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HomeMy WebLinkAbout05/28/2009 CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 28th, 2009, at 8 00 o'clock p.m., at Apple Valley Municipal Center PRESENT Mayor Hamann-Roland, Councilmembers Bergman, Goodwin, Grendahl, and LaComb ABSENT None City staff members present were City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Building Official Aden, Public Works Director Blomstrom, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant City Administrator Grawe, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, Human Resources Manager Strauss, and Fire Chief Thompson. Others present: Dakota County Commissioner Branning. 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 Dan Claseman, Pat Hlas, and Wally Kalsow from Troop 205, and Girl Scouts Kayla Berntsen, Sarah Brunsvold, Kelley Polum, and Tazia Volker APPROVAL OF AGENDA MOTION of LaComb, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes - 5 -Nays - 0 AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Grendahl requested item 4.I be moved to the regular agenda. MOTION of Goodwin, seconded by LaComb, moving consideration of item 4.I -Resolution Authorizing Preparation of Plans and Specifications for AV Project 2009-108, Falcon Ridge Middle School Rain Garden Improvements, to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 -Nays - 0 CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 2 MOTION of Goodwin, seconded by LaComb, approving the minutes of the regular meeting of May 14, 2009, as written. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2009-68 accepting, with thanks, the donation of $100, from Laurie Melagrano, towards a tree in Kelley Park. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2009-69 establishing parking restrictions on or near the parade route for the July 4, 2009, Apple Valley Freedom Days parade, beginning at 6 00 p.m. July 3, 2009, and ending at 1 00 p.m. on July 4, 2009 Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2009-70 amending the 2007 Surface Water Management Plan. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, approving the Joint Powers Agreement with the City of Burnsville for Water Quality Projects in Keller Lake and Lac Lavon from January 1, 2009, through December 31, 2011, as attached to the Natural Resources Coordinator's memo dated May 28, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, approving the Intergovernmental Agreement with the Metropolitan Council for the 2009 Citizen Assisted Lake Monitoring Program (CAMP) on Cobblestone Lake, Farquar Lake, Long Lake, and Scout Lake, as attached to the Natural Resources Coordinator's memo dated May 28, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays -0 MOTION of Goodwin, seconded by LaComb, approving release of the financial guarantee for Augustana Health Care Center NRMP, as listed in the Community Development Department Assistant's memo dated May 28, 2009 Ayes - 5 -Nays -0 MOTION of Goodwin, seconded by LaComb, amending the Joint Powers Agreement with Dakota County for traffic signal maintenance, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, approving the Contract with the Center for Energy and Environment for the Economic Stimulus Funding Grant Application, in an amount not to exceed $5,100 00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 3 MOTION of Goodwin, seconded by LaComb, approving the Agreement for Security System and Monrtormg, Fire Alarm Monrtormg, and Card Reader System at Hayes Community and Senior Center with Trans-Alarm, Inc , in the amount of $5,742.16, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 - Nays - 0 MOTION of Goodwin, seconded by LaComb, approving Change Order No 4 to the contract with Ebert Construction, for Quarry Point Athletic Complex, in the amount of an additional $9,332.33 Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, approving Change Order No 1 to the agreement with Shank Contractors, Inc , in the amount of an additional $2,210 00, and accepting AV Project 2009-110, Water Treatment Plant Filter Wash Trough Modifications as complete and authorizing final payment in the amount of $50,610 00 Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, approving the revised Tipping Policy as attached to the Human Resources Manager's memo dated May 22, 2009 Ayes - 5 - Nays - 0 MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2009-71 approving the Administrative Services Agreement with ICMA-Retirement Corporation, as attached to the Human Resources Manager's memo dated May 21, 2009, and authorizing execution of the necessary documents. