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HomeMy WebLinkAbout11/25/2008 CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 25, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and LaComb. ABSENT: None. City staff members present were: City Administrator Lawell, Deputy City Clerk Murphy, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Public Works Director Blomstrom, City Planner Lovelace, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Nordquist, Police Captain Rechtzigel, and Acting Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Deputy City Clerk Murphy administered the Oath of Office to Councilmember LaComb, who was elected on November 4, 2008, to fill the vacancy in the term expiring December 31, 2010. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Goodwin, approving the agenda for tonight’s meeting as amended and adding item 5.E - setting a Special Council meeting on December 9, 2009. 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. 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. Councilmember Bergman requested to move item 4.E to the regular agenda for the purpose of discussion. MOTION: of LaComb, seconded by Bergman, approving all remaining items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 2 MOTION: of LaComb, seconded by Bergman, approving the minutes of the regular meeting of November 6, 2008, as written. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving a change in manager for RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday, in connection with the On-Sale and Sunday Liquor Licenses at 14883 Florence Trail, naming Michael Bunkers as General Manager; as described in the City Clerk’s memo dated November 21, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-211 MOTION: of LaComb, seconded by Bergman, adopting approving plans and specifications for AV Project 2008-14, Palomino Reservoir Rehabilitaion; and authorizing advertising for receipt of bids, at 2:00 p.m., on January 29, 2009. Ayes - 5 - Nays - 0. Resolution No. 2008-212 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Project 08-415, Well Pump No’s 3, 7, and 17 Maintenance, to Keys Well Drilling Company, the lowest responsible bidder, in the total amount of $89,244.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving a Lease Agreement with T-Mobile Central, LLC, for Antennas and Equipment Shelter at Quarry Point Water Reservoir, as attached to the Public Works Superintendent memo dated November 25, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for AV Project 2008- 07, Cedar Avenue Sewer Cleaning Televising, with Pipe Services Corporation, in the amount of $20,928.25, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for 2009 Meter Reading Services with RMR Services, LLC, in the amount of $0.3975 per meter read once per quarter, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for AV Project 2008- 09, Water Treatment Plant AMAG Card Access Control Expansion, with Trans Alarm Security Services, in the amount of $17,987.42, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 1 to the contract with Geislinger & Sons, Inc., for Project 08-387, Sanitary Lift station No. 1 Replacement, in the amount of an additional $57,418.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 3 MOTION: of LaComb, seconded by Bergman, approving Change Order No. 10 to the contract with Ebert Construction, for Liquor Store No. 3 Construction, in the amount of an additional $17,312.32. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 1 to the agreement with Northstar Mudjacking, Inc., in the amount of an additional $371.25; and accepting 2008 Concrete Raising and Leveling Services as final and authorizing final payment in the amount of $9,871.25. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Liquor Store No. 3 Sales Floor Shelving as final, and authorizing final payment on the agreement with AA Equipment Company, in the amount of $20,259.74. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Sports Arena Scoreboard as final, and authorizing final payment on the agreement with AIM Electronics, Inc., in the amount of $12,849.48. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Garbage Truck as final, and authorizing final payment on the agreement with Indianhead Truck Equipment, in the amount of $70,223.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Expansion of Fiber-Optic Network to Liquor Store No. 3 as final, and authorizing final payment on the agreement with MP Nexlevel, LLC, in the amount of $119,229.50. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Radio Communication System Removal and Sale as final, and authorizing final payment on the agreement with Professional Wireless Communications, in the amount of $4,465.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting CCTV/Audio Emergency Monitoring System Upgrades as final, and authorizing final payment on the agreement with Silent Knight Security Group, in the amount of $30,395.15. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving canceling the bid process for 2009- 2010 Mowing and Trimming Maintenance Services as described in the Parks and Recreation Director’s memo dated November 21, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-213 MOTION: of LaComb, seconded by Bergman, adopting declaring City-owned residential property located at 7990 132nd Court West, as surplus and authorizing the disposition process. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the 2007-2009 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 243, Police CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 4 Sergeants, as attached to the Human Resources Manager’s memo dated November 18, 2008, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving hiring the seasonal employees and resignation of employee, as listed in the Personnel Report dated November 25, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-214 MOTION: of LaComb, seconded by Bergman, adopting approving the Final Plat and Subdivision Agreement for Cobblestone Lake South Shore 4th Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for Design and Installation of Municipal Improvements for Cobblestone Lake South Shore 4th Addition with South Shore Development, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA AGREEMENT WITH STATE OF MINNESOTA DOT FOR BITUMINOUS EMULSION Councilmember Bergman asked if this is a new technique the State of Minnesota uses to recondition roadways. He stated northbound and southbound lanes of Cedar Avenue had this process done and the roadway is rough. A truck with a nozzle is used and cracks in the roadway are filled in. He said the City of Apple Valley used it last year. He requested information at a work session as to how this product holds up and if it saves the City money. Mr. Blomstrom stated it is a new technology and as a new technology there is a learning curve for all the agencies using this product. The City has had similar experiences using the product and they have experienced rougher road service but over the last year the department has gained some skill in using the product. It has worked well in terms of durability and certainly has saved time for staff on the application process. He stated it is in a trial period and the department is open to further discussion regarding results in durability and how it will perform in the future. Resolution No.2008-215 MOTION: of Bergman, seconded by Grendahl, adopting authorizing the Master Partnership Agreement with the State of Minnesota Department of Transportation for bituminous emulsion, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. WALMART EXPANSION Mr. Lovelace presented the request of the petitioner for review and consideration of amendments to several existing conditional use permits and site plan/building permit authorization to allow for a CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 5 building expansion to the existing Walmart retail store at 7835 - 150th Street W. He stated Walmart is planning to expand their operations and have a revised plan they would like to present. Mr. Joel Anderson, Regional General Manager for Walmart, thanked the Mayor and Council who worked with him over the past weeks to take what was tabled several weeks ago and put on the table tonight. He feels they have a plan that meets the needs of this community. He stated what is presented before Council this evening is significantly modified from what was presented previously. He thanked the Council for their commitment because he knows they put a lot of time into this project to make it work for the community. He stated all these measures have been taken to bring forth a building that meet the needs of Apple Valley and addresses all the concerns and issues the citizens had regarding sound. Mayor Hamann-Roland thanked Mr. Anderson and stated he clearly listened to what concerns the neighborhood, the citizens, and the City Council had and the challenges faced with the plan as was previously presented. She feels this is a product beneficial to all concerned and is excited that the store will be redeveloped during this challenging economy. Mr. Anderson stated that over the past years Walmart has decentralized and it was the right thing to do for Apple Valley. They are excited to expand here and these changes will bring several hundred more jobs to Apple Valley. Councilmember Bergman thanked Walmart Corporation for the extra effort. He stated the Council took every consideration they could by taking neighbors out to see this particular project. He agreed there is a slight change but believes it will be taken care of by a berm. He believes the project should go forward and he wanted the community to know that eleven years ago they had the opportunity to put the grocery store in and Walmart Corporation chose not to do it. Two years earlier they chose not to put it in. They came before the Council this evening with a different proposal to put a grocery store in. Councilmember Grendahl asked if the resolutions are current if there are revisions. Mr. Lovelace stated they would take one resolution at a time and some resolutions would change. He also added that the berm would be extended farther to the east to help screen the loading area and the back of the building. Mayor Hamann-Roland asked if there were other conditions. Mr. Lovelace stated all the conditions are nearly the same that will be talked about tonight. Hours of operation for the trash compactor were a concern. Originally the compactor was going to be located on the west side closer to the neighborhood and now the compactor will be located within the confines of the receiving dock. They are asking that be struck from all the resolutions Council has before them tonight. Within the resolutions it was requested for a cash deposit to allow for reinspection costs related to how the City's procedure would be to revocate any problems or issues. The Walmart attorney worked with the City Attorney and provided other language that staff has CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 6 reviewed and Walmart would like to be given five years