CLOSE MEETING, LABOR NEGOTIATIONS

The City Council convened in the Regent Conference Room at the Municipal Center on June 26, 2003, at 6:45 p.m. Mr. Lawell advised the City Council that it had scheduled a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss Police Sergeants LELS labor negotiations.

MOTION: of Erickson, seconded by Grendahl, to enter into a closed meeting and convene in closed session to discuss LELS Local 243, Police Sergeants, labor negotiations. Ayes - 5 - Nays - 0.

The closed session was held with Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl; present, at 6:46 p.m., along with Labor Consultant Frank Madden, Human Resources Manager Strauss, City Administrator Lawell, City Clerk Mueller, Police Chief Johnson, and Police Captains Anglin and Lohse. The meeting was tape recorded as required by law. The Council reconvened in open session at 7:09 p.m.

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

The closed meeting was adjourned at 7:10 p.m.

REGULAR OPEN MEETING

Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 26, 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 Fick, Police Captain Anglin, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, 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 Bergman, 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. Karen Cass Felling, 7205 West 145th Street, and Dawn Labiosa, 7204 West 145th Street, presented a petition from their neighborhood requesting installation of three-way stop signs at the intersection of 145th Street, Garrett Avenue and Genesee Avenue. They commented on concerns about pedestrians crossing at the intersection to continue on the sidewalk and the hill impeding visibility. The Council referred the petition to the Traffic Safety Advisory Committee for a recommendation. The Committee's next meeting is July 9, 2003, at 7:00 p.m.

CONSENT AGENDA

MOTION: of Erickson, seconded by Bergman, moving receipt of a report of Palomino Hills Easement Vacation proceedings to the regular agenda, adding a permit for excessive weight vehicles on City streets to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Erickson, seconded by Bergman, approving the minutes of the regular meeting of June 12th, 2003, as written. Ayes - 3 - Nays - 0 (Hamann-Roland and Goodwin Abstained).

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-115 accepting, with thanks, the donation of $750.00 from Apple Valley McDonalds toward sponsorship of the 4th of July "Fun Run". Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-116 accepting, with thanks, the donation of musical equipment, an appliance, and computer equipment from the Apple Valley Senior Center membership for use in the Apple Valley Senior Center. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-117 approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Apple Valley High School All Sports Booster Club, for an event on September 28, 2003, at Apple Valley High School, 14450 Hayes Road; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-118 changing the location of the polling place for Precinct 11 from Dakota Ridge School to Independent School District No. 196 Office, 14445 Diamond Path, for future elections. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-119 approving Cost Share Program Policies for control of Oak Wilt and Dutch Elm tree diseases on residential properties in the City and reimbursement for eligible costs. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, approving Contract No. 03R005 with the Metropolitan Council for the 2003 Citizen Assisted Lake Monitoring Program on Lake Alimagnet, Farquar Lake, and Long Lake as attached to the Natural Resources Coordinator's memo dated June 26, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-120 approving, for recording with Dakota County, Special Assessment Divisions No.: 23660, Pahl Family LP; 23773, Fischer Market Place LP; 24056, Fischer Market Place 7th Addition; 24071, Pennock Place Senior Housing; and 25096, The Legacy of Apple Valley. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, approving a setback variance to allow construction of a porch addition to within 22 feet of the rear lot line on Lot 17, Block 3, Heritage Hills 2nd Addition (7936 Lower Hamlet Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, approving a setback variance to allow construction of a garage addition to within 22 feet of the front lot line on Lot 10, Block 1, Greenleaf Park Estates 2nd Addition (13904 Fairlawn Avenue) as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-121 approving the final plat and Development Agreement for Fischer Market Place 8th Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, approving the reduction of financial guarantees for Pickled Parrot, from $27,000.00 to 0; for Galaxie Commons, from $2,350.00 to 0, and for Browning Complex, from $39,521.00 to $9,880.25. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-122 awarding the contract for Project 03-223, Nordic Water Reservoir Painting, to Classic Protective Coatings, Inc., the low bidder, in the amount of $280,019.00. Ayes - 3 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, approving change order Supplemental Agreements to the contract with McNamara Contracting, Inc., for Project 98-418, Galaxie Avenue Widening North of 140th Street, in the amounts of No. 1 - $37,026.20, No. 2 - $2,375.95, and No. 3 - $2,589.37. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, accepting the Outdoor Aquatic Center Pool Repair Project as final and authorizing final payment on the contract with Gerold Pool & Concrete, Inc., in the amount of $700.00. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, approving an Agreement for Reconditioning and Painting Hydrants with Central Sandblasting Co., Inc., as attached to the Public Works Supervisor's memo dated June 26, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2003-123 authorizing elected officials to be eligible to participate in the City's group insurance plans and establishing conditions for participation. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated June 26, 2003. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, approving issuance of a Special Permit for Exemption from Statutory Road Restrictions for Vehicles of Excessive Weight to the Fort Snelling Military Museum for participation in the parade on July 4, 2003, as attached to the Public Works Director's memo dated June 26, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

