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HomeMy WebLinkAbout03/24/2022 CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 24, 2022, at 7:00 o'clock p.m. PRESENT: Mayor Hooppaw; Councilmembers Goodwin, Grendahl, and Melander. ABSENT: Councilmembers Bergman. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Planner Bodmer, Parks and Recreation Director Carlson, Police Captain Francis, Assistant City Administrator Grawe, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, and Fire Chief Russell. 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 Melander, approving the agenda for tonight's meeting, as presented. Ayes - 4 -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. Mr. Chris Lugey, 7280 158th Street W., commented on the Convention of States project. He invited the Council to ask him questions if they had any. 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 Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of March 10, 2022, as written. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a change in board member for Apple Valley American Legion, Post 1776, in connection with the On-Sale Club License Special License for Sunday Liquor Sales at 14521 Granada Drive, naming CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2022 Page 2 Richard William Peltier as Operations Board, as described in the City Clerk's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, receiving the Apple Valley Parks and Recreation Department's 2021 annual report. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, receiving the Parks and Recreation Advisory Committee's 2021 annual report. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, receiving the Telecommunication Advisory Committee's 2021 annual report. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, receiving the Traffic Safety Advisory Committee's 2021 annual report. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the continuation of the Commission/Committee Recognition Program, allowing each non-staff member 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 2022, as described in the Park and Recreation Director's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, declaring certain City property as surplus; authorizing disposal of unclaimed property and surplus City property by a public sale; and approving the Agreement with Surplus Liquidation Auctions, LLC, an authorized vendor of K-BID.com, to conduct an online auction of unclaimed and surplus property, as attached to the City Clerk's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, proclaiming April 29, 2022, as "Arbor Day" and May 2022, as "Arbor Month", and encouraging citizens to participate in tree planting programs. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, proclaiming June 20-26, 2022, as "Mayor's Monarch Pledge Week", and encouraging citizens to participate in pollinator planting that will ensure habitat to nurture and protect monarchs and other pollinators. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-41 of support for 2022 Regional Solicitation Grant applications. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-42 of support for the 2040 Corridor Management Plan for County State Aid Highway 42, dated March 2022 (Project 202-125, County Road 42 Visioning Study). Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2022 Page 3 MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-43 approving plans and specifications for Project 2022-103, 2022 Micro Surfacing; and authorizing advertising for receipt of bids, at 10:00 a.m., on April 19, 2022, via a posting on the City's website and Quest Construction Data Network. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-44 approving plans and specifications for Project 2022-106, Pennock Ave./140th St. W./145th St. W. Street Improvement; and authorizing advertising for receipt of bids, at 10:00 a.m., on April 26, 2022, via a posting on the City's website and Quest Construction Data Network. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-45 awarding the agreement for Project 2022-101, 2022 Street and Utility Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of $1,874,450.50. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-46 awarding the agreement for Project 2022-104, 133rd Street W. (Galaxie to Flagstaff) Street& Utility Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of$2,901,200.15. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-47 awarding the agreement for Project 2022-107, Greenleaf 6th and 7th Addition(Phase 1) Street Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of$1,400,722.15. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2022- 108, 2022 Ash Tree Removals, with Carr's Tree Service, Inc., in the amount of $80,750.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2022- 122, 2022 Fence & Light Pole Reconditioning Services, with Cobalt Companies, in the amount of$63,252.50, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2022- 110, Greenleaf Townhouses 3rd Sanitary Sewer Improvements, with Insituform Technologies USA, LLC, in the amount of$167,528.20, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2022- 119, 2022 Concrete Removal &Replacement Services, with Ron Kassa CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2022 Page 4 Construction, Inc., in the amount of$51,910.