Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 10th, 2004, at 8:00 o'clock p.m., at Apple Valley Municipal Center.

PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl.

ABSENT: None.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Fick, Finance Director Ballenger, Associate Planner Bodmer, Associate Planner Dykes, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse 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, approving the agenda for tonight's meeting as presented. Ayes - 5 - Nays - 0.

AUDIENCE - SMOKING IN RESTAURANTS

Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. Scott Wasilowski, 13255 Findlay Court, asked the Council to address the issue of smoking in restaurants. He asked that the Council consider imposing more restrictions and not wait for the State to act on the matter. He presented packets of information on the subject, that he had gathered from the internet, and asked the Council to consider it.

CONSENT AGENDA

MOTION: of 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 27th, 2004, as written. Ayes - 4 - Nays - 0 (Grendahl Abstained).

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-120 authorizing disposing of bicycles remaining unsold following the auction on May 20, 2004, by giving them to Farmington Lutheran Church. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing issuance of a Temporary On-Sale Liquor License by Minnesota Liquor Control to Apple Valley American Legion Post 1776, for an outdoor area at 14521 Granada Drive, valid on July 4, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving extension of the 2004 Joint Powers Agreement for the Dakota County Drug Task Force, through December 31, 2004, as attached to the Police Chief's memo dated June 7, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a setback variance to allow construction of a covered entryway on a house to within 17 feet of the front lot line on Lot 19, Block 2, Hallwood Highlands (13349 Granada Avenue), as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving reduction of financial guarantees for: AVSUR Acres NRMP, from $1,800.00 to 0; Andy's Market, from $48,235.00 to $5,500.00; Andy's Market NRMP, from $2,000.00 to 0; and ABRA Auto Body, from $40,785.00 to $1,000.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting Fabrication of Metal Fence Sections as final and authorizing final payment on the contract with Dakota Fence of Minnesota, Inc., in the amount of $27,351.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting Painting of New Steel Fence Sections as final and authorizing final payment on the contract with Budget Sandblasting & Painting, Inc., in the amount of $24,990.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-121 authorizing advertising for sealed bids for the Sale of Firewood at Valleywood Golf Course; to be received at 2:00 p.m., on June 29, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-122 awarding a three-year contract for Long-Term Disability Insurance and Short-Term Disability Insurance Claims Administration to National Insurance Services (NIS) of Wisconsin, Inc., the lowest responsible proposal meeting specifications. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the 2004-2005 Labor Agreement with LELS, Local No. 71, Police Officers, as attached to the Human Resources Manager's memo dated June 3, 2004, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated June 10, 2004. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

ROTARY CLUB DONATION

Sharon LaComb, Scott Ramsdale, Terry Merritt, and Clint Hoopaw of the Apple Valley Rotary Club presented a check for $5,990.00 to the City to be used for public art. Mr. Johnson said it will be used to purchase two large concrete apples being designed for Legacy Park. The City will also be purchasing two more of the four-foot high apples. He thanked them for the donation and offered this opportunity as a challenge for any other groups that might be interested in making a donation for parks.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-123 accepting, with thanks, the donation of $5,990.00 from Apple Valley Rotary Club toward the purchase of public art. Ayes - 5 - Nays - 0.

ROTARY CLUB GO-KART GRAND PRIX EVENT

Scott Ramsdale, of the Apple Valley Rotary Club, was present to request to use City streets for a fund-raiser as detailed in the Community Development Director's memo dated June 7, 2004. The event is a supervised go-kart race on September 11, 2004, to raise funds for educational scholarships. This event raised over $40,000 in its first two years. As in the past years, a professional vendor will supervise the event ensuring safety measures are taken and insurance will be provided. The event will begin at 8:00 a.m. and continue until 5:00 p.m. with an awards ceremony. There will be associated banner displays and sales of race memorabilia and refreshments for which they are also requesting approval. Anyone wishing to participate can call (952) 997-9150.

MOTION: of Grendahl, seconded by Goodwin, authorizing closing portions of Flagstaff Avenue, Foliage Avenue, and 147th Street on September 10 and 11, 2004, to allow the Rotary Club to conduct its Go-Kart Grand Prix Event, subject to conditions described in the Community Development Director's memo dated June 7, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing allowing parking on portions of 145th and 146th Streets and Foliage Avenue on September 11, 2004, as described in the Community Development Director's memo dated June 7, 2004. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Erickson, declaring the Go-Kart Grand Prix Event on September 11, 2004, to be a community event and allowing promotional banners, pursuant to City Code Section 154.03(E)(1), as described in the Community Development Director's memo dated June 7, 2004. Ayes - 5 - Nays - 0.