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, approving hiring the seasonal employees and resignation of employee, as listed in the Personnel Report dated May 28, 2009 Ayes - 5 -Nays - 0 END OF CONSENT AGENDA FALCON RIDGE MIDDLE SCHOOL RAIN GARDEN Councilmember Grendahl asked how much the Falcon Ridge Middle School rain garden project is expected to cost. Mr Blomstom said the estimated cost is $100,000 to $120,000 He added that a grant from the Vermillion River Watershed has been secured for $60,000 of that amount. The remaining portion is included in the City's 2009 Operating Budget. MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2009-72 directing the City Engineer to prepare plans and specifications for AV Project 2009-108, Falcon Ridge Middle School Rain Garden Improvements. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 4 GIRL SCOUT CERTIFICATES OF COMMENDATION The City Council recognized Apple Valley Girl Scouts Kayla Berntsen, Sarah Brunsvold, Kelley Polum, Tazia Volker, and Amanda Westlie for earning the Girl Scout Gold Award, the highest award in Girl Scouting. The Mayor presented Kayla Berntsen, Sarah Brunsvold, Kelley Polum, and Tazia Volker with Certificates of Commendation in recognition of their accomplishments Ms. Weslie was unable to attend the recognition, so her certificate will be mailed to her BUS RAPID TRANSIT UPDATE Mr Nordquist said staff and the County wanted to update the Council and the public on recent developments with Bus Rapid Transit (BRT) He added that BRT will be operational by the end of the year He then introduced Dakota County Transit Specialist Sam O'Connell. Ms. O'Connell stated the presentation will cover some of the positive aspects of Bus Rapid Transit as well as explain what it is and how it will help the Cedar Avenue Corridor She reviewed the anticipated growth of Dakota County communities through 2030 One of the growing pains of that growth is the reduced travel speeds and functionality of Cedar Avenue Several intersections on Cedar Avenue are approaching capacity It is expected travel volumes will exceed the region's acceptable congestion threshold in 2011 Her update included a summary of possible solutions for the future, the importance of Cedar Avenue to Dakota County, the history of the Cedar Avenue Transitway, and key findings of the Alternative Analysis. Mayor Hamann-Roland noted that the Chamber of Commerce has been actively involved m this process and has provided valuable input to the County and the City Ms. O'Connell added that Dakota County received valuable feedback at a workshop with businesses a couple weeks ago when they talked about construction sequencing. She said Mr Kearney has been very helpful in facilitating those meetings. She went on to explain what BRT is, who will ride rt, where rt is running, and what other communities have done with it. She listed the benefits and positive economic impacts of BRT, and talked about the new travel options within the Cedar Avenue Corridor and the goal of promoting the good life in Apple Valley She explained why this project is important and what the Cities of Eagan and Lakeville are planning m connection with their stations. Ms. O'Connell reviewed the Project Plans for 2008 - 2009 and 2010 - 2015, noting express service to Lakeville will begin in 2009 The BRT buses coming from Lakeville will stop in Apple Valley The bus land/roadway construction will take place beginning Fa112010 and is projected for completion in 2012 She closed by explaining why the BRT Implementation Plan needed to be updated. Mr Rick Nau, of URS Corporation, said his firm is working with Dakota County on updating the Implementation Plan. Their scope of work will include the ongoing coordination and engagement with communities in the corridor Their focus will be on engaging the business community and making sure the project fits in with the business plan for the corridor They will revisit the transit demand now that the regional transit plan is in place They will then update the CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 5 operations and fleet plan. Mr Nau covered the facility evaluation, corridor integration, transitway enhancements, the Financial/Implementation Plan, and the project schedule. Councilmember Bergman commented about the regional transitways. He suggested the key players work together and look at bringing the rail system that will run from St. Paul to the City of Northfield to Apple Valley It would be beneficial to Apple Valley and help the Mixed Business Campus that is being proposed in the 2030 Comprehensive Plan. He thinks BRT is fabulous but felt this message needed to be heard by the parties present this evening. Mayor Hamann-Roland said Mr Nordquist, Commissioner Branning, and she have been party to conversations regarding high speed rail. They learned it is going to travel along existing lines because it is most practical and economical. However, there can be connections in Apple Valley to locations such as St. Paul, the Mall of America, and the airport. She agreed that the City needs to keep on top of the regional transitways. 