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Home My WebLink About03/25/2021 CITY OF APPLE VALLEY Dakota County,Minnesota � � J. March 25, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County,Minnesota, held March 25,2021, at 7:00 o'clock p.m. PRESENT>: Mayor Hooppaw*; Councilmembers Goodwin and Grendahl. J � 1 � - �' ABSENT: Councilmembers Bergman. � � 1 *Present via remote technology _ � City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City � - Attorney Dougherty, Parks and Recreation Director Carlson, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Fire Chief Russell, and Public Works Director Saam. � ` � Councilmember Goodwin 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. Roll call vote: Ayes - 3 -Nays - 0.� , � AUDIENCE Councilmember Goodwin 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. �- COIVSENT AGENDA , � � Councilmember Goodwin asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. � ' , MOTION: of Grendahl, seconded by Goodwin, approving all items on the consent agenda ; _ with no exceptioris. Roll call vote: Ayes- 3 -Nays - 0. , � � CONSENT AGENDA ITEMS � � , � MOTION: '�of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting _ � of March 11, 2021, as written. Roll call vote: Ayes - 3 -Nays - 0. J , MOTION: of Grendahl, seconded by Goodwin, receiving the Parks and Recreation � Departments 2020 annual report. Roll call vote: Ayes - 3 -Nays - 0. . ; _ MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2021-52,authorizing the Apple Valley City Administrator to dispatch City equipment and personnel to CITY OF�APPLE VALLEY , . Dakota County, Minnesota � March 25,2021 _ _ Page 2 another political subdivision in emergency situations. Roll call vote: Ayes- 3 - - Nays - 0. ' MOTION: of Grendahl, seconded by Goodwin, extending the agreement with Apple Valley , Chamber of Commerce to administer the Convention and Visitors Bureau(CVB) � through December 31, 2021, as attached to the Assistant City�Administrator's memo, and authorizing the Mayor and City Clerk to sign the same. Roll call`vote: Ayes- 3 -Nays - 0. � , MOTION: of Grendahl, seconded by Goodwin, approving the Apple Valley Chamber and , � , Convention and Visitors Bureau 2021 Budget and Marketing Plan, as attached to the Assistant City Administrator's memo. Roll ca11 vote: Ayes,- 3 -Nays - 0. , MOTION: of Grendahl, seconded by Goodwin;adopting Resolution No.2021-53 ordering installation of a stop sign,on 130th Street at Germane Avenue. Roll call vote: Ayes - 3 -Nays - 0. _ , MOTION: of Grendahl, seconded by Goodwin, approving the Wetland Conservation Act (WCA)Utility Exemption for Project 2021-101, 2021 Street and Utility Improvement, dated January 27, 2021. Roll call vote: Ayes - 3 -Nays - 0. _ MOTION: of Grendahl, seconded by Goodwin, authorizing release of escrow consistent with the Escrow Agreement with Village Pointe Plaza, LLC, OneTwoOne Development, LLC, and Commercial Partners Title, LLC, in support of development of Lot 2, Village Pointe Plaza, as described in the Community Development Director's ,memo. Roll call vote: �Ayes - 3 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2021-54 approving � the final plat and Development Agreement for Orchard Place 2nd Addition, and authorizing the Mayor and City Clerk to_sign the same. Roll call vote: Ayes - 3 - Nays - 0. � , MOTION: of Grendahl, seconded by Goodwin, approving the Waiver of Special Assessments _ with Rockport, LLC, for Project 2020-134, 155th Street West and Pilot Knob-Road Improvements, and authorizing the Mayor and City Clerk to sign the same. Roll call vote: Ayes - 3 -Nays - 0. ' MOTION: �of Grendahl, seconded by Goodwin, approving the Waiver of Special Assessments with Rockport, LI,C, for Project 2020-135, Orchard Place Pilot Knob Road Turn Lane Improvements, and authorizing the Mayor and City Clerk to sign the same. , 'Roll call vote: Ayes - 3 -Nays - 0. _ MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No:2021-55 approving plans and specifications for Project 2021-105, 2021 Street Improvements; and authorizing advertising for receipt of bids, at 11:00 a.m., on Apri120,2021,via