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HomeMy WebLinkAbout07/12/2007 CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 12, 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, Parks Superintendent Adamini, Finance Director Ballenger, Recreation Superintendent Breuer, Associate City Planner Bodmer, Associate City Planner Dykes, 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, Police Captain Rechtzigel, 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 led by Boy Scouts Andrew Conlin, Benjamin Brumm, Zane Larwood, Patrick Mako, Peter Micholic, and Troy Spencer of Troop 292; and Andrew Harrington and Thomas Harrington of Troop 293. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Bergman, removing item 5.J – Resolution Appointing Member to Fill Vacancy on Cemetery Advisory Committee, 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. Ms. Betsy Doring, 204 Ridgeview Drive, handed out a letter dated July 25, 2006, from Mikael Isensee from the Dakota County Soil & Water Conservation District and summarized its contents. She is concerned disc golf may be damaging the trees in Alimagnet Park. She noted some trees have received protective fencing, but not all trees are protected. She said the Apple Valley website indicates April, May, and June are the worst months for infecting trees with oak wilt. She also commented on the traffic counts taken on June 25, 2007, stating that the counts indicate more traffic than was originally anticipated when disc golf was first proposed. Mayor Hamann-Roland said the Parks Maintenance Superintendent reviewed this topic last fall and identified various protective measures which would be implemented this year. Following this season’s play, staff will be collecting data and presenting it to the Council for further review. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 2 Councilmember Bergman asked staff to meet with the Urban Conservationist from Dakota County Soil & Water Conservation District who wrote the letter to determine if the golf course, itself, was figured into this entire project. 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: of Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of June 14, 2007, as written. Ayes - 5 - Nays - 0. Resolution No. 2007-119 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of a skate park ramp, valued at $25.00, from Ralph and Susan Michels for use at Johnny Cake Ridge Park West Skate Park. Ayes - 5 - Nays - 0. Resolution No. 2007-120 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of $500.00 from Peter Fischer for the Kelley Park dedication ceremony. Ayes - 5 - Nays - 0. Resolution No. 2007-121 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of a 1991 Chevrolet from Lowell Olson for use in Fire Department training. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a new License to Collect Refuse, for 2007, to Buckingham Disposal, as described in the City Clerk’s memo dated July 9, 2007. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the release of financial guarantee for The Legacy of Apple Valley 5th Addition, as listed in the Community Development Department Specialist’s memo dated July 9, 2007. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving acquisition of a Drainage and Utility Easement and Temporary Construction Easements on part of Lot 1, Block 1, Cedar Knolls, in connection with Project 05-292, Scout Pond Storm Sewer, and CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 3 authorizing payment of $5,000.00 to Grand Manor Apartments, as attached to the City Engineer’s memo dated July 6, 2007. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a two-year extension of the Cobblestone Lake 5th Addition preliminary plat, with conditions as set forth in Resolution No. 2005-113 and the current development fees at time of final plat approval. Ayes - 5 - Nays - 0. Resolution No. 2007-122 MOTION: of Goodwin, seconded by Bergman, adopting ordering the City Engineer to prepare a preliminary report for Project 07-365, Cobblestone Lake Trails and Regional Infiltration. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving an Agreement for construction of road improvements on Pennock Avenue with Minnesota Valley Transit Authority, as attached to the Public Works Director’s memo dated July 12, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Southridge Construction Corporation, for Municipal Center Locker Room Facilities and Other Remodeling, with a deduction of $1,100.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Municipal Center Locker Room Facilities and Other Remodeling as final and authorizing final payment on the agreement with Southridge Construction Corporation, in the amount of $91,800.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Kelley Park Fountains and Related Equipment as final and authorizing final payment on the agreement with Flair Contracting, Inc., in the amount of $85,572.75. Ayes - 5 - Nays - 0. Resolution No. 2007-123 MOTION: of Goodwin, seconded by Bergman, adopting authorizing the renewal and amendment of the Long-Term and Short-Term Disability Insurance Contract with Madison National Life, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the hiring of part time and seasonal employees and resignation of employees, as listed in the personnel report and addendum dated July 12, 2007. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 4 SPECIAL BOND ELECTION Mr. Randy Johnson said that after several years of intensive study, discussion, review and a number of public meetings, the Apple Valley Parks and Recreation Advisory Committee and staff are requesting the City Council authorize setting a special election for a park bond referendum. The question would ask for authorization to issue general obligation bonds in an amount not to exceed $14,430,000 to finance the acquisition, construction, equipping, and betterment of public parks and recreational facilities. Mr. Johnson described the proposed improvements, which would include the construction of Quarry Point Athletic Complex; Apple Valley Aquatic Center expansion, tube and bowl slide combo, and lazy river; construction of a new 25,000 square foot Senior Center; a variety of neighborhood parks and trail improvements; and Redwood Pool renovations. The median home in Apple Valley is $240,000. If approved, the monthly tax impact on a home valued at $250,000 would be approximately $3.13, the annual tax impact would be $37.53. Councilmember Grendahl asked what would be the tax impact for the additional staff and maintenance costs associated with these improvements. Mr. Johnson said this has been looked at very closely. It is estimated two additional full time park maintenance employees would be needed as well as increasing the Senior Coordinator from part- time to full time. The rest would be filled by seasonal employees. However, these additions would be made as Apple Valley grows over the next several years. He said he did not know how to compute that into a monthly cost. Mayor Hamann-Roland asked if the two full time maintenance employees would likely be added in the next five years. Mr. Johnson said yes. Mr. Russ DeFauw, Chair of the Parks and Recreation Advisory Committee, said the Committee worked very hard and took this task very seriously. He explained their methodology in coming up with the final list. In May, the Parks and Recreation Advisory Committee voted 6 to 1 in favor of recommending the Council place the question on the ballot. The no vote was because the committee member felt the total project was too small, not too large. Mr. DeFauw said the Committee believes the package has wide appeal and believes the citizens of Apple Valley will get a tremendous cost/benefit ratio. The remaining projects will satisfy real needs in the community and will come at a reasonable price. He was present on behalf of the Committee to ask for unanimous support in letting the question go before the citizens in November. Mayor Hamann-Roland thanked Mr. DeFauw and the Committee for their due diligence in investigating this matter, using a thoughtful process, listening to the community, and making the difficult choices. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 5 Mr. DeFauw said there is a long and expensive list of items that were removed from the recommended list. Mayor Hamann-Roland commented that there appears to be a nice balance of maintenance and new opportunities on the proposed list. Councilmember Grendahl noted there were no band shells included and said that might be something to consider in the future. Ms. Carol Geiger, 14596 Europa Way, said she was representing the Apple Valley Seniors. The Apple Valley Seniors have over 600 members, are very active, and participate in a variety of fun and meaningful activities. She listed several of the activities. In order to continue these activities, they need a facility adequate to accommodate their membership. They need meeting space for luncheons, speakers, and workshops; storage space for activities, crafts, and completed projects; and a larger library. She noted the current space can only accommodate 30 participants in the exercise group. She said the existing Senior Center is not large enough to accommodate the existing needs let alone the anticipated growth as the baby boomers begin to retire. Ms. Geiger said it is important that the Senior Center is able to provide adequate space to meet the seniors’ needs. She urged the Council to place the question for the bond referendum on the ballot in November. Mr. Tom Chrisfield, 7955 - 134th Street W., said he serves on the Board of Directors of the Valley Athletic Association (VAA), and wished to formally state the VAA’s unconditional support of the park bond referendum. He said the VAA was established in 1969 and its mission is to provide young people a means of athletic and social development through organized sports. The VAA believes academic performance, achievement in the arts, and participation in athletics is needed to produce healthy, well-rounded adults. Over the past year, they logged approximately 6,000 registrants in all sports. He read several excerpts from college scholarship applications which were submitted by high school students illustrating the importance organized sports played in their lives and the valuable life lessons they learned. Mr. Chrisfield said he cannot emphasize enough the importance of the availability of new and improved athletic fields. Having adequate field space is critical to the VAA’s ability to provide programs to the kids. He then asked the Council to place the park bond referendum on the ballot this fall. Mr. Scott Selby, 13894 Findlay Avenue, said he is member of the Board of Directors of the Eastview Athletic Association (EVAA) and a member of the capacity committee which deals with issues