SALE OF CITY-OWNED PROPERTY ADJACENT TO WALLACE PARK

Ms. Dykes reviewed her memo dated June 4, 2004, describing the request of Bart Porter to purchase City-owned property north of 138th Street and west of future Gossamer Way in conjunction with development of the Erickson, Radichel, and Andersen properties. In 1991, the City purchased 4.9 acres of property from Helen Schultz with the intent that 2.7 acres were to be used for park and the remainder to be sold to offset the costs of the land acquisition. Mr. Porter has now submitted two proposals for the site. One is to acquire .93 acres for development of three single family lots and right-of-way for Gossamer Way (leaving approximately four acres for Wallace Park). The other is to acquire 2.1 acres for development of six single family lots, right-of-way for Gossamer Way, and extension of Greenland Avenue (leaving approximately 2.8 acres for Wallace Park). The Park Committee reviewed the request and recommended selling only enough land for three lots abutting Gossamer Way.

Mr. Porter was present and said his preference is to acquire enough land for six lots noting the end of Greenland Avenue is so densely wooded that it is not usable as park. Installing a cul de sac would allow for parking and access to the park and future access to the Radichel property should it ever be needed. Mr. Johnson commented on the Park Committee's recommendation that included a statement that as much land for the park as possible should be retained and kept as a natural area. Wallace Park is neighborhood park and parking is not an issue.

Councilmember Grendahl questioned the size of the park and what determines surplus property. It appears 16 lots are proposed on the surrounding property and completion of Gossamer Way has been an issue. The neighbors would not support extending Greenland as a cul de sac. Mr. Johnson said it is a small park and the City would generally want five acres for a park. When the area was developed, cash in lieu of land dedication was accepted. The area was developed with larger lots and initially it was thought a neighborhood park was not needed. Mr. Dougherty said with property that was acquired like this, it is up to the City to determine what is surplus property and make that declaration.

Councilmember Erickson said if there is a way to do it, he would prefer keeping all of the property for park, but he could accept selling enough land for three lots.

Councilmember Goodwin said the philosophy has been five acres for a neighborhood park and he is not interested in selling six lots. He might consider two shallower lots along Gossamer Way and maximize the amount of land for the park. He asked about determining value on the property. Ms. Dykes said it would be a market value sale and the process of determining value would not begin until a decision is made to sell it. A minimum of 20 feet would be needed along the east end of the site for Gossamer Way right-of-way.

Councilmember Bergman asked if there is a long term need for Greenland Avenue and what would be done with the land if kept for park. Ms. Dykes said with the topography, it might be better to have Greenland as another access for property to the north, but it could probably be developed without it. Mr. Johnson said the playground would be kept on the west end of the park and a nature trail added through the wooded area to Gossamer Way.

Councilmember Erickson asked if there are significant trees on east end of the site that would be lost in development. Mr. Johnson said an inventory has not been done and the area would really need to be walked to look at the topography and trees.

MOTION: of Goodwin, seconded by Grendahl, tabling consideration of the request to sell City-owned property north of 138th Street at future Gossamer Way until June 24, 2004, for information on trees on the east end of the site. Ayes - 5 - Nays - 0.

ORDINANCE AMENDING REFUSE COLLECTION REQUIREMENTS

Ms. Bodmer reviewed her memo dated June 4, 2004, and gave the second reading of an ordinance amending City Code Sections 50.02 and 50.04 regarding refuse collection. The amendment would allow yard waste only to be placed at the curb for collection. All other refuse and recyclables would continue to be collected from a location adjacent to the garage. It would also eliminate the requirement for haulers to report customers who place their containers in a location other than adjacent to the garage to the City. The language was further amended from two previous readings to state that yard waste may not be set out before 6:00 p.m. the night before collection day and that haulers must return empty yard waste containers to the house.

Shelley Madore, of the Urban Affairs Committee, was present and said she is also speaking as a resident and is opposed to allowing collection of any materials at the curb. A campaign has begun to educate homeowners on placement of containers and a change would be more confusing. Since there is not a single day collection system, containers could be at the curb every day of the week within a neighborhood.

Councilmember Bergman asked if there is information on what percent of yard waste is disposed of in containers versus bags. Ron Moening, of Waste Management, was present and said that really cannot be determined because many times during the year homeowners use bags instead of or in addition to the containers.

Councilmember Erickson said he experimented with yard waste bags and did not have a problem with them tearing or tipping. Councilmember Goodwin noted if the change is approved, the education campaign should include information stressing the time limit on the night before collection day when yard waste can be placed at the curb.

Councilmember Bergman said yard waste bags also need to be screened, like containers, if they are stored outside until collection day and that needs to be made clear to homeowners.