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 2022-116, Right-of-Way Tree Pruning, as complete and authorizing final payment on the agreement with SavATree, LLC, in the amount of$25,826.40. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the amendment to Personnel Policy Manual to update certain policies to reflect statutory changes and direct staff to prepare an updated document incorporating the policy changes. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated March 24, 2022. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated March 2, 2022, in the amount of$1,978,878.18, and March 9, 2022, in the amount of$3,676,383.57. Ayes -4 -Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF FIREFIGHTERS Fire Chief Russell introduced probationary Firefighters David Gerardi, Kevin Gyolai, John Hanken, Jr., Kevin Hepner, Nate Jones, Josh Peltier, and Angie Ward to the Council. The City Clerk administered the oaths of office. Individuals selected by each Firefighter then pinned their badge. The Council congratulated Firefighters Gerardi, Gyolai, Hanken, Hepner, Jones, Peltier, and Ward and welcomed them to their new positions on the Fire Department. BEYOND THE YELLOW RIBBON NETWORK Mr. Paul Chellsen, President of the Apple Valley Beyond the Yellow Ribbon Network, said this is the organization's 1 Oth anniversary. Dick Geiger, Curt Martinson, Jay Peterson, Glenn Sonne, and Tom Lawell from the organization were also present. Mr. Chellsen provided a brief history of the Beyond the Yellow Ribbon program. He then presented his report, which recapped services provided to veterans in Apple Valley. In the last ten years they have provided over 30,000 service hours to military families in this community. Lastly, he encouraged community members to get involved. Mayor Hooppaw thanked Mr. Chellsen and the organization for the work they do. JON RECHTZIGEL PROCLAMATION Mr. Lawell introduced this item and thanked Police Chief Rechtzigel for 34 years of service to the City. Mayor Hooppaw read the proclamation proclaiming March 31, 2022, as "Jon H. Rechtzigel CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2022 Page 5 Day in Apple Valley". The Council thanked Police Chief Rechtzigel for his service and wished him a happy and well-deserved retirement. Police Chief Rechtzigel thanked the Council for their support throughout the years. Mayor Hooppaw then presented Police Chief Rechtzigel with the proclamation. MOTION: of Goodwin, seconded by Grendahl, proclaiming March 31, 2022, as "Jon H. Rechtzigel Day in Apple Valley" in recognition and honor of Police Chief Rechtzigel's distinguished service to the City of Apple Valley. Ayes - 4 -Nays - 0. TEXAS ROADHOUSE ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by Texas Roadhouse Holdings, LLC, d/b/a Texas Roadhouse for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales as described in her memo. The restaurant is located at 5545 157th Street W. She noted receipt of the affidavit of publication of the hearing notice. The Police Department completed the necessary background investigations and found no reason the licenses could not be authorized at this time. Mayor Hooppaw called the public hearing to order at 7:30 p.m. to consider the application by Texas Roadhouse Holdings, LLC, d/b/a Texas Roadhouse, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:31 p.m. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2022-48 approving issuance of a 2022 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to Texas Roadhouse Holdings, LLC, d/b/a Texas Roadhouse, for premises located at 5545 157th Street W., for the period of May 1, 2022, through December 31, 2022. Ayes - 4 -Nays - 0. Mr. Jeffry Fort, Managing Partner, thanked the City Council. He said they are looking forward to coming to Apple Valley and hope to open on May 30, 2022. LAKESIDE OF DIAMOND PATH PRELIMINARY PLAT Ms. Bodmer reviewed the request by JMH Land Development and Randy and Carolyn Buller to consider a subdivision by preliminary plat and variances to create five new lots for a single family development at 13009 Diamond Path. The preliminary plat would subdivide the existing three parcels,totaling 8.1 acres, into six parcels. She reviewed the comments and questions from the public hearing. On March 2, 2022, the Planning Commission voted unanimously to recommend approval of the subdivision by preliminary plat with conditions. Discussion followed. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-49 approving the subdivision by preliminary plat of Lakeside of Diamond Path (13009 Diamond CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2022 Page 6 Path) with six single family residential lots, with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. MAGELLAN SECOND ADDITION PRELIMINARY PLAT Ms. Bodmer reviewed the request by Dakota County to consider a subdivision by preliminary plat to divide the eastern portion of the Magellan property, located at 6451 150th Street W., to create a 2.23 acre parcel for the North Creek Greenway. On March 2, 2022, the Planning Commission voted unanimously to recommend approval of the subdivision by preliminary plat with conditions. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2022-50 approving the subdivision by preliminary plat of Magellan Second Addition for regional greenway purposes, with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. APPLEWOOD POINTE OF APPLE VALLEY Mr. Lovelace said United Properties Residential, LLC, has made a request for a planned development ordinance, planned development agreement, final plat and development agreement, feasibility report, and public improvements. The property is located at the northeast corner of Pilot Knob Road and McAndrews Road. He then reviewed the proposed ordinance. MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1107 adding Article A-39 for new Planned Development Designation No. 1080, as recommended by the Planning Commission. Ayes - 4 -Nays - 0. Councilmember Goodwin requested the developer keep as many trees as possible. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-51 approving the final plat and Development Agreement for Applewood Pointe of Apple Valley, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin seconded by Grendahl, adopting Resolution No. 2022-52 approving the Planned Development Agreement with United Properties Residential, LLC, for Applewood Pointe of Apple Valley, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin seconded by Grendahl, adopting Resolution No. 2022-53 approving the feasibility report for construction of public infrastructure relating to the proposed Applewood Pointe of Apple Valley. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Grendahl, approving the Waiver of Objection to Special Assessments for Project 2021-118, Applewood Pointe Roadway Improvements, by CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2022 Page 7 United Properties Residential, LLC, for PID No. 01-01300-01-012, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin seconded by Grendahl, adopting Resolution No. 2022-54 ordering public improvements, Project 2021-118, Applewood Pointe of Apple Valley Roadway Improvements. Ayes - 4 -Nays - 0. ORDINANCE AMENDING PARKS AND RECREATION Mr. Carlson gave the first reading of an ordinance amending Chapter 95 of the City Code regulating Parks and Recreation, by allowing an exception for display of firearms at sponsored events. The ordinance was prepared by the City Attorney. The Council accepted the first reading. The second reading will be April 14, 2022. Discussion followed. ESTABLISH ELECTION PRECINCTS AND POLLING PLACES Ms. Gackstetter introduced this item and provided a brief background. Cities are required to redistrict or reestablish their election precinct boundaries following the legislative and congressional redistricting after each decennial census. She then reviewed the proposed changes which were necessary as a result of the new legislative district lines as well changes needed to accommodate growth. Councilmember Grendahl offered a motion adopting the resolution setting revised boundaries, establishing 16 election precincts and polling places, but keeping Precincts 5A and 5B, which died for lack of a second. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2022-55 setting revised boundaries and establishing 16 election precincts and polling places in the City, as recommended by staff, and authorizing the City Clerk to file copies of the map and precinct descriptions with the various agencies as necessary. Ayes - 3 - Nays - 0 - Abstain - 1 (Grendahl). APPOINT CEMETERY ADVISORY COMMITTEE MEMBER Ms. Gackstetter reviewed her memo listing applicants for the Cemetery Advisory Committee vacancy. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Clark Kerndt, David Kurtz, and (Sue) Jan Monro. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Goodwin, accepting the three nominations for Cemetery Advisory Committee. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2022 Page 8 The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Attorney announced that two names remained. 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 Attorney announced that David Kurtz received the majority of votes. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2022-56 appointing David Kurtz to the Cemetery Advisory Committee for a term expiring March 1, 2025. Ayes - 4 -Nays - 0. Mayor Hooppaw thanked all the applicants who applied and expressed interest in the position. During the counting of the votes, Mr. Carlson commented on job opportunities in the Parks and Recreation Department and Mr. Lawell commented on the Home and Garden Expo which will be held on April 2, 2022, from 9:00 a.m. to 3:00 p.m. at Eastview High School. COMMUNICATIONS Mr. Lawell announced there will be a reception for Commissioners and Committee Members prior to the next City Council meeting. Councilmember Goodwin announced that the personnel report included the promotion of Nick Francis to Police Chief. He then congratulated Captain Francis. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Melander, 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 - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander,to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 8:31 o'clock p.m. Respectfully Submitted, P ac�2�oJ Pamela J. Ga k tetW City Clerk Approved by the Apple Valley City Council on Li 1 14/22 Clint Hooppaw, Mayor