2030 COMPREHENSIVE PLAN Mr Nordquist said the Planning Commission has completed its work on the Draft 2030 Comprehensive Plan and it is ready to submit to the Metropolitan Council. The Plan will provide the framework for 2030 economic development. Mr Brad Scheib of Hoisington Koegler Group, Inc., thanked the Planning Commission and staff for their help m shaping the direction, dialogue, and story within the plan. He presented a PowerPomt presentation which provided an overview, addressed key changes, and summarized the content of the Draft 2030 Comprehensive Plan. There are 11 keys. Keys are the elements that when put together guide the community The keys are Sustainabilrty, Livability, Business Oriented, Employment Focused, Safe, Play and Preserve, Healthy and Active, Accessible, Successful Downtown, Learning, and Service He said the keys are critical. He noted there are a number of new chapters and covered key points in them. The ten chapters of the 2030 Comprehensive Plan are Introduction, Vision for Apple Valley, Community Context, Land Use, Housing, Economic Development, Parks & Active Living, Transportation, Utilities, and Using the Plan. The Plan is a structure or framework for dialogue and the blueprint to achieve the vision and a common goal. Mr Scheib said they have worked on the Plan over one and one-half years. The Planning Commission has labored over rt. The public has had an extensive number of opportunities to provide input including the public hearings on May 6 and May 20, 2009 If the Council approves the Draft Plan this evening, it will be submitted to the Metropolitan Council. They will review rt for regional consistency Mayor Hamann-Roland noted members of the Planning Department also took comments from the public at the Home and Garden Show as well as other touch points. The Plan is dynamic and rt is important for the City to keep in touch with what is happening in the market place and m the world in order to be as effective as possible in the Comprehensive Plan. CITY OF APPLE VALLEY Dakota County, Minnesota May 2$, 2009 Page 6 Mr Nordquist stated a significant amount of work has gone on with the Fischer mining property owners. He added that Mr Fischer recently indicated a willingness to collaborate on the Mixed Business Campus (MBC) designation. Mr Nordquist presented demographic data as forecasted in 2030 He noted that the 3 million square feet of office, commercial, industrial, and warehouse uses, and 2,260 housing units as reflected in the Alternative Urban Areawide Review (AUAR) completed by Fischer in 2007 are very similar numbers to those reflected in the City's model m the analysis completed by Hoisington Koegler He recapped the history of communications with the Fischers and their representatives. The property owner's number one concern is the need for flexibility He said the Fischers are supporters of the Mixed Business Campus and he thanked Mr Fischer for being a willing partner Mr Nordquist then reviewed the items that were being discussed. There are approximately 200 to 210 acres for development, or 2.7 to 3.2 million square feet. The City's model seeks approximately 55% m single and multi-tenant, office, and light industrial, 20% in healthcare, clinics, and training; 20% in medium density housing; and the 5% in retail. The City is interested in exploring the health care option. Equally important to Mr Fischer is having housing options integrated into the area. The number of~obs created in this model ranges from 7,600 to 9,300 He then reviewed other items upon which they both agreed. One of the key points they agree on is there should not be housing along County Road 42 He presented a graphic showing key quadrants and the location for housing. Mr Nordquist said the second resolution addresses the property owner's request for flexibility and requires the City revisit in five years the assumptions and proposals for the south central planning area as defined in the 2030 Comprehensive Plan. Mayor Hamann-Roland recognized Jeannine Churchill, the Planning Commission, and staff for their efforts in completing this Plan. Councilmember Bergman asked about the ratios or heights of the buildings in the business campus. Mr Nordquist responded the ratio is a 5 or 6 stories. Councilmember Bergman said he wants varied height buildings to break up the topography Mayor Hamann-Roland said rt is the Council's desire and intent to have that ratio While the economy is poor right now, it is important to have a vision for what we want. Councilmember Grendahl asked if there is any new direction for the Central Village. Mr Nordquist said the Comprehensive Plan stays dedicated to the original vision. If Council directs, staff can look at modifying it. While rt is incredibly difficult to work with lenders m this environment, they have said the concepts being proposed are viable In