ANDY'S MARKET CAR WASH

Ms. Dykes reviewed the Planning Commission recommendation concerning a proposed car wash addition to Andy's Market at 14133 Galaxie Avenue. In order to allow the use, a Comprehensive Plan amendment and rezoning are required. The car wash is also subject to a conditional use permit. The recommended site plan restricts the north entrance from Galaxie Avenue to right turns only with installation of a concrete divider. There will be a total of 42 parking spaces on the site. A setback variance from the 140th Street right-of-way is necessary to allow the car wash drive lane on the north side of the lot and maintain parking spaces.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2003-124 approving an amendment to the Land Use Guide Map of the Comprehensive Plan, for submittal to the Metropolitan Council, changing the designation from "NS" (Neighborhood Service) to "C" (Commercial) for part of Outlot C, Scott Highlands 3rd Addition (Andy's Market) as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 2003-125 approving issuance of a Conditional Use Permit for a car wash on part of Outlot C, Scott Highlands 3rd Addition (Andy's Market), subject completion of the Comprehensive Plan amendment and rezoning, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2003-126 approving the site plan and authorizing issuance of a building permit for a car wash on part of Outlot C, Scott Highlands 3rd Addition (Andy's Market), subject completion of the Comprehensive Plan amendment and rezoning, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, approving a setback variance to allow a drive lane/parking lot to be constructed to within 0 feet of the north lot line on part of Outlot C, Scott Highlands 3rd Addition (Andy's Market), as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

THE LEGACY OF APPLE VALLEY 2ND ADDITION

Ms. Dykes reviewed the Planning Commission recommendation on a planned development amendment and subdivision of Lot 1, Block 1, The Legacy of Apple Valley, into three lots. The planned development amendment provides that maximum impervious surface for property in the 2nd Addition is 70 percent calculated for the overall subdivision and not on individual lots. Storm water runoff has been calculated for the area and this interpretation complies.

Subdivision of Lot 1 is actually for two lots. One lot is for the Tuscany Apartments and one lot for the County's supportive housing. The third lot was tentatively for an office use, but will be vacant at this time and incorporated into the apartment lot. There is some concern that parking might not be adequate for an office use.

Councilmember Grendahl asked if other cities in Dakota County have agreed to supportive housing sites yet and what some of the terms used mean? Andrea Brennan, of Dakota County CDA, was present and said they are working on a site in Hastings and looking for a site in Burnsville. Dakota County Social Services intends to provide homes for 180 people within the three cities. The Apple Valley site is proposed as a 36-unit development with 16 units restricted to those recovering from mental illness and 20 units for low-income individuals. It is not intended for anyone with a history of violent crimes, but to provide affordable and stable housing for persons able to live on their own with supportive services. The CDA intends to design the building to blend in with the Central Village concept. Dakota County Social Services would have to provide information on the screening process for residents.

The Council expressed some concern that the project had grown to 36 units when 24 to 30 units were previously discussed. It was noted this part of the development was not being approved now and information on screening residents, priority for Apple Valley residents, making the project more transit-oriented, and participation by other Dakota County cities was requested,

Bill Griffith, of the Hartford Group, was present and said there is potential to move this housing to the northern part of the Central Village. The problem is the CDA needs to apply for funding in July and designating a lot allows that to proceed. At this time, they have not determined an appropriate use for Lot 3 but will come back when they do.

MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 728 amending City Code Section A30(A)(1), regulating Planned Development No. 716, The Legacy of Apple Valley, by clarifying that maximum impervious surface in the 2nd Addition is 70 percent calculated for the overall subdivision and not on an individual lot basis, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 2003-127 approving the preliminary plat of The Legacy of Apple Valley 2nd Addition, with two lots, subject to conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Grendahl).