related to field availability. He noted no new fields have been constructed since the last bond referendum ten years ago. The EVAA traveling soccer program has had a 15 percent increase each of the last several years, while the in-house soccer program has maintained relatively constant at approximately 500 participants during the same period. Mr. Selby said this is the first year the EVAA was unable to form the number of baseball teams it would have liked to have formed for 10 year olds, due to the lack of field space. There were plenty of children and enough volunteer coaches, but insufficient field time to allocate to all the teams. The EVAA has formed CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 6 cooperative associations with other cities which have been able to provide fields on occasion, but that is no guarantee. He said in spite of declining enrollment in some schools, participation in sports, especially field sports, is on the rise. In addition, they are anticipating an explosion in lacrosse teams and players in the next several years. As State Director for recreational soccer in Minnesota, Mr. Selby said he has traveled around the state. Apple Valley has many very gifted players and lots of volunteers and highly qualified coaches. However, it is lacking a large centralized facility. He recommended the Council place the question regarding the park bond referendum on the ballot in November. Mr. Dale Kersten, 13605 Flagstaff Avenue, and his son were present. Mr. Kersten is President of the Eastview Athletic Association. He thanked staff for soliciting input from the various organizations as well as their efforts in scheduling field time. He said both the Valley Athletic Association and Eastview Athletic Association are large associations. As such, they use all the fields all the time. Kids and families who do not participate in organized sports do not have an opportunity to use the fields. Having informal games with neighbors and friends can be a lot of fun, but there are no opportunities to do so after 6:00 p.m. In addition, soccer and baseball tournaments bring in between 500 and 1,500 people on any given weekend. Visitors rent hotel rooms, shop, and eat when they are here. With the expansion of fields, those opportunities also increase. Mr. Kersten said he fully endorses the park bond referendum and encouraged the Council to do the same. Councilmember Goodwin said he is 100 percent behind the project. He thanked the Parks and Recreation Advisory Committee for identifying a core group of projects with a reasonable price. Councilmember Erickson said he has lived in Apple Valley 38 years and two things remain very constant: athletics are unbelievably popular and the result of participation in youth athletics is very positive. He does not see a diminishing need. He also supports the seniors. He said he has no problem taking the issue to the voters. The Council is not deciding to spend the money on these items, it is simply agreeing to let the voters decide if they want to spend the money. Councilmember Bergman thanked the Parks and Recreation Advisory Committee for its efforts. He commented on a group from the East Apple Valley Park that gave a three-minute presentation at a recent Advisory Committee meeting. He thought the presentation was well done and said he hopes there is some strong emphasis for improvements in that park. Councilmember Bergman said he has a few concerns. First, he asked how long the patch at Redwood Pool would last. There has been some discussion on the need for two pools. He likes the old pool but wonders if staff will be asking for additional improvements in 5 to 10 years or if it will get bulldozed over. He understands there is something about a fence by the pool which will close off the playground area, and he has concern with that. He also asked if it is necessary to have two tennis courts in that area. Councilmember Bergman said Parks and Recreation Advisory Committee Member Sullivan and he visited three neighboring senior centers and he visited three more on his own. Eagan’s senior CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 7 center is the smallest but the most beautiful. Apple Valley’s Senior Center is in about the middle as far as size. He understands that reducing the proposed Senior Center expansion from 25,000 square feet to 15,000 square feet reduces the cost by $2 million. He asked what that amount would save the taxpayer. He further voiced concern that the proposed list of projects does not include any money to fix Valleywood Golf Course clubhouse. In 2000, there was money in that fund. There is no money left. Valleywood is broke. He is aware weather, the economy, and the golfing industry have had an impact. However, Valleywood is a major park facility that will need to be addressed later. Mayor Hamann-Roland asked Mr. Ballenger to answer Councilmember Bergman’s question regarding the impact on taxpayers if the bond was reduced by $2 million. Mr. Ballenger said reducing the bond by $2 million spread over the 24 years would equal approximately $80,000. This would result in something less than 2/100 of a percent which would be negligible, or cents on the dollar. Mayor Hamann-Roland asked more specifically how many cents. Mr. Ballenger said without his calculator he is estimating somewhere between 10 and 50 cents. Councilmember Bergman spoke again about finding ways to help