addition, the Council has CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 7 been receptive and flexible in the various modifications to the plan designs and layout for projects in the Central Village. Councilmember Grendahl said she wants assurances there are not going to be two projects that may be considered failures. The current project has a property owner who indicates he is not a developer The property owners of the Central Village said they were developers and they could not get the project off the ground even with the help of a $2.3 million dollar grant. She is concerned the vision for the Mixed Business Campus will then rely on the Planning staff and the Council. She hopes the project is not doomed before rt starts. Mayor Hamann-Roland reminded things have happened in the Central Village, including the hotel, restaurant, and other businesses. It is a difficult time, yet rt is important the City maintain the opportunity to have head of household fobs. The proposed plan provides the framework for an opportunity to do that. She thanked Mr Fischer for collaborating with the City and giving the City a reasonable amount of time to work towards the goal. In five years, the City can revisit the designation. Mr Nordquist said the City is looking for developments sooner rather than later in the Central Village The completion of the transit facility and bus operations are going to be paradigm changing in terms of how the development community would look at that area because it is so close to the transit facility If the Council would like staff to consider a new direction, they would be happy to do that. He believes the transit facility will bring new direction. Councilmember Goodwin has many of the same concerns as Councilmember Grendahl He noted that if the City had gone with a more traditional approach in the Central Village, there would be more tax base down there right now If the Central Village had worked, it would have been wonderful, although, he has not given up on it. He commented about the roads. He is also concerned about having two large projects that may not move forward. He noted the 40 acres of medical mentioned in the presentation earlier in the Cities of Woodbury, Burnsville, and Maple Grove includes a hospital. The City is doing more with economic development every day; and there maybe more staff emphasis in the next budget. If the City goes that way, he would like this project to be a high priority It is important to stay flexible so there is not a repeat of the Central Village. Without a hospital or medical school, 40 acres is a lot of land. Information he gathered from a knowledgeable developer indicates 12 to 15 acres may be a more reasonable amount to be designated for medical. He agrees that flexibility is important. He does not want to loose a great opportunity down the road because the City is stuck on a concept that may or may not work. Councilmember Bergman also wants flexibility He said it is great news to hear the senior complex across from Enjoy! is going to be built. He hopes that is the trend. He does not want another big project to fail because its plan is set in stone Mayor Hamann-Roland reminded that the Council was flexible and approved a variety of changes to the Central Village plan. She met with the property owner and his representatives and heard their message and concern for flexibility She wants to do what is going to work. She CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 8 wants a plan the Fischers will be proud of and one that will be good for Apple Valley By working together, she is hopeful the result will be a project of which both sides will be really proud. Councilmember LaComb said the Council is being rather harsh on itself. The Council took the best plan at that economic time, and found out nothing is guaranteed. Nothing is guaranteed about the plan the Council is currently looking at either The Council can only project what it has some experience in doing. She sees that flexibility has been added to the plan. There is also a partnership that has been formed which makes it more plausible to vote for rt. She is not willing to move forward without vision, and she is hopeful the vision of this plan will work. However, if rt does not work, there is the option to revisit the plan. Mr Tony Gleekle, of Siegel Brill Greupner Duffy & Foster, P.A., said he represents the Fischer family on this Mixed Business Campus. There has been a lot of dialogue in the last 60 days. The concerns with the site have to do with the economy, but have more to do with access and other issues. They were originally concerned with some of the land uses and percentages of uses on the site. They still have some concerns, but feel the flexibility driven into the plan works. There is an opportunity here because the land is not yet ready to be developed. They appreciate the