to show the City that they are going to be able to comply. After five years, they will not need to have the cash deposit to make sure they comply. This could be the biggest issue before them. They would like that removed from the resolution and add three new conditions. Staff is recommending approval of all the conditional use permits and also the site plan building authorization and all plans will be referenced as of today's date and not the dates that were in the drafts. Councilmember Bergman expressed concern as to what happens to the current conditional use permit for the storage trailers from October to January. Mr. Lovelace stated that Councilmember Bergman is referring to the storage area on the existing site plan where Walmart is allowed six trailers for temporary storage for peak season usually around Christmas time to allow for product. He stated that with the construction of the new expansion the need for storage trailers will no longer be needed and Walmart has not requested an amendment for any temporary storage trailers at this time. Mr. Brian McCool, Land Use Counsel for Walmart, stated the conditional use permit for storage trailers will be abandoned. He stated there is one additional condition for housekeeping purposes on the site plan/building permit authorization. As the loading dock area had been moved around the site plan allowed for the square footage to change. The new square footage would be 59,016 rather than the 58,580 previously stated and the number of additional parking spaces would increase from 191 to 193. Resolution No. 2008-216 MOTION: of Grendahl, seconded by LaComb, adopting amending Conditional Use Permit No. 1999-107 for relocation of exiting outdoor cardboard bale and shipping pallet storage area on Lot 1, Block 1, Walmarts First Addition, with revisions recommended by staff. Ayes - 5 - Nays - 0. Resolution No. 2008-217 MOTION: of Goodwin, seconded by Bergman, adopting approving an amendment to Conditional Use Permit No. 2003-152 to allow for the modification of the existing permanent outdoor garden center display and sales area, on Lot 1, Block 1, Walmarts First Addition, with revisions recommended by staff. Ayes - 5 - Nays - 0. Resolution No. 2008-218 MOTION: of LaComb, seconded by Grendahl, adopting approving an amendment to Conditional Use Permit No. 2005-66 to allow for the relocation of propane tank display and sales area in the outdoor garden center on Lot 1, Block 1, Walmarts First Addition, with revisions recommended by staff. Ayes - 5 - Nays - 0. Resolution No. 2008-219 MOTION: of Grendahl, seconded by LaComb, adopting amending Conditional Use Permit No. 1999-106 for temporary storage of bagged goods in the Tire Lube Express area, on Lot 1, Block 1, Walmarts First Addition, with revisions recommended by staff . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 7 Resolution No2008-220 MOTION: of Bergman, seconded by Goodwin, adopting . approving site plan/building permit authorization to construct a 59,016 sq. ft. addition and 193 additional surface parking spaces and attaching conditions thereto. Ayes - 5 - Nays - 0. Mayor Hamann-Roland inquired when the store plans to start construction. Mr. Anderson and Mr. William Correll addressed the Council. Mr. Correll, Director of Architecture for Walmart, stated he did not have the construction schedule because he was more interested in having the project approved first. They would like to start construction spring or summer of 2009 which would result in an early 2010 opening. Given the economy, getting contractors mobilized is not nearly the challenge it used to be. He feels they will be moving quickly on the project now. Councilmember LaComb stated that residents do not always see the time involved and effort and there really are four parts and they are all represented here tonight. The corporation came to the table and collaborated on this project, the residents had a voice and saw change to what was originally there several weeks ago, staff worked exceptionally hard and compliments to the staff, and the Council worked it out with all four entities. She stated compromise is a part of good team work and this is the best example she has seen in a long time. 2009 ON-SALE LIQUOR AND WINE LICENSE RENEWALS The City Administrator reviewed the list of on-sale liquor and wine license renewal applications as attached to the City Clerk's memo dated November 21, 2008. Police and tax records were checked and indicate nothing which would preclude renewing the licenses. Mayor Hamann-Roland called the public hearing to order at 8:35 p.m. to consider renewal applications for on-sale liquor and wine licenses for the year 2009 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:36 p.m. MOTION: of Bergman, seconded by Goodwin, approving renewal, for 2009, of on-sale liquor Resolutions No. 2008-221 and wine licenses by adopting for Apple Restaurants No. 2008-222 North, LLC, d/b/a Applebee's Neighborhood Grill & Bar; for Blazin No. 2008-223 Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar; for E1 Azteca No. 2008-224 Apple, Inc., d/b/a El Azteca Mexican Restaurant; for El Toro of No. 2008-225 Apple Valley, Inc., d/b/a El Toro Mexican Restaurant; for H.O.C., No. 2008-226 Inc., d/b/a Rascals-Apple Valley-Bar & Grille; for Hiraku Japanese No. 2008-227 Restaurant, Inc., d/b/a Kami Japanese Restaurant; for Lancer Food No. 2008-228 Service, Inc.; for LRB Restaurant Company d/b/a Grizzly's Grill N' No. 2008-229 Saloon; for Majors Sports Café of Apple Valley, Inc., d/b/a Majors No. 2008-230 Sports Bar; for