Valleywood Golf Course. Because Valleywood can be a revenue generating operation, he wants to find a way to save it. He stated he is a firm believer of letting the public decide, and indicated he will be voting yes this evening. Councilmember Grendahl said she is going to reluctantly agree to send the issue to the voters. First, she commented on the fact that a $5.00 a month tax impact ends up being $1,440.00 over the life of the bond, which is real money. She does not think it is wise to make it an all or nothing decision. She would have preferred multiple questions asking approval of various projects such as the lazy river, the fields, and the Senior Center; similar to what was done with the cemetery and aquatic center questions in 1997. She is also concerned the timing is wrong, based on the current economy, price of gas, and the number of employees being laid off or taking pay cuts. She will vote to send the question to the voters, but believes the Parks and Recreation Advisory Committee has its work cut out in order to get the support it needs. Councilmember Goodwin said Councilmember Grendahl brought up a very good point at a previous meeting when she questioned the need for two pools when many other communities do not even have one pool. Prior to the proposal identified this evening, there were two more expensive options for Redwood Pool: one cost over $2 million and the other was over $600,000. He would not have agreed to either of those options. He believes the $195,000 renovation is a good option because it will likely allow the pool to operate until the next bond referendum. At which time, a future Council can decide what is appropriate. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 8 Councilmember Goodwin agreed with Councilmember Bergman’s comments on the Valleywood Golf Course clubhouse. Valleywood has a 3-1/2 star rating out of 4, which is very good, but the clubhouse is a mess. Councilmember Goodwin said there is hope for the golf course, but it will probably involve a private/public mix in the future. In addition, the consultant that conducted the resident survey indicated the golf course improvements were not supported by the public. He likes having all the projects included under one question because it keeps the City unified. Councilmember Goodwin said we are one City and we are in this thing together. Lastly, he stated he would not recommend downsizing the Senior Center. It might save $.50 a month but the senior population is growing and the additional space is warranted. Councilmember Bergman said he hopes there will be plenty of open house meetings strategically placed throughout the City so everyone can get their questions answered and hear the presentation. He asked staff to share their plans with the Council. Mr. Johnson responded that they intend to have a number of public educational meetings between now and November. They will be at various locations and times. Some will be during the week and some on weekends. He will make sure everyone knows about the meetings. Mr. DeFauw said the Redwood Pool renovation is probably the only part of the package that is short term in nature. The reason being, the Committee was not absolutely certain what should be done with it. This fix buys some time to let future Committees and Councils further investigate the options. On the other hand, the Committee was absolutely certain every square foot of the Senior Center would be utilized, so it made sense to build the entire thing now and save money. Valleywood was the most controversial amongst the Committee. Not that there was not a need, it was the timing of the request. There are currently changes being made which will increase profits. Until the golf course is back on a profitable basis, it did not make sense to ask for dollars for improvements. Most golf courses are operated by private industry. Valleywood tries to operate like private industry, and that is what a private golf course would do. Councilmember Grendahl agreed that we are all one community. However, the reason she suggested splitting the projects up is because several people she has spoken to feel the lazy river is frivolous. She did not want the lazy river to pull down the whole request. Councilmember Erickson suggested the educational meetings inform the public that the aquatic center and future lazy river are not cost items but actually generate revenue for the City. Resolution No. 2007-124 MOTION: of Erickson, seconded by Goodwin, adopting calling for a special election, on November 6, 2007, on the issuance of $14,300,000 in General Obligation Bonds for public park and recreational facilities and approving the language for the ballot question. Councilmember Goodwin said that when Valleywood was built most golf courses were operated by country clubs or municipalities. He agrees it needs to be looked at, but it is a totally separate issue. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 9 Mayor Hamann-Roland said she cannot recall the Council Chambers being as packed for any other issue. She was excited to see the community show up to express their opinions. It is a tough economy, but these improvements also benefit property values. The activities these improvements provide keep kids busy, out of trouble, and connected with one another. They also provide a quality of life that attracts and retains businesses. She thanked the Parks and Recreation Advisory Committee for looking at all the needs, making hard choices, and coming up with a comprehensive package. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Hamann-Roland called a recess at 9:16 p.m. Mayor Hamann-Roland resumed the meeting at 9:26 p.m. CERMAK FIRST ADDITION Ms. Dykes reviewed the request for a vacation of existing drainage and utility easements, rezoning of a single family lot, a preliminary and final plat for Cermak First Addition, and a front yard setback variance. The requests would allow the property owner of 13190 Flagstaff Avenue to purchase approximately 2,300 square feet of the property to south, located at 13200 Flagstaff Avenue. The northern most property is zoned “PD-138/Zone 2” and the property to the south is zoned “R-3”. Code does not allow a single property to lie within two zoning districts. As a result, the applicants are questing the property at 13190 Flagstaff Avenue be rezoned to “R-3”. Both zoning districts require a minimum 11,000 square feet and both have similar setbacks. New drainage and utility easements will be reestablished with the final plat. The variance request would bring the home at 13190 Flagstaff Avenue into compliance. There are no changes to the houses, the request simply allows for a lot line adjustment. No comments were received from the neighborhood or utility companies. The Planning Commission voted unanimously to recommend approval. Mayor Hamann-Roland called the public hearing to order, at 9:30 p.m., to consider the vacation of drainage and utility easements on part of Lot 1, Block 1, and Outlot A, Nordic Woods First Addition; and part of Lot 1, Block 1, Greenleaf Second Addition, and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 9:31 p.m. Resolution No. 2007-125 MOTION: of Erickson, seconded by Grendahl, adopting completing vacation of the drainage and utility easements on part of Lot 1, Block 1, and Outlot A, Nordic Woods First Addition; and part of Lot 1, Block 1, Greenleaf Second Addition, and authorizing filing the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 10 MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading Ordinance No. 815 and passing rezoning part of Lot 1, Block 1, and Outlot A, Nordic Woods First Addition from “PD-138/Zone 2” to “R-3”. Ayes - 5 - Nays - 0. Resolution No. 2007-126 MOTION: of Bergman, seconded by Goodwin, adopting approving the preliminary plat for Cermak First Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-127 MOTION: of Erickson, seconded by Goodwin, adopting approving the final plat of Cermak First Addition, waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a 2-foot front yard setback variance to allow the house on Lot 1, Block 1, Cermak First Addition (13190 Flagstaff Avenue) to be within 28 feet of the front lot line, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. PRAIRIE CROSSING COMMERCIAL 2ND ADDITION Ms. Bodmer reviewed the request by Velmeir Companies on behalf of the Grand St. Paul CVS for a vacation of existing drainage and utility easements on Lot 1, Block 1, Prairie Crossing Commercial and approval of the final plat, development agreement, and planned development agreement for Prairie Crossing Commercial 2nd Addition. The 3.1 acre property is located south of County Road 42 and West of Dove Trail. New drainage and utility easements will be established with the final plat. The sanitary sewer needs to be relocated as well. The City will design and inspect the utilities, but the developer is requesting to install the utilities privately. They will be memorialized as part of the development agreement. Mayor Hamann-Roland called the public hearing to order, at 9:36 p.m., to consider the vacation of drainage and utility easements on Lot 1, Block 1, Prairie Crossing Commercial. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 9:37 p.m. Resolution No. 2007-128 MOTION: of Goodwin, seconded by Erickson,, adopting completing vacation of the drainage and utility easement on Lot 1, Block 1, Prairie Crossing Commercial, and authorizing filing the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. Resolution No. 2007-129 MOTION: of Bergman, seconded by Grendahl, adopting approving the final plat, development agreement, planned development agreement, and CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 11 associated documents for Prairie Crossing Commercial 2nd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. APPLE VALLEY TRANSIT STATION Mr. Lawell said in recent months there has been a lot of discussion regarding the severe overcrowding at the Apple Valley Transit Station. As a result, he wanted to bring the Council and public up to date on this item. The issue was first discussed in 2005 when it became very obvious the Apple Valley Transit Station was overflowing. The transit station is well beyond its capacity. Neighbors are complaining about overflow parking on public streets in nearby neighborhoods, driveways are blocked, it is a safety issue because people cannot see around the parked vehicles in order to safely back out of their driveways, mail delivery has been stopped to homes because mail boxes are blocked by parked vehicles, residents are complaining they cannot find parking places, and some are no longer using public transit because it is no longer convenient or there is no place to park. Obviously, the City wants people to take the bus because it helps ease the congestion