additional residential, which is consistent with the AUAR. The retail also allows them some flexibility Their mayor concern is access to the site. They believe a corporate headquarters or major density will be difficult. However, now there is a vision and an opportunity to take this plan and work with the City to pursue grants. The time while the site is still being mined can be used to come up with potential opportunities to increase access or connections to the BRT They appreciate the City's response and good communications with staff, the Mayor, and Mr Sheib The guide plan is not perfect, but the concepts were embraced. They will be at the public hearing for the zoning ordinance to submit information and ideas. They support the resolutions and think that revisiting the plan in five years is a great idea and makes the Fischers comfortable Job creation and density is positive for the land owner because it means higher land values. They have concerns, but are willing to work as a team and work through the concerns. Mr Peter Fischer, of Fischer Sand & Aggregate, said over the last one and one-half years he has resisted the proposed plan. He decided there is a better way He will compromise with the City and become the City's partner He will collaborate with the City on this issue In return, he asked the City provide enough flexibility so both parties can do what is necessary if the plan does not work as well as both would like. Neither the City nor he wants to see a tract of land this large not develop in a timely fashion. He believes cooperation can make this work. He appreciates the efforts of the staff and the Council's input on this issue. Mayor Hamann-Roland thanked Mr Fischer for his partnership and the affirmation. She went on to say the Council wants to do what is best for the City and for Fischers. MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2009-73 approving the Final Draft of the 2030 Comprehensive Plan and authorizing submittal to the Metropolitan Council for review Ayes - 4 -Nays - 0 -Abstain - 1 (Grendahl) CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 9 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-74 directing staff to review and update the City Council every five years on certain aspects of development and continued viability of the Mixed Business Campus as set forth in the 2030 Comprehensive Plan. Councilmember Goodwin said if something significant comes up in three or four years, he would like the Council to be flexible enough that rt would revisit the plan at that time Vote was taken on the motion. Ayes - 5 -Nays - 0 WHITE CASTLE Mr Lovelace reviewed the request by White Castle Systems, Inc ,and AVW Company for a Conditional Use Permit and a site plan building permit authorization fora 2,584 square foot building on a 79-acre lot. The property is located at 15101 Cedar Avenue, which was formerly the Boston Market site He reviewed the site plan, access, and drive thru. The Planning Commission had some minor issues with the site. White Castle sent revised plans and a letter today stating they will meet all the conditions and satisfy all the concerns as brought forth by the Planning Commission and staff. The only items left outstanding are the request for a Letter of Understanding regarding the maintenance and service requirements for the sanitary sewer system and a maintenance agreement for the stormwater infiltration system. He then reviewed colored renderings. Councilmember LaComb said rt looks narrow on the north end of the building and asked if there are any concerns regarding safety Mr Lovelace stated the City's traffic consultant reviewed the plan and did not have any outstanding issues. He noted it is necessary to circle the building twice in order to use the drive- thru window, but it will not have an impact on access to parking or the internal circulation patterns. Councilmember LaComb pointed out that circling the building twice creates two times the possibility of someone crossing the driving lane if they are parking and walking into the building. She asked staff to look at rt one more time. Mr Lovelace said he would pass that on to the traffic consultant. Councilmember Bergman asked if Boston Market had the same traffic pattern. Mr Lovelace responded that Boston Market had aone-way traffic pattern, but did not have a drive-thru window CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 10 Councilmember Bergman said he thinks the project is great and commented on how smoothly the project flowed through the channels. MOTION of Grendahl, seconded by Bergman, adopting Resolution No. 2009-75 approving a Conditional Use Permit to allow for construction of a Class II restaurant for White Castle with adrive-thru window on Lot 2, Block 1, Apple Valley Square 3rd Addition (15101 Cedar Avenue), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by