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Home My WebLink About02/23/2023 CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2023 Page 2 MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling permit to conduct excluded bingo, by the State Gambling Control Board at Bogart's Entertainment Center, 14917 Garrett Avenue, on March 19, 2023, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-30 approving issuance of a Gambling Premises Permit to Apple Valley Hockey Association for premises at QRA Enterprises, LLC, d/b/a X-Golf Apple Valley, 7541 148th Street W.; and waiving any waiting period for Minnesota Gambling Control Board approval. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-31 setting a public hearing, at 7:00 p.m., on March 23, 2023, on the application for On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by A.V. Bodega 42, Inc., d/b/a Homshuk Mexican Kitchen and Bar, 6999 152nd Street W. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving release of Natural Resources Management Permit financial guarantees for Orchard Place 2nd Addition, Lot 4, as listed in the Natural Resources Technician's memo. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-32 of support for the Corridors of Commerce Program funding of the Trunk Highway 77 Northbound Lane Addition(General Purpose Ultra Light) Project. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-33 approving the final plat and Development Agreement, with associated documents for Orchard Place 4th Addition, 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 Special Inspections and Testing Services with Terracon Consultants, Inc., in the amount of $69,435.00, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the agreement with McNamara Contracting, Inc., in the amount of an additional $123,924.12; and accepting Project 2022-105, 2022 Street Improvements, as complete and authorizing final payment in the amount of$163,704.82. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. I to the agreement with McNamara Contracting, Inc., in the amount of an additional $92,816.08; and accepting Project 2022-106, Pennock Avenue/140th Street CITY OF APPLE VALLEY Dakota County, Minnesota February 23,2023 Page 3 W./145th Street W. Street Improvements, as complete and authorizing final payment in the amount of$174,986.99. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the agreement with McNamara Contracting, Inc., in the amount of an additional $156,823.98; and accepting Project 2022-107, Greenleaf 6th and 7th Addition (Phase 1) Street Improvements, as complete and authorizing final payment in the amount of$281,357.21. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-34 amending the 2023 Pay and Benefit Plan. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated February 23, 2023. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman,to pay the claims and bills, check registers dated February 1, 2023, in the amount of$933,559.84, and February 8, 2023, in the amount of$1,646,845.23. Ayes - 5 -Nays- 0. END OF CONSENT AGENDA INTRODUCTION OF POLICE OFFICER STRAND Police Chief Francis introduced newly hired Police Officer Jack Strand to the Council. The City Clerk administered the oath of office. An individual selected by Officer Strand pinned his badge. The Council congratulated Officer Strand and welcomed him to his new position. APPLE VALLEY LINCOLN ADDITION - VACATION AND FINAL PLAT Ms. Bodmer reviewed the request by Apple Ford Lincoln Apple Valley and Gulbrandson Real Estate for vacation of drainage and utility easements for the new Apple Valley Lincoln dealership at 7125 151 st Street W. Replacement easements will be dedicated on the new plat. She stated late this afternoon,the City received notification from Dakota County that it would like the owners to dedicate additional right-of-way for County Road 42. Mayor Hooppaw asked in what position does this put the applicant, does it cause a delay, and does the City need to encourage Dakota County to move quickly on this item. He then asked what the City could do to support the applicant to move this forward. Mr. Chris Gulbrandson, of Gulbrandson Real Estate, said they would love to move forward and asked about the legality of the County's request. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2023 Page 4 Mr. Dougherty said that if there is an issue with timing,the County's authority for plat approval is independent of the City's. The City could act tonight, and Dakota County can have an independent review. If necessary, it can come back to the City. Discussion continued. Mayor Hooppaw called the public hearing to order at 7:13 p.m.,to consider vacating easements on Lot 1, Block 1, Southport Fourth Addition. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:14 p.m. Ms. Bodmer noted receipt of the affidavit of publication of the hearing notice and stated no objections from private utility companies have been received. MOTION: of Bergman, seconded by Melander, adopting Resolution No. 2022-35 completing vacation of drainage and utility easements on Lot 1, Block 1, Southport Fourth Addition, and authorizing the City Clerk to record the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Melander, adopting Resolution No.2022-36 approving the final plat of Apple Valley Lincoln Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. REAPPOINT COMMISSIONERS & COMMITTEE MEMBERS Ms. Gackstetter reviewed her memo regarding the reappointment of Commissioners and Committee Members with terms expiring March 1, 2022. She noted all members have indicated their interest in serving an additional term. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2023-37 reappointing Nancy Anderson, David Brueshoff, and Alan Kohls to the Cemetery Advisory Committee for a term expiring March 1, 2026; No. 2023-38 reappointing Lisa Hiebert and Matthew Hinrichs to the Parks and Recreation Advisory Committee for a term expiring March 1, 2026; No.2023-39 reappointing Keith Diekman, Jodi Kurtz, and David Schindler to the Planning Commission for a term expiring March 1, 2026; No.2023-40 reappointing Jamison Kortas and Laura Ziegler to the Telecommunications Advisory Committee for a term expiring March 1, 2026; No. 2023-41 reappointing Greg Dahlstrom and Arthur Zimmerman to the Traffic Safety Advisory Committee for a term expiring March 1, 2026; and No. 2023-42 reappointing Pamela Sohlberg and John Vegter to the Urban Affairs Advisory Committee for a term expiring March 1, 2026. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Carlson invited the public to learn more about the Park Bond referendum and provide input on Saturday, February 25, 2023, at 9:00 a.m. at the Municipal Center and at 10:30 a.m. virtually. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2023 Page 5 Mr. Lawell commented on the significant snowstorm event and the excellent job staff have done clearing the roads of 19-20 inches of snow. He added that Public Works Director Saam will be on WCCO TV at 10:00 p.m. this evening commenting about snow removal in Apple Valley. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, 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 Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:21 o'clock p.m. Respectfully Submitted, P Pamela J. G c ste r, City Clerk Approved by the Apple Valley City Council on 3I q 122 Clint Hooppaw, Mayor