City Council Meeting - April 24, 2025
https://www.applevalleymn.gov/492/Meeting-Agenda-Packets
1. CALL TO ORDER AND PLEDGE 1:00
2. APPROVE AGENDA 1:43
3. AUDIENCE 2:04
4. CONSENT AGENDA 8:19
5A. PROCLAMATION – VOLUNTEER RECOGNITION WEEK 9:56
5B. PROCLAMATION – NATIONAL THERAPY ANIMAL DAY 13:05
5C. MCDONALD'S USA, LLC 19:15
5D. HJ DEVELOPMENT AND ROCKPORT, LLC 20:54
5E. HJ DEVELOPMENT AND ROCKPORT, LLC 30:15
5F. SKYLINE SOCIAL & GAMES 33:10
5G. ORCHARD PLACE APARTMENT 40:48
6. STAFF AND COUNCIL COMMUNICATIONS 47:07
7. APPROVE CALENDAR OF UPCOMING EVENTS 51:17
8. ADJOURN
Here is the transcript with speaker names added based on the context provided.
[0:51] Clint Hooppaw: Yeah.
[1:04] Clint Hooppaw: All right, good evening. We'll call this meeting to order for the April 24th, 2025 City Council meeting. Welcome everyone this evening. If you have items on the agenda or are preparing to speak, please come forward to the podium and introduce yourself when your item is called. The first item on our agenda is the pledge of allegiance.
[1:22] Clint Hooppaw: Please stand and join us in the pledge.
[1:27] Audience: I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
[1:42] Clint Hooppaw: All right, thank you. Next item on our agenda is to approve the agenda, and Tom, do we have any changes?
[1:47] Tom Lawell: Good evening, Mr. Mayor, members of the council. We have no changes to tonight's agenda.
[1:52] Clint Hooppaw: No changes this evening, thank you. Do we have a motion to approve the agenda?
[1:54] Ruth Grendahl: So moved.
[1:55] Lisa Hiebert: Second.
[1:56] Clint Hooppaw: Motion from Councilmember Grendahl, a second from Councilmember Hiebert. All those in favor indicate by saying aye.
[2:05] Council Members: Aye.
[2:06] Clint Hooppaw: Opposed, the agenda carries. The next is our audience participation portion of the meeting. This is for items not on our agenda. We have a total of 10 minutes allocated for this, and I have Dave Winstead, who signed up to speak. Dave, you want to come forward, and then if anyone else wants to speak later, we can.
[2:20] Dave Winstead: Thank you. Dave Winstead, I'm a resident here in Apple Valley since 2010. Kids both went to Eastview High School. I live just to the west side of Eastview in the Cedar Isle neighborhood. I read on the city website about air traffic noise and I’m actually just interested in joining the conversation on the topic. I attended a council meeting in 2012 when my son was in the Boy Scouts, and there was a MAC representative here who presented and actually was—it seemed like he was reporting to the council about where the traffic patterns were, and they were very tight at that particular time, and it seemed like they were going right down Cedar Avenue, and it seemed like they were reporting to the council, and there was an agreement or something that "here's where the traffic should go."
[3:17] Dave Winstead: And what I've noticed in the last, well, certainly recent months, but potentially recent years, is that the pattern seems to be spread all over the city. Now, it's self-serving, because I live right next to the high school and if you looked at where the runway runs, it would go right over our house, right? But I think there's a noise abatement agreement that these planes should fly down Cedar Avenue and take a slight left when they get to 35 to drop in. So I did make a formal complaint using the process. Again, I'm here to join the conversation. I wanted to understand, and I look back at some previous minutes—I didn't read all of them minutes going back, you know, years or whatever, but I did make an attempt to read some of the minutes to try to catch myself up on the topic. But my main question is, it sounds like John Bergman is on the MAC Council for the noise piece.
[4:19] Clint Hooppaw: John's the city's representative, and actually, John represents multiple of our suburban cities to the Noise Oversight Committee for MAC. John's under the weather this evening. I know he's watching and he's chomping at the bit right now.
[4:32] Dave Winstead: I wish I knew I should have come.
[4:34] Clint Hooppaw: I know. So timing might just be bad tonight.
[4:36] Dave Winstead: I'm sure you all have heard way more than me, I guess I'm just, again, I want to join the conversation, understand what's being discussed. Can I be a participant in any of that, and offer any kind of other thoughts or alternatives? I guess I just want to know what are we doing about it? Because I'm assuming that everyone here is frustrated by it, too, maybe?
[5:02] Clint Hooppaw: We've had—and I don't know if you tuned in last council meeting—we talked at length about our last council meeting because of the construction. So last year we took a pretty big hit with some runway closures that took the entire summer starting in April. We have another round of runway closures that Tom—run us through—we have two rounds this year, April and later in the summer. Is that correct?
[5:27] Tom Lawell: Mr. Mayor, yes, the roadway construction that's underway this year—again, there are multiple runways at the airport. Two parallel runways handle most of the volume of the traffic. One of those parallel runways is being under construction here for this summer. So what you'll notice here lately is that we have had increased air noise over Apple Valley because of this construction. The construction actually began Monday, April 14th, and it will go until May 23rd, and then there'll be a gap where they'll go back and use the two parallel runways, and then it will start up again, the second phase of the construction on August 18th, and that will run through September 26th. So it will not be as intense as it was last year, because it was all summer last year. There was no gap. This year, there's two phases to the project, and so you definitely will be seeing airplanes this summer in places where they typically have not been.
[6:12] Dave Winstead: Okay that's great.
