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Home My WebLink About11/09/2021 CITY OF APPLE VALLEY __ Dakota County, Minnesota November 9, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 9, 2021, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. ABSENT: None. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Carlson, Police Captain Francis, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam. Mayor Hooppaw 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 Bergman, approving the agenda for tonight's meeting, , as presented. Ayes - 5 -Nays - 0. � , AUDIENCE Mayor Hooppaw 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 Hooppaw asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Melander, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Grendahl, approving the minutes of the regular meeting of October 28, 2021, as written. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving a change in officer for Blazin - Wings, Inc., d/b/a Buffalo Wild Wings, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14658 Cedax Avenue, Suite D,naming Katherine Drew Jaspon as CFO; as described in the City Clerk's memo. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota CounTy, Minnesota _ November 9, 2021 ' Page 2 MOTION: of Melander, seconded by Grendahl, approving a change in officer for D &D of -. � Minriesota, Inc., d/b/a Famous Dave's BBQ Shack, in connection with the On- •- Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 7593 147th Street W., naming Jason Daniel Schanno as GFO and Michael , Medved as Secretary, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. � � �.. MOTION: of Melander, seconded by Grendahl, adopting Resolution No.2021-176 .:! amending the 2021 Operating Budget for_specific items. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No.2021-177 authorizing the participation in the nationwide Opioid Settlement Agreements and authorizing the City Attorney to execute all required documents for participation. Ayes - S -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving a temporary sign permit application by the Dakota County Library and Friends of the Galaxie Library to be placed on Municipal Center property, as described in the Planning and Economic Development Specialist's memo. .Ayes - 5 -Nays - 0. - MOTION: of Melander, seconded by Grendahl, approving the Termination and Release of Development Agreement�with Continenta1432 Fund, LLC, for the Springs at Cobblestone La1ce apartment project, located at 15899 Elmhurst Lane, as attached to the City Planner's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. � • ; � , MOTION: of Melander, seconded,by Grendahl, approving Partial Deferral of SAC�(Sewer � Availability Charge) Fees Agreement with Orchard Place 2021, LLC, 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 Melander, seconded by Grendahl, approving the Agreement for Project 2021- _ 156, 2021 Ash Tree Removals Third Batch, with Birch Tree Care, in the amount � of$112,710.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - S -Nays - 0. _ MOTION: of Melander, seconded-by Grendahl, approving the Agreement for Fire Station -� Access Control Panel Replacement with Pro-Tec Design, Inc., in the amount of $11,904.86, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. � � � MOTION: of Melander, seconded by Grendahl, approving the Agreement for Municipal Center Access Control Panel Replacement with Pro-Tec Design, Inc., in the � amount of$64,455.51, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. � i � CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2021 , Page 3 MOTION: of Melander, seconded by Grendahl, approving Addendum No. 1 for Valleywood , On-Course Improvements with Nordby Golf Course Design, Inc., subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0 - Abstain- 1 (Grendahl). MOTION: of Melander, seconded by Grendahl, approving Change Order No. 1 to the agreement with Schlomka's Vac Truck Services, for Project 2021-140, 2021 Sump Catch Basin Cleaning, in the amount of an additional $16,240.00. Ayes - 5 -Nays - 0. _ MOTION: of Melander, seconded by Grendahl, accepting Project 2021-104, Greenleaf Elementary Gal�ie Pedestrian Crossing, as complete and authorizing final payment on the agreement with McNamara Contracting, Inc., in the amount of $60,038.50; Ayes - 5 -Nays - 0. � MOTION: of Melander, seconded by Grendahl, accepting Project 2021-159, 2021 Greenleaf Asphalt Pathway and Patching/Repair, as complete and authorizing final payment on the agreement with Bituminous Roadways, Inc., in the amount of$48,000.00. Ayes - S -Nays - 0. MOTION: of Melander, seconded by�.Grendahl, approving the personnel actions as listed in the Personnel Report dated November 9, 2021. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, app'roving the claims and bills, check , registers dated October 20,2021, in the amount of$2,477,987.78, and October 27, 2021, in the amount of$277,981.80. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA c PROCLAIM"SMAI;L BUSINESS SATURDAY" Mayor Hooppaw introduced this item and announced Small Business Saturday will be ' November 27, 2021. He encouraged everyone to shop local and think local throughout the season. � _ Mr. Ed Kearney,Apple Valley Chamber of Commerce President, commented on the importance of shopping locally and supporting sma11 businesses. - Discussion followed. . Mr.Nordquist provided,information on the Open to Business program as well as Small Business Saturday. ' CITY OF APPLE VALLEY ' Dakota County, Minnesota November 9, 2021 , Page 4 Mayor Hooppaw then read the proclamation and presented it to Mr. Kearney. ti , - , MOTION: of Grendahl, seconded by Goodwin, proclaiming November 27, 2021, as "Small Business Saturday" and urging the residents of our community, and communities across the country,to support small businesses and merchants on Small Business Saturday and throughout the year. Ayes - 5 -Nays - 0. AMEND 2021 FEE SCHEDULE Mr. Saam introduced this item and provided background on the recommendation to add a fee for replacement electric load switch permits. ' Discussion followed. _Mayor Hooppaw called the public hearing to order at 7:20 p.m. to consider the amendment to the 2021 Fee Schedule. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:21 p.m. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2021-178 :, approving an amendment to the 2021 Fee Schedule, for a replacement electric load switch permit. Ayes - 5 -Nays - 0. Mr. Dave Reinke, Dakota Electric Association Energy and Member Services Manager, commented on Dakota Electric's meter replacement program and the non-metered credit. Mr. Greg Miller, Dakota Electric Association CEO, said the City has been excellent to work - with. He thanked Matt Saam for finding a creative solution and said this program is a win/win for everyone. ORDINANCE REGULATING CO1N-OPERATED DEVICES Ms. Gackstetter gave the first reading of an ordinance amending Chapter 112 of the City Code regulating.Amusements, by deleting the Sections that govern coin-operated amusement devices. �, The ordinance was prepared by the City Attorney. Because the proposed ordinance would be less restrictive for businesses,�staff is recomrnending waiving the procedure for a second reading. � MOTION: of Melander, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1100 amending Chapter 112 of the City Code,titled Amusements, by deleting Sections 112.01 through 112.06 governing coin- � operated amusement devices. Ayes - 5 -Nays - 0. _ COMMUNICATIONS Mayor Hooppaw congratulated Councilmember Grendahl�on her appointment to the National League of Cities 2021 Nominating Committee. , � � CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2021 Page 5 Mr. Lawell said the Minneapolis/St. Paul Business Journal published information from the Minnesota State Auditor's analysis of municipal liquor store operations showing Apple Valley was ranked number one on net profit margin. He added that the liquor stores continue to look for additional team members and invited anyone interested in being part of a winning team to visit the City's website. He also announced that Apple Valley High School's Veteran's Day program ' will be virtual this year. CALENDAR OF UPCOMING EVENTS Mayor Hooppaw invited the public to attend the annual tree lighting at 6:15 p.m. on November 23, 2021. MOTION: of Bergman, seconded by Goodwin, 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. CLOSE MEETING, LABOR NEGOTIATIONS ` Mayor Hooppaw requested a motion to close the meeting under the exceptions to the open meeting law to discuss labor negotiations. � MOTION: of Grendahl, seconded by Bergman,to enter into a closed meeting and convene in closed session to discuss AFSCME and LELS union labor negotiations..Ayes - 5 -Nays - 0. The Council convened in the Regent Conference Room at 7:35 p.m. In attendance were Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander; City Administrator Lawell; City Clerk Gackstetter; Human Resources Manager Haas; Parks and Recreation Director Carlson, Police Captain Francis, Finance Director Hedberg; and Public Works Director Saam. The ' meeting was tape recorded as required by law. The Council reconvened in open session at 8:26 p.m. MOTION: of Grendahl, seconded by Melander,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:27 o'clock p.m. Respectfully Submitted, � � P ac�o�� . Pamela J. Gac t tte City Clerk , Approved by the Apple Valley City Council � on �� I23I21 , Clint Hooppaw, Mayor