Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 8th, 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, Associate Planner Bodmer, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, and Human Resources Manager Strauss.

Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag led by Boy Scout Chris Brachio.

APPROVAL OF AGENDA

MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0.

AUDIENCE

Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one was present to speak.

CONSENT AGENDA

MOTION: of Goodwin, seconded by Bergman, adding setting a special informal meeting to the consent agenda, and approving all items on the consent agenda. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of June 24th, 2004, as written. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-139 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the Apple Valley Chamber of Commerce for use on September 9, 2004, at Valleywood Golf Course, 4851 West 125th Street, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-140 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Firefighters Relief Association for use on September 18, 2004, at Fire Station No. 1, 15000 Hayes Road, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving a revised Subrecipient CDBG Grant Agreement with the Community Housing Development Corporation (CHDC) for Haralson Apartments (formerly Lebanon Valley Place), on Lot 2, Block 1, Legacy of Apple Valley 2nd Addition; as attached to the Community Development Director's memo dated July 2, 2004, and authorizing the City Administrator to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving a License Agreement for Maintaining Park Landscaping in the Cobblestone Lake development with Cobblestone Lake Development, LLC, and Cobblestone Lake Master Association; as attached to the Parks and Recreation Director's memo dated July 2, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving acquisition of four Drainage and Utility Easements in connection with Project 03-240, North Farquar Lake Area Sanitary Sewer Improvements, and authorizing payment of $28,498.75 for the easements, as attached to the City Engineer's memo dated June 21, 2004. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-141 approving plans and specifications for Project 03-240