MOTION: of Erickson, seconded by Bergman, passing Ordinance No. 751 amending City Code Sections 50.02 and 50.04 by allowing yard waste only to be placed at the curb for collection, no earlier than 6:00 p.m. of the night preceding collection; requiring haulers to return containers to the garage; and eliminating the requirement for haulers to report customers who place their containers in a location other than adjacent to the garage to the City. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, authorizing printing and distribution of an educational brochure on garbage, recycling, and yard waste collection, at an estimated cost of $1,550.00, as described in the Associate Planner's memo dated June 7, 2004. Ayes - 5 - Nays - 0.

ORDINANCE AMENDING HEIGHTS OF WEEDS AND TREE LIMBS

Mr. Lawell reviewed Code Enforcement's memo dated June 7, 2004, and gave the second reading of an ordinance amending City Code Sections 94.36 and 152.44 regarding public nuisances. One amendment would designate weeds and grass in excess of eight inches in height as a nuisance instead of the current language "in excess of ten inches in average height". The second amendment is to clarify that tree limbs may not be less than 13 feet above the surface of a street. He noted that the Council received a report on the notification process used by Code Enforcement at its informal meeting earlier tonight.

Councilmember Erickson suggested that an informational article be included in the newsletter informing residents that the City does trim boulevard trees on a rotational schedule and to contact the City if trimming is needed prior to the scheduled time for their neighborhood.

MOTION: of Goodwin, seconded by Erickson, passing Ordinance No. 752 amending City Code Section 94.36 providing that growth of weeds or grass in excess of eight inches in height is a public nuisance, and amending Section 152.44 by clarifying that tree limbs hanging less than 13 feet above the surface of the street are a public nuisance. Ayes - 5 - Nays - 0.

ELECTRICITY FRANCHISE ORDINANCE

Mr. Heuer gave the first reading of an ordinance granting a new 20-year electricity franchise to Dakota Electric Association as attached to his memo dated June 10, 2004. It would replace the previous franchise, which runs through June 30, 2004. The new franchise defers to the public right-of-way management chapter of the City Code that addresses issues regarding permitting, restoration, inspection regulations, and liability. The new franchise also allows the City to impose a damage fee for unreasonable delay of its contractors by Dakota Electric Association related to right-of-way excavations, facility relocation, restoration, etc. As in the old franchise, provision is made to allow the City to impose a franchise fee by a separate ordinance.

Mr. Heuer said Dakota Electric does have some issues with language regarding imposition of a franchise fee, but he will be meeting with them again and expects to resolve the matter. The Council accepted the first reading. The second reading will be scheduled for June 24, 2004.

ORDINANCE AMENDMENTS RELATED TO SWIMMING POOLS

Mr. Bodmer gave the first reading of an ordinance amending City Code Sections 155.003 and 155.352 regarding swimming pool definitions and fencing requirements as attached to her memo dated June 4, 2004. A swimming pool would be defined as a structure specifically intended for swimming, wading, or recreational bathing (clarifying that it does not apply to decorative landscape ponds) with a minimum depth of 24 inches. The term fence would be replaced with "barrier" and specifically defined with a minimum height requirement of four feet. It would also prohibit locating a swimming pool in an easement.

The Planning Commission held a public hearing on the amendments May 19, 2004, and recommended approval. Among the issues considered was establishing a separate definition for landscape ponds and water landscape features that will be brought forward in a separate ordinance in the future.

Councilmember Bergman asked how the soft-sided temporary pools fit in the ordinance and does a 48-inch deep temporary pool require a four-foot fence. Ms. Bodmer said if a temporary pool, of any design, is more than 24 inches deep, it would require the barrier/fence. He asked if something like the safety netting used for trampolines could be used for the barrier. Ms. Bodmer said she would look into the specifications for it and find out.

The Council accepted the first reading of the ordinance. The second reading will be scheduled for June 24, 2004.

COUNCIL/STAFF GOAL SETTING RETREAT

MOTION: of Goodwin, seconded by Bergman, setting a special informal meeting at the Levee Café, in Hastings, on June 26, 2004, at 9:00 a.m., for the purpose of conducting a goal setting retreat as described in the City Administrator's memo dated June 7, 2004. Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

Councilmember Grendahl noted that Royal Bakke, a former member of the Parks and Recreation Advisory Committee, passed away this week at the age of 94. The Council received a memo dated June 7, 2004, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers dated June 2, 2004, in the amount of $5,169,188.58; and June 10, 2004, in the amount of $5,176,217.62. Ayes - 5 - Nays - 0.

CLOSE MEETING, LABOR NEGOTIATIONS

Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations.

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

The Council convened in the Regent Conference Room at 10:30 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl; Human Resources Manager Strauss, City Administrator Lawell, City Clerk Mueller, Police Chief Johnson and Police Captain Lohse. The meeting was tape recorded as required by law. The Council reconvened in open session at 10:43 p.m.

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

The meeting was adjourned at 10:44 o'clock p.m.