on Cedar Avenue. Unfortunately, people are unable to do that due to this issue and an issue at the 157th Street Transit Station. Mr. Lawell said the Metro Transit Division of the Metropolitan Council has taken surveys of vehicles using transit stations. Surveys of the Apple Valley Transit Station consistently show over one-half of the parking spaces are being occupied by vehicles of owners living outside the Transit Taxing District. The Transit Taxing District area was defined in the early 1970s. Properties within its boundaries pay property taxes into the Transit Taxing District. The Cities of Apple Valley, Burnsville, and Rosemount are part of the Transit Taxing District and are served by the Minnesota Valley Transit Authority. Mr. Lawell then presented a map depicting the 2006 survey results showing the property location of park and ride users. The map visibly showed a cluster of users south of Apple Valley. Councilmember Goodwin emphasized that the Transit Taxing District boundaries were set in the early 1970s when hardly anyone lived in Apple Valley. He was astounded the Legislature had not updated the boundaries in over 35 years. Mr. Lawell said on June 14, 2007, the Council directed staff to proceed with implementing a permit parking system in order to help alleviate the overcrowding at the Apple Valley Transit Station. Staff is preparing to make that happen. He presented another map showing the specific area, consisting of 337 parking spaces, where permit parking would be implemented. The map also showed 132 spaces in the parking lot where permits would not be required as well as various locations on nearby streets were parking would be permitted. Some sections of streets will have a parking restriction with no parking from 6:00 a.m. to 9:00 a.m., Monday through Friday. It may be necessary to expand the restriction if problems pop up in other areas. It is the City’s intention to widely distribute this map so riders will be informed as to where they can park. Mr. Lawell then recapped concerns regarding permit parking raised in a letter dated July 6, 2007, from Metropolitan Council Chair Peter Bell. Mr. Bell also wrote that he continues to support and CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 12 advocate for more equitable ways to fund our regional transit system. Mr. Lawell said that is very much at the heart of this issue. If there was additional funding and an ability to run additional buses from the 157th Street Transit Station the issue of overcrowding at the Apple Valley Transit Station would be completely or almost completely resolved. Mr. Lawell said staff has consulted with the City Attorney regarding permit parking. The proposed plan does not preclude use of the station for riders outside of the Transit Taxing District. Mr. Bell’s letter also references that the City was not to adopt any rules or restrictions hindering regional use of the transit station. Mr. Lawell said the Transit Taxing District seems to be a logical definition of the region as it applies to transit service. The Transit Taxing District boundary was set to define where transit was to be provided. Mr. Lawell summarized a letter received from Steven Mielke, City of Lakeville City Administrator. Interestingly, the letter does not claim that the City of Lakeville has funded any part of the Apple Valley Transit Station as previously claimed in a recent letter to the editor. Councilmember Goodwin called attention to the fact that the City of Lakeville, itself, has not claimed it has helped pay for the transit station. If Lakeville had helped fund the transit station it is very likely they would have indicated so in their letter. Mr. Lawell said cities typically do not solely fund major improvements such as highways and transit stations. Most often, communities seek state and federal dollars. In order to receive said funding, cities often ask neighboring cities to write letters of support. In response to a comment in the letter which addresses funding for the transit station and Cedar Avenue improvements in Lakeville, Mr. Lawell said he believes the improvements in Lakeville were advanced because of the transit station project which was underway or proposed in Apple Valley. He said a similar process played out when requesting improvements to Pilot Knob Road. In order to score well on the grant, the 157th Street Transit Station was included in the application. Lakeville requests Apple Valley refrain from implementing permit parking. Mayor Hamann-Roland pointed out that everyone is welcome to park at the 157th Street Transit Station. Mr. Lawell added that the map which is to be distributed to the public has a note on it indicating additional parking is available at the 157th Street Transit Station. The Economic Development Authority (EDA) owns the transit station property. Therefore, a meeting will be scheduled sometime in August for the EDA to formally approve the proposed permit parking system. Mr. Lawell said the next steps include continuing with preparations to implement permit parking, meeting with Metropolitan Council representatives, and meeting with the Cities of Lakeville and Farmington to share information about the proposed parking system. Additional meetings would include key players such as the MVTA, legislators, and the Governor’s office. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 13 Councilmember Grendahl stressed the importance of moving forward with permit parking. The City has been dealing with this issue for three years. She pointed out the City is in receipt of several letters and emails from Apple Valley residents indicating their support of a permit parking system. Councilmember Grendahl explained that the 157th Street Transit Station was built with no funding for services. As Chair of the MVTA Finance Committee, she has received some preliminary numbers which indicate the MVTA is operating at a deficit of $3 million. There is no money for additional services. The cost for an express service to downtown is $100,000. She suggested a solution might be for the Cities of Farmington and Lakeville to ask for their motor vehicle sales tax dollars which are currently going to St. Paul. She was given an estimate that that amount would be approximately $2.3 million. Councilmember Grendahl said when the funding was coming from property taxes, before it came out of the motor vehicle sales tax, Apple Valley residents paid $10 million for its transit facilities, and has never been reimbursed. In addition, recently the City paid $13,000 to help the MVTA pay for a public safety issue at the Palomino Hills Transit Station. So, in addition to the motor vehicle sales tax and the Transit Taxing District tax, the City is paying for additional improvements out of its general fund budget in order to assist with providing transit services. In response to the Metropolitan Council’s letter which indicates they have been supporting and advocating for more equitable ways to fund the regional transit system, Councilmember Grendahl suggested asking them what they have done. Twice she went before the Transportation Advisory Board, who voted to expand the Transit Taxing District to the seven-county metro area. In the end, that went nowhere. Councilmember Goodwin commented on the good working relationships and cooperative efforts Apple Valley and neighboring cities have. A few examples are ALF Ambulance, the joint Drug Task Force, and the joint fire training facility. When the cities work alone, without State intervention, they do very well. He then spoke about how much the Transit Taxing District has changed since the boundaries were originally set. The current boundaries are ridiculous and should be redrawn. Councilmember Erickson said several years ago when the Council started talking about permit parking he was very hesitant. He believed it was an option that should be tried only after other options have been exhausted. At this time, everything else has been tried, and he completely supports pursuing the permit parking. Councilmember Bergman said he also supports the permit parking. He hopes the meetings with key players results in new options that can be implemented prior to the permit parking taking effect. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 14 Mayor Hamann-Roland said along with the permit parking, she hopes the City, Metropolitan Council, the Governor, and others can get together to find an equitable solution. The 157th Street Transit Station would be utilized if it was possible to get additional funding for buses. As Councilmember Goodwin stated, cooperation between the cities is important. The Dakota Communications Center is another example of that. The City also needs support from the State Legislature. UPONOR EXPANSION Ms. Bodmer reviewed the request by Uponor North America for a site plan review/building permit authorization for a 17,700 square foot addition to the manufacturing area and a 1,700 square foot addition to the resin receiving area. The property is located at 5925 – 148th Street W. The existing parking lot will be relocated to the east and the parking lot north of Everest Avenue will also be relocated for a new dock maneuvering area. Uponor currently has a License to Encroach Agreement to place the parking lot over the drainage and utility easement. That encroachment agreement will need to be amended for the maneuvering area. Staff had concerns about being able to see the dock doors when traveling on 148th Street. The Planning Commission recommended the petitioner work with staff on this item. If the petitioner is unable to demonstrate the landscaping and berming properly screen the doors, a wall will need to be constructed. Ms. Bodmer then reviewed the elevation drawings. The petitioner is proposing individual screens for the mechanical units instead of a solid screen. The petitioner indicates the solid screen requires many roof penetrations. Again, the Planning Commission recommended the petitioner work with staff. Ms. Bodmer noted the individual screens will be fully screened with the next phase. At that time, a parapet wall will be added as a permanent screen. Mayor Hamann-Roland said it is a tough economy right now and it is wonderful to have this expansion and additional jobs in the community. Resolution No. 2007-130 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of a 17,700 square foot manufacturing addition and a 1,700 square foot resin receiving addition on Lot 1, Block 1, Wirsbo Third Addition (5925 – 148th Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. DOG DAY GETAWAY AMENDED CONDITIONAL USE PERMIT Ms. Bodmer reviewed the request by Dog Day Getaway to amend an existing Conditional Use Permit to allow for an increase in the maximum capacity of the dog daycare facility from 35 to 80 dogs. The property is located