ACCESSORY UNIT DWELLING ORDINANCE

Ms. Dykes gave the second 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 Ms. Bodmer's memo dated June 20, 2003. Following the first reading on March 13, 2003, and a joint meeting with the Planning Commission on April 30, 2003, additional information was obtained and more restrictive provisions have been drafted.

The proposed ordinance now applies in R-1 single family zoning districts provided the property has a minimum lot size of 40,000 square feet and is connected to City water and sewer services. An AUD is not permitted if three AUDs exist within a radius of 2,640 feet (one-half mile) of the proposed AUD. An AUD is limited in size to 40 percent of the footprint of the primary residence on the property. Other provisions concerning owner occupancy, requirement for a conditional use permit, not allowable in a detached building, and limited to two bedrooms, occupied by three persons remain.

Councilmember Erickson said he believes the ordinance might be too restrictive and other single-family zones could accommodate AUDs. He would consider an amendment if requested. Councilmember Goodwin said it is an incremental first step to determine how this use is accommodated in the City.

MOTION: of Bergman, seconded by Grendahl, passing Ordinance No. 729 amending City Code Chapter 155 by adding provisions to allow construction of an Accessory Unit Dwelling (AUD) within a single family home in an R-1 zone, by conditional use permit, after meeting certain conditions including size, number of occupants, and parking restrictions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

ORDINANCE AMENDING RESTAURANT OFF-STREET PARKING REQUIREMENTS

Ms. Dykes gave the first reading of an ordinance amending City Code Section 155.379(P) concerning off-street parking requirement for restaurants as attached to her memo dated June 20, 2003. The current requirement is one parking space per three customer seats based on design capacity and does not address outdoor seating. Other cities' requirements were reviewed and there is no uniformity as to what is a standard requirement. There seemed to be three areas with particular parking issues in the City that initiated drafting the ordinance.

The proposed ordinance requires one space per 2.5 customer seats and one space per five seats of outdoor area (excluding the first 10) for Class I restaurants and establishments with on-sale liquor licenses. For Class II restaurants, one space per three customer seats and six stacking spaces for each drive-in window are proposed. It provides that existing restaurants are not subject to the parking requirements unless expansion or alteration is made resulting in more customer seating.

The Council accepted the first reading. The ordinance will be brought back for a second reading and enactment on July 10, 2003

LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT APPLICATION

Mr. Lovelace reviewed the revised application for a Livable Communities Demonstration Account grant attached to his memo dated June 26, 2003. It requests $1,125,000, of the available $7,900,000 available, for construction of a 250-space parking ramp in the Central Village. The application describes the budget, goals and expectations for the project, current activity, and financial commitments and expenditures for the project.

Councilmember Bergman asked what would happen if the grant is for only half the amount? Mr. Lovelace said the private developer has committed $625,000 of funding. If not all of the grant is received, the private sector would have to construct it or look at revising and phasing construction.

MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 2003-128 authorizing application to the Metropolitan Council for a Livable Communities Demonstration Account Grant of $1,125,000, for construction of a 250-space parking ramp in the Central Village, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0.

CONCEALED HANDGUNS ON CITY PROPERTY

Mr. Lawell reviewed his memo dated June 23, 2003, concerning the 2003 Minnesota Citizens' Personal Protection Act (also known as conceal and carry legislation) which expands the ability of individuals to carry guns in public. The legislation raised issues about treating cities differently from private businesses that may post signs prohibiting guns. The League of Minnesota Cities drafted a resolution for cities to consider, supporting an amendment to the law that would allow them to post city property. A second item in the memo concerns amending the personnel ordinance to address the issue of prohibiting employees from bringing guns into the workplace.

Councilmember Bergman asked how the law differs from the old law with regard to employees? Mr. Lawell said the City has always had the ability as an employer to regulate guns. It has not been an issue before because there was a different process for issuing permits. The purpose of an ordinance amendment is to make clear what the expectations are.

Councilmember Grendahl said a lot of issues are coming up with regard to this law and actions other agencies have taken. She would prefer to table this until later since it would not be considered until the next legislative session. At yesterday's meeting, the MVTA Board also discussed the issue of employee work rules and no action was taken yet. The law was passed because issuance of permits was not addressed uniformly statewide and police and sheriffs departments were not able to reach a compromise.

