 1, Block 1, Heritage Lutheran Church(13401 Johnny Cake Ridge Road) for a new ground sign, with conditions � as recommended by the Planning Commission. Roll call vote: Ayes =5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-70 receiving the feasibility report and calling for a public hearing relating to Project 2019-139, Mixed Business Campus: Adjacent to Pilot Knob Road. Roll call vote: Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded'by Goodwin, adopting Resolution No. 2020-71 approving plans and specifications for Project 2020-102, Redwood Pond Expansion, and authorizing advertising for receipt of bids, at 10:00 a.m., on July 7, 2020,via a posting on the City's website and Quest Construction Data Network: Roll call vote: Ayes - 5 -Nays - 0. ` CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 2020 Page 3 MOTION: of Grendahl, seconded by Goodwin, approving the First Amendment to Eagan- Apple Valley Sanitary Sewer Facilities Joint Service Agreement with the City of - Eagan, and authorizing the Mayor and City Clerk to sign the same. Roll call vote: . Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Fiber Optic Indefeasible Right to Use Agreement by and between the City of Apple Valley as Grantor and the Dakota County Broadband Board as Grantee, and authorizing the Mayor and City Clerk to sign the same: Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the agreement for Project 2020- 107, 2020 Utility Improvements, with BKJ Excavating, in the amount of $33,999.00, and authorizing the Mayor and City Clerk to sign the same. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the agreement with Pro-Tec Designs, Inc., with a deduction of$3,835.68, and accepting Municipal Center Lower Level Security Camera and Access Systems as complete, and authorizing final payment in the amount of$17,416.73. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 2019-109, 147th Street and Johnny Cake Ridge Road Intersection Improvements, as complete and authorizing final payment on the agreement with Ryan Contracting Company, in the amount , of$26,397.00. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving�he personnel actions as listed in the Personnel Report dated June 11, 2020. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to pay the claims and bills, check registers dated May 20, 2020, in the amount of$606,729.69; and May 28, 2020, in the amount of$1,626,982.58. Roll call vote: Ayes - 5 -Nays - 0. r END OF CONSENT AGENDA MENARDS AT HANSON CONCRETE VACATION Ms. Bodmer reviewed the request by Scannell Properties #281, LLC, and Menard, Inc., for a vacation of a drainage and utility easement for a trunk storm sewer pipe on Outlot B, Menards at Hanson Concrete, on the southwest corner of Johnny Cake Ridge Road and 147th Street W. (preliminarily platted as Apple Valley Commerce Center). Replacement easements will be dedicated on the new plat. She noted receipt of the affidavit of publication of the hearing notice and stated no objections have been received. Staff recommended the Council hold the hearing for the vacation of easements and receive comments, but not take formal action at this time. CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 2020 Page 4 Mayor Hamann-Roland called the public hearing to order, at 7:13 p.m., to consider vacating the drainage and utility easement on Outlot B, Menards at Hanson Concrete. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:14 p.m. TEMPORARY ON-SALE LIQUOR LICENSE PREMISES Ms. Gackstetter reviewed the application by El Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant, 6670 150th Street W., Ste. 106, for temporary outdoor dining including a temporary expansion of their liquor licensed premises. If approved, the temporary outdoor dining area and temporary amendment to the licensed premises will expire on November 15, 2020. , MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2020-72 amending the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales issued to El Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant, 6670 150th Street W., Ste. 106, by temporarily amending the licensed premises to include the temporary outside dining area identified in E�ibit A. Roll call vote: Ayes - S -Nays - 0. COMMUNICATIONS Mr. Lawell commented briefly on the economic challenges businesses are facing and then provided an update on City-run activities and facilities. He asked the City Council for direction on opening up the splash pad. The Council discussed the matter and then directed staff to open the splash pad. Councilmember Goodwin questioned the City's responsibility and liability for opening facilities during a pandemic. Mr. Dougherty responded, noting the City has certain immunities for open facilities. Mr. Nordquist then provided a brief update on businesses. Councilmember Bergman asked about the grass at Apple Valley Golf Course not being mowed. Mr.Nordquist said staff is working with the owner regarding the violation. CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, 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. Roll call vote: Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl,to adjourn. Roll call vote: Ayes - 5 -Nays - 0. . CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 2020 Page 5 The meeting was adjourned at 7:45 o'clock p.m. Respectfully Submitted, P "acleo�� Pamela J. Ga ste r, City Clerk , Approved by the Apple Valley City Council 9Z on '�-�- 20 M H a - olan , Mayor