Bergman, adopting Resolution No. 2009-76 approving the site plan and authorizing issuance of a building permit fora 2,584 square foot Class II restaurant with adrive-thru wnndow on Lot 2, Block 1, Apple Valley Square 3rd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0 LOCH ADDITION PRELIMINARY PLAT Mr Lovelace reviewed the Planning Commission's recommendation on the preliminary plat of Loch Addition, a 5 91-acre outlot located at the southwest corner of Diamond Path and Dominica Way W The preliminary plat will subdivide an existing outlot into two single family residential lots, with Lot 1 consisting of 2.35 acres and Lot 2 consisting of 3 56 acres. The existing house will be located on Lot 2 The applicant is proposing to construct a house on Lot 1 The new home will have access off of Dominica Way Mr Lovelace stated the agreement included in the packet has not been signed by the Lochs, but should not prohibit approval of the preliminary plat. However, the final plat will not be approved until the agreement is signed. Councilmember Bergman asked the City Attorney's opinion regarding approval of the Preliminary Plat without a signed agreement. Mr Dougherty explained that it is typical to come forward with a Prehmmary Plat that has a number of conditions which will be incorporated into the subdivision agreement. One of the conditions is that they meet the requirements of the subdivision ordinance The agreement has a compensable nature to it provided they are able to show all the easements on the plat. The anticipated agreement will need to be signed before the request for final plat comes back. MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-77 approving the preliminary plat of Loch Addition, Outlot A, Farquar Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 11 ORDINANCE AMENDING BUILDING CODE Mr Aden gave the second reading of the ordinance amending Section 150 O1 of the City Code, regarding Building Code Adopted by Reference, Scope. The proposed change will update the ordinance to reflect the Minnesota Energy Code which will be adopted by the State on June 1, 2009, and is required by State Statute. The Minnesota Energy Code includes a Residential Energy Code, Chapter 1322, and a Commercial Energy Code, Chapter 1323 He noted the average increase to a new home would range from $1,000 00 to $5,000 00 He estimated the cost increase to commercial buildings would be less than 1 percent of the building cost. Mayor Hamann-Roland asked if most builders are including these changes now Mr Aden said some builders are currently including them. Mayor Hamann-Roland pointed out that this is a requirement from the State Mr Aden affirmed, and added that by adopting the amendment, the City may enforce the Code Councilmember Grendahl said in today's environment when people are not even able to build homes, rt is ludicrous to have amendments that add that much more to the cost of a new home MOTION of Bergman, seconded by Goodwin, passing Ordinance No. 860 amending Chapter 150 of the City Code regarding Building Code Adopted by Reference, Scope Ayes - 4 -Nays - 0 -Abstain - 1 (Grendahl) ORDINANCE AMENDING GARBAGE AND RECYCLING COLLECTION Ms. Dykes and Ms. Bodmer gave the second reading of the ordinance amending Chapter 50 of the City Code, regarding garbage and recycling collection. Councilmember Bergman left the meeting at 10.16 p.m. Councilmember Bergman returned at 10 17 p.m. Ms. Dykes reviewed the proposed code amendments. Staff would like the residential hauling district boundaries to be in place within the next month so education can take place throughout the remainder of the year and zoned collection can take place no later than December 31, 2009 She said the Council asked staff to present rate information and find out if there would be a reduction in the rates. The haulers were unwilling to release that information due to the competitive nature of the business. She explained methods staff used to gather information. The results were a wide range of prices. There appears to be an introductory rate. Pncmg is negotiable, and residents should contact their hauler to make sure they are getting the best price. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 12 Mayor Hamann-Roland said at the last meeting Dick's Sanitation indicated they would be providing a reduction m their prices. Ms. Dykes said that was correct. Ms. Bodmer said based on the findings from other cities, staff was not able to confirm the rates would go down. So they sent emails to the five residential haulers and asked them specifically if they would reduce their rates in Apple Valley if the ordinance was changed. One hauler said yes, one said they could not tell because the rate is negotiated, and three did not respond. Councilmember Grendahl asked what hauler indicated they would lower their rates. Ms. Bodmer said it was Dick's Sanitation. Councilmember Goodwin said it is interesting that over the years the haulers have argued they would save time and fuel if the ordinance was changed and they would be willing to pass that along. Now, they are not willing to state whey will pass the savings along. Although there is not much the City can do regarding the rates, the City can encourage its citizens to contact their haulers to negotiate better rates. Mayor Hamann-Roland said there is one hauler who is willing to pass the savings along. Ms. Bodmer said the next step is to establish the district boundaries and explained how that typically happens. She said the City will post information on the Crty's website, publish it in the City newsletter, and send press releases to the newspapers. However, most education will be handled by the haulers in their communications with their customers. Once the boundaries are established, they will be brought back to the Council for final review and approval. Mayor Hamann-Roland noted that if one hauler is willing to reduce their rates and pass the savings along to the residents, the others should be able to do the same She encouraged residents to advocate for themselves. She noted it was the haulers who were asking the City to allow curbside pickup Councilmember Goodwin said as mentioned at the last meeting Apple Valley is the last city to go to curbside pickup With changes in technology, rt is time to move forward. Mayor Hamann-Roland acknowledged it will save fuel and will save the haulers some money Councilmember LaComb agreed rt is probably the time to make this change She recommended staff point out to the haulers their labor costs may go up if they are inundated with phone calls from residents wanting to negotiate prices. It appears the longer a resident's loyalty is to a hauler the more they appear to pay That is not a good policy to have, and once it is discovered, some customers will be changing their hauler Loyalty is not worth paying twice as much to have your garbage hauled away CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 13 MOTION of Goodwin, seconded by Bergman, directing staff to meet with residential haulers to establish daily residential hauling district boundaries. Councilmember LaComb requested staff relay the full extent of what the communication may be between the hauler and the residents once more information comes out and more negotiations have to take place. Vote was taken on the motion. Ayes - 5 -Nays - 0 ORDINANCE AMENDING NATURAL RESOURCES MANAGEMENT Mr Blomstrom gave the first reading of an ordinance amending Chapter 152 of the City Code regarding Natural Resources Management. The majority of changes provide consistency between the City's ordinances, the adopted Surface Water Management Plan, and the Vermillion River Watershed Joint Powers Organization Rules. The four primary changes are 1) modification of the criteria for which a Natural Resources Management Permit is required, 2) inclusion of engineering technical requirements from various documents, 3) changes regarding removal of hazardous trees, and 4) the formalization of protective buffer zone requirements. Councilmember Bergman asked if the ordinance will place more restrictions on Long Lake or Farquar Lake. Mr Blomstrom said the criteria for determining when a Natural Resources Management Permit is required was somewhat vague. He does not believe the ordinance amendments are excessively more applicable to projects then they are currently He described specific changes to the buffer zones. The Council accepted the first reading. The second reading will be June 11, 2009 AMEND 2009 UTILITY RATES Mr Hedberg described the changes to the 2009 utility rates and the billing process for vacant properties and snowbirds as approved at the last meeting. In order to provide consistency, all accounts will be billed base charges during each billing cycle even if there is no water consumption or if the property is unoccupied. In addition, consumption thresholds were adjusted to reflect three-month consumption levels for quarterly billing. Accounts that were billed at the higher thresholds will receive a credit to their account. COUNCIL COMMUNICATIONS Mayor Hamann-Roland reminded residents water restrictions are now in effect. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 2009 Page 14 CALENDAR OF UPCOMING EVENTS MOTION of Bergman, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk's memo dated May 22, 2009, 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 22, 2009, in the amount of $16,887,791 53, and May 28, 2009, m the amount of $5,806,411.28 Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, to adjourn. Ayes - 5 -Nays - 0 The meeting was adjourned at 10 44 o'clock p.m. Respectfully Submitted, P Gar,I2ot~~ Pamela J Gackstetter, City Clerk Approved by the Apple Valley City Council on ~o' ~ 1 dq