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Home My WebLink About07/14/2022 CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 14, 2022, 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 members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Carlson, Police Chief Francis, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Fire Chief Russell, Public Works Director Saam, and Crime Prevention Specialist Walter. 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 - 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 Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of June 16, 2022, as written. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to Apple Valley Ducks Unlimited, Chapter 185, for use on October 1, 2022, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. I CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2022 Page 2 MOTION: of Goodwin, seconded by Bergman, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to Eastview Wrestling Boosters, by Minnesota Alcohol and Gambling Enforcement Division, for use on August 6, 2022, from 10:00 a.m. to 4:00 p.m., outdoors at 5708 Upper 147th Street W., as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, , approving the addition of officer for AV Hospitality SBC, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales, at 14521 Granada Drive, adding Wanda Kay Oland-Johnson as Director, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the Apple Valley Police Department's 2021 annual report. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the 2021 Annual Comprehensive Financial Report. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2022-94 waiving the plat prior to construction of structure at Pahl's Market. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the location of three 16 ft. x 76 ft. manufactured homes at Apple Valley Estates located at 13001 Pennock Avenue, in accordance with SLS/Eaton Settlement Agreement, as attached to the Planner's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2022-95 approving the final plat and Development Agreement for Magellan Second Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2022-96 awarding the agreement for Project 2021-118, Applewood Pointe Roadway Improvements, to M.M. Miller Brother Excavating, Inc., the lowest responsible bidder, in the amount of$948,800.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Amended and Restated Waiver of Objection to Special Assessments in connection with Project 2021-118, Applewood Pointe Roadway Improvements, as attached in the City Engineer's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for City of Apple Valley Residential Fall Clean-Up Day(Appliance, Scrap Metal, and Mattress Collection) with Certified Recycling, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2022 Page 3 MOTION: of Goodwin, seconded by Bergman approving the Agreement for City of Apple Valley Residential Fall Clean-Up Day (Furniture and Remodeling Debris Collection) with Lighting Disposal, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Pavement Management Consultant Services with GoodPointe Technology, LLC, in the amount of$26,676.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting 2021 Education Partnership Building HVAC, as complete and authorizing final payment on the agreement with All Systems Mechanical, LLC, in the amount of$2,058.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated July 14, 2022. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated June 8, 2022, in the amount of$576,499.39; June 15, 2022, in the amount of$867,794.88, June 22, 2022, in the amount of$2,979,885.80, and June 29, 2022, in the amount of$1,670,877.36. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PROCLAIM "PARK AND RECREATION MONTH" Mr. Carlson introduced this item and read the proclamation proclaiming July 2022 as "Park and Recreation Month". MOTION: of Bergman, seconded by Grendahl,proclaiming July 2022, as "Park and Recreation Month" in Apple Valley. Ayes - 5 -Nays - 0. Discussion followed regarding Parks and Recreation Department employment opportunities. PROCLAIM"NIGHT TO UNITE" Pam Walter reviewed the agenda of activities planned throughout the City for"Night to Unite" on August 2, 2022. Visits by the Police and Fire Departments and Councilmembers to neighborhood events will begin at 5:00 p.m., and continue throughout the evening. There are approximately 76 neighborhood parties registered so far. Anyone interested in scheduling a neighborhood party should contact her. The School Supply Drive and Chalk Art Contest will continue this year. Ms. Walter then read the proclamation. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2022 Page 4 MOTION: of Grendahl, seconded by Melander, proclaiming August 2, 2022, as "Night to Unite"and encouraging citizens to participate in and support the crime prevention efforts this opportunity offers. Ayes - 5 -Nays - 0. Discussion followed. HARDSHIP GRANT PROGRAM FOR SOD REPLACEMENT Mr. Saam introduced this item and provided background information. He presented a Hardship Grant Program for Council's consideration. Property owners with dead sod within the 2018- 2020 Project areas could apply for a one-time reimbursement grant of 50% of the cost of seed/sod, top soil, mulch, and hired labor, up to a maximum of$1,500 per lot. The City could also collect and dispose of the old sod. He then described the grant parameters. Mr. Graham DeCorsey, 13600 Johnny Cake Ridge Road, commented about the dead sod on his property. He believes the soil is very compacted as a result of the project and was destined to die. Councilmember Grendahl said the grass on 80% of the properties survived. She noted the City does not assess for road reconstruction and should not have to pay twice for projects. The dead grass is not the City's fault or the contractor's fault. She does not believe taxpayers should have to pay for it again. She is also concerned about the precedence this may set for future projects. Councilmember Bergman noted that no government agency, including the Metropolitan Council, State, or City, prohibited homeowners from watering the new sod. He believes the contractors did an exceptional job, as shown by the drone footage. He does not believe the dead grass is any fault of the City. He also expressed concern that this would set a precedence for future projects. Councilmember Goodwin said the City is dealing with human nature. He believes better communication to residents may solve some of the problems in the future. He likes staff s proposal and believes it is a good compromise to rectify an existing problem. He strongly recommends more information and a better public education program going forward. He too commented on the fact residents do not receive special assessments for road improvements. Councilmember Melander commented on the special assessments of other communities. He said it is the Council's responsibility to spend its money wisely, be good stewards, and get the biggest bang for the buck. It is a tough call to ask citizens to pick up a cost without any benefit to them. As a result, he cannot support it. Discussion followed. MOTION: of Goodwin, seconded by Hooppaw, approving the Hardship Grant Program for replacement of dead sod within the 2018-2020 Street and Utility Project areas, as recommended by staff. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2022 Page 5 Discussion continued. Vote was taken on the motion. Ayes- 2 -Nays - 3 (Bergman, Grendahl, Melander). MOTION: of Grendahl, seconded by Bergman, authorizing the City resources and communications necessary to collect and dispose of dead sod within the 2018- 2020 Street and Utility Project areas. Ayes - 5 -Nays - 0. STAFF ITEMS The Council thanked the Police, Fire, Parks, and Streets Departments, Pat Schesso, and everyone else who helped with setting up and cleaning up after the Fourth of July festivities. The events were well attended and well received. Mr. Carlson invited residents to the Apple Valley Community Center on July 18, from 9:00 a.m. to 6:00 p.m., and on July 21, 2022, from 9:00 a.m. to 4:00 p.m., for the Recreation Facilities Design Charrette, hosted by the City's consulting architectural firm, 292 Design Group, to provide input on potential recreation facility improvements. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, 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. MOTION: of Grendahl, seconded by Melander,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:50 o'clock p.m. Respectfully Submitted, PWNJ,a,j 601r�� Pamela J. G o st , City Clerk Approved by the Apple Valley City Council on 7/28/22 Clint Hooppaw, Mayor