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HomeMy WebLinkAbout05/24/2007 CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 24th, 2007, 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 Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Bodmer, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Utilities Superintendent Blommel Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, 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 Grendahl, removing item 5.A.2 - Making a Difference – The R.A.I.R. from the agenda, and approving the agenda for tonight’s meeting, as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of May 10, 2007, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Goodwin). CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 2 Resolution No. 2007-94 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of $1,000.00 from Wal-Mart Foundation for use by the Police Department Canine Program. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the 2006 Municipal Separate Storm Sewer Systems (MS4) annual report, as attached to the Natural Resources Coordinator’s memo dated May 24, 2007; and authorizing the Public Works Director to sign the same and submit it to the Minnesota Pollution Control Agency. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Emergency Management Planning Continuity of Operations (COOP) Plan, as attached to the Police Chief’s memo dated May 18, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Emergency Operations Plan Annex V regarding Terrorism, as attached to the Police Chief’s memo dated May 18, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Emergency Operations Plan Annex W regarding Mass Vaccination, as attached to the Police Chief’s memo dated May 18, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the License Agreement with St. Paul Growers Association for a Farmers Market in the Municipal Center Parking Lot on Saturdays from June 23 through September 8, 2007, and September 22 to October 27, 2007, from 8:00 a.m. to 1:00 p.m., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Rental Agreement with Dakota County and St. Paul Growers Association to operate the Apple Valley Farmers Market in the north parking lot of the Dakota County Western Service Center on September 15, 2007, from 8:00 a.m. to 1:00 p.m., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the amendment and extension of the Metropolitan Council Livable Communities Demonstration Account Grant Agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2007-95 MOTION: of Bergman, seconded by Goodwin, adopting authorizing disposing of fire truck 4984 by advertising for sale by sealed bids, to be opened at 2:00 p.m., on June 28, 2007, with a minimum bid of $5,000.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 3 MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Replacement of Two Air Conditioner Condenser Coils South River Heating & Cooling, Inc., in the amount of $10,717.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with General Services Security Corporation for Police Facility Access Control System Additions and Other Lock Hardware Installation, extending the completion deadline to June 22, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Landmark Structures, I, L.P., for Project 04-269, Quarry Point 1.5 MG Water Storage Reservoir, changing the hours of operation to allow work on Sundays. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the agreement with Visu-Sewer Clean & Seal, Inc., for 2006 Cured-in-Place Pipe (CIPP) Repairs to Sewer Lines for an additional section of storm sewer, in the amount of $2,250.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting 2006 Cured-in-Place Pipe (CIPP) Repairs to Sewer Lines as final, and authorizing final payment on the agreement with Visu-Sewer Clean & Seal, Inc., in the amount of $37,680.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Apple Valley Family Aquatic Center Pool Heater Reconditioning Project as final, and authorizing final payment on the agreement with PBBS Equipment Corporation, in the amount of $24,353.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the hiring of full time and seasonal employees and resignation of employees, as listed in the Personnel Report and Addendum dated May 24, 2007. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA VOLUNTEER RECOGNITION – MAKING A DIFFERENCE Mr. Randy Johnson said approximately 50 people helped plant over 1,200 flowers and shrubs and place mulch in the planting beds at Kelley Park on May 19. Work began at 8:00 a.m. and finished around 11:30 a.m. with a picnic lunch. He thanked the volunteers for sharing their time and energy to complete this landscaping project, and encouraged the public to stop by and see the amazing transformation. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 4 On behalf of the City Council, the Mayor presented the volunteers which were present with “You Make a Difference” certificates of appreciation. Mr. Lawell read the names of all the volunteers who helped with this project and stated everyone will receive a certificate of appreciation. 