Osaka Japanese Restaurant, Inc., d/b/a Osaka No. 2008-231 Seafood & Steakhouse; for Red Robin International, Inc., d/b/a Red CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 8 No. 2008-232 Robin America's Gourmet Burgers and Spirits; for Rich Management, 2008-233 Inc., d/b/a Apple Place; for RT Minneapolis Franchise, LLC, d/b/a Ruby No. 2008-234No. 2008- Tuesday; for UASANDERS, LLC, d/b/a Panino Brothers; 235No. 2008-236 for Wadsworth Old Chicago, Inc., d/b/a Old Chicago; for Water's No. 2008-237 Edge Restaurant, LLC, d/b/a Enjoy!; for Apple Valley American No. 2008-238 Legion Post 1776; for Chipotle Mexican Grill of Colorado, LLC, No. 2008-239 d/b/a Chipotle Mexican Grill; for D & D of Minnesota, Inc., d/b/a No. 2008-240 Famous Dave's BBQ Shack; for Song Long, Inc., d/b/a Song Long; No. 2008-241 and for The Noodle Shop Company - Colorado, Inc., d/b/a Noodles & Company. Ayes - 5 - Nays - 0. APPLE VALLEY EAST FAMILY TOWNHOMES Mr. Lovelace presented the request of the petitioner for a rezoning from Sand and Gravel to Planned Development subdivision by plat of 22.44 acres into one lot and one outlot, and site plan/building permit authorization to allow for construction of 45 townhome dwelling units on the proposed 4.8-acre platted lot. The site is located at the northeast corner of Pilot Knob Road and 155th Street W. Property is Comp Plan guided for medium density residential. Applicant is also requesting that as soon as the preliminary plat is approved they would like to have the final plat approved subject to the condition the applicant work with City staff to finalize the development agreement and private utilities installation agreement. Mr. Lovelace stated the outlot to the west could remain for future development. It had been questioned what would happen with the land to the west. The applicant was asked to do an analysis of the property and they presented it at a work session before the Planning Commission. The land could be used for medium density residential or an opportunity for commercial development. The Planning Commission was not in support of commercial as it is related to some residential but would rather look at that at a later date. Site plan shows the townhouse development with private drive access to the units. There would be play apparatus in the central area as well as open area for use of residents of this development. There are two revisions to the landscaping plan, one being the lack of foundation plantings. The applicant then provided a revised landscaping plan. The plan also allowed for seven trees where the sidewalk would be and the developer has agreed to relocate those trees to another area. Mr. Lovelace presented the elevation plans. The design allows for shake siding panels with brick, roof overhang, and recessed garage doors. The plan provides the necessary right-of-way and the necessary drainage and utility easements around the perimeter of the property. The applicant is asking to do private installation of the utilities which requires the need for an agreement. Mayor Hamann-Roland stated she really wants workforce housing so people can work and live in Apple Valley. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 9 Councilmember Bergman expressed concern what the design would look like because of the housing Apple Valley currently has in the community across from the Apple Valley High School on Hayes Road. He feels that design does not meet the criteria of the Cobblestone Lake design guidelines. Mr. Jacob Fink, Tradition Development, addressed the Council regarding the design. He stated that when they met with Dakota County CDA they tried to design a structure similar to what you would see in the Cobblestone Lake development. Mayor Hamann-Roland inquired if there would be a variation in the colors. Mr. Kim Bretheim, LHB Architects, presented the color schemes of the buildings as brown/tan and green/gray. They are proposing to be consistent between the two color schemes. Councilmember Grendahl stated she had received a phone call from a resident in the neighborhood that this project was coming before the Council this evening and she was surprised. She made reference to a former resolution that stated the project would not come before Council for two years. She asked what changed. She feels they are trying to rush it through approval. The City received three grants in the past and the Council was asked to sign a resolution that the project would not happen with livable communities’ money for two years. She feels she was misled and does not want to jeopardize receiving grants in the future with her colleagues on the committee. Mark Ulfers, Dakota County CDA, addressed the Council. He stated the project they proposed would begin construction in 2010. They would need to buy the land and get the approvals in place so they can be competitive with the application for funding that will occur in the spring in 2009. Those projects that have land purchase and zoning approval are far more likely to get funding resources than those that don't. He stated that is why they are here in terms of the timing. Councilmember Grendahl inquired if they are looking at next spring why does it need to be rushed through tonight. Mr. Ulfers stated they submitted the application months ago and he does not feel it is being rushed. He said the land owner has a strong interest in closing on the land by the end of this year. Councilmember Grendahl questioned if livable communities money was intended for this project and the senior housing. She stated that it came before Council on July 24, 2008, and there were two proposals for funding. She understood that if the project is two years out funding would not be asked for. Mr. Ulfers stated the money is available to purchase the land but that money is not available to do the construction and development. He feels they have an excellent track record in obtaining resources from various agencies and have a high degree of being successful. At this time they do not have all the resources lined up and believes it is totally accurate to say the money is not there yet for the entire project. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 10 Councilmember Grendahl asked Mr. Lovelace if the request was not for the purchase of the property from livable communities’ money. Mr. Lovelace stated he believes that it was and at the time they were trying to utilize all the funding resources that were made available for this project. He said, as Mr. Ulfers stated, that there are several funding resources out there and the livable communities funding is just one of them. Mayor Hamann-Roland requested clarification that this funding is one component of the financial picture and not the entirety. Mr. Ulfers stated in past years funding came from one source for work force housing but currently funding comes from a number of resources. More recently they have had as little as six resources and as many as ten or eleven and those resources need to come together for a project to be completed. If approvals for zoning are in place, they are at a much better position for funding resources than others. Mayor Hamann-Roland inquired if when work force housing was going for the livable communities grant that it was not for the purchase of the land but for the connections. Mr. Ulfers stated that when the application was being considered the City came to the CDA and asked if they would be interested in working on that application with them, and they were interested. So the money that could have been used to purchase the land could now be used for other aspects of the financial package. Councilmember Goodwin believes Councilmember Grendahl is accurate that the intent of the money was for purchase of the land. He does not have a concern if the money from the livable communities grant is used for the purchase of the land or for the project in 2010. His concern is what is presented before them is an internal view of the development not an external view that the public will be looking at as they drive by on the adjoining streets. His concern is more with the back of the building and how it fits in with the current Cobblestone design. He agrees that it is not part of Cobblestone development but he understands that when this plan was to be created it would be designed to fit in with the Cobblestone design. He believes that the most attractive part of this development is going to be on an internal road. He said if he knew what the back of the building would look like he would be more comfortable with the design. He does not agree with Councilmember Bergman that the design looks like the buildings across from Apple Valley High School because what is presented here tonight is from a higher quality and design. He stated that as the CDA started building many years ago they have been improving with every development. Mayor Hamann-Roland inquired how the design of the back of the building could be improved so it would be more welcoming. Mr. Bretheim displayed a design from Rosemount which again addressed the garage side of the building not the street side. He stated they could add additional interest to the back side of the CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 11 building including gables, addition shake elements, and cultured stone. That is one way of dressing up the buildings without breaking up the site plan. Mayor Hamann-Roland stated it would give some relief to the elevation and she likes the cultured stone and believes that adds a nice dimension and texture to the buildings. Councilmember Bergman said looking at the roof lines reminded him of what was built across from the Apple Valley High School. He shares concerns with Councilmember Goodwin regarding the back of the building and thinks it needs to be changed up a little. He questioned Mr. Ulfers on Councilmember Grendahl's comment on the two-year time frame as to when the project would proceed if approved this evening given the economy, funding, and the people waiting on this. He questioned if this project would stay at the two-year time frame or does it all get shifted real fast with the pace we are at right now. Mr. Ulfers stated the primary funding program that helps the CDA is the housing tax credit. This is where they attract the private capital to help build the affordable housing. House tax credits are allocated ahead of time. For 2009 the allocation of those credits was already gone through in summer of 2008. He stated the CDA will be going through the 2010 credits in summer of 2009. You need to build in the year you received the credit at the earliest. You cannot build before then. He stated the opportunity for the 2009 funding has already gone by. Councilmember LaComb stated they have heard a lot how the CDA plans have improved and she has lots of confidence in the CDA. She has evaluated and observed what they have done in past years and what they commit to in a community they produce. She asked Mr. Ulfers if he had any hesitation or concerns to the commitment of this project. Mr. Ulfers stated the CDA projects offer affordability and high quality and that means