a , , ,�' CITY OF APPLE VALLEY Dakota Courity, Minnesota , ' March 25, 2021 Page 3 posting on the City's website and Quest Construction Data Network. Roll call vote: Ayes - 3 -Nays - 0. � - , MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2021-56 approving plans and specifications for Project 2020-106, Erickson Park Storm Water r Improvements; and authorizing advertising�for receipt of bids, at 2:00 p.m., on , - Apri120, 2021,via a posting on the City's,website and Quest Construction Data Network. Roll call vote: Ayes - 3 -Nays - 0. '� MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2021-57 awarding � the agreement for Project 2021-101, 2021 Street and Utility Improvements - Electrical,to Kilmer Electric Co., Inc.,;the lowest responsible bidder, in,the amount � , of$820,000.00. Roll call vote: Ayes - 3 =Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2021-58 awarding the agreement for Project 2021-101, 2021 Street and Utility Improvements - Principal,to McNamara Contracting, Inc.,the lowest responsible bidder, in the � amount of$4,309,066.25. Roll call vote: Ayes - 3 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin; awarding agreements�under 2021 South Metro Cities Joint Powers Agreement, for Project 2021-129, StreetMaintenance JPA, as attached to the Public Works Street Superintendent's memo. Roll call vote: Ayes - � 3 -Nays�- 0. � MOTION: of Grendahl; seconded by Goodwin, approving Settlement Agreement and Release' , related to Does v. City of Apple Valley, as attached to the City Administrator's memo. Roll call vote: Ayes - 3 -Nays - 0. � MOTION: of Grendahl�, seconded by Goodwin, approving the Second Amendment to the Anterina Lease Agreement with Dakota County for Palomino Lattice Tower, as � attached to the Public Works Utility Superintendent's memo, and authorizing the � 1Vlayor and City Clerk to sign the same. Roll call vote: Ayes - 3 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Agreement for Project 2021- 126, Traffic Signal and Street Light Maintenance, with Egan Company, in the _ amount:of$57,252.00, and authorizing the Mayor and City Clerk to sign the same. , Roll call vote: Ayes - 3 -Nays- 0. , MOTION: ,of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the ' , agreement with Keys Well Drilling Company,with a deduction of$3,922.00; and accepting Project 2020-155, Well Pumps 4,,13, and High Zo'ne Pump 4 � � Maintenance, as complete and authorizing fmal payment in the amount of $16,495.65. Roll call vote: Ayes- 3 =Nays - 0. --, , �, CITY OF APPLE VALLEY Dakota.County, Minnesota " March 25, 2021 � ; - , Page 4 , MOTION: of Grendahl, seconded by Goodwin, approving the amended personnel policy: COVID-19 Emergency Paid Leave, as attached to the Human Resources Manager's - memo. Roll call vote: Ayes - 3 -Nays - 0. MOTION: of Grendahl,'seconded by Goodwin, approving the personnel actions as listed in the__ Personnel�Report dated March 25, 2021. Roll call vote: Ayes - 3 -Nays - 0. � MOTION: of Grendahl, seconded by Goodwin,to pay the claims and1bills, check registers dated March 3, 2021, in the amount of$854,164.20, and March�10,2021, in the _ amount of$1,364,957.36. Roll call vote: Ayes - 3 -Nays- 0. END OF CONSENT AGENDA INTRODLJCTION OF FIREFIGHT'ERS ALTER.-BOBADILLA,McCRORY. SHEETS Fire Chief Russell introduced probationary Firefighters Sean Alter,Erik Bobadilla, Stephen- McCrory, and David Sheets to the Council.�The City Clerk administered the oaths of office. Individuals selected by each Firefighter then pinned their bacige. The Council congratulated Firefighters Alter, Bobadilla, McCrory, and Sheets and welcomed them to their new positions on � the Fire Department. � MISTER CAR WASH � � Mr. Lovelace reviewed the request by HJ Development, LLP, and Rockport, LLC, for a � Conditional Use Permit to allow for a freestanding car wash operation and a site plan/building permit authorization for construction of a 6,500 sq. ft. car wash facility on Lot 3, Block 1, Orchard Place 2nd Addition. The Planning Commission held a public hearing on this item on December 2, 2020, and voted unanimously to recommend approval on December 