2007 SPECIAL ASSESSMENT ROLL 550 Mayor Hamann-Roland called the public hearing to order, at 8:16 p.m., on Special Assessment Roll No. 550 and noted receipt of the affidavit of publication of the hearing notice. Mr. Ballenger described the assessment roll, totaling $122,696.90, for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:18 p.m. Resolution No. 2007-96 MOTION: of Bergman, seconded by Erickson, adopting approving and levying 2007 Special Assessment Roll No. 550, delinquent utility charges, in the total amount of $122,696.60. Ayes - 5 - Nays - 0. 2007 SPECIAL ASSESSMENT ROLLS 551, 552, 554-556, 558-560 Mr. Ballenger described Special Assessment Rolls No. 551, 552, 554-556, and 558-560, totaling $3,733,962.00, for various public improvements. Mayor Hamann-Roland called the public hearing to order, at 8:20 p.m., on Special Assessment Rolls No. 551, 552, 554-556, and 558-560 and noted receipt of the affidavit of publication of the hearing notice. Ms. Gackstetter said she just received a written objection to Assessment Roll 560. The objection includes four questions. Staff is not prepared to respond at this time, but will research the questions and provide a response to the property owner. The Mayor asked for questions or comments from the Council and the audience. Mr. Charles Mankus, 12959 Diamond Path, said he and his wife, Peggy Fern, recently received a notice of assessment for $38,000.00. As a former Northwest Airlines employee, he is struggling to make ends meet. He acknowledged the project was probably expensive to complete considering it required directional drilling through a large hill. However, he was under the impression a portion of the cost would be defrayed by a development that was to go in to the east of him. The development fell through and it is his understanding only two properties are hooked up to the sewer line. He feels the $38,000.00 that is apparently his portion of the cost is more than a typical hookup. The City Attorney shared with the Council its options on closing or continuing the hearing on the assessments and levying the assessments. He said the Council may wish to close the hearing and levy the assessments for all rolls except for Special Assessment Roll No. 560, which would be continued to the next Council meeting. That would provide staff time to respond to the questions asked of the property owner. Mayor Hamann-Roland said it sounds reasonable to continue roll 560 until the June 14 meeting. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 5 Councilmember Erickson said he was sorry to learn of Mr. Mankus’ employment situation. He noted the total cost of the project was $167,000.00. He asked staff if the other property Mr. Mankus mentioned earlier paid the balance of the project costs. Mr. Manson said there are three parties involved, two private properties as well as the City. He will need look into the matter to see how the costs were divided. Again, the Mayor asked for questions or comments from the Council and the audience. Hearing no other objections, the Mayor closed the hearing on Special Assessment Rolls No. 551, 552, 554-556, 558, and 559 at 8:29 p.m. Resolution No. 2007-97 MOTION: of Erickson, seconded by Grendahl, adopting approving and levying 2007 Special Assessment Rolls No. 551, 552, 554-556, 558, and 559, in the total amount of $3,695,829.00. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Bergman, continuing the public hearing on 2007 Special Assessment Roll No. 560, in the total amount of $38,133.00. Ayes - 5 - Nays - 0. SCHOOL OF ENVIRONMENTAL STUDIES WIND TURBINE Ms. Bodmer reviewed the request from Dakota Electric Association who is partnering with the School of Environmental Studies to construct a wind generator and communications tower as well as solar panels and an accessory building on the school property located at 13000 Zoo Boulevard. The petition is for an amendment to PD-167/Zone 2 to allow communications towers and wind generation, and a site plan review/building permit authorization to construct a 160-foot monopole that will hold a 20 kW wind generator and three sets of communications antennas. The site plan shows the monopole will be located 245 feet east of the school building and approximately 400 feet west of Johnny Cake Ridge Road. One solar panel will be constructed on top of the accessory building and a second panel will be constructed on its own pedestal beside the tower. The blades on the wind generator will be 31 feet, making the entire structure 185 feet tall. Plans show room for an additional antenna in the future. Typically, the exterior building materials on an accessory building are required to be similar to those on the main building. Plans for this accessory building show the use of sustainable and recycled products, which are different than the primary building. However, staff and the Planning Commission believe the use of these materials provides another learning opportunity and is consistent with the overall project. Ms. Bodmer said the Planning Commission held a public hearing on May 16, 2007. Only one public comment was received; it was a question as to how the project would be funded. Dakota Electric representatives indicated they, along with contributing partners, will be donating the wind generator and associated structures to the school. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 6 Jacob Wagner and Robert Preston, students from the School of Environmental Studies, described various aspects of the project as well as the goal of teaching and learning about sustainable and green energy. Jacob Wagner said Dakota Electric and CNH Architects are sponsoring various parts of the project. The project will help students and the public learn about solar and wind energy and will showcase how green energy is possible. The building will house the controls and educational components. An educational kiosk will provide a demonstration site and hands-on learning tool. Robert Preston said the building is a green building and highlighted many ways it is energy efficient. Councilmember Bergman asked if the antennas will be solely for Dakota Electric’s use or if they will be available for communication providers as well. Jacob Wagner said he believes the antennas are only for Dakota Electric. Councilmember Erickson said it is a wonderful project. He asked if Apple Valley’s geographical location is such that commercial wind turbines are likely to become more prevalent in this area. Jacob Wagner responded that Apple Valley is technically in a valley and does not have as much wind as other areas of the state; therefore, is not ideal for a major wind turbine farm. Councilmember Grendahl said environmentalists have questioned the impact of wind turbines on birds and bats. Jacob Wagner quoted a two-year study out of the University of Southern California which found more bats than birds and birds of prey die in wind turbines; however, the total number is extremely small when compared to the number of birds killed by vehicles. Councilmember Goodwin applauded the project as well. With the Legislature mandating more alternative energy sources, this type of project is even more significant. Mr. Lawell said he wanted to respond to a question Councilmember Bergman asked earlier regarding placement of additional antennas on the monopole. The information provided states the school district will own the tower and will have rights to add communications antennas in the future and may lease the space to other parties. Mayor Hamann-Roland thanked Dakota Electric for its role in this project which will help teach the public about alternative energy sources and how citizens can be good stewards of the earth. Mr. Craig Knutson, Land Use Manager for Dakota Electric, said it was an exciting project on which to work and it was fun working with the students. He said Dakota Electric will use its antennas for radio communications with its substations. Adding additional antennas or leasing CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 7 space for cellular antennas will be up to the school district. The wind turbine should generate enough revenue to cover maintenance costs. Councilmember Grendahl asked how much a wind turbine costs. Mr. Craig Knutson said he was not positive, but estimates the cost for the entire project is somewhere in the neighborhood of $150,000.00. Mayor Hamann-Roland noted Great River Energy also partnered with Dakota Electric on this project. Councilmember Bergman asked if the wireless antennas would be required to follow the guidelines currently in place. Ms. Bodmer said the same guidelines would apply. The ordinance amendment for this Planned Development is slightly different in regard to setbacks. MOTION: of Erickson, seconded by Bergman, waiving the procedure for a second reading Ordinance No. 812 and passing rezoning, “PD-167/Zone 2” to allow construction of a monopole for communications antennas and wind generation. Ayes - 5 - Nays - 0. Resolution No. 2007-98 MOTION: of Bergman, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit to construct a monopole with a wind generator and communications antennas along with associated equipment, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RESIDENTIAL PARKING PERMIT AT 8680 HUNTERS WAY Ms. Bodmer reviewed the request by Paul and Lori Michael for a parking permit which would allow them to park up to six vehicles on their driveway. City Code restricts the number of vehicles that may be parked on a driveway to four. City Code also contains a provision which allows property owners to request a parking permit to allow up to six vehicles on the driveway. The Michaels state they have seven adult children living at home which necessitates the need for the permit. The horseshoe shaped driveway is 87-feet long and 13-feet wide. Ms. Bodmer presented photos which depict six cars parked on the driveway without blocking the sidewalk. The Planning Commission has reviewed and discussed the residential parking ordinance this past year. In recent discussions, they suggested keeping the ordinance as it is as far as the maximum number of vehicles allowed, and as far as the provision to increase that amount to six with a permit. The only change they were contemplating involved establishing conditions which would need to be met in order to obtain a permit. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 8 Letters were mailed to neighboring residents informing them of the on-site parking request and their right to provide written comments to the City Council. The letters the City received expressed concern that the parking of additional vehicles would negatively impact the use of their property and would not be in keeping with the character of the neighborhood. On May 16, 2007, the Planning Commission voted unanimously to recommend approval of the on-site parking permit to allow up to six vehicles to be parked outside on the driveway with conditions for a period of one year. Ms. Bodmer said there were some discussions with the petitioner and neighborhood regarding shortening the permit timeframe in order to resolve some of the concerns that have been raised. Councilmember Grendahl noted most of the letters received suggested there were cars parked across the sidewalk. She asked if it would be incumbent upon the Police Department and Code Enforcement to ensure vehicles are not parked across the sidewalk should a permit be granted. Ms. Bodmer said the petitioner is very aware of that concern. A complaint regarding impeding the sidewalk was received earlier this week. The petitioner said she checked with family members who stated that was not the case. However, if there is a violation, normal procedures would be followed. Councilmember Bergman stated he has concerns with the condition prohibiting overnight parking on the streets from 3:00 to 6:00 a.m. Normally, if a property owner’s driveway is full of vehicles and they have a special event such as a graduation party or family members visiting from out of town, they may call the Police Department to request special temporary parking on the street. One of the conditions called out by the Planning Commission would not allow that. Ms. Bodmer said the condition could be changed to state they cannot park on the street in violation of the City Code. Mr. Nordquist said staff suggested to the petitioner and neighborhood representative that mediation may be beneficial. Both expressed interest as well as questioned how it would be funded. Typically, the participants share equally in the cost. However, there may be resources available through the County or a foundation. Mr. Nordquist then described the process of using a neutral party to identify the issues and work towards a shared understanding and resolution. The idea behind shortening the time of the permit is to provide an impetus for all parties to participate in mediation. Councilmember Erickson stated he was surprised at the number of neighbors opposing this. He further stated he values the neighbors’ input, and does not like to support an issue when the immediate neighbors are opposed to it. However, he believes there may be other issues than just parking six vehicles in the driveway. As a result, he supports mediation in that it may help resolve some of the other issues. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 9 Councilmember Grendahl asked if anyone in the audience wished to contradict any of the information relayed to the Council this evening. If not, she would assume what was being presented is accurate. No one came forth. Councilmember Goodwin asked for the history on previous requests for additional on-site parking. Ms. Bodmer said she is aware of a request in 2005 that was denied and another approximately 15 years ago that was approved. Councilmember Goodwin said this is a difficult issue for a number of reasons. First, the City is looking at updating the parking ordinance. Largely because when the ordinance was written people had smaller homes, shorter driveways, and did not have the number of vehicles, toys, or utilities they have today. Second, is the issue of enforceability. Some homes today could probably fit 20 cars in their driveway. Several neighborhood letters comment on the fact the petitioners have a three-car garage. They question why the extra vehicles are not stored in the garage. In response, the petitioners state it is their right to use their garage any way they want. When the Council is looking for a hardship, it does not appear as if the petitioner has put much effort into resolving the matter. Mr. Goodwin said he agrees with Councilmember Erickson in that there may be more at issue than the concern over additional parking. Therefore, he too believes mediation would be worth looking into. Ms. Bodmer said the petitioner recently told her there are two vehicles parked in the garage. Mayor Hamann-Roland asked if that meant there were a total of eight cars currently kept on the property. Ms. Bodmer said yes. Councilmember Bergman asked if staff could suggest a timeframe needed for mediation and if mediation was intended for the parking issue or would it include other things going on in the neighborhood. Mr. Nordquist said he believed three or four months would be an appropriate timeframe for mediation, considering the nature of the conflict. Mayor Hamann-Roland asked if that would also allow enough time to find the mediator and search for funding. Mr. Nordquist said yes. Councilmember Bergman asked if the Michaels owned a large piece of property. Ms. Bodmer said yes, they have two lots. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 10 Councilmember Grendahl said she would support a 90-day permit. If there were problems finding a mediator, she would consider extending it another month. Councilmember Bergman indicated he was still concerned about the 3:00 to 6:00 a.m. parking condition. The City Attorney clarified that the condition as listed would not prohibit the Michaels from requesting temporary parking from the Police Department, similar to a request made by any other property owner. Councilmember Goodwin said he feels granting a 90-day permit takes all the pressure off one side and puts it on the other side. He stated he would like to hear directly from the parties that they are interested in mediation. Perhaps that would calm this matter and this item could be tabled. Mayor Hamann-Roland asked if the petitioner could continue to park six vehicles in her driveway without a permit while they were going through mediation. The City Attorney responded that it would be a violation of code. Councilmember Erickson said he is also struggling with this one. Staff said both parties indicated an interest in mediation, yet neither wants to pay for it. It makes him question how serious they are about it. Mayor Hamann-Roland said it would be nice if it was not necessary to issue a permit, but the petitioners will be in violation without one. If they are granted a permit, they will have the time to work on resolving the issues. Councilmember Goodwin suggested the permit only be issued for 60 days. He asked again if either party would step forward to indicate they are in favor of mediation. Dr. Dennis Simmons, 8683 Hunters Court, said as the representative of the neighborhood, he would be more than willing to take the issues the neighbors have, put them together, and sit down with the petitioner so they can continue with their lives in an amenable way as well as work towards addressing the neighborhood concerns. Councilmember Bergman said he hopes the only issue discussed during mediation is parking. Councilmember Goodwin said that is not how it works. Councilmember Bergman said he has been to mediation a number of times. He is concerned if discussions stray, they may prompt neighborhood feuds. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 11 Councilmember Goodwin said he did not think mediation would be meaningful if it was restricted to the one topic, considering there may be several issues at hand. Dr. Simmons said he will accept that at this time provided the other side will as well. Councilmember Grendahl asked Dr. Simmons his thoughts on a 60-day timeframe. Dr. Simmons said it is a short period of time but it should work if people really want resolution, they will make it work. Councilmember Erickson said he prefers letting the mediator dictate what issues should be discussed. Ms. Lori Michael, 8680 Hunters Way, said she does not know any of these people except Mr. Vescio. No one has ever come to her to discuss any issues. She has dandelions in her yard and understands there are other issues. She is allergic to fertilizer and weed killer, but does not believe that is what should be at issue. She had seven drivers at her home, until her son moved out. Now there are six. All the kids go to college and work. She indicates she does not know what she can do to change the situation. It is a transitory time. It is a transition other families may find themselves in as well. Mayor Hamann-Roland said there are ordinances which everyone must follow. Sometimes it is difficult and choices are tough and, because of that, mediation is going to be important. Mediation may be a gift to the neighborhood. Councilmember Goodwin asked if Ms. Michael was willing to go to mediation. Ms. Michael stated she agreed with Councilmember Bergman that mediation should only involve the parking issue. It should not be about how she trims her bushes or mows her lawn. If discussions are restricted to parking, she will go to mediation. As far as what is in the garage, there is a car with a blown head gasket that cannot be moved, a Corvette that can be moved, and a trailer with go-carts. Mayor Hamann-Roland commented that it appears there are some things that can be worked out. Ms. Michael said there are, but the neighbors have not said anything to her in seven years. Now Code Enforcement is being called to her house every day. Mayor Hamann-Roland said right now the Council is contemplating a temporary permit contingent on going to mediation. Ms. Michael said she will go to mediation only if it sticks to the point of parking otherwise she will move her cars. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 12 Mayor Hamann-Roland asked for clarification. Ms. Michael said she would either go to mediation or move her cars. She would drive her cars to Michigan and her family would have to adjust. In addition, she has two cars stored elsewhere. Mayor Hamann-Roland asked if she wanted to go to mediation. Ms. Michael said she would do one or the other it was her choice. It was her understanding when starting this process the ordinance was under review. Apparently, that is no longer the case. She provided documentation on surrounding communities showing Apple Valley is the most restrictive in regards to parking. She believes this ordinance will be constitutionally challenged. Mayor Hamann-Roland said she feels mediation is warranted. It will also provide the time to look at various solutions. Councilmember Grendahl asked what the options were if the parties go to mediation. Will it determine if one or two cars are moved out of the garage? It does not appear as though there are many options to pick from. Mayor Hamann-Roland said she did not want to prescribe what can be done in mediation. Mr. Nordquist said neither the petitioner nor the neighborhood is satisfied with their current quality of life. Mediation provides an opportunity to discuss the issues. It is unsure whether the process will result in a satisfactory outcome, but it is worth a try. Ms. Michael indicated before she would listen to all the things the neighbors would drudge up about her family and her household, she will move her cars. She said she did not understand the ordinance to say a permit may be granted if the petitioner agreed to mediation or anything else. Mayor Hamann-Roland asked Ms. Michael if she wants to move her cars. Ms. Michael said no she did not say that. Mayor Hamann-Roland said she thought that Ms. Michael offered that as a solution. Ms. Michael responded that is not what she was saying. She is very busy juggling the household and a full time job. She does not have time to go to mediation to listen to various concerns that she does not have time to worry about. Councilmember Erickson said he is willing to give mediation a chance. Councilmember Bergman said he also prefers the 60-day permit versus the 90-day one. He said Ms. Michael indicated another option is to move a couple of the cars to Michigan. If she does CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 13 that the problem goes away. It is her choice on what she wants to do, but he encouraged her to make a decision. Councilmember Grendahl noted parking is a charged issue around the community, and it is not limited just to this neighborhood. Ms. Michael said she will move two cars. She asked to be given one month in order to plan a trip to Michigan. Mr. Fred Vescio, 8690 Hunters Court, commended the Council on the job they did. He said he did not believe this matter was that emotional. He wanted to clarify that the problems existed before, but the neighbors were attempting to be “Minnesota nice” and not want to intrude on Ms. Michael’s privacy. It is not that the neighbors did not have concerns. He said the neighbors probably should have said something earlier. He also said it may have been able to be taken care of at the Planning Commission meeting, and was apologetic it came before the Council in this form. He said the issues extend beyond the parameters of parking on the driveway, and if the mediation is limited to that issue he does not believe mediation will be worthwhile. He said neighborhoods are sensitive. He would rather see Apple Valley preserved the way it is than watch it go through what some other cities have gone through by expending substantial time and effort to rebuild. Councilmember Grendahl asked if Mr. Vescio thought a 30-day permit was okay. Mr. Vescio said yes. MOTION: of Grendahl, seconded by Goodwin, approving a 30-day residential on-site parking permit to park up to six vehicles outside on the driveway at 8660 Hunters Way, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mayor Hamann-Roland called a five-minute recess at 9:58 p.m. Mayor Hamann-Roland resumed the meeting at 10:04 p.m. MIDWEST SPECIAL SERVICES CONDITIONAL USE PERMIT Mr. Lovelace reviewed the request for a conditional use permit to allow Midwest Special Services to park five buses overnight in the parking lot of the Pilot Flex Center located on the west side of Energy Way and south of Upper 147th Street. Midwest Special Services would like to lease 10,000 square feet in the south building of the Pilot Flex Center. They provide vocational and training services for adults with disabilities and use buses to transport their clients. The buses will be parked in the rear of the building. They will