Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 27th, 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, Police Captain Anglin, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, and Human Resources Manager Strauss.

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 Grendahl, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0.

AUDIENCE - MAJESTIC RIDGE BUILDING REQUIREMENTS

Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. Paul and JoAnn Kinney, 13845 Glazier Court, asked whether approval of the Majestic Ridge plat specified the type of home that could be constructed on Lot 5 directly behind their home. They believed the developer was required to construct a rambler or split entry and a two-story home is now being constructed.

Ms. Bodmer distributed a memo dated March 27, 2003, describing conditions placed on Majestic Ridge development. Lot 5 was looked at with respect to the style of basement that could be excavated and the tree preservation requirements were instituted. At that time, Mr. Diedrich presented plans showing a rambler or split entry home on the lot, but a specific house style was not a requirement.

Mr. Diedrich was present and said the trees required to be preserved on Lot 5 have been saved. The house being constructed is a custom home and does not exceed the height requirements of the zoning ordinance.

The Council noted it is unfortunate that something that was implied was not followed through with. However, it is not unusual to have houses backing up to each other at different elevations throughout the City due to topography.

CONSENT AGENDA

MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions; noting Mayor Hamann-Roland was abstaining on acceptance of the vehicle donation to the Fire Department. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of March 13th, 2003, as written. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, proclaiming May 1, 2003, as "Space Day" recognizing the educational initiative to inspire the study of math, science, and technology. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-55 accepting, with thanks, the donation of $50.00 from Dakota Electric Association for use toward the purchase of landscaping and plant materials. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-56 accepting, with thanks, the donation of a 1990 Ford Taurus station wagon, valued at $1,000.00, from Mary Hamann-Roland for use by the Fire Department for training purposes. Ayes - 4 - Nays - 0 (Hamann-Roland Abstained).

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-57 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the Apple Valley Chamber of Commerce, for a raffle on May 30, 2003, at Dakota County Western Service Center, 14955 Galaxie Avenue, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving issuance of a Tobacco Sales License, expiring December 31, 2003, to Pickled Parrot II Apple Valley LLC, d/b/a Pickled Parrot, at 14889 Florence Trail. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving an Amended Mutual Police Assistance Agreement with Dakota County, surrounding cities, Metropolitan Airport Commission and Metropolitan Council, as attached to the Police Chief's memo dated March 20, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, receiving the 2002 Annual Report of the Telecommunications Advisory Committee as attached to the Assistant to the City Administrator's memo dated March 27, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, receiving the 2002 Annual Report of the Traffic Safety Advisory Committee as attached to the Assistant to the City Administrator's memo dated March 27, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing the expenditure of $3,000.00, from the City's Lodging Tax Fund, for the Apple Valley Convention and Visitors Bureau web site redesign project as requested in the Assistant to the City Administrator's memo dated March 27, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-58 approving a waiver of platting to allow transfer of title, on a metes and bounds description basis, for property being transferred from D. W. Investment in Section 34 that will be included in The Legacy of Apple Valley plat. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving issuance of a model home permit to allow construction of one seven-unit townhouse building on property being platted as Lot 4, Block 1, Legacy Square, with conditions as recommended by the Planning Commission and detailed in the Assistant Planner's memo dated March 21, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving reduction of the subdivision financial guarantee for Summerhill of Apple Valley from $29,512.50 to $11,262.50. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-59 providing for the issuance and sale of the City's $440,000 General Obligation Equipment Certificates of 2003 to Northland Securities, Inc., at a net effective interest rate of 2.4632 percent, and authorizing execution of the necessary documents to complete the sale. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-60 approving specifications for a "Used Telescoping Aerial Lift Truck with Utility Body" and authorizing advertising for receipt of bids, at 2:00 p.m., on April 16, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 9 to the contract with Arkay Construction, Inc., for Fire Stations No. 2 and No. 3 Additions and Remodeling Project, in the amount of an additional $10,196.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting the Apple Valley Municipal Center Project as final and authorizing final payment on the contract with Shaw-Lundquist Associates, Inc., in the amount of $40,000.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-61 revoking Municipal State Aid Street Status on parts of 155th Street, from Galaxie Avenue to Dodd Boulevard (186-107), and on Dodd Boulevard, from MSA Street 107 to Pilot Knob Road (186-117); subject to approval of the Minnesota Commissioner of Transportation. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-62 designating 153rd Street, from Galaxie Avenue to Dodd Boulevard (186-109) and Foliage Avenue, from 147th Street to County Road 46; as Municipal State Aid Streets, subject to approval of the Minnesota Commissioner of Transportation. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-63 declaring a used Fire Department Hurst Tool and Accessory Equipment as surplus property of the City and authorizing disposing of it by advertising it for sale by sealed bids, at 2:00 p.m., on April 16, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing the distribution of various promotional materials for use at the high schools' senior class parties as described in the Parks and Recreation Director's memo dated March 21, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Parade Rules for the Apple Valley Freedom Days Celebration as listed on the revised draft dated March 27, 2003, and described in the Parks and Recreation Director's memo dated March 21, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving continuation of the Commission/Committee Recognition Program, allowing each individual to receive up to $720.00 of park and recreation services, for 2003, as described in the Park and Recreation Director's memo dated March 21, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring Joel Horazuk for the position of Police Officer as listed in the Personnel Report dated March 27, 2003. 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 27, 2003. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

