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Home My WebLink About08/25/2016 CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2016 � Minutes of the regular meeting of the City Council of Apple Valley, Dakota Co ty, Minnesota, held August 25, 2016, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, G endahl, and Hooppaw. ABSENT: None. City staff inembers present were: City Administrator Lawell, City Clerk Gackst tter, City Attorney Dougherty, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Francis, Assistant City Adm nistrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Plann r Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Public orks Director Saam, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:01 p.m. Everyone took art in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Goodwin, approving the agenda for ton ght's meeting, as presented. Ayes - 5 -Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at th s time, on any item not on this meeting's agenda. No one requested to speak. 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 Goodwin, seconded by Hooppaw, approving all items on the c nsent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Hooppaw, approving the minutes of the regular meeting of August 11, 2016, as written. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 20 6-137 accepting, with thanks, the donation of$500.00 from Augustana are Services for CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2016 Page 2 use by Fire Department to purchase ResQCPR Cardiopulmonary esuscitation device systems. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 20 6-138 accepting,with thanks,the donation of$500.00 from Augustana are Services for use by Police Department. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 20 6-139 accepting, with thanks,the donation of$1,200.00 in gift cards fro Farmer's Insurance for use by Police Department. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, authorizing issuance of a 1 t 4 Day Temporary On-Sale Liquor License to Apple Valley American L gion, Post 1776, by Minnesota Alcohol and Gambling Enforcement Division, for se on October 15, 2016, outdoors at the American Legion, 14521 Gran da Drive, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving a change in club oard member for Apple Valley American Legion, Post 1776, in connection wit Club On-Sale Liquor License and Special License for Sunday Liquor Sales, at 1 521 Granada Drive, naming Lowell Jay Doocy as Pull Tabs Administrator, as escribed in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving a change in offic for D &D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, in connection with the On- Sale Wine and 3.2 Percent Malt Liquor Licenses, at 7593 147th S reet W., naming Dexter Anthony Newman as CFO/Secretary, as described in the ity Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a law 1 gambling exempt permit, by the State Gambling Control Board,to Apple V lley Ducks Unlimited, Chapter 185, for use on September 14, 2016, at Boga 's/Apple Place Bowl, 14917 Garrett Avenue and waiving any waiting period for tate approval. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 20 6-140 identifying the need for funding to complete the 2040 Comprehe sive Plan update and authorizing an application for planning assistance grant fund . Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving release of financi 1 guarantees for Cortland Park& Ponding, as listed in the Community Developm t Department Assistant's memo. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2016 Page 3 MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 20 6-141 approving a sign variance at Aldi grocery store, 7589 153rd Stree W., with conditions as recommended by the Planning Commission. Ayes 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, waiving the procedure for a econd reading and passing Ordinance No. 1014 amending Chapter 155 of the C ty Code by adding Article 35, establishing Planned Development Zoning Dis rict for Hudson Division. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the First Amend ent to Planned Development Agreement for Hudson Division, and authorizing t Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 20 6-142 approving the Joint Powers Agreement with Dakota County for t e provision of legal services related to administrative forfeitures for misdemean r drug offenses, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the agreement with Restoration Systems, Inc., with a deduction of$3 000.00, and accepting Apple Valley City Hall—2015 Exterior Repairs Part 2 roject as complete and authorizing final payment in the amount of$21,798 00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving hiring the season l,part time, and paid on call volunteer employees, and resignation of employees, s listed in the Personnel Report dated August 25, 2016. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw,to pay the claims and bills, eck registers dated August 3, 2016, in the amount of$705,422.35; and August 0, 2016, in the amount of$1,234,866.99. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PHS COBBLESTONE LAKE SENIOR HOUSING COMPLEX Mr. Lovelace reviewed the request by PHS Apple Valley Senior Housing, Inc., d South Shore Development, Inc., for accepting an easement, a Comprehensive Plan amendme t, rezoning, an ordinance amendment, a planned development agreement, completion of a vacat on,preliminary plat approval, a site plan/building permit authorization for construction of a 195- nit continuum of care facility, final plat approval and development agreement, issuance of reve ue bonds, and partial releases from the recorded waiver of objection to special assessment agre ments. The property is located at the intersection of 157th Street W. and Cobblestone Lake arkway. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2016 Page 4 Mr. Hedberg provided background on the request by PHS Apple Valley Senior ousing, Inc., for host approval on the issuance of tax exempt revenue bonds through the Wiscons n Public Finance Authority for a 195-unit continuum of care facility. He noted the bond 'ssue is not an obligation of the City and it will not affect the City's bond rating or levy capacit . Discussion followed. Councilmember Goodwin commented on a previously-approved project for this ite that would have included taller buildings located closer to the residential homes. Mayor Hamann-Roland read the letter she received today from Mr. Thomas Nel on, 15618 Eddington Way, in support of the proposed project. Mr. John Mehrkens, of Presbyterian Homes, presented 3-D illustrations of the p ject. Mayor Hamann-Roland called the public hearing to order, at 8:07 p.m., to consi er vacating a portion of park, sidewalk, trail, and drainage and utility easement over and acros Outlot G, Cobblestone Lake Commercial3rd Addition, and on the issuance of revenue bo ds by the Public Finance Authority of Wisconsin to finance the PHS Apple Valley Senior Housin , Inc., 195-unit continuum of care facility on Lot 1, Block 1, Presbyterian Homes at Cobbleston Lake. The Mayor asked for questions or comments from the Council and the public. Ms. Suzy Frisch, 4811 159th Street W., expressed concerns regarding the propo al. Ms. Paula Finkelstein, 15584 Dunberry Way, expressed concerns regarding the roposal. The Mayor asked for additional questions or comments from the Council and th public. There were none and the hearing was declared closed at 8:18 p.m. Discussion continued. MOTION: of Hooppaw, seconded by Bergman, accepting the easement for p blic park purposes. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 20 6-143 approving an amendment to the Land Use Map of the 2030 Com ehensive Guide Plan re-designating Lot 1, Block 1, Presbyterian Homes at Cobbl stone Lake, from"HD" (High Density Residential/12+units per acre) and Ou lot A, Presbyterian Homes at Cobblestone Lake, to "P" (Parks and Ope Space), as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw,passing Ordinance No. 101 rezoning Lot 1, Block 1, Presbyterian Homes at Cobblestone Lake, from "PD- 03/Zones 7 and 8" (Planned Development)to "PD-703/Zone 6" (Planned Develo ment). Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2016 Page 5 MOTION: of Bergman, seconded by Goodwin,passing Ordinance No. 101 rezoning Outlot A, Presbyterian Homes at Cobblestone Lake, from"PD-7 3/Zone 8" (Planned Development)to "PD-703/Zone 7" (Pla.nned Developm nt). Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a econd reading and passing Ordinance No. 1017 amending "PD-703" (Planned evelopment), removing the maximum number requirement of assisted living 'ts allowed within a continuum of care facility requirement in Zone 6. Ayes 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Planned Deve opment Agreement with PHS Apple Valley Senior Housing, Inc., for Lot 1, Block 1, Presbyterian Homes at Cobblestone Lake, subject to modificatio as approved by the City Administrator and City Attorney, and authorizing the M or and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin seconded by Bergman, adopting Resolution No. 201 -144 completing vacation of a portion of park, sidewalk, trail, and drai age and utility easements on Outlot G, Cobblestone Lake Commercial3rd Addit on, and authorizing the City Clerk to record the necessary documents. A es - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 20 6-145 approving the preliminary plat of Presbyterian Homes at Cobbles one Lake, with conditions as recommended by the Planning Commission. Ayes 4 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 20 6-146 approving the site plan and authorizing issuance of a building pe it for construction of a 195-unit continuum of care facility on Lot l, Bl ck 1, Presbyterian Homes at Cobblestone Lake (as preliminary platted) with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 20 6-147 approving the final plat and Development Agreement for Presbyt rian Homes at Cobblestone Lake, subject to modifications as approved by the Ci y Administrator and City Attorney, and authorizing the Mayor and City Clerk to s gn the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 20 6-148 authorizing issuance of revenue bonds by Public Finance Authori y and Plan of Finance for PHS Apple Valley Senior Housing, Inc., for a 195-un t continuum of care facility on Lot 1, Block 1, Presbyterian Homes at Cobblesto Lake. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2016 Page 6 MOTION: of Hooppaw, seconded by Bergman, approving partial releases fr m waiver of objection to special assessment agreements, and authorizing the ayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. Mayor Hamann-Roland called a recess at 8:40 p.m. Mayor Hamann-Roland resumed the meeting at 8:46 p.m. CONCEPT PLANS FOR COBBLESTONE LAKE WESTERN PARK Mr. Bernstein introduced this item and presented concept plans for Cobblestone ake Western Park. The Parks and Recreation Advisory Committee reviewed the plans at its J ly 21, 2016, meeting and unanimously recommended moving the plans forward for City Co cil consideration. , Discussion followed. MOTION: of Bergman, seconded by Grendahl, approving the concept plans or Cobblestone Lake Western Park. Discussion continued. Vote was taken on the motion. Ayes - 5 -Nays - 0. VALLEY OAKS DENTAL Ms. Bodmer reviewed the request by Wichmann Properties, Roopnarine and A ie Boodoo, and JJAM Properties for rezoning of property from"GB" (General Business)to "RB ' (Retail Business, a subdivision by preliminary plat, a vacation of drainage and utility ea ements, and a site plan review/building permit authorization for construction of a 4,300 sq. ft. ental office on Lot l, Block 1, Valley Oaks (as preliminary platted). The Planning Commission held a public hearing at its meeting on August 3, 2016, and no comments were received. The lanning Commission then voted unanimously to recommend approval of the project. The Council discussed the project and the condition requiring installation of a bi e rack. Ms. Katie Korogi, of Primus Companies, said Dr. Wichmann is pleased to place small bike rack on his property. MOTION: of Goodwin, seconded by Grendahl, passing Ordinance No. 101 rezoning Lot 1, Block 3, and Lot 2, Block 3, except for the easterly 10 feet thereo , Valley Commercial Park 2nd Addition, from"GB" (General Business) t "RB" (Retail Business), as recommended by the Planning Commission. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2016 • Page 7 MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2 16-149 approving the preliminary plat of Valley Oaks, with conditions a recommended by the Planning Commission. Ayes- 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 20 6-150 approving the site plan and authorizing issuance of a building pe it for construction of a 4,300 sq. ft. dental office on Lot 1, Block 1, Va ley Oaks (as preliminary platted), with conditions as recommended by the Pla ing Commission. Ayes - 5-Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 20 6-151 setting a public hearing, at 7:00 p.m., on September 22, 2016, to consider acating easements on Lots 1 and 2, Block 1, Valley Oaks (as preliminary platted). Ayes - 5 -Nays - 0. URBAN AFFAIRS ADVISORY COMMITTEE MEMBER RESIGNATION Mayor Hamann-Roland commented on the resignation of Committee Member E 1 Wilson and thanked him for his service. This creates a vacancy on the Urban Affairs Advis ry Committee Member with a term expiring March 1, 2017. iMOTION: of Goodwin, seconded by Bergman, accepting the resignation of rban Affairs Advisory Committee Member Earl Wilson and thanking him for is dedicated service to the City of Apple Valley; and directing staff to post th Urban Affairs Advisory Committee vacancy and inviting individuals interested n serving on the Committee to submit an application to the City Clerk by Septem er 30, 2016. Ayes - 5 -Nays - 0. COMMUNICATIONS Councilmember Hooppaw thanked the Police Department for the additional co ercial vehicle enforcement along County Road 46 and Garden View Drive. Mr. Lawell reminded residents the Minnesota Valley Transit Authority (MVTA)provides express service to the Minnesota State Fair and invited the public to register for e Fire Department's Tour de Apple Valley community bike ride on September 10, 201 . CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, seconded by Grendahl, adding the Tour de Apple V lley community bike ride to the calendar of upcoming events included in the Dep ty City Clerk's memo, approving the calendar of upcoming events as amended, a d noting that each event listed is hereby deemed a Special Meeting of the City ouncil. Ayes - • 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2016 Page 8 • MOTION: of Grendahl, seconded Bergman,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 9:24 o'clock p.m. Respectfully Submitted, Parv�►;�.�Go�.r,IZo�v Pamela J. ck etter, City Clerk Approved by the Apple Valley City Council `" ��, on 9- 8- I(o M am -R d, M or • •