Councilmember Erickson asked about qualifications for a permit and whether someone with three DUI convictions in the last 10 years could get a handgun permit? Police Chief Johnson said that is true, previously the Chief could determine if there was a personal protection need for a permit. Councilmember Erickson said he supports the ability to control guns on city property. He also noted that a sign would probably not stop anyone from bringing a gun; the penalty is only $25.00 and the person does not lose the permit.

Councilmember Goodwin said there are probably other areas of the law that should be amended. Under Texas law, if a person has a DUI conviction, they are not eligible for a gun permit for five years. The same applies for disorderly conduct. He addressed the problem of different rules for city, school, and private properties particularly related to the Eastview High School/Johnny Cake Ridge Park site. He reviewed a map of the complex showing where guns are and are not permitted and how permit holders would have difficulty knowing where the boundaries are. The law did make some improvements particularly the training requirements.

Mayor Hamann-Roland said City-School development of the Eastview/Johnny Cake complex was the type of collaboration the State endorses, but this legislation puts projects like this in jeopardy. The resolution is not asking for repeal, but is asking for revision. It is erosion of local control and cities should have the right to post signs.

Councilmember Bergman said under the old law, guns could be carried on both city and school property so there has been an improvement. He does not support considering the resolution now.

David Gross, representing Jason Shade, 15989 Garden View Drive, was present and commented on misconceptions about the law noting a lot of things did not change. The old law did not prohibit someone with three DUI convictions from getting a permit nor were applicants required to provide fingerprints either. The law does give the Sheriff broader authority to investigate applicants. Cities could not post signs under the old law. Cities can only control the discharge of firearms. He supports the law as passed, pursuant to the Second Amendment, as a civil right.

Bruce Miller, Eastview High School Assistant Principal and Athletic Director, was present and said they support the resolution and would like restrictions on both City and School property. Cross use of City and School fields for youth athletic events as well as arena use will cause a lot of confusion.

Councilmember Grendahl cautioned that asking the legislature to change something could make it worse; it could be changed back to allow carrying in schools. Another government body passed the law and they should be held responsible for it. If citizens object to it, they should contact their legislators and make that position known.

MOTION: of Grendahl, seconded by Bergman, tabling consideration of a resolution supporting amendment of the 2003 Minnesota Citizens' Personal Protection Act. Ayes - 2 (Bergman and Grendahl) - Nays - 3. Motion Failed.

MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 2003-129 supporting an amendment to the 2003 Minnesota Citizens' Personal Protection Act giving cities authority to prohibit guns on city property. Ayes - 3 - Nays - 2 (Bergman and Grendahl).

MOTION: of Goodwin, seconded by Erickson, directing City Staff to develop language for the Personnel Ordinance that would prohibit employees (except sworn police officers) from carrying firearms in the workplace as described in the City Administrator's memo dated June 23, 2003.

Councilmember Grendahl said she would like Staff to also research what other communities are doing in developing the language. Mr. Lawell said ten of the MLC member cities are also dealing with the issue now and will be contacted.

Vote was taken on the motion. Ayes - 5 - Nays - 0.

PALOMINO EASEMENT VACATION PROCEEDINGS

Mr. Dougherty reviewed his memo dated June 18, 2003, concerning action to vacate easements on Outlots 7, 9, and 10, Palomino Hills. The outlots are being replatted as Galles Addition. There were both ponding and utility easements on the property. His review concludes that the ponding easements were property vacated. However, the utility easement on Outlot 9, Palomino Hills, should have been subject to further action and remains on the property. There is no action that the City needs to take at this time and the City retains a utility easement over Lots 3 and 4, Block 1, Galles Addition. The property owner has the option of submitting a new application for the vacation of part of the easement.

MOTION: of Goodwin, seconded by Erickson, receiving the City Attorney's memo dated June 18, 2003, reporting on Galles Addition and Outlots 7, 9, and 10, Palomino Hills, easement vacation proceedings. Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

Councilmember Grendahl reported that the MVTA received funding both in the State regional bonding bill and an increase in MVET revenue for 2004.

Councilmember Grendahl noted that, with redistricting completed, the position of Metropolitan Council District 16 representative is vacant. This is the district that includes Apple Valley. Applications for appointment should be submitted to the Secretary of State by July 22, 2003.

The Council received a memo dated June 23, 2003, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated June 19, 2003, in the amount of $514,019.13; and June 26, 2003, in the amount of $14,640,522.19. Ayes - 5 - Nays - 0.

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

The meeting was adjourned at 11:32 o'clock p.m.