COBBLESTONE LANE EASEMENT VACATIONS

Mr. Lovelace reviewed his memo dated March 24, 2003; describing five proposed easement vacations in Cobblestone Lake and Cobblestone Lake 2nd Addition subdivisions. The first is easements on Lots 5, 6, and 7, Block 4, Cobblestone Lake 2nd Addition, that will be replatted into Lots 1-4, Block 8, of the 3rd Addition. Second is an easement on Outlot A, Cobblestone Lake, that will be part of Lots 44 and 45, Block 3, of the 3rd Addition. The third was part of Cobblestone Lake Parkway that has been modified and no vacation is needed. Fourth is an easement for a street on part of Outlot C, Cobblestone Lake that will be included in the 3rd Addition. Fifth is part of Outlot D, Cobblestone Lake, that is parkland and will become right-of-way for Cobblestone Lake Parkway. No easements exist on Outlot D and this vacation is not necessary.

Mayor Hamann-Roland called the public hearing to order, at 8:27 p.m., to consider the easement vacations in Cobblestone Lake and Cobblestone Lake 2nd Addition and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace said a letter dated March 12, 2003, was received from Centerpoint Energy Minnegasco stating it has gas mains in easements adjacent to Cobblestone Lake Parkway and asking that the City ensure that those easements be replaced. No action is requested at this time. Completion of vacations will be requested when the new final plat, with replacement easements, is submitted. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:28 p.m.

HILLCREST ACRES EASEMENT VACATIONS

Mr. Lovelace reviewed his memo dated March 21, 2003, describing proposed easement vacations on Lots 1 and 2, Block 1, Hillcrest Acres. A building is proposed to be constructed over both lots. The two lots will be replatted into one lot and replacement easements established.

Mayor Hamann-Roland called the public hearing to order, at 8:30 p.m., to consider vacating drainage and utility easements on Lots 1 and 2, Block 1, Hillcrest Acres, and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace said no written objections have been received. No action is requested at this time. Completion of the vacation will be requested when the new final plat, with replacement easements, is submitted. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:31 p.m.

HILLCREST ACRES RETAIL BUILDING

Mr. Lovelace reviewed the Planning Commission recommendation on a proposed 11,685 square-foot retail building in Hillcrest Acres located at the southeast corner of County Road 42 and Foliage Avenue. Modifications have been made to the building showing outdoor patio areas on both the east and west sides. There is a potential for two restaurants in the building and if they use the patios for outdoor seating, some type of fencing will need to be installed. A sidewalk from County Road 42 will be constructed along the east side of the lot necessitating relocation of some trees shown on the landscape plan.

Councilmember Bergman noted that parking on the site exceeds the minimum requirements by 45 spaces and asked why. Eric Pedersen, the developer, was present and said there are more parking spaces than needed for a retail use, but if two restaurants occupy the building, parking will only exceed the minimum by a few spaces.