working with communities to make them fit in. He sees this as a partnership with the City of Apple Valley and each partner needs to put forth their input for a better overall result. They will certainly do their utmost to assure this is the highest quality project they have done to date. MOTION: of LaComb, seconded by Goodwin, waiving the procedure for a second reading and Ordinance No. 849 passing rezoning property from "SG" (Sand and Gravel) to "PD" (Planned Development), as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Grendahl). MOTION: of Goodwin, seconded by Bergman, directing staff to prepare ordinance amendments to "PD". Ayes - 4 - Nays - 1 (Grendahl). Resolution No. 2008-242 MOTION: of Goodwin, seconded by LaComb, adopting approving the preliminary plat of Apple Valley East Family Townhomes, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Grendahl). CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 12 Resolution No. 2008-243 MOTION: of Goodwin, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for construction of 45 townhome units on Lot 1, Block 1, Apple Valley East Family Townhomes, with conditions as recommended by staff. Ayes - 4 - Nays - 1 (Grendahl). Resolution No. 2008-244 MOTION: of Goodwin, seconded by LaComb, adopting approving final plat and Subdivision Agreement for Apple Valley East Family Addition subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk sign the same. Ayes - 4 - Nays - 1 (Grendahl). MOTION: of Goodwin, seconded by Bergman, approving the Agreement regarding design and Installation of Municipal Improvements for Apple Valley East Family Addition subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk sign the same. Ayes - 4 - Nays - 1 (Grendahl). Mr. Ulfers thanked the Council for the support not only for the family housing but also for the senior housing in 2009. They are excited about both projects and they will work hard to win the confidence of all the people in the neighborhood and elsewhere in the community and hopefully people will be proud of the result. COBBLESTONE LAKE SENIOR COMPLEX Mr. Lovelace presented the request of the petitioner, Oxford Senior Funds, for a rezoning from "PD-703/Zone 8" (Planned Development) to "PD-703/Zone 6" which would allow for high density townhomes and apartment dwelling units at an overall density of twenty-four (24) units per acre and mixed retail business, limited business, and institutional uses, and planned development ordinance amendments to the permitted uses, area requirements, and performance standards within zone 6. The request is also for preliminary plat approval that would allow for the subdivision of 10.6 acres into one lot and one outlot. The request for site plan/building permit authorization is for a 214-unit continuum of care facility that will include a senior community complex apartment building on approximately 7 acres of the proposed subdivision. The continuum of care facility will be 3 - 4 stories and will include 152 independent living units, 32 assisted living units, and 30 memory care units, with underground parking and surface parking spaces. The development is located at the southeast corner of 157th Street and Cobblestone Lake Parkway. The property is Comp Plan guided for medium density residential and is consistent with the overall plans for the Cobblestone Lake Development. There are two outstanding items as it relates to this property. The street on the north was designated to be a public street but does not meet the specifications of the Public Works Department nor MnDot. They asked for three proposals: that it be designed to meet those CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 13 standards, be dedicated as park land, or it could continue to be private land with some covenants on it. Access agreements would need to be established to allow for parking. Mr. Lovelace stated this layout is consistent with the original plan that was presented in 2001. What is being proposed at this time is that the northern section be dedicated as public park land which also includes an outlot on the east side of the property for public park purposes. An agreement would need to be established that would allow for direct access into public park land and from this driveway to the underground parking and to future access to the north. The plan allows for an area where trash will be pulled out of the underground garage and wheeled up to the parking lot for pickup at both the north and south locations. Councilmember Bergman requested review of the location of the trash containers. Mr. Lovelace stated the understanding is that trash containers will be on the inside and will be moved to an outside location on trash collection day. After the trash is collected the containers will be pushed back into the underground garages. Councilmember Bergman inquired who would be pushing the containers back into the underground garages. Mr. Lovelace stated the senior care facility will have staff on site to maintain the grounds and general maintenance for the facility and there will be janitorial staff on location as well. Councilmember Bergman asked for clarification if the containers were the dumpster size or smaller containers that would be wheeled out. Mr. Lovelace stated his understanding is that the containers are smaller and would remain inside until trash collection day. If they were to remain outside the entire time, they would need to be screened as stated in the City ordinances. Mr. Ken Norby, nai ARCHITECTS, Inc., stated the containers would be moved on collection day by motorized tractors to the pickup location. Trash collectors would come to empty the dumpsters and then staff would pull the dumpsters back into the building and position them in their proper area. Councilmember Bergman inquired if the area from where the facility staff would pull the dumpsters to for collection was not screened. Mr. Norby answered yes. Councilmember Bergman stated he would have issue with the dumpsters not being screened because the City requires businesses to enclose the dumpster. If the dumpster is pulled out early, then it sits out in the open as a loose dumpster. He feels the dumpster needs to have a wall and swing gate to alleviate quantities of recyclables and trash left to fly around. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 14 Mr. Lovelace said what Mr. Norby is trying to describe is that this would be no different than residential pickup where trash is set out on pickup day and then containers returned inside. This is not like in the commercial areas where trash is in a dumpster all week long and is screened. Councilmember Bergman stated he would agree to that in a residential neighborhood but this is a complex of proportional size that will handle trash volume almost to the point of commercial. He does not want to see trash and it could be screened by installing a block wall and gate. Mr. Tim Trimble, Oxford Senior Funds, said he does not see a problem with enclosing and screening the dumpsters. He feels the Council has made valid points. He does agree that they are wheeled out and then put back in but they are sitting out exposed for awhile. They want to do a quality project and want the neighbors to be happy with the design. Mayor Hamann-Roland stated that would be great if they could have the condition in there that the dumpsters would screened and that it could be done in such a way that it would be attractive. MOTION: of Goodwin, seconded by LaComb, waiving the second reading and passing Ordinance No. 850 rezoning of the Lot 1, Block 1, Cobblestone Lake Senior Complex addition, according to the preliminary plat, from "PD-703/Zone 8" to "PD- 703/Zone 6" and Outlot A and the land area identified as 157th Court from "PD- 703/Zone 8" to "PD-703/Zone 7". Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, directing staff to prepare ordinance amendments to "PD". Ayes - 5 - Nays - 0. Resolution No. 2008-245 MOTION: of LaComb, seconded by Goodwin, adopting approving Cobblestone Lake Senior Complex Addition preliminary plat subject to conditions. Ayes - 5 - Nays - 0. Resolution No. 2008-246 MOTION: of Goodwin, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit to construct a 3 - 4 story, 214-unit continuum of care facility on Lot 1, Block 1, Cobblestone Lake Senior Complex Addition, according to the preliminary plat, as amended with conditions recommended by the Planning Commission. Ayes - 5 - Nays - 0. SPECIAL COUNCIL MEETING Mr. Lawell recommended setting a Special Informal Council meeting, at 4:00 p.m., on December 9, 2008, to conduct interviews for the Fire Chief position. MOTION: of Goodwin, seconded by Grendahl, setting a Special Informal Council meeting at the Municipal Center, at 4:00 p.m., on December, 9, 2008, to interview candidates for the Fire Chief position. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 15 COUNCIL COMMUNICATIONS Mayor Hamann-Roland stated the ice in our community in not something you want to walk on or skate on. She wanted to bring that to everyone's attention and to exercise caution. Councilmember Bergman expressed concern of the shelter at Lac Lavon with the amount of concrete. He feels there was an over use of cement. He was concerned with cracking on the cement. He feels it does not provide shelter and believes it is structurally too tall. Mr. Johnson stated he is not aware of the cracking of the concrete. There is a one-year guarantee on it. He said the Parks Department will look into it. Councilmember Grendahl stated she has received phone calls from residents and has gone out to look at it. She does not want the residents to think we are doing cost cutting if they went out and voted for the park bond referendum. Mr. Johnson stated we were not trying to do any cost cutting. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk’s memo dated November 21, 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 Grendahl, seconded by Goodwin, to pay the claims and bills, check registers dated November 12, 2008, in the amount of $1,793,230.21; and November 20, 2008, in the amount of $6,015,319.42. Ayes - 5 - Nays - 0. CLOSED MEETING LABOR NEGOTIATIONS Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provision of M.S. 471.705, Subd. 1A, to discuss labor negotiations. MOTION: of Grendahl, seconded by Bergman, to enter into a closed meeting and convene in closed session to discuss AFSCME union labor negotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 9:55 p.m. In attendance were Mayor Hamann-Roland, Councilmembers Bergman, Goodwin, Grendahl and LaComb; Human Resources Strauss, City Administrator Lawell, Deputy City Clerk Murphy, Public Works Director Blomstrom, CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2008 Page 16 and Parks and Recreation Director Johnson. The meeting was tape recorded as required by law. The Council reconvened in open session at 10:29 p.m. MOTION: of Grendahl, seconded by LaComb, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:30 o’clock p.m. Respectfully Submitted, /s/ Joanne Murphy Joanne Murphy, Deputy City Clerk Approved by the Apple Valley City Council on 12-11-08