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Home My WebLink About01/24/2019 CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2019- i Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 24, 2019, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Hooppaw. ABSENT: Councilmember Grendahl. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills,Parks and Recreation Director Bernstein, Police Captain Dahlstrom, Police � Captain Francis, Assistant City Administrator Grawe,Finance Director Hedberg, City Planner � Lovelace, Community Development Director Nordquist,Police Chief Rechtzigel,Acting Fire Chief Russell, and Public Works Director Saam. Mayor Hamann-Roland 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 Goodwin, seconded by Hooppaw; approving the agenda for tonight's meeting, as presented. Ayes -4 -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. ' Ms. Karen Kirkman, from the Apple Valley Rotary Club, invited everyone to an End Polio Now spaghetti dinner and silent auction on.January 27, 2019, from 1:00 p.m. to 4:00 p.m., at the Apple Valley American Legion, Post 1776. She also invited everyone to the Apple Valley Arts Foundation 2019 Frozen Apple concert at Bogart's Entertainment Center on February 16, 2019, from 6:00 p.m. to 9:00 p.m. ' � ' . 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. MOTION:� of Bergman, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes -4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of January 10, 2019, as written. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY . - Dakota County, Minnesota January 24, 2019 Page 2 MOTION: of Bergman, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit,by the State Gambling Control Board,to Apple Valley Ducks Unlimited, Chapter 185, for use on Apri127, 2019, at the Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes -4 -Nays - 0. � MOTION: of Bergman, seconded by Hooppaw, approving issuance of a lawful gambling ' exempt pernut, by the State Gambling Control Board,to Apple Valley Sons of the American Legion, Squadron 1776, for use on April 13, 2019, and July 4, 2019, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit,by the State Gambling Control Board,to Eastview High School Senior Party, for use on March 3, 2019, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes- 4- � Nays - 0. � MOTION: of Bergman, seconded by Hooppaw, , adopting Resolution No.2019-6 approving submitting the application for Fiscal Year 2019 Dakota County Community Development Block Grant(CDBG) funding of$170,624.00 for Apple Valley Home Improvement Loan Program and DARTS Senior Outdoor Chore Service and Homemaking Service Programs, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, receiving the Traffic Safety Advisory Committee's 2018 annual report. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-7 appointing Greg Dahlstrom, as the Police Department Representative,to the Traffic Safety Advisory Committee, for a term'expiring March 1, 2020. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the reduction of financial guarantee for Apple Valley Wasatch from$416,284.00 to $204,053.00, as listed in the Community Development Department Assistant's memo. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving Consent to Assignment Agreement- with B32 Engineering Group, Inc., for Project 2018-156,Apple Valley Sports Arena 2019 Ice System Replacement, as attached to the Parks and Recreation Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-8 rejecting bids for Project 2019-114, Family Aquatic Center Pool Shell Repair. Ayes -4 - - Nays- 0. . � J ' � CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2019 Page 3 MOTION: of Bergman, seconded by Hooppaw, accepting Apple Valley Fire Station One Bay , Floor Coating, as complete and authorizing final payment on the agreement with Garage Floor Coating of MN.com, LLC, in the amount of$25,055.10. Ayes - 4! Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Hayes Campus Security Camera System, as complete and authorizing final payment on the agreement with Pro-Tec Design, Inc., in the amount of$4,000.00. Ayes - 4 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated January 24, 2019. Ayes -4 -Nays - 0. MOTION: of Bergman, secorided by Hooppaw,to pay the claims and bills, check registers dated January 2, 2019, in the amount of$845,432.53; and January 9, 2019, in the amount of$377,554.89. Ayes-4 -Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF POLICE CAPTAIN DAHLSTROM&POLICE SERGEANT GERVING Police Chief Rechtzigel introduced newly promoted Police Captain Greg Dahlstrom and Police Sergeant Josh Gerving to the Council. The Council congratulated Police Captain Dahlstrom and \ Sergeant Gerving on their recent promotions. , INTRODUCTION OF NEW POLICE OFFICERS MACK AND ORDORFF Police Chief Rechtzigel introduced newly hired Police Officers Jordan Mack and Dylan Ordorff to the Council and the City Clerk administered the oaths of office. Then