[6:14] Clint Hooppaw: And I will—Council Bergman just sent me a text. And so I know we'll get you connected with John, too, because he's just got a lot of good information that if he was here, he'd be happy to share tonight. A few things going on at the airport: they are fanning more traffic in an attempt to avoid impacting one neighborhood over and over and over again. So maybe what was done in 2002 is not the same as here. And I joined the council in 2017. When I moved to Apple Valley in whatever year it was before that, I lived in Eagan, and I was on their Airport Relations Commission in Eagan before the new runway opened. So I know a fair amount of what the original plan was as well, and that certainly has deviated over time, both with complaints and feedback from the public, but also just in the way aircraft run and the more accuracy they can get and those kind of things. So there's not a quick, easy answer. But it is one we've all noticed the last two years here, sir, for sure.
[7:13] Dave Winstead: So the best thing to do is just check the minutes from the meetings, and maybe there's a special area I can go check that out.
[7:20] Clint Hooppaw: Yeah, we've got it on the city's website as well. I would pull up the video because then the minutes are going to reflect basic stuff, I think, and if you go pull the video, yes, you get to see the discussion, but then happy to get you into John and us kind of offline. We can talk a little more, but we all recognize it's there. In fact, I was sitting upstairs prior to the meeting getting ready, and you know, we're on about a three-minute path this evening as everything is coming in, so it's almost impossible to miss and that's flying—it's flying over us. It's also flying right over your house this evening as well.
[7:43] Dave Winstead: I'm just amazed at if they're trying to stay on a tight approach, it's sloppy. I mean, they're all over the place. But I appreciate you hearing me. And thanks for the...
[7:59] Ruth Grendahl: Oh, go ahead. So you all found the complaint with MAC. What was the response?
[8:06] Dave Winstead: Yeah. I did that just a couple days ago, so I haven't received a response.
[8:11] Ruth Grendahl: Thank you.
[8:12] Dave Winstead: No, thank you.
[8:14] Clint Hooppaw: Thank you. Anyone else like to speak to the audience participation portion this evening? All right, if you're not, we'll move on to the consent agenda. These are items that are considered routine and will be enacted with a single motion. Unless the councilmember or citizen requests to pull an item. Councilmembers, any items you'd like to pull from consent?
[8:30] Clint Hooppaw: Ruth, that you again? Okay, go ahead.
[8:33] Ruth Grendahl: My question is on 4G.
[8:36] Clint Hooppaw: 4G, do you want to pull it and discuss it separately, or do you just want to discuss it?
[8:44] Ruth Grendahl: I can ask my question.
[8:46] Clint Hooppaw: Okay.
[8:47] Ruth Grendahl: And then, I guess your call, you want me to ask a question if I...
[8:49] Clint Hooppaw: Well, let's do this. If you're concerned about it, let's just pull it and discuss it separately, and then we don't have to—make it a little cleaner, I think, that way. Any other items for council? All right. Any items from the public to pull and discuss separately? All right, seeing none, we will take a motion to approve the consent items with the exception of 4G. Do I have a motion?
[9:17] Ruth Grendahl: So moved.
[9:18] Lisa Hiebert: Second.
[9:20] Clint Hooppaw: Motion from Councilmember Grendahl, second from Councilmember Hiebert. All those in favor indicate by saying aye.
[9:27] Council Members: Aye.
[9:28] Clint Hooppaw: Opposed. That item carries. If it's okay with everyone, can we take item G after we get through our first two proclamations? I know we have the person here to receive item 5B also has another commitment just after this, so I want to make sure that we can help them get out of here on time if that works, okay?
[9:45] Ruth Grendahl: It's fine. We're all kind of stuck here anyway.
[9:47] Clint Hooppaw: So, all right. With that, does that work, Christina, if we sneak that in there?
[9:52] Christina Scipioni: Yes, Mayor, that works.
[9:54] Clint Hooppaw: All right, thank you. With that, we will move on to our regular agenda, and our first item is to proclaim April 20th to the 26th as Volunteer Recognition Week in Apple Valley. Christina.
[10:12] Christina Scipioni: Good evening, Mayor and City Council. This is always an exciting meeting of the year where we get to take an opportunity to thank our wonderful volunteers who help make Apple Valley a wonderful place to play, grow, and prosper. In 2024, we had 38 individuals who served on the city's seven advisory bodies, contributing their time, energy, and expertise to our community. We also had innumerable volunteers participate in a variety of activities throughout the city, everything from beautifying Lebanon Cemetery to scanning historical records at City Hall. Their contributions make a real difference in the city. For those watching who are interested in applying for an advisory committee or learning more about volunteer opportunities, I encourage them to check the city's website. In conjunction with National Volunteer Week, staff recommend the City Council proclaim April 20th through April 26, 2025, as Volunteer Recognition Week. Mr. Mayor, with your permission, I would be happy to read the proclamation.
[11:05] Clint Hooppaw: Yeah, please go ahead.
[11:06] Christina Scipioni: Whereas volunteers have enriched the life of our community through their concern, commitment, and generosity of spirit, and, whereas the hard work and commitment of volunteers have made our community a better place in which to live, and whereas volunteers are a vital resource and have contributed to the health, education, welfare, recreation, culture, and environment of the City of Apple Valley, and whereas the City of Apple Valley wishes to thank its volunteers for their dedicated service and generous spirit. Now, therefore, the City Council of the City of Apple Valley, Dakota County, Minnesota, in conjunction with National Volunteer Week, hereby proclaims the week of April 20th through April 26, 2025, to be Volunteer Recognition Week in Apple Valley, and urges all citizens to recognize volunteers who contribute their time, talent, and energy to our community. And I should note that we have some of our volunteers in the audience today, and I'd just like to give them a quick round of applause.
[12:12] Clint Hooppaw: Thank you. Thank you. Do we have a motion to approve that proclamation?
[12:17] Ruth Grendahl: So moved.
[12:18] Lisa Hiebert: Second.
[12:20] Clint Hooppaw: Motion from Councilmember Grendahl, second from Councilmember Hiebert. All those in favor indicate by saying aye.
[12:27] Council Members: Aye.
[12:28] Clint Hooppaw: And opposed, thank you. And to our volunteers and committee members, thank you. I mentioned it out in the hallway earlier, but truly it's the chance to give our citizens a chance to respond and have their voices heard that just might not be possible in a regular city council meeting, and it's a chance to increase that public engagement, but make sure we get all the topics fully out there before we move forward on items, and we just truly couldn't do it without you. Also recognizing that particularly for our Park and Rec Committee and our Planning Commission of late, that workload has been higher than you may have signed up for, and we do appreciate the extra time. It does ebb and flow, so thank you all. Our second item is 5B, which is to proclaim April 30th, 2025, as National Therapy Animal Day. Mary, you and Duke want to come forward?
[13:26] Clint Hooppaw: So Mary and Duke have been involved with—I'll read the proclamation in just a second—but Mary and Duke have been involved with the Therapy Dog program for how long, Mary? Have you been doing this now?
[13:38] Mary: A year.
[13:39] Clint Hooppaw: A year, right? So you had Duke out at the Home and Garden Show, so a very long day, a week or so ago, and maybe it was therapy for all of us who were also stuck there for the entire day to help. But so I'm happy to have this on the agenda and happy to talk about it. Our family, especially as we have had aging parents and those kind of things, have certainly benefited from having pets around and just a little bit of normalcy, right? Because life is a little unnormal. So thank you for what you do. You handed me this card earlier, so just a little about Duke, right? Rescue Mountain Cur breed mix, loves giving hugs, smiles, and is so affectionate. Duke's adventurous: boat rides, motorcycles, swimming, car rides, sitting on the patio with a bowl of ice cream and eating anything off the grill. So Mary, just like everybody else's normal dog.
[14:21] Clint Hooppaw: So I want to read this proclamation, and then we will move forward on it. "Whereas Pet Partners has designated April 30th as National Therapy Animal Day, and whereas scientific research shows that interacting with therapy animals can reduce stress, relieve depression, slow heart rate, lower blood pressure, and strengthen the immune system. And whereas therapy animal teams in the City of Apple Valley play an essential role in improving human health and well-being through the human-animal bond, and whereas therapy animal teams interact with a variety of people in our community, including veterans, seniors, patients, students, and those approaching end of life, and whereas these exceptional therapy animals who partner with their human companions bring comfort and healing to those in need, and whereas we encourage more pet owners to consider becoming Pet Partners volunteers to help our community by creating greater access to meaningful therapy animal visits. Now, therefore, the City Council of the City of Apple Valley, Dakota County, Minnesota, does hereby proclaim April 30, 2025, as National Therapy Animal Day. Further, the City Council encourages our citizens to celebrate our therapy animals and their human handlers. The City Council publicly salutes the service of therapy animal teams in our community and communities across the nation. Proclaimed this 24th day of April, 2025." Do I have a motion?
[15:46] Lisa Hiebert: So moved.
[15:47] Ruth Grendahl: Second.
[15:49] Clint Hooppaw: Motion from Councilmember Hiebert, a second from Councilmember Grendahl. All those in favor indicate by saying aye.
[15:55] Council Members: Aye.
[15:56] Clint Hooppaw: And opposed. That item carries. Mary, thank you for being here this evening and thanks for bringing Duke.
[15:59] Mary: Thank you.
[16:01] Clint Hooppaw: Did he want to say anything? It's a big audience, too, isn't it? So no nervousness at all. Thank you. Thank you. Thank you.
[16:15] Clint Hooppaw: All right, let's sneak item 4G back in. Tom and Ron, I don't know if you want to bring this one up. This is a budget amendment item. I'll turn it over to you, Ron. Ruth, if you want to ask questions?
[16:33] Ruth Grendahl: Yes, I didn't know if I wanted to say anything before he jumped in. I just need a little clearer understanding. I mean, we're talking about $436,000 here, and we're in the 2025 budget right now. So we're moving things around, and I just want to know how we prioritize. And then my question is, for the $14,100 for Valleywood, is that above $150,000 we already give to them out of our liquor fund, or where does this $14,100 come from? But I also want to look at the big picture: how we prioritize where we're moving things already?
[17:15] Ron Hedberg: The question about the Valleywood—there's three Valleywood items—is out of the Valleywood Operating Fund, the Special Revenue Fund. So it would be out of their operating revenues, and this basically moves some of their capital items to a different purpose, is what this one is doing. So not an increase in dollars, not a reallocation of where they thought they were going to spend, but moving the equipment.
[17:42] Ruth Grendahl: So then on the bigger picture for $436,000, I mean, there's a whole lot on the first line. How do we determine where we are?
[17:53] Ron Hedberg: There's two very large items. One is the Police Department body-worn cameras. We received the public safety aid back in 2023 and we recognized the revenue at that time. And this is providing for the appropriation and the expenditure. So we received it in '23, it went into fund balance, and this is using the fund balance part of the body-worn cameras.
[18:23] Ruth Grendahl: Okay.
[18:24] Ron Hedberg: And then the other large one is the IT Storage Area Network equipment. This was budgeted last year in 2024, and they did not get it completed, and it's an urgent item, so it is, again, sitting in General Fund fund balance at the end of 2024, and this would provide the appropriation for that.
[18:47] Ruth Grendahl: Okay, thank you.
[18:49] Clint Hooppaw: Would it be safe, Ron, on these to say these aren't increases in spending? I think the confusion as I read the memo, right, is it's a net increase in budget expenditures for the current year, but not in total because everything doesn't occur within a 12-month calendar year necessarily.
[19:07] Ron Hedberg: That's the case.
[19:08] Ruth Grendahl: That would be my question, so... I’ll move forward.
[19:15] Clint Hooppaw: Councilmember Grendahl, do we have a second?
[19:18] Lisa Hiebert: Second.
[19:19] Clint Hooppaw: Second from Councilmember Hiebert. All those in favor of item 4G, please indicate by saying aye.
[19:26] Council Members: Aye.
[19:27] Clint Hooppaw: Opposed. That item carries, and we will move on to 5C. I'm glad Sydney's grabbing a front row seat, because we've got a lot of items with you this evening, and this is a vacation of drainage and utility easements on Outlot A, Orchard Place 4th.
[19:40] Sydney Helgeson: Thank you, Mayor and Councilmembers. So tonight, I'll be presenting to you the request for a vacation at what is currently preliminary platted as McDonald's at Orchard Place. The existing site is located at the northwest corner of Pilot Knob and 155th Street West. The existing site is currently Outlot A Orchard Place 4th edition, but you recently approved the preliminary plat of McDonald's at Orchard Place. So for tonight, the request would be to hold a public hearing to vacate the easements highlighted in blue. These easements are located on the existing Outlot A and would be vacated. The final plat of McDonald's at Orchard Place would dedicate perimeter easements and other easements that are associated with the McDonald's at Orchard Place Development. So for tonight, we are asking for you to open the public hearing, receive comments, and then close the public hearing. No further action should be taken tonight until the final plat of McDonald's at Orchard Place is brought before you. That's all I have for tonight.
[20:41] Clint Hooppaw: Great, we'll go ahead and open the public hearing for this item. Anyone who would like to speak to the public hearing regarding the vacation of these easements? One more opportunity? One final opportunity to speak. All right, seeing none we'll close this public hearing and we will move on to 5D, which is Orchard Place 5th edition, Lots 1-2 and Outlot B, and then zoning.
[21:15] Sydney Helgeson: Thanks, Mayor again. So for this next item, the next series of items will all be regarding Orchard Place Fifth edition. For this specific item, it is the rezoning of two lots and one outlot in regards to Orchard Place Fifth edition. So again, for the specific request, it would be two actions related to the rezoning of Lot 1 and Lot 2, and Outlot B from Retail Business to Planned Development, and additionally, the adoption of a Planned Development Ordinance related to that rezoning.
[21:44] Sydney Helgeson: So for tonight, there will be a series of five requests all related to Orchard Place Fifth edition. Right now, we're going through the rezoning and the Planned Development Ordinance. And then the following actions would be the subdivision of the preliminary plat of Orchard Place Fifth edition, as well as two subsequent site plan and building permit authorizations—one related to an indoor commercial recreation facility with an associated outdoor commercial recreation facility, and then, lastly, the 135-unit multifamily residential apartment. I do just want to note that for tonight, the rezoning and planned development ordinance would need to be approved in order for the subsequent actions to be made tonight as well.
[22:33] Sydney Helgeson: The site of Outlot D Orchard Place Second edition is located at the northwest corner of English Avenue and 157th Street West. The existing outlot is currently guided Commercial on the northern 10 acres and High Density Residential on the southern 5 to 6 acres. The plan amendment to re-guide the southern portion of the outlot to High Density was recently adopted in late 2024. The entire outlot is zoned Retail Business. This proposed request to rezone portions of the outlot aligns with the proposed plat of Orchard Place Fifth edition. The northern seven acres and southern six acres would be rezoned to Planned Development if approved. The reason for the requested rezoning is to allow for more flexibility than what is currently allowed under the existing Retail Business zoning. Additionally, with any proposed development on the southern end of the outlot, rezoning would be necessary in order to comply with the guiding of High Density Residential.
[23:41] Sydney Helgeson: The proposed Planned Development would create two subzones: Subzone 1 to the north would encompass the northern seven acres, which includes the proposed use of Skyline Social, and Zone 2 would encompass the southern six acres of the proposed multifamily development and trail feature. Outlot A would remain as RB. The developer has indicated that there is no intended user for Outlot A at this time and therefore has no need to rezone the property. As stated, Zone 1 would include Skyline. Each subzone for the proposed planned development has an underlying designation that corresponds with our standard zoning districts. The underlying district for Zone 1 is Retail Business. The intended user of the site will require slight deviations that are currently not allowed under standard zoning requirements. The primary deviation for Zone 1 would be the allowance of the outdoor recreation facility portion of the site. Currently, only indoor is allowed in the Retail Business zone.
[24:54] Sydney Helgeson: I just want to give a little rendering of Planned Development Zone 1 to give you an idea, but a formal action or approval of this site plan would be reviewed later tonight. I would like to quickly go over the performance standards related specifically to the outdoor recreation facility. Specifically, this highlighted number three: this was thoroughly discussed at the Planning Commission meeting on April 2nd. The applicant had asked the Planning Commission to consider striking the original hours of operation standard that was presented. The commissioners suggested to change the language as shown on the slide today. The applicant for Skyline has indicated that they are comfortable with how the language has been modified from the original draft. So the original draft had a couple more standards related to not allowing patrons in the outdoor recreation facility past the hours of operation, and then additionally capping it at 10 p.m. rather than 8 a.m. This was discussed by the Planning Commission, and the applicants were also aware of the suggestion.
[25:59] Sydney Helgeson: Moving on to Zone 2, again, this would be the site of the 135-unit multifamily development and the outlot for a trail. The underlying zoning for this zone would be the M7 and M8 zoning districts. The planned development would provide flexibility from parking, setbacks, and landscaping and trail improvements that are deviations from our standard zoning. Here's an elevation of the proposed multifamily development, which will be reviewed later tonight. Other standards that would apply to both subzones that offer flexibility from standard zoning requirements include building materials, landscaping requirements, and parking minimums. The Planning Commission had no suggestions or changes related to these deviations from standard zoning.
[26:47] Sydney Helgeson: A major benefit of this specific planned development would be the trails and sidewalks that are included in the site plans. I think most people are aware that Orchard Place—the overall development—is lacking some pedestrian amenities. So the benefit of these subzones and site plans would provide not only sidewalk, which is generally provided in most development, but also internal public trails to further connect the North Creek Greenway and the larger Orchard Place development area. The Planning Commission reviewed this item on the April 2nd Planning Commission meeting. There was no public comments, but the Planning Commission again did have discussion related to the performance standards. With that, they recommended approval of the rezoning request and the adoption of the Planned Development ordinance by a five-to-one vote for both motions. And then for tonight, we would recommend to pass the ordinance approving the rezoning from Retail Business to Planned Development, as well as the Planned Development Ordinance with a recommendation to waive a second reading.
[27:53] Clint Hooppaw: Thank you. Councilmembers, any questions or comments for Sydney?
[27:57] Lisa Hiebert: Yeah. I'm not sure if this is the right place. I'm just kind of wondering, again, you've got these two great new additions, and you have Outlot A in between, and you talk about the trails and the connectivity. What is connecting through Outlot A? I mean, so people can walk and get to Skyline and things like that, is there any walkability through Outlot A?
[28:22] Sydney Helgeson: Mayor, Councilmember Hiebert, I will say that's probably a little bit more applicable to the plat, but just to show you: in Outlot A, there is a proposed trail easement that would go through Skyline, through Outlot A, and connect back into the existing trailhead feature for the North Creek Greenway.
[28:43] Lisa Hiebert: Okay. Thank you.
[28:46] Clint Hooppaw: Okay. You know, we've always have applicants here. We don't need to hear from you, but I want to make sure there's anything else in here that we have a chance to do that before we get to these items, since we have a couple of them, and we'll certainly give everyone a chance at the end to talk about their new businesses too. We don't want to miss that part this evening. So if there aren't any, we will jump to a motion to pass an ordinance approving the rezoning of Lot 1 and Lot 2, Block 1, and Outlot B, Orchard Place Fifth edition, according to the preliminary plat, from RB to PD.
[29:25] Ruth Grendahl: So moved.
[29:27] Lisa Hiebert: Second.
[29:29] Clint Hooppaw: Motion from Councilmember Grendahl. Second from Councilmember Hiebert.
[29:33] Christina Scipioni: You need to take a vote on the first one, please.
[29:35] Clint Hooppaw: Thank you, Christina. We have a motion and a second. All those in favor indicate by saying aye.
[29:40] Council Members: Aye.
[29:41] Clint Hooppaw: And opposed. That item carries. Now let's go on to number two, which is to pass a Planned Development Ordinance applicable to Lot 1 and Lot 2, Block 1, Outlot B, Orchard Place Fifth edition, and that would also recommend waiving of the second reading.
[30:04] Ruth Grendahl: So moved.
[30:05] Lisa Hiebert: Second.
[30:07] Clint Hooppaw: Motion from Councilmember Grendahl, second from Councilmember Hiebert. All those in favor indicate by saying aye.
[30:15] Council Members: Aye.
[30:16] Clint Hooppaw: Opposed. That item carries. Thank you, and thank you, Christina. We'll move on to 5E, which is more Orchard Place Fifth edition.
[30:25] Sydney Helgeson: Thank you, Mayor again. So for the next item, this would be the preliminary plat of Orchard Place Fifth edition. Specifically, it would be the subdivision of the existing Outlot D of Orchard Place Second edition by preliminary plat into two lots and two outlots. So tonight, with the passing of the rezoning and the Planned Development ordinance, that would set you up for action on the following request. Again, this site is located at the northwest corner of English Avenue and 157th Street West. Zoning was RB, now with the approved Planned Development zoning. The existing outlot would be subdivided into two lots and two outlots, as shown. Each lot and outlot would include standard perimeter easements, as well as a 30-foot wide easement running along the east side of the plat. This is the west half of English Avenue. A six-foot sidewalk would run along with English Avenue as well for the entire development area.
[31:32] Sydney Helgeson: For Lot 1, this would also include a 104-foot wide existing pipeline easement, so that would remain in place. It would include a 20-foot wide easement for storm utilities, and then additionally, as described in the rezoning, internal public trails would be provided throughout the development. For Lot 1, a 17-foot wide trail easement is shown along the west side of the property. For Outlot A, the trail from Lot 1 would run from Skyline into Outlot A. The trail would then connect to the existing trailhead feature on the North Creek Greenway. Any future development of Outlot A would require re-plating. Lot 2 and Outlot B would be developed by Trident, the multifamily developer. Trident has proposed to install the trail and landscaping features, and then has proposed to dedicate the land of the outlot to the city. The trail would provide an east-west connection from the North Creek Greenway to the overall Orchard Place development.
[32:38] Sydney Helgeson: And the Planning Commission held a public hearing at the April 2nd meeting. There were no outstanding public comments or questions from the Planning Commission, and they voted to recommend approval by a six-to-one vote of the subdivision. So with that, staff recommends adopting the resolution to approve the subdivision, and I can stand for any questions.
[32:50] Clint Hooppaw: Councilmembers, any questions? If not, we have a motion for the resolution approving a subdivision by preliminary plat of Outlot D, Orchard Place Second into two lots and two outlots, by Orchard Place Fifth edition.
[33:04] Ruth Grendahl: So moved.
[33:05] Lisa Hiebert: Second.
[33:07] Clint Hooppaw: Second, Councilmember Hiebert. All those in favor indicate by saying aye.
[33:12] Council Members: Aye.
[33:13] Clint Hooppaw: Opposed. That item carries, and let's move on to 5F, which is Skyline Social and Games.
[33:22] Sydney Helgeson: Thanks again, Mayor. So for my final item tonight, I will be presenting the site plan and building permit authorization request for Skyline Social and Games. Specifically, the request is for the site plan and building permit authorization of an indoor commercial recreation facility and Class One restaurant with an associated outdoor recreation facility and patio. Again, in the timeline of events tonight, the first three were approved, so the next two can be approved if chosen by the council. The site of the Skyline Social is located near the southwest corner of 155th Street West and English Avenue. Again, the zoning was RB, now with the recent adoption of the Planned Development rezoning. So the Planned Development did set out all the requirements and standards related to Skyline Social site plan.
[34:11] Sydney Helgeson: For the site plan, you can see the indoor recreation facility, the associated outdoor recreation facility, with a fence that would delineate the entire outdoor recreation portion, as well as the patio. There also is an internal little service area that would provide outdoor beverages and restrooms to patrons that are in the outdoor area. The site plan includes 309 parking stalls, as well as the sidewalk and the trail shown in the preliminary plat. And then also, I just wanted to note that any development of Outlot A would include a shared parking and shared access agreement with Skyline. Grading plan: the site is already pretty generally graded, and then with utilities, they would be connected from English Avenue, and it would be served by the regional storm water pond to the west of the site. The Engineering Department has reviewed both the grading and utility plans, and their comments are included in their memo attached to the staff report.
[35:14] Sydney Helgeson: For landscaping, with the approval of the PD ordinance, there were deviations from standard landscaping requirements. As you are aware, most recent developments have struggled with our landscaping requirements. The PD allows for flexibility to what is allowed to be counted towards landscaping cost. The proposed landscaping plan shows the addition of 73 trees and a variety of other plantings. The trees will be located to provide general screening to parking areas along English Avenue, as well as screening to the west side of the outdoor recreation facility. The rendering provided by the applicant shows the northeast side of the building. The building materials include brick veneer, corrugated metal panels, and architectural CMU. The exterior building would also include a black trim around the roof and the windows. So the brick and the stone are primarily heavily located on the entrances and then provide some vertical articulation around the building with the corrugated metal located in various spots. So the brick and the stone break up that corrugated metal.
[36:31] Sydney Helgeson: As noted in the staff report, corrugated metal is not a permitted material in standard zoning requirements; the PD ordinance allows for the City Council to approve materials and building exteriors that would be excluded from our standard zoning. The applicant has stated that the metal has a high-end matte black finish that is manufactured onto the panels, meaning that it is relatively maintenance-free. If the site plan is approved tonight, the council would be approving the building materials and elevation as shown on the current plans, unless otherwise specified in your motion. So the PD ordinance does give explicit approval from the City Council, so any approval would be given by you. This would be the north elevation of the outdoor recreation facility. It shows the fencing, as well as that accessory building that provides the restrooms and food and beverage service to outdoor patrons. This would be the west elevation of the building. And again, south elevation, you can see the brick materials, which breaks up the long massings of the corrugated metal. And then this would be the south elevation of the fenced area. I think this is the last elevation. We have the elevation of the trash enclosure and the elevation of that accessory building, which do match the materials of the primary building itself.
[37:59] Sydney Helgeson: For the interior, it's a little hard to see on this slide, but it has a variety of bowling lanes, duckpin lanes, axe throwing, restaurant bar, arcade, event spaces, and then additionally for the outdoor, you have the volleyball courts, outdoor patio, beanbag courts, and then bocce ball courts. The Planning Commission reviewed this item again on April 2nd and did provide a vote of approval by a six-to-zero vote. So with that, staff is recommending the adoption of the resolution approving the site plan and building permit authorization of the indoor/outdoor commercial recreation facility.
[38:28] Clint Hooppaw: Thank you. Councilmembers, any questions on this one?
[38:35] Lisa Hiebert: I'll move it.
[38:36] Clint Hooppaw: Motion from Councilmember Grendahl—excuse me, Councilmember Hiebert—to adopt a resolution approving the site plan and building permit authorization to allow for the construction of a 46,550-square-foot indoor commercial recreation facility and Class One restaurant, with an associated 51,150-square-foot outdoor recreation facility and patio on Lot 1, Block 1, Orchard Place 5th edition.
[39:00] Lisa Hiebert: Second.
[39:01] Clint Hooppaw: Second from Councilmember Hiebert. All those in favor indicate by saying aye.
[39:05] Council Members: Aye.
[39:06] Clint Hooppaw: Opposed. That item passes. We have the applicant here this evening. I don't know if there are any comments you'd like to make or introduce yourself or your project at all? Come on front, so those who are not in the room can pick up on the microphone.
[39:19] Whitney Kwist: I certainly don't want to make this meeting any longer for you guys than it needs to be. My name is Whitney Kwist, my husband Corey and I are the owners of Skyline. We have our one location up in Hermantown. It's a third-generation family business on my husband's side. He's on his way; he was at a meeting up in Hermantown. So we are very, very excited to join the Apple Valley community. The staff here has been wonderful to work with. And so one step at a time and just appreciate your support on this project.
[39:50] Clint Hooppaw: Oh, thank you. Any questions for her?
[39:55] Lisa Hiebert: Is there going to be bike racks?
[39:57] Whitney Kwist: Very good question. There is a bike rack on the northwest corner, and it's actually tied in with the sidewalk and the pedestrian trail, so it's very accessible from the pedestrian trail.
[40:07] Lisa Hiebert: Yep.
[40:08] Clint Hooppaw: I just want to say this is not a small investment that you're making to pull this off, and we recognize that every meeting that you have to attend, every minute counts, every delay counts, every bit of building material counts. And so thank you for making the investment. This is 100,000 square feet of recreational space. You know, a 100,000-square-foot restaurant alone is hard to run and operate profitably, so commend you for making the investment, look forward to you being successful, and thank you for the vote of confidence in Apple Valley.
[40:39] Whitney Kwist: Thank you very much.
[40:40] Clint Hooppaw: Thank you.
[40:41] Whitney Kwist: We're very excited.
[40:42] Clint Hooppaw: All right, so we will move on. Our next item is 5G, which is Orchard Path Apartment Development site plan and building permit. Jennifer has this one.
[40:56] Jennifer: Good evening, Mr. Mayor, members of the council. First of all, it's very nice to meet you all. This is, I think, the first time I am in front of you. So the request this evening is for the construction of a new apartment. By way of background, Trident Development is the applicant—Roger Fink is with us this evening if you should have any questions. They are also requesting site plan and building permit authorization to construct their project, which is a 135-unit multifamily residential apartment. This is located on the south end of the project that Sydney just walked through. As she indicated, this site did actually receive a comprehensive plan amendment in late December of last year, which sets it up for the apartment use or the multifamily use. As you know this evening, because you have chugged your way through it, they needed the preliminary plat and the rezoning in order for this project to occur. And the Planning Commission on this one also recommended approval of the site plan and the building permit authorization.
[42:09] Jennifer: As has been shown prior, this site is actually on the far south end of the PD area. This is the apartment location that is about six acres, but then you also see that adjacent to it is Outlot B. That is where the trail will connect through, that will be developed as part of this project and then dedicated back to the city. The zoning you already took care of this evening, so it's actually a PD at this point, and this subzone does allow for the multifamily use. When we compare those standards, obviously we did look for minor deviations from what would be a close-based zoning—in this case, it was the M8 district standards—minor deviations from that, as you can see from the proposed project. But generally speaking, this project was actually fairly consistent with that base zoning district.
[43:06] Jennifer: In terms of the site plan, you'll see that the building footprint is about 40,500 square feet. The building is a four-story building. There are 135 units that are proposed. It's a mix of studio to three-bedroom units. There will be indoor and outdoor amenities. As has been indicated, there are trail connections that go through this area, and I would venture a guess that several of these residents will probably head up to Skyline on a Friday night. So those connections have been provided. The City Engineer has actually recommended that the number of access points into the proposed parking lot be reduced, so this will need to be updated as part of that final plan set preparation process in the building permit process. There are approximately 340 parking spaces, that comes to about 2.52 stalls per unit. Again, there are those interior walking and biking trails that will connect within the site, also connect to your regional trail system, and then up to the north through the Planned Development.
[44:17] Jennifer: The grading and the utility plans have both been reviewed by your city engineering staff. There is a memo that is provided in your packets this evening; I believe that has their recommendations and their review. Some elevations that were provided by the applicant: you can see here, there's a mix of materials and product types. We've got stone, some siding. There are some balconies that are provided as well. In this case, we are not deviating much from your material standards, so once again, this project is actually quite consistent with what your standards of your base zoning district called for.
[45:00] Jennifer: With respect to landscaping and park dedication: with the new planned development ordinance going into place, that allows for a reduction of approximately 1% if upgraded materials are provided within the landscaping plan. The applicant has provided a detailed cost and budget of what is proposed on their plan, and they have also demonstrated through their construction means—at least based on what their current bid is—essentially that they're meeting that reduced 1.5% of the construction cost. Staff will continue to work with them on that to ensure that they comply with that standard. Also, with respect to park dedication, that will be determined once we are working through the development agreement portion of the permit process.
[45:49] Jennifer: So this evening, staff is recommending the following action, which is consistent with the Planning Commission: to adopt the resolution to approve the site plan and building permit authorization to construct 135-unit multifamily residential apartment building, located on Lot 2, Block 1, Orchard Place 5th edition, and the resolution is provided in your packets. Thank you.
[46:11] Clint Hooppaw: Councilmembers, any questions on this one?
[46:13] Lisa Hiebert: Not many questions, I'd just like to thank our Planning Commission and staff. I mean, it makes it easier up here for us with all the work that they do, so thank you there, volunteers tonight, all of you, but Planning Commission. And the unique thing on this is we got to see a really good glimpse of how the whole thing's coming together at once instead of piecemeal, which I think helps understand the vision quite a bit as well. Thank you.
[46:33] Clint Hooppaw: Do we have a motion for the resolution?
[46:37] Lisa Hiebert: Do you want me to read it like you did the last time?
[46:40] Clint Hooppaw: Go ahead. That's fine.
[46:42] Lisa Hiebert: Sure. I didn't know you wanted me to read it.
[46:45] Clint Hooppaw: So do we have a motion to adopt the resolution to approve the site plan and building permit authorization?
[46:50] Ruth Grendahl: So moved.
[46:51] Lisa Hiebert: Second.
[46:53] Clint Hooppaw: Motion from Councilor Grendahl, second from Councilmember Hiebert. All those favor indicate by saying aye.
[46:58] Council Members: Aye.
[46:59] Clint Hooppaw: Opposed. That item carries. Thank you, Trident for this project as well. This will be a nice addition to the area. The businesses down there need rooftops nearby to also be successful, and this should help all of that area kind of come up together. It's looking great down there. Thank you for the work.
[47:16] Clint Hooppaw: That brings us to staff and council communications. I just want to recognize before we jump into there—I don't know, fully two-thirds of our meeting was Sydney up here working through an awful lot of work. We know it was similar with retirements and staff turnover; it's been a little short-staffed in the Planning Department, and I appreciate the work. Not often do I see when somebody gets a lot of extra things piled on them do we also get really good quality work, clear memos, and easy to understand. And so thank you for taking the time to do that, making it easy for us, and we know it's been a lot of work, we just appreciate your extra effort in bringing all this forward as quickly as you possibly could. So thank you, Sydney.
[47:54] Clint Hooppaw: With that, council any other items this evening? I just want to mention, on the consent agenda—it does not require extra discussion, but I want to mention 4K. For many years, we've been on a mission to get overhead power lines buried in Apple Valley, right? It adds to resilience. It adds to aesthetics. When we have storms come through, we don't lose power. 4K is a use of our city franchise fee to get a good chunk of additional power lines buried with the part of another road construction project. And so it's not worth a great big separate discussion, but worthwhile to understand where people pay those franchise fees on utility bills, where those end up. And in this case, directly benefiting the community, but those neighborhoods and reliability of power. So thank you guys for working through that and getting us through kind of one chunk in one section at a time, but it certainly does make quite a difference, especially as we get more frequent storms and the like, to know that we have reliability of power and just the aesthetic of that. So thanks for bringing those through.
[48:58] Clint Hooppaw: With that staff, any items?
[49:01] Tom Lawell: Yes, Mr. Mayor, we have two tonight. I'll do the first one, and we'll call on Community Development Director Tim Benetti on the second. The first one was just to acknowledge that the city is a member of an organization called Metro Cities. It's an organization that advances the shared interests of all metro cities, which is about 90 members to that organization. We have been a member—the City of Apple Valley—for decades at this point. And our mayor has been serving as a member of the Board of Directors for Metro Cities here for the last three years. Metro Cities had their annual meeting last night, and the Mayor will be coming off of that board, and he was recognized for his service to the organization, and to the work that they do in advancing the interests of cities, particularly at the Legislature and before the Metropolitan Council. So just wanted to comment and thank our mayor for the work that he's done as a member of the Metro Cities Board.
[49:49] Clint Hooppaw: Thank you.
[49:50] Tom Lawell: And the second one will come from Tim Benetti.
[49:53] Tim Benetti: Mr. Mayor, members of the Council, I'm pleased to announce, as you eloquently stated, we've been short-staffed for a bit, but thankfully we've got one more planner coming in or now hired. This is Carter Hayes. He comes from Prescott, Wisconsin. He worked for three years at City of Prescott as their one planner. He's a recent graduate at Minnesota State—Go Mavs—in geography with an emphasis on GIS. We’ve got the entire Minnesota State Mankato crew in the Police Department now. He joined us on April 14th. He would have been here sooner, but he had to get married on April 4th. So he's newly married, three weeks. We're wishing the best for him. Taylor is his wife. And as part of your introduction to the city, we always have the newbies sing their alma mater, so take it away.
[50:49] Carter Hayes: Well, I wish I knew it, but I don’t!
[50:52] Tim Benetti: So, no, we're very happy to have him, and our new City Planner, she starts on the 29th of next week. So we will be full staff, but just want to introduce our new planner, Carter, and feel free to stop in and say hi to him. He works for food, too.
[51:10] Clint Hooppaw: Welcome, Carter. Thanks guys. All right, I think that takes care of our staff updates this evening. Next item is to approve our calendar of upcoming events. Our next city, excuse me, our next City Council informal meeting: Thursday, May 8th at 5:30, and our next regular meeting: Thursday, May 8th at 7 p.m. Do I have a motion to approve the calendar?
[51:38] Ruth Grendahl: So moved.
[51:39] Lisa Hiebert: Second.
[51:41] Clint Hooppaw: Motion from Councilmember Grendahl, a second from Councilmember Hiebert. All those in favor indicate by saying aye.
[51:46] Council Members: Aye.
[51:47] Clint Hooppaw: Opposed. And our final item is to take a motion to adjourn.
[51:51] Lisa Hiebert: Second.
[51:52] Clint Hooppaw: Motion from Councilmember Grendahl, second from Councilmember Hiebert. All those in favor?
[51:57] Council Members: Aye.
[51:58] Clint Hooppaw: All right. We're adjourned. Thank you, everyone.