be screened by the Pilot Flex Center on the north, south, and east sides and the American Student Transportation garage on the west side. City CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 14 Code allows overnight parking in a Business Park “BP” zoning district as a conditional use. The Planning Commission voted unanimously to recommend approval. Councilmember Grendahl asked if the City received any letters of opposition. Mr. Lovelace stated no letters have been received. In addition, no comments were received at the public hearing held May 16, 2007. Resolution No. 2007-99 MOTION: of Erickson, seconded by Goodwin, adopting approving a Conditional Use Permit to allow Midwest Special Services to park five buses overnight on Lot 1, Bock 1, Knob Ridge 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COMMUNITY OF CHRIST CHURCH Ms. Bodmer reviewed the request by Community of Christ Church for a final plat, site plan review/building permit authorization for a 5,000 square foot addition, and Natural Resources Management Permit (NRMP) to remove 13,500 cubic yards of material from the hill on the west side of the church located at 5990 – 134th Street Court. It is necessary to reshape the hill to accommodate the expanded parking lot and new addition. The petitioner is proposing an underground infiltration system. Mr. David Kirscht, landscape architect for the project, explained that using the underground infiltration system allows the petitioner to keep more of the earth berm and mature trees located on the property. Mr. Lloyd Jafvert, architect for the project, presented a model of the building and described how it would blend with the . Ms. Bodmer relayed the Planning Commission reviewed the project on May 16, 2007, and voted unanimously to recommend approval. Resolution No. 2007-100 MOTION: of Goodwin, seconded by Bergman, adopting approving the final plat of Community of Christ Addition, and waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2007-101 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of a 5,000 square foot addition on Lot 1, Block 1, Community of Christ Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 15 Resolution No. 2007-102 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of a Natural Resources Management Permit, with conditions, on Lot 1, Block 1, Community of Christ Addition. Ayes - 5 - Nays - 0. CEMETERY ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memo, dated May 21, 2007, regarding a vacancy on the Cemetery Advisory Committee with a term expiring March 1, 2008. Council may wish to extend an invitation to individuals interested in serving on this Committee to submit an application to the City Clerk by June 22, 2007. Appointment could then be made at the first meeting in July. The next Cemetery Advisory Committee meeting is July 17, 2007. Councilmember Grendahl suggested keeping the posting open until the end of the month. MOTION: of Bergman, seconded by Erickson, directing staff to post the Cemetery Advisory Committee vacancy and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by June 30, 2007. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Grendahl stated she has received a number of calls on Alimagnet Park disc golf. She asked when this item will come back before the Council. Mr. Johnson said the last time it was discussed, it was decided it would be reviewed again in September. Councilmember Bergman asked that the transit situation be discusses at the next informal meeting. The park and ride on 160th Street and Pilot Knob Road is not being used while the transit station on Cedar Avenue is overflowing. Mayor Hamann-Roland said perhaps there is a possibility some of the churches would partner with the Minnesota Valley Transit Authority (MVTA) to share their parking lots. Councilmember Grendahl said she would look at the possibility of using church parking lots, but noted additional stops means the ride takes longer. She believes it is time to revisit permit parking at the Apple Valley Transit Station. She would also like to see the Lakeville and Farmington residents parking at the 160th Street station. She then asked the Finance Director if he was able to research the information she requested regarding what percentage Apple Valley residents pay for the special taxing district. Mr. Ballenger said the Apple Valley Special Taxing District is .046 and is comprised of five districts. Councilmember Grendahl asked that the Council be provided a copy of the details. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 2007 Page 16 Councilmember Erickson said he has been opposed to permit parking in the past, but feels it is now time to look at it. CALENDAR OF UPCOMING EVENTS MOTION: of Erickson, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated May 21, 2007, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated May 16, 2007, in the amount of $773,706.88; and May 24, 2007, in the amount of $9,559,522.18. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:31 o’clock p.m.