at 6950 – 146th Street W. The Conditional Use Permit for the outdoor pet relief area placed a maximum capacity at the facility of 35 dogs. A waste water CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 15 engineer with Bonestroo reviewed the design of the relief area and indicated it should be able to accommodate the additional dogs provided the area continues to be maintained daily. Resolution No. 2007-131 MOTION: of Goodwin, seconded by Bergman, adopting amending the Conditional Use Permit for outdoor relief area in conjunction with dog daycare use on Lot 2, Block 1, Apple Valley Business Center, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COBBLESTONE LAKE COMMERCIAL SIGN AMENDMENT Mr. Lovelace reviewed the request by Ryan Companies to amend Section A28-6 of “PD-703” to allow for an increase in square footage for the anchor/center sign in the Cobblestone Lake Commercial development. Cobblestone Lake Commercial is a 25-acre site located at the southeast corner of Pilot Knob Road and 155th Street. Plans include a Super Target, a bank, and two restaurants. The Council reviewed the master sign plan on February 22, 2007. Concerns were raised about the petitioner not meeting the maximum allowable sign area of 180 square feet. At that time, Ryan indicated they would go back to Target for approval of a sign that would meet the requirements. The petitioner indicated Target was unwilling to relinquish any sign area. Therefore, they are requesting an amendment to the master sign plan. If the petitioner is allowed to increase the anchor sign to 312 square feet, they stated they will not ask for a second pylon sign, for which they would have been eligible, or for any advertising on the ground signs. Mr. Lovelace said this request requires an ordinance change, and that is why there is also a public hearing this evening. Councilmember Erickson said he found it interesting Target did not find Apple Valley’s ordinance acceptable. He asked what impact this may have on other businesses and if staff can anticipate similar requests. Mr. Lovelace said if other businesses locate along Pilot Knob Road, there may be additional requests. Councilmember Grendahl noted the request is to accommodate the three additional tenants. What if they end up having ten tenants? Mr. Lovelace said the three additional signs are for the bank and two restaurants only. Mayor Hamann-Roland called the public hearing to order, at 10:26 p.m., to consider the ordinance amendment to Section A28-6 of Planned Development No. 703, allowing for an increase in the anchor/center signage from 180 square feet to 312 square feet. The Mayor asked for questions or comments from the Council and the public. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 16 Mr. Alan Kohls, 15634 Early Bird Circle, said he attended all the meetings and hearings in reference to Target and this development. He believes the proposed signage reflects the neighborhood and is architecturally pleasing. The Mayor asked for additional questions or comments from the Council and the public. Hearing no others, the hearing was declared closed at 10:30 p.m. MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading Ordinance No. 816, and passing amending City Code Section A28-6 of Planned Development No. 703 to allow an increase in the anchor/center signage to 312 square feet. Ayes - 4 - Nays - 1 (Erickson). ORDINANCE AMENDING STATE BUILDING CODE Mr. Heuer said staff is requesting the Council amend Chapter 150, Section 150.01, of the City Code so it references the 2007 State Building Code, which the State adopted on July 10, 2007. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 817, and passing amending Section 150.01 of the City Code to reference the 2007 State Building Code. Ayes - 5 - Nays - 0. ORDINANCE AMENDING FORESTRY Mr. Heuer reviewed the Natural Resources Coordinator’s memo regarding amendments to Chapter 152 of the City Code, as it pertains to emerald ash borer. Currently, there are no known infestations within Apple Valley. The amendment is a proactive measure for dealing with ash trees and emerald ash borer. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 818, and passing Chapter 152 of the City Code, Sections 152.40, 152.43, and 152.45 to include emerald ash borer. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Mayor Hamann-Roland commended staff for its efforts in preparing the Continuity of Operations (COOP) Plan. This week she and staff performed a table top exercise to assist in planning for a possible pandemic event. Dave Gisch from Dakota County commended the City’s plan and preparedness. She thanked staff for a job well done. Councilmember Grendahl congratulated Councilmember Bergman for his leadership and being recognized on the Noise Oversight Committee (NOC). Councilmember Bergman congratulated Councilmember Grendahl on her reappointment as Chair of the Livable Communities Grant Program. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2007 Page 17 CALENDAR OF UPCOMING EVENTS MOTION: of Erickson, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated July 9, 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 June 20, 2007, in the amount of $1,418,731.88; June 27, 2007, in the amount of $2,519,113.66; July 6, 2007, in the amount of $1,109,296.47; and July 11, 2007, in the amount of $12,571,092.35. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:36 o’clock p.m.