16, 2020. . , MOTION: of Grendalil, seconded by Hooppaw, adopting Resolution No.2021-59 approving a Conditional Use Permit to a11ow for a freestanding car wash operation on Lot 3, Block 1, Orchard Place 2nd Addition,with conditions as recommended by the ' r Planning Commission. Mr. Chris Moe,representative for HJ Development,�said they are excited about the project , and thanked staff for their help. . Vote was taken on the motion. Roll call vote: Ayes- 3 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2021-60 approving � � , the site plan and authorizing issuance of a building permit for a 6,500 sq. ft. freestanding car wash operation, on Lot 3;�Block 1, Orchard Place 2nd Addition, with conditions as recommended by the Planning Commission. Roll call vote: , Ayes - 3 -Nays - 0. _. � CITY OF APPLE VALLEY Dakota County, Minnesota March 25,2021 Page 5 , ORCHARD PLACE COMMERCIAL BUILDINGS ' Mr. Lovelace reviewed the request by HJ Development, LLP, and Rockport, LLC, for a Conditional Use Permit for drive-through window service in conjunction with a Starbucks coffee shop, and site plan/building permit approval to allow for construction of a 7,400 sq. ft. and an 8,200 sq. ft. commercial retail building on Lot 4, Block 1, Orchard Place 2nd Addition. The Planning Commission held a public hearing on this item on December 2, 2020, and voted unanimously to recommend approval on December 16,2020. e MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2021-61 approving a Conditional Use Permit for drive-through window service in conjunction with Starbucks, a Class III resta.urant in Building P, on Lot 4, Block 1, Orchard Place 2nd Addition,with conditions as recommended by the Planning Commission. Roll call vote: Ayes - 3 -Nays - 0. . Discussion followed. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2021-62 approving the site plan and authorizing issuance of a building pernut for a 7,400 sq. ft. multi- � tenant commercial building(Building P) on Lot 4, Block 1, Orchard,Place 2nd . � � Addition,with conditions as recommended b.y the Planning Commission. Roll call vote: Ayes - 3 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2021-63 approving the site plan and authorizing issuance of a building permit for an 8,2400 sq. ft. multi-tenant commercial building (Building I) on Lot 4, Block 1, Orchard,Place 2nd Addition,with conditions as recommended by the Planning Commission. Roll � call vote: Ayes - 3 -Nays - 0. PLANNING COMMISSIONER RESIGNATION Ms. Gackstetter reviewed her memo regarding the resignation of Planning Commissioner Thomas Melander, creating a vacancy on the Planning Commission with a term expiring March 1,2024. She recommended the Council extend an invitation to individuals interested in serving on the Planning Commission to submit an application to her by Apri130,2021. MOTION: of Grendahl, seconded by Goodwin, accepting the resignation of Planning Commissioner Thomas Melander and thanking him for his dedicated service to the City of Apple Valley; and directing staff to post the Planning Commission vacancy and inviting individuals interested in serving on the Commission to submit an application to the City Clerk by Apri130, 2021. Roll call vote: Ayes - 3 -Nays - 0. The Council thanked Mr. Melander for his service and congratulated him on his new role. CITY OF APPLE VALLEY Dakota County, Minnesota March 25,2021 ' Page 6 COMMUNICATIONS Mr. Carlson commented on the 2021 Adopt-a-Park volunteers program,the City News/Spring and Suinmer Activity Guide, Music in Kelley Park, summer employment,park facility rentals, Clubs for Kids program,paired garbage and recycling containers in the parks, and park rules. CALENDAR OF UPCOMING EVENTS � ' MOTION: of Goodwin, seconded by Hooppaw, approving the calendar of upcoming events as f 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 - 3 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw,to adjourn. Roll call vote: 'Ayes- 3 -Nays- 0. The meeting was adjourned at 7:36 o'clock p.m. Respectfully Submitted, � �� ' Pamela J. Gack tte ity Clerk Approved by the Apple Valley City Council on �/8/21 Clint Hooppaw,Mayor