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HomeMy WebLinkAbout09/25/2008 CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 25, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin, Bergman, LaComb, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, City Engineer Manson, Parks Maintenance Superintendent Adamini, Public Works Director Blomstrom, Assistant City Administrator Grawe, Human Resources Representative Haas, Police Chief Johnson, City Planner Lovelace, Community Development Director Nordquist, Police Captain Rechtzigel, and Acting Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8:01 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, adding item 5.G – El Toro of Apple Valley, Inc., d/b/a El Toro Mexican Restaurant, and approving the agenda for tonight’s meeting as amended. Ayes - 5 - 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. There were no requests. 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 LaComb, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of LaComb, seconded by Goodwin, approving the minutes of the regular meeting of September 11, 2008, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 2 Resolution No. 2008-184 MOTION: of LaComb, seconded by Goodwin, adopting accepting, with thanks, the donation of $800.00, from Mr. Jean Quinlan, a resident of Apple Valley, for use by the Police K-9 Unit and D.A.R.E. Program. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving issuance of a 2008 Christmas Tree Sales Lot license to Bill Brabec d/b/a Silver Bell Christmas Tree Farm, for use on Lot 2, Block 1, East Valley Plaza 3rd Addition (between Upper 141st and 140th Streets), as described in the City Clerk’s memo dated September 25, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-185 MOTION: of LaComb, seconded by Goodwin, adopting appointing individuals listed in the resolution to serve as judges for the General Election to be held on November 4, 2008, in the City. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the reduction of financial guarantee for Oakwood Hills from $183,619.60 to $95,315.00, as listed in the Community Development Department Assistant’s memo dated September 25, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-186 MOTION: of LaComb, seconded by Goodwin, adopting awarding the contract for the Apple Valley Senior Center Hydraulic Elevator to Schindler Elevator Corporation, the lowest responsible bidder, in the amount of $56,465.00. Ayes - 5 - Nays - 0. Resolution No. 2008-187 MOTION: of LaComb, seconded by Goodwin, adopting awarding the contract for the Apple Valley Senior Center Project #1271 - Fixed Audience Seating, to Hufcor Minnesota, the lowest responsible bidder, in the amount of $19,686.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Pond WVR-P191 Outlet Control, in connection with Project 05-312, with Bruhn Excavating, in the amount of $22,592.42, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Palomino Lattice Tower Rehabilitation, in connection with Project No. 08-409, with Tight Rope, Inc., in the amount of $20,200.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving a Lease Agreement with Loffler Companies, for multi-function copier machine at the Central Maintenance Facility, for 36 months, as attached to the IT Manager’s memo dated September 22, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 3 MOTION: of LaComb, seconded by Goodwin, approving Change Order No. 7 to the contract with Ebert Construction, for Liquor Store No. 3 Construction, in the amount of an additional $5,138.72. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving Change Order No. 1 to the Agreement with Infratech, Infrastructure Technologies, Inc., with a deduction of $975.00; and accepting 2007 Cured-In-Place Pipe Repairs to Sewer Lines as final and authorizing final payment in the amount of $1,600.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, accepting 2008 Outdoor Pool Water Management as final and authorizing final payment on the Agreement with Hawkins, Inc., in the amount of $54,000.00. Ayes - 5 - Nays - 0. Resolution 2008-188 MOTION: of LaComb, seconded by Goodwin, adopting approving a City contribution of $830.00 per month towards employee health/dental/life insurances for benefit-eligible non-union employees covered by the Pay and Benefit Plan effective January 1, 2009, as described in the Human Resources Manager's memo dated September 19, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated September 25, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the language for the 2009 Truth in Taxation Notice insert as attached to the Finance Director’s memo dated September 21, 2008. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PROCLAIM FIRE PREVENTION WEEK Acting Fire Chief Thompson was present and reviewed activities the Fire Department will be conducting during the week of October 5th at elementary schools in the City. The 2008 theme for Fire Prevention Week is “Prevent Home Fires”. Public open houses will be held, from 6:00 to 9:00 p.m., at Fire Station No. 1 on October 7, at Fire Station No. 2 on October 8, and at Fire Station No. 3 on October 9, 2008, and everyone is invited. MOTION: of LaComb, seconded by Grendahl, proclaiming October 5-11, 2008, as "Fire Prevention Week" in support of the Fire Department's public safety efforts and urging all citizens to install smoke alarms and carbon monoxide detectors, and to plan and practice fire drills. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 4 CEDAR AVENUE NOISE WALLS Mr. Nordquist introduced Chris Hiniker, Transportation Planning Services Project Manager for SEH, and Kristine Elwood, Dakota County Engineer and Cedar Avenue Project Manager, who summarized the data presented at the informal meeting regarding the sound study and noise walls along Cedar Avenue. Ms. Kristine Elwood said one element of the Environmental Assessment (EA) for Bus Rapid Transit (BRT) is traffic noise analysis along Cedar Avenue. The County has analyzed the noise from 138th Street to County Road 70. They also talked with staff, met with residents, and mailed surveys to residents directly adjacent to locations where noise walls meet the benefit criteria. As part of the Federal highway process and environmental documentation, a resolution is required from the City Council regarding noise walls. Mr. Chris Hiniker reviewed the noise analysis results summary. The feasibility of a noise wall was analyzed at six locations. Three of the six locations met the cost-effectiveness criteria. Input was collected from residents which would benefit from the noise walls. Questionnaires were sent to 31 residences. Ten were returned. He then summarized the responses from the questionnaire. He stated that once the County receives the resolution from the City stating it is for or against the noise walls, the County can wrap up the environmental review process and proceed with the final design process, and ultimately, the construction. Mayor Hamann-Roland stated that during the informal meeting there was strong consensus by the Council that the architectural landscape in Apple Valley does not seem to fit with noise walls; and that berming, landscaping, and other noise mitigation methods are preferred. She requested the order of the noise-reducing treatments in the resolution be changed to read berms, landscaping, and privacy fencing. Resolution 2008-189 MOTION: of LaComb, seconded by Goodwin, adopting approving not supporting noise walls and approving supporting alternate noise buffering techniques in conjunction with the Cedar Avenue BRT project, and amending the order of the noise-reducing treatments in the resolution to read “…berms, landscaping, and privacy fencing…”. Ayes - 5 - Nays - 0. Mr. Will Branning, Dakota County Commissioner, thanked the Council. The resolution allows Dakota County to take the next steps on the Cedar Avenue transitway. CENTENNIAL CAMPUS PROJECT HEALTH CARE REVENUE BONDS Ms. Trudy Halla, of Briggs and Morgan, reviewed the request for host approval to the issuance of Health Care Revenue Bonds by the City of Eagan for the Centennial Campus Project. She noted neither Apple Valley nor Eagan will be responsible for or have any liability for the bonds. Mayor Hamann-Roland questioned the completion of landscaping on the property. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 5 Ms. Janis Rivers, Manager of Centennial House, said she understood there was a question regarding the landscaping prior to Ecuman taking ownership of the property. She believed that concern has since been resolved. Councilmember Bergman affirmed. He stated the landscaping will be completed when the berming on the project is completed, which should be next spring. Councilmember Grendahl asked if the commitment regarding landscaping was put in writing. Mr. Lovelace said it was included in the landscape plan that was approved several months ago. Mayor Hamann-Roland called the public hearing to order at 8:28 p.m. to consider giving host approval to the issuance of Health Care Revenue Bonds by the City of Eagan for Ecumen Corporation’s Centennial Campus Project. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:29 p.m. Resolution No. 2008-190 MOTION: of Goodwin, seconded by Bergman, adopting giving host approval to the issuance of Health Care Revenue Bonds by the City of Eagan for Ecumen Corporation’s Centennial Campus Project. Ayes - 5 - Nays - 0. WALMART ADDITION Mr. Lovelace reviewed the request by Walmart for four Conditional Use Permit amendments and a site plan review/building permit authorization of a 58,000 sq. ft. building addition and 191 additional surface parking spaces. The 19.5 acre lot is located at 7835 150th Street W. As background, he reviewed the original or existing plans and the expansion plans and elevation drawings approved in March 2007. Walmart abandoned the 2007 proposal and now has a new proposal which is approximately16,604 sq. ft. smaller than the 2007 proposal. He then reviewed the elements of the new proposal as well as the new elevation drawings. There are no major outstanding issues. He added that several comments have been received from the public and are included in the packet. Councilmember Bergman asked what the height is of the wall on the west side of the current building. Mr. Lovelace stated it is approximately 24 to 26 feet. Councilmember Bergman asked what the height is of the wall on the proposed plan. Mr. Lovelace responded it is 26 feet. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 6 Mayor Hamann-Roland said Councilmember Bergman, Mr. Lovelace, and she toured another Walmart store to see the loading dock and hear the compactor and compressors. She asked what is being planned to mitigate sound at this location. Mr. Lovelace stated Walmart hired a consultant to evaluate the noise generated from the truck relocation, the compressor units, and compactor. He reviewed the sound suppression recommendations based on their consultant and an independent noise consultant hired by the City. Walmart submitted a memo stating it will meet the recommendations made by the City’s noise consultant. The Planning Commission reviewed this item at its meeting on September 3, 2008, and voted unanimously to recommend approval of the Conditional Use Permit amendments and site plan/building permit authorization. Mayor Hamann-Roland asked about the energy efficiency of the expanded building. Mr. Lovelace stated it would not be LEED certified but the building will have several green components. Mayor Hamann-Roland stated perhaps the building could be Green Globe certified. Mr. Lovelace commented about the proposed sidewalk on the west side of the building that would be a mid-block crossing on 147th Street at Guthrie Avenue. The City’s engineering consultant, the Public Works Director, and the City’s traffic consultant expressed concerns regarding that crossing. As a result, staff is recommending an amendment to the site plan/building permit authorization to exclude the sidewalk on the west side of the building. Ms. Lisa Nelson, Senior Manager of Public Affairs for Walmart, introduced representatives from Walmart. She said Walmart is excited about the expansion in Apple Valley. She regrets changes had to be made to the plan, but company direction required all plans in the pipeline be revisited. It is a different environment. Walmart has cut the number of stores it is building from 270 to 150. They are looking at the stores from a smarter growth and smarter project perspective. Through reworking the project they believe it is a better project. She then reviewed the sustainability goals and design features. Ms. Nelson noted Walmart has been in the community nine years. She highlighted various facts regarding the existing store and reviewed key elements and benefits of the new proposal. The smaller building footprint is more sustainable and better received by customers. She added that they are very excited to be here and ready to get moving on the expansion. Mayor Hamann-Roland stated the Council has received several phone calls and emails in support of the store. Councilmember Grendahl asked if Walmart sold the two outlots in front of the store. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 7 Ms. Nelson said yes, they were sold. Councilmember Grendahl said that is unfortunate. If the lots had not been sold perhaps the footprint could have been moved so the store is not as close to the neighborhood. She added that in 1997 she did not anticipate the store was going to be expanded. Councilmember Goodwin asked about the noise mitigation relative to the location of the proposed loading docks. Mr. Charles Howley, Civil Engineer with Hansen Thorp Pellinen Olson, Inc., presented a plan showing the approved plan and the proposed plan. Mr. David Braslau, Acoustics Consultant for Walmart, presented a noise simulation for the existing loading dock, the approved dock, and the proposed loading dock. With the existing dock, the trucks come within 270 feet to the closest residence. The 2007 approved plan would bring trucks within 215 feet to the closest residence. The closest trucks would come to residences in the proposed plan is 450 feet. The building and wall will create shielding from the noise. The walls will also have absorption on the insides of the walls. He noted the proposed dock solves many problems. He then summarized observations relative to truck dock noise. There is no argument that the proposed dock will be much quieter than the existing or the approved dock. The fact that the dock is moved closer to the west benefits the neighborhood in that the sound and activities are moved to the east. Councilmember Goodwin acknowledged the applicant’s position that the proposed plan will be quieter, and noted the City’s noise consultant also backs that position. Councilmember Bergman questioned the noise mechanism utilized by trucks when they back up. Mr. Braslau responded that backup beepers are no longer used. Mr. Vaughn Harris, Walmart Transportation Safety Manager, stated the trucks used by Walmart do not have a beeping mechanism. They use 4-way flashers. Councilmember Bergman asked about delivery trucks which are not from Walmart’s fleet. Mr. Harris stated the grocery trucks do not have beepers either. He is unsure about UPS, Coke trucks, or similar trucks. Councilmember LaComb stated she has some concerns about the noise. She said noise can be considered minor or perceived until you live next to it, and then it becomes a real problem. She noted Walmart was willing to work with the neighborhood in 2007. She questioned Walmart’s flexibility in this plan. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 8 Mr. Braslau asked what specific noise issue is of concern. Councilmember LaComb answered that the data presented indicated the noise will be reduced, but it did not addressed more customers, more traffic, and more trucks. Mr. Braslau reviewed various statistics relative to noise barriers. He stated they are trying to bring the noise level down to the ambient noise level in the neighborhood. The noise from a typical car will be 10 dBA louder for a neighboring home than a truck using the proposed dock. Councilmember LaComb noted that on two separate occasions Walmart has been a good community partner and has been flexible and moved the loading dock. She asked if they can also be flexible on this occasion. Mr. Braslau said this is the quietest truck dock they are able to come up with. Ms. Nelson said she knows the Council cares about its citizens and its residents that live in that neighborhood. Unfortunately, Walmart will not build the store that was approved in 2007. She stated she has walked the neighborhood, knocked on doors, and met with neighbors. Walmart has notified people within and beyond the required parameter of the super center. Walmart wants to be a good neighbor and she believes they have done their due diligence to work with the neighborhood to be as accommodating as they possibly can. She stated only a handful of residents who have come to the open house meetings have commented about the noise. The new plan is a much better proposal in terms of the noise. By keeping the grocery on the east side of the property they are encouraging traffic on the more commercial end of the property. In order to build this store, the efficiencies they are proposing need to be implemented. Councilmember Bergman noted the residents were in this area before the store was built. He will not put a loading dock next to a residential neighborhood. Walmart has had two years to build something like this in another community, but they have not. This Board likes proven information. He has heard comments about the fact that Target has a loading dock in a residential neighborhood. The difference is the properties around Target are empty. If a resident chooses to locate there, they will be aware they are moving in next to a loading dock. Placing five loading docks next to a residential neighborhood is a major issue for him. Councilmember Goodwin stated he is puzzled by the comments. There is already a loading dock there. This is a quieter solution than it is now. He understands it is in theory because it is not built yet, but quite often that is what the Council looks at when it reviews plans, because the buildings and docks are not built. In addition, the trucks no longer beep when backing up. If the expansion is approved but not the loading docks, it would be louder yet. The Planning Commission spent a lot of time on this proposal relative to noise. They were able to resolve the noise issue by moving the entrance to the east. He believes they have resolved it the best way they can. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 9 Councilmember Grendahl stated Ms. Nelson did not believe the neighborhood was concerned about noise, yet there are several residents in the audience who she believes are here because of the noise. She recommended the Council hear from them. Mayor Hamann-Roland stated before she opens the floor up to the audience, she would like to finish the discussion amongst the Council. Councilmember Bergman stated the loading docks are currently on the commercial end of the property. He asked Walmart if the super center got built according to their first proposal, before it was changed in 1997, and the loading docks were on the west end of the property, would they be back today with a revised proposal due to inefficiencies. No matter where the loading docks are product will need to be moved from one side of the store to the other. He also commented about the trash compactors. He is not convinced about the noise. The loading dock is an issue for him. If the corporation builds something similar and is able to prove that their sound suppression works and he can go to the vicinity to talk to the neighbors to confirm it, he will support it. Mayor Hamann-Roland stated the Council has received many voicemails and emails from residents supporting the expansion because times are tough and people want to buy organics at more reasonable prices. It is a challenging situation, but recommends looking at the whole. She commented about the tour to another Walmart site to evaluate sound. She stated that the people living in the neighborhood who are currently bothered by the sound and realize the proposal will add two more loading docks, are probably suspicious that the end result may be different from the information Walmart is giving the Council. She asked Mr. Braslau what assurances he could give the neighborhood regarding the proposed sound suppression. Mr. Braslau said noise barriers work. Noise is a physical quantity that spreads out. By interfering with that sound, the energy is reduced, and the sound is reduced. There are five truck docks, but that does not mean they will all be used at the same time. Most trucks come in during the day. Very few trucks come at night. Mayor Hamann-Roland questioned whether it would be possible to have zero trucks come in at night. Mr. Art Ebbinger, Walmart General Transportation Manager, said the average delivery time on the 14 trucks that delivered to Apple Valley last week was 9:00 a.m. One truck arrived at 11:44 p.m. Over the course of the last two weeks, there were 27 deliveries, 3 of which were made after 11:00 p.m. There are currently 13 stores that have a limited delivery time. If it is deemed necessary, Apple Valley can be added to that list. Mayor Hamann-Roland said that since this is a unique situation and it is important to work with the neighbors, she questioned if it would be possible to restrict deliveries after 10:00 p.m. Mr. Ebbinger said that could be done today. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 10 Mr. John Hubener, Walmart Marketing Manager, noted that the Walmart fleet is only one part of the equation. The DSD vendors represent the other part of the equation. They are the same vendor partners all grocers have. Walmart can control the DSD deliveries for set times. The only exception which cannot be answered at this time is whether or not it is possible to put restrictions on milk deliveries. The dairy industry delivers at certain times of the day. He indicated he would check to see if it is possible to limit their delivery times as well. However, he cannot commit to that until he checks into it. Mayor Hamann-Roland challenged Mr. Hubener to control that delivery aspect as well. Mr. Hubener asked what the total restricted time would be. Ms. Marcy Lovejoy, 14718 Guthrie Avenue, said she thinks it may be noisier if the driveway is moved to the east. She likes the idea of restricting deliveries after 10:00 p.m. She said the beeping and clanking is noisy and commented about the noise generated from cleaning the parking lot as well. Mayor Hamann-Roland said timing of sweeping of the parking lot is another area that can be looked at. She then asked what time Ms. Lovejoy would recommend deliveries resume. Ms. Lovejoy said she is flexible, but suggested somewhere around 6:00 a.m. Mayor Hamann-Roland asked if Walmart restricted deliveries between 10:00 p.m. and 6:00 a.m. if the neighborhood would be amenable to that. Ms. Lovejoy believed it would be acceptable. She said the residents are happy with many things Walmart has done. However, it creates a trust issue when the trucks are not supposed to be idling over night, yet they do. With additional docks, there is concern additional trucks would create more noise. She is not confident the sound suppression methods proposed will be sufficient to offset the additional truck traffic. Mayor Hamann-Roland called a recess at 9:51 p.m. Mayor Hamann-Roland resumed the meeting at 9:59 p.m. Councilmember Grendahl stated there have been compliance issues with Walmart from day one. She questioned who would be responsible to monitor that there are no deliveries between 10:00 p.m. and 6:00 a.m. She said she would like to check the status of other compliance concerns. She asked if this issue must be acted on this evening. Mayor Hamann-Roland said that is a good question. She also encouraged Walmart representatives to look at the Walmart in Rosemead, California, that has very specific regulations for their store. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 11 Mr. Lovelace said there is time remaining so that it would not need to be acted on this evening. He asked what additional information would be helpful for the Council to have. Councilmember Grendahl suggested getting confirmation regarding milk deliveries. Mayor Hamann-Roland asked Walmart and staff to investigate Rosemead, California, regarding specific things they did with that neighborhood. Mr. Lovelace noted construction activity can occur between 6:00 a.m. and 10:00 p.m., grading can occur between 6:30 a.m. to 5:30 p.m., and garbage trucks can begin picking up at 6:30 a.m., so there are some standards and restrictions which the City has already set. Councilmember Goodwin recommended continuing the discussion until all the concerns are brought forth in case there are other things the Council would want staff to investigate. Councilmember Bergman said he does not agree with the 10:00 p.m. restriction. He stated the City of Minnetonka has more strict time constraints on its deliveries. The loading dock is the sole issue. He asked Walmart if they could move the grocery to the east end of the store where the loading docks are. Mr. Brian McCool, Land Use Counsel for Walmart, said it will not work operationally to have loading docks on the east end of the building and the grocery on the west end. There is a cold chain that needs to be maintained with grocery items. Walmart will not build that store. MOTION: of Grendahl, seconded by LaComb, tabling consideration of the Walmart expansion until October 9, 2008. Ayes - 4 - Nays - 1 (Goodwin). Mr. Lovelace said staff can look at the restrictions placed on the Walmart stores in Minnetonka and Rosemead. He asked what other items the Council would like presented. Councilmember Grendahl said she would like information regarding compliance on existing matters and how compliance on restricted hours would be monitored. Councilmember LaComb asked information regarding the amount of time to move the groceries whether the dock is on the east or west side of the building and comparing that to other stores, so that Council is clear on the constraints from the 2007 plan to the new proposal. Mayor Hamann-Roland said she would like the residents to talk to staff regarding the restricted hours to determine if 10:00 p.m. to 6:00 a.m. is appropriate or if it should be something else. She then acknowledged a member of the audience who asked to speak to this item and encouraged him to come to the next Council meeting where this item will be discussed further. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 12 COBBLESTONE LAKE SENIOR APARTMENTS Mr. Lovelace reviewed the request by Dakota County Community Development Agency (CDA) for a rezoning from “PD-703/zone 8” to “PD-703/zone 6”, and planned development ordinance amendments to permitted uses, area requirements, and performance standards within zone 6; a subdivision of 5.85 acres by preliminary plat into one lot and two outlots; and a site plan/building permit authorization for a 60-unit senior apartment building on approximately 2.2 acres of the proposed subdivision. He noted the stormwater infiltration area in the southeast corner of the lot extends beyond the south property line. Staff is recommending one additional sidewalk connection on the south side of the site. In addition, the landscape plan does not meet the 2.5 percent minimum landscaping requirement. However, the lot is very tight. Staff would still like to work with the applicant to see if the requirement can be satisfied, unless the Council is comfortable with the current landscaping plan. Private access agreements will also need to be obtained. Mr. Lovelace reviewed colored renderings and elevation drawings of the proposed building. It is an attractive building that has been reviewed and approved not only by the Planning Commission but by Cobblestone Lake’s architectural review committee. Councilmember Bergman asked if the proposal meets Cobblestone Lake’s design guidelines. Mr. Lovelace said yes. MOTION: of Goodwin, seconded by Grendahl, waiving the second reading and passing Ordinance No. 846 rezoning 5.85 acres known as the Cobblestone South Shore Fourth from “PD-703/zone 8” to PD-703/zone 6”, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2008-191 MOTION: of LaComb, seconded by Grendahl, adopting approving the preliminary plat for Cobblestone South Shore Fourth Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2008-192 MOTION: of LaComb, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for construction of an a three-story 60-unit senior apartment building on Lot 1, Block 1, Cobblestone South Shore Fourth Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, directing staff to prepare ordinance amendments to “PD-703/zone 6”. Ayes - 5 - Nays - 0. Councilmember Grendahl noted the Minnesota Livable Communities Advisory Committee met this morning and the City will be called for questions regarding this project. She recommended having pictures which clearly represented the project. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 13 Mr. Lovelace said staff is already in communications with the CDA and Tradition Development to determine how best to present the proposal. PARKS AND RECREATION ADVISORY COMMITTEE MEMBER RESIGNATION Mayor Hamann-Roland said the next item is acceptance of the resignation of Parks and Recreation Advisory Committee Member Charlie Maus, who wrote a very nice resignation letter, and acceptance of applications to fill his vacancy. MOTION: of Goodwin, seconded by Grendahl, accepting the resignation of Parks and Recreation Advisory Committee Member Charlie Maus, and thanking him for his dedicated service to the City of Apple Valley; and directing staff to post the Parks and Recreation Advisory Committee vacancy and inviting individuals interested in serving on the Commission to submit an application to the City Clerk by October 31, 2008. Ayes - 5 - Nays - 0. Councilmember Goodwin said Charlie Maus has served the Parks and Recreation Advisory Committee for 22 years. He has been one of the finest members of the Committee and has gone above and beyond the call of duty. A big thank you for the wonderful job he has done. EL TORO MEXICAN RESTAURANT ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by El Toro of Apple Valley, Inc., d/b/a El Toro Mexican Restaurant for on-sale and special Sunday liquor as described in her memo dated September 22, 2008, and noted receipt of the affidavit of publication of the hearing notice. The restaurant will seat approximately 80 people, and is located in the Cedar Market Place, at 14638 D Cedar Avenue. She stated the Police Department completed the necessary background investigation and found no reason the license could not be authorized at this time. The owners have indicated the restaurant will open the first part of November. Mayor Hamann-Roland called the public hearing to order at 10:25 p.m. to consider the application by El Toro of Apple Valley, Inc., d/b/a El Toro Mexican Restaurant, for on-sale liquor and special Sunday liquor licenses. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 10:26 p.m. Resolution No. 2008-193 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of 2008 "On-Sale Liquor" and "Special License for Sunday Liquor Sales" to El Toro of Apple Valley, Inc., d/b/a El Toro Mexican Restaurant, for premises located at 14638 D Cedar Avenue. Ayes - 5 - Nays - 0. FALL CLEAN-UP DAY Mr. Grawe reminded residents of Residential Fall Clean-up Day this Saturday, September 27, 2008, from 8:00 a.m. to 1:00 p.m. at the Central Maintenance Facility. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2008 Page 14 CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk’s memo dated September 25, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated September 17, 2008, in the amount of $3,834,502.96; and September 25, 2008, in the amount of $5,660,077.82. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by LaComb, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:29 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 10-9-08 .