the Police Chief pinned their badges. The Council congratulated Officers Mack and Ordorff and welcomed them to their new positions. � CERTIFICATE OF RECOGNITION TO RICHARD STAUPE Police Captain Francis suxnmarized the actions of Mr. Richard Staupe in connection with rendering aid to a fellow citizen. He then presented Mr. Staupe with a Certificate of Recognition. The City Council thanked Mr. Staupe for his life-saving actions. ? LETTERS OF APPRECIATION TO DONNA AND ELIZABETH CHORONZY � Police Captain Francis summarized the contributions of Ms. Donna Choronzy and Ms. Elizabeth Choronzy in connection with the location and prosecution of a suspected thief. He then presented Donna and Elizabeth Choronzy with Letters of Appreciation. The City Council thanked them for ' their actions. Mayor Hamann-Roland called a recess at 7:23 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2019 Page 4 � Mayor Hamann-Roland resumed the meeting at 7:31 p.m. PANERA BREAD RESTAURANT Mr. Lovelace reviewed the request by Panera Bread, LLC, and Brixmor Southport Centre,LLC, for a planned development ordinance amendment, a conditional use permit, and,a site plan/building permit authorization to allow for construction of a 4,820 sq. ft. Class I restaurant with drive-through window service on an existing 1.28-acre lot. The site is located at 15200 Cedar Avenue in the Southport Centre retail development and is the current location of the � Baker's Square restaurant. The Planning Commission held a public hearing on the zoning amendment and Conditional Use Permit and recommended approval. Mayor Hamann-Roland said the Apple Valley Chamber of Commerce is excited about the improvements. She also said she would like Baker's Square restaurant to remain in the City. � Discussion followed. Mr. Dick Hanson, 7108 Lower 170th Court, Lakeville, said he would like Baker's Square to stay in Apple Valley and recommended Panera move to another location. Mayor Hamann-Roland said the City would like to find a new space for Baker's Square. Mr. Brent Massey, of CEI Engineering Associates and_representing Panera, addressed the Council. He described the importance of the conditional use request and said he would be happy to answer any questions. The Council continued discussion and said they are excited Panera is staying and expanding in the City. , MOTION: of Goodwin, seconded by Hooppaw,waiving the procedure for a second reading and passing Ordinance No. 1054 amending PD-244/Zone 2 (Planned , Development),to allow drive-through window service in connection with a Class I restaurant. Ayes - 4 -Nays - 0. � MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2019-9 approving a Conditional Use Permit to allow drive-through window service in PD-244/Zone 2 (Planned Development) zoning district on Lot 4,Block 1, Southport Centre(15200 Cedar Avenue), for Panera Bread, with conditions as recommended by the Planning Commission. Ayes -4 -Nays- 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2019-10 approving the site plan and authorizing issuance of a building permit for construction of a 4,820-square-foot Class I restaurant with drive-through window service on Lot 4, Block 1, Southport Centre (15200 Cedar Avenue), with conditions as ' recommended by the Planning Commission. Ayes -4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2019 , Page 5 URBAN AFFAIRS ADVISORY COMMITTEE VACANCY Mayor Hamann-Roland announced this item and thanked Mr. Adamini for his service on the Urban Affairs Advisory Committee and help in planning the City's SOth Anniversary celebration. Ms. Gackstetter reviewed her memo regarding the resignation of Urban Affairs Advisory Committee Member Thomas Adamini, creating a vacancy on the Urban Affairs Advisory Committee with a term expiring March 1, 2021. She said the Council may wish to extend an invitation to individuals _ interested in serving on this Committee to submit an application to the City Clerk by March 1, 2019. MOTION: of Goodwin, seconded by Hooppaw, accepting the resignation of Urban Affairs Advisory Committee Member Thomas Adamini and thanking him for his dedicated service to the City of Apple Valley, directing staff to post the Urban Affairs Advisory Committee vacancy, and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by March 1, 2019. Ayes -4 - Nays - 0. COMMUNICATIONS Mr. Lawell invited everyone to participate in Mid-Winter Fest activities on February 2,2019. In anticipation of the cold weather that is forecast,he encouraged residents to check the City's � �\' website and Facebook page regarding possible program changes. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Hooppaw, 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 Bergman, seconded by Hooppaw,to adjourn. Ayes -4 -Nays - 0. The meeting was adjourned at 8:03 o'clock p.m. Respectfully Submitted, � OI�C�e�QJI.) Pamela J. Gac t tte , ty Clerk �o Approved by the Apple Valley City Council on 2-� 1 y—l9 Tom Goodwin,Acting Mayor