Loading...
HomeMy WebLinkAbout08/27/2020 _ CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2020 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 27, 2020, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. - City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, IT Manager Bang, Planner Bodmer, Assistant City Administrator Grawe, Finance Director Hedberg, City Planner Lovelace, Commuriity Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of_Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Hooppaw, seconded by Bergman, removing item 4.G - Adopt Resolution Approving 2020 CARES Act Grant County-Municipality Agreemerit for COVID- 19 Related Election,Expenses from the agenda, 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. No one requested to speak. ' , c 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. Councilmember Bergman stated he was happy the Police Liaison Services agreement was re- � negotiated and gave kudos to the Police Department for the great working relationship it continues to have with the School District. Councilmember Grendahl commented on the generous donor of the Lebanon Cemetery ceremony shelter and inquired about the need to reject the bids for the project. Mr. Saam responded that the best chance to get better bid prices is in the winter. � CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2020 Page 2 � Councilmember Grendahl also commented on the 2021 Street and Utility Improvements project which includes $6 million in road projects that is on the consent agenda that will not be assessed to residents. �MOTION: of Greridahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of August 13, 2020, as written. Ayes - 5 -Nays - 0. , - MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-91 accepting, with thanks, the donation of two flower planters from Helen Rix, in honor of Mary Rix, for use by the Parks and Recreation Department at Senior Center. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-92 accepting, ;with thanks, the donation of$3,000.00 from the Swanson family for the purchase of a bench in memory of Jeff Swanson, for use by Lebanon Cemetery. Ayes - 5 - Nays - 0. . MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-93 accepting, with thanks, the donation of$294:00 towards the purchase and planting of a tree from Paula Hildman and Minnesota US Soccer, for use by the Parks and Recreation Department. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-94 accepting, with thanks, the donation of$156.00 towards the purchase and planting of a gingko tree from Team Show Gun, for use by the Parks and Recreation Department. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to Warrior 196 Leadership Foundation, for use on October 31, 2020, at the Apple Valley High School (outdoors), 14450 Hayes Road, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing use of Coronavirus Aid, Relief, ' and Economic Security(CARES)Act Funding�for purchase of CivicRec� Software and approve the agreement for Parks and Recreation Management Solution Software with CivicPlus�, as described in the Acting Parks and Recreation Director's memo. Ayes - 5 -Nays - 0. F CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2020 Page 3 MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-95 rejecting bids for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter. Ayes - , 5 -Nays - 0. . MOTION: of Grendahl, seconded by Goodwin, authorizing Project 2020-151, Stormwater Monitoring Stations. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-96 directing the City Engineer to prepare plans and specifications for Project 2021-101, 2021 Street and Utility Improvements. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Police Liaison Services Agreement with Independent School District 196, for the 2020-2021 school year, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Agreement for Project 2020- 141, Galaxie Avenue & 153rd Street ADA Improvements, with McNamara Contracting, Inc., in the amount of$55,640.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 2020-132, Columbaria � Purchase and Installation, as complete and authorizing final payment on the agreement with Cold Spring Granite Company, in the amount of$25,341.00. Ayes - 5 -.Nays - 0. � MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2020-97 amending the 2020 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the personnel actions as listed in . the Personnel Report dated August 27, 2020. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin,to pay the claims and bills, check registers dated August 5, 2020, in the amount of$1,037,079.02, and August 12, 2020, in the amount of$1,390,404.67. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA TAVERN APPLE VALLEY ON-SALE LIQUOR LICENSE , � Ms. Gackstetter reviewed the application by Tavern Apple Valley, LLC, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. She noted receipt of the affidavit of publication of the hearing notice and stated no comments have been received to date. The restaurant is located at 15435 Founders Lane and the premises includes the outdoor patio. She stated the Police Department completed the necessary background investigation and found no reason the license could not be authorized at this time. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2020 Page 4 Mayor Hamann-Roland called the public hearing to order at 7:15 p.m. to consider the application by Tavern Apple Valley, LLC, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:16 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2020-98 approving � issuance of a 2020 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to Tavern Apple Valley, LLC, for premises located at 15435 Founders Lane. Ayes - 5 -Nays - 0. J Mr. Timothy Cary, CFO &President of Tavern Apple Valley, LLC, said they are a family- friendly restaurant, and Apple Valley is a great fit for their brand. � . Mayor Hamann-Roland welcomed them to Apple Valley. RED ROB1N TEMPORARY ON-SALE LIQUOR LICENSE PREMISES Ms. Gackstetter said Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers &Brews, located at 15560 Cedar Avenue, submitted an application for temporary outdoor dining including a temporary expansion of their liquor licensed premises. If approved, the temporary outdoor dining area and temporary amendments to licensed premises will expire on November 15, 2020. Discussion followed. , - MOTION: of Hooppaw, seconded by Goodwin,adopting Resolution No. 2020-99 amending the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales issued to Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers &Brews, located at 15560 Cedar Avenue,by temporarily amending the licensed premises to include the temporary outside dining area identified in Exhibit A. , Ayes - S -Nays - 0. � CIDER RIDGE MARKETPLACE/HOPE CHURCH COMMERCIAL Ms. Bodmer reviewed the request by Hempel Companies and Hope Church of C&M Alliance for rezoning, a subdivision by preliminary plat, a Conditional Use Permit for bank drive-thru teller window, and a site plan review/building permit authorization to construct a 7,130 sq. ft. Cider Ridge Marketplace on the west wide of Hope Church property located at 7477 145th Street W. � On June 19, 2020, the Planning Commission voted unanimously to recommend approval of this proj ect. Discussion followed. MOTION: of Goodwin, seconded by Hooppaw,passing Ordinance No. 1079 rezoning Lot 1, Block 1, Hope Alliance Addition(as preliminary platted), from"P" (Institutional) to "PD" (Planned Development).- Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2020 Page 5 MOTION: of Bergman, seconded by Hooppaw, directing staff to prepare an ordinance to , codify the uses,performance standards, and area requirements for the planned development. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-100 approving the subdivision by preliminary plat of Hope Alliance 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2020-101 approving a Conditional Use Permit to allow a bank drive-thru teller window on Lot 2, Block 1, Hope Alliance 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2020-102 . approving the site plan and authorizing issuance of a building permit for �� construction of a 7,130 sq. ft. bank Cider Ridge Marketplace on Lot 2, Block 1, Hope Alliance 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. � Mr. Ben Krsnak thanked staff. He said it is easy to work with the City and collaborate on , - � proj ects. � ' APPLEWOOD POINTE OF APPLE VALLEY � Mr. Lovelace reviewed the request by United Properties for rezoning, a subdivision by - preliminary plat, and a site plan review/building permit authorization to construct a 3 to 4 story/98-unit senior cooperative building on the northeast corner of Pilot Knob Road and , McAndrews Road (12444 Pilot Knob Road). On August 5, 2020,the Planning Commission voted to recommend approval of this proj ect Mr. Anderson provided additional details relative to the traffic study and site access. Due to safety reasons, the proposed access configuration on the two Dakota County roads would likely be the same regardless of whether the site is used for single-family, apartments, or commercial. He added that this type of use generates the lowest number of trips and has the lowest impact from a traffic-safety standpoint. He then presented crash data for the CSAH 31/38 intersection. Councilmember Grendahl questioned a development that encourages U-turns for access and voiced her concerns regarding safety and storm water. Discussion followed. Mr. Alex Hall,United Properties,provided background on their company and senior cooperatives, and additional information regarding traffic. CITY OF APPLE VALLEY - Dakota County, Mirinesota August 27, 2020 Page 6 Councilmember Grendahl asked if the project could be scaled back from 98 units and four stories. Councilmember Bergman said he likes the height of the building but thinks it is lacking the necessary amenities. Discussion contiriued. Ms. Sue Brehm said the question she submitted in an email regarding site lines was addressed. She hopes the County conducts the speed study and said it may be necessary to annex part of the golf course in order to have safer access onto the property. Mr. Steven Barnier, 12686 Durham Way,believes there are too many red flags on the project. He commented on U-turn safety,traffic, crash statistics, and parking. He asked the Council not to vote yes on the project. Mr. Brian Wareham, 12581 Driftwood Court, commented on aesthetics and landscaping, noise, , lighting,U-turns,the number of accidents, and;the traffic counts. He asked for the property to be " designated R-1 or low density. Mr. Ian Ellis, 12641 Dover Drive, commented on crash data,U-turns, senior living and driving, and the lack of walkability at this location. Ms. Rita Ulrich, 405 Oakland Lane, Burnsville, said she grew up on this property. She said senior drivers are capable of making U-turns and the site is walkable with trails and a regional � park nearby. She believes it is the best possible project for this site. ' Councilmember Hooppaw acknowledged that traffic is the biggest concern. He pointed out that this use gives the Council some control because it is a Planned Development. Mr. Brent Hislop, 6000 Strawberry Lane, Excelsior, said he has been working with the Ulrich _ family on this site for over two years. He believes the traffic configuration has been properly vetted by t affic professionals. Discussion continued. Mayor Hamann-Roland called a "recess at 9:28 p.m. ' Mayor Hamann-Roland resumed the meeting at 9:37 p.m. Councilmember Goodwin provided a brief history on this property. He said he is having a hard time with a four-story building. Councilmember Grendahl wanted to make sure the neighbars understood that if the Council denies this project someone could come in tomorrow and build a three-stbry apartment building with 90 units. The Council could lose control if it is not a Planned Development. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2020 _ Page 7 Mr. Dougherty confirmed that was correct. The Council continued to discuss the project. Mayor Hamann-Roland said she has never seen a project of this magnitude with such a change in character where the developer did not meet with the neighbors. That important step was missed. Discussion followed. Mr. Roy Ulrich, 5534 138th Street W., said he does not believe this project is contributing to the noise. He thinks people do not want change in their back yard. He commented on traffic and U- turns. Councilmember Goodwin wished the neighborhood had an opportunity to learn more about what the alternatives or options are. Mr. Barnier said the biggest concern is traffic and that cannot be solved. He asked for time for the neighbors to meet. Discussion continued. Councilmember Grendahl said she would like the neighbors to talk and she would like the proj ect downsized. MOTION: of Grendahl, seconded by Hamann-Roland, tabling consideration of item S.D - Applewood Pointe of Apple Valley to September 10, 2020. Mr. Hall said he would grant an extension to September 24, 2020. He hopes there is an understanding that the issues surrounding traffic will likely not get resolved if they meet with the neighborhood. However, they will gladly meet with neighborhood representatives to discuss landscaping and other issues. Vote was taken on the motion: Ayes - 4 -Nays - 1 (Bergman). COMMUNICATIONS Councilmember Hooppaw asked staff to ensure the options available on projects such as this are better communicated at Planning Commission meetings so neighborhoods and everyone is aware what the options are before it gets to this point. Mayor Hamann-Roland requested future development processes include neighborhood meetings. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2020 Page 8 CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded Hooppaw, to adjourn. Ayes - 5 -Nays - 0. : The meeting was adjourned at 10:21 o'clock p.m. Respectfully Submitted, Pa�m� Pamela J. Gac s ett ,� ity Clerk , � Approved by the Apple Valley City Council on 4-I O-2o y m -R land, a r