Mr. Lovelace said this building exceeds requirements of the ordinance, but there have been comments about lack of parking for the restaurants in Fischer Market Place at the northeast corner of County Road 42 and Galaxie Avenue. The Planning Department has discussed having the Commission review restaurant parking requirements in the zoning ordinance. The Council concurred those provisions should be reviewed.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-64 approving the site plan and authorizing issuance of a building permit for construction of a 11,685 square-foot retail building on Lots 1 and 2, Block 1, Hillcrest Acres, subject to consolidation of the two lots, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

FISCHER SAND & AGGREGATE 2003 MATERIAL HAULING

John Ericson, of Fischer Sand and Aggregate, was present to inform the Council about potential material hauling contracts for the upcoming construction season. Among other projects, they will be supplying material for continued work on the airport expansion project. On March 28th, they will be bidding on a MnDOT contract for I-494 expansion from Bush Lake Road to France Avenue. They will also be supplying material for the I-494 expansion from Eden Prairie to Bush Lake Road. Work on the I-494 projects will most likely be done at night. He is not asking for extended operating hours at this time, but wanted the Council to be aware of the potential request. He noted there are other trucking companies that have contracts that will be supplied by Lakeville gravel pits and those trucks will also be moving through the City.

The Council thanked him for communicating with them and for his cooperation in managing operations. They noted that most citizens concerns relate to noise from trucks braking, some discourteous drivers, and material falling off trucks and dropping onto the roads. They also indicated that enforcement on these violations will continue.

PERMITS FOR EXEMPTION FROM ROAD RESTRICTIONS

Mr. Heuer reviewed his memo dated March 24, 2003, concerning seasonal road weight restrictions. MnDOT implemented restricts March 15, 2003, and they will continue for a minimum of four weeks to a maximum of eight weeks depending on weather conditions. Seven applications for exemptions have been submitted for the Palomino East Apartment project. Four of them are for overweight loads and three are for both oversize and overweight loads. Issuance of these permits is discretionary and the burden is on the applicant to establish good cause for making the request. A letter dated March 21, 2003, from Peter Coyle, representing the developer was included with the request. A report dated March 26, 2003, from Braun Intertec evaluating the load-carrying capacity of Palomino Drive and Pennock Avenue was also received.

Councilmember Grendahl said the Council has not approved any of these seasonal exemption permits in the past four years. An application from Lampert's for use of Galaxie Avenue was denied and that street is similar to Palomino Drive.

Councilmember Erickson asked whether the City Engineer had reviewed the Braun Intertec report? Mr. Gordon said the report is accurate as far as street design. The problem with heavy loads is the stress that decreases the life of a road. MnDOT has done studies showing spring trips have more effect on roads than at other times of the year.

Councilmember Goodwin noted that even if a bond is provided for repair, another problem would be caused by closing the road to make repairs.

Mr. Coyle was present and acknowledged the Council has discretion in approving these permits. He asked that, at a minimum, the two permits for oversized load to bring cranes to the site be approved.

Councilmember Bergman asked whether suppliers coming from other cities have already gotten permits from them? Mr. Heuer said if they are located on roads that are constructed such that they are exempt, no permits are needed. There are also some cities that do not enforce the restrictions.

MOTION: of Goodwin, seconded by Grendahl, denying applications for Special Permits for Exemption from Statutory Load Restrictions, on Palomino Drive and Pennock Avenue, from: Northwest Asphalt; Fabricated Wood Products (three applications); Budde Trucking, Inc.; Cheesebrough Trucking, Inc.; and Armstrong; as attached to the Public Works Director's memo dated March 24, 2003. Ayes - 5 - Nays - 0.

CONCEALED PISTOL LEGISLATION

Mr. Lawell reviewed his memo dated March 24, 2003, concerning proposed legislation dealing with issuance of permits to carry pistols in public. The memo included a resolution adopted by the City of Bloomington opposing the legislation and indicated the City of Edina has adopted a similar resolution. He noted the correct references are House File 261 and Senate File 222.

Police Chief Johnson described the process of police chiefs issuing pistol permits under current law. All three proposed bills remove the authority from the chief and assign it to the sheriff. Neither the Minnesota Sheriffs Association nor the Minnesota Chiefs of Police Association want police chiefs removed as issuing authorities. Two of the bills restrict the sheriffs' ability to deny permits to applicants regardless of their history of certain non-violent misdemeanors. He would not recommend supporting either House File 261 or Senate File 222. A third bill, Senate File 932, was recently introduced and has not been extensively reviewed.

Councilmember Goodwin said the issue came up because issuance of permits is not addressed uniformly statewide. This has been a very emotional issue and police and sheriffs departments have not been able to reach a compromise. His concern is that disqualifiers are so limited that sheriffs would be forced to issue permits to almost anyone. The proposed legislation would change the state law from one of the most restrictive in the Country to one of the most liberal and he would like to find some middle ground.

Councilmember Bergman said he does not believe this is the forum to deal with this type of issue and is opposed to the Council taking a position on it. He asked how many requests for permits Apple Valley receives. Chief Johnson said in 2002 there were 25 applications and 20 permits were granted. Of those, 14 were work-related permits and six were for personal safety.

Councilmember Grendahl said the issue seems to be lack of reasonable guidelines for issuing permits. She questioned what kind of compromises could be made. If legislators have decided they want an elected official, such as a sheriff, to issue the permits, there is probably no point in pursuing that aspect for compromise.

Mayor Hamann-Roland asked how many cities have a problem with permit issuance? Chief Johnson said they probably all do, by anyone who has been denied a permit. The Mayor also expressed concern about going from a restrictive system to a liberal system and questioned whether assigning this responsibility to sheriffs is an effective means of dealing with it.

Gary Shade, 15989 Garden View Drive, said he believes the City Council should not be considering this matter; it is a matter for the legislature. The resolution adopted by Bloomington, opposing the legislation, is inaccurate in many ways. He supports legislation that provides for citizens making their own decisions about choosing their method of personal protection.

Councilmember Goodwin said the Council is in charge of public safety for the City and has every right to discuss this legislation. The Police Chief has the responsibility for issuing pistol permits now and that makes it a City issue.

MOTION: of Grendahl, seconded by Erickson, tabling consideration of a resolution concerning legislation dealing with issuance of permits to carry concealed pistols in public. Ayes - 4 - Nays - 1 (Goodwin).

CANCEL INFORMAL MEETING

MOTION: of Bergman, seconded by Grendahl, canceling the 6:30 p.m. informal meeting of April 10, 2003; noting the regular meeting is still scheduled at 8:00 p.m. on that date. Ayes - 5 - Nays - 0.

OPERATION IRAQI FREEDOM

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-65 declaring support for the men and women in the armed forces, participating in Operation Iraqi Freedom, and demonstrating that support by flying American flags from the street light poles along the Ring Route through the 4th of July celebration. Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

Councilmember Bergman thanked City personnel who staffed the display at the Home and Garden Show, on March 22, 2003, at the Western Service Center. The display was very informative and the Show was well attended. The Council received a memo dated March 24, 2003, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers dated March 20, 2003, in the amount of $28,263,328.22; and March 26, 2003, in the amount of $666,031.18. Ayes - 5 - Nays - 0.

CLOSE MEETING PRIVATE DATA

Mr. Dougherty asked the City Council convene in a closed session, under the provisions of M.S. 13D.05, Subd. 2 (a)(2) and (b), to discuss active investigative data and preliminary consideration of allegations against an individual.

MOTION: of Grendahl, seconded by Bergman, to close the regular meeting and convene in closed session to discuss active investigative data and preliminary consideration of allegations against an individual. Ayes - 5 - Nays - 0.

The meeting was closed at 10:28 p.m. and the Council convened in the Regent Conference Room, at 10:38 p.m., along with City Attorney Dougherty, Labor Consultant Frank Madden, City Administrator Lawell, City Clerk Mueller, Human Resources Manager Strauss, Police Chief Johnson, and Police Captains Anglin and Lohse. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and private data could not be disclosed outside of this meeting. The Council reconvened in open session at 12:18 a.m.

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

The meeting was adjourned at 12:19 o'clock a.m.