Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 13th, 2003, at 8:00 o'clock p.m., at Apple Valley Municipal Center.

PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl.

ABSENT: None.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant Planner Dykes, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, Human Resources Manager Strauss, and Fire Chief Wassmund.

Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag.

APPROVAL OF AGENDA

MOTION: of Erickson, seconded by Bergman, approving the agenda for tonight's meeting as presented. 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 was present to speak.

CONSENT AGENDA

MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions; noting Councilmember Grendahl was abstaining on approval of the Electrical Services agreement. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of February 27th, 2003, as written. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-47 accepting, with thanks, the donation of $2,700.00 from Apple Valley American Legion Post 1776 toward sponsoring the Senior Citizens' holiday party. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-48 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the Southview Parent Teacher Organization, for a raffle on May 16, 2003, at Southview Elementary School, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-49 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the St. Hubert Catholic Community, for a raffle on June 1, 2003, at Apple Valley Ford, 7200 West 150th Street, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving issuance of a 2003 Commercial Extraction Permit for Fischer Sand & Aggregate in the central mining area, subject to no operations on the former McNamara property until a conditional use permit is issued, as described in the Community Development Director's memo dated March 7, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving issuance of a 2003 Commercial Extraction Permit for Fischer Sand & Aggregate on the Seed/Barton mining area, as described in the Community Development Director's memo dated March 7, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving issuance of a 2003 Commercial Extraction Permit for Aggregate Industries - North Central Region, Inc., as described in the Community Development Director's memo dated March 7, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-50 approving the final plats and First Amendment to the Development Agreement for Hawthorne 2nd and 3rd Additions and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-51 receiving the preliminary engineering feasibility report for Project 03-215, Knob Ridge Business Park Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on April 10, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-52 directing the City Engineer to prepare plans and specifications for Project 03-215, Knob Ridge Business Park Utility Improvements. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-53 approving plans and specifications for Project 02-209, 2003 Street Maintenance Program, and authorizing advertising for receipt of bids, at 2:00 p.m., on April 17, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Keys Well Drilling, Inc., for Project 02-200, Sealing Oil Exploration Deep Well, in the amount of an additional $8,500.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving an Agreement with Burnsville Electric, Inc., for Electrical Maintenance Services, as attached to the Public Works Director's memo dated March 13, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0 (Grendahl Abstained).

MOTION: of Bergman, seconded by Goodwin, approving an Advertising Agreement with TFG Properties, LLC, to manage advertising rights and sponsorship areas at Hayes Park Arena, through December 31, 2007, as attached to the Parks and Recreation Director's memo dated March 10, 2003; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated March 13, 2003. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

CELEBRATION OF SPRING

Sandy Gaskill and Mary Margaret Sherman, of the Apple Valley Foundation, were present and described activities and entertainment planned for the "Celebration of Spring" at the Minnesota Zoo. They invited everyone to attend the free event on Saturday, March 29, 2003, from 6:00 to 11:00 p.m. It includes music and dance performances and a silent auction with all funds raised used to benefit local school arts programs.

LEGACY OF APPLE VALLEY TUSCANY APARTMENTS

Ms. Dykes reviewed the Planning Commission recommendation on a revised site plan for the Tuscany Apartment building proposed for the Legacy of Apple Valley located south of Founders Lane and east of Galaxie Avenue. On June 27, 2002, a building permit was authorized for a 312-unit, four-story, market-rate apartment building. The plan has been revised for a 244-unit building and the lot reduced to allow two future lots on the east side. One lot is proposed for a supportive housing project by Dakota County Community Services and the other lot is a potential office building.

The building will have one level of 284 underground parking spaces with 205 surface parking spaces. It is projected that the apartment building will require 439 spaces which should allow some parking for the two future lots. The south private drive access to Galaxie Avenue has also been redesigned and separated from the existing driveway access to the Kingston Green Apartments to the south.

MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2003-54 approving the revised March 5, 2003, site plan and authorizing issuance of a building permit for construction of Tuscany Apartments on Lot 1, Block 1, The Legacy of Apple Valley, with conditions as recommended by the Planning Commission, Minnesota. Ayes - 5 - Nays - 0.

ACCESSORY UNIT DWELLING ORDINANCE

Ms. Bodmer gave the first reading of a proposed ordinance, amending Chapter 155 of the City Code, to allow an Accessory Unit Dwelling (AUD) in a single family home as attached to her memo dated March 10, 2003. The owner would have to reside in one unit and would have to obtain a conditional use permit in order to construct an AUD. It could not be located in a detached building and would be limited to two bedrooms, occupied by three persons. The ordinance describes size limits and compatibility with the surrounding neighborhood. As drafted, the ordinance would not allow a separate garage for the AUD. The Planning Commission recommended approval of the ordinance with performance standards.

The Council received a letter from Fritz and Pat Dolejs, 12756 Denmark Avenue, who wish to construct an AUD, but have prepared a house plan with a separate garage. The letter described their proposal and asked for consideration of allowing a second garage noting there would still only be one driveway access to the house. Ms. Bodmer showed a copy of their plans indicating the location of the existing garage as a tuck-under that does not allow expansion.

The Council discussed the proposed ordinance and Councilmember Bergman expressed concern about enforcement issues with a specified number of people allowed to live in an AUD. Councilmember Goodwin questioned the impact of such an addition in residential areas with smaller lots and changing the character of the neighborhood. Ms. Bodmer suggested the Council could limit AUDs to R-1 zones only that have larger size lots. She offered to survey other cities that allow AUDs to find out how many have actually been constructed.

Councilmember Erickson said he did not have a problem with the three-person limit or allowing larger building sizes where the lot could accommodate it. He suggested the ordinance might be worded to allow an AUD up to 40 percent of the primary residence's footprint rather than floor area to clarify the intent. He expressed support for providing for this use in some form to allow older residents to remain in their homes.

Ms. Bodmer said some cities have added spacing requirements for this type of use and she could investigate the legalities of that. The Council accepted the first reading, but asked for additional information from Minnetonka, Plymouth, and Cottage Grove on the number and size of units that have been constructed in those cities. The ordinance will be brought back for a second reading when that information has been obtained.

COMMUNICATIONS & CALENDAR

The Council received a memo dated March 10, 2003, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated March 6, 2003, in the amount of $11,715,406.44; and March 13, 2003, in the amount of $537,949.24. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0.

The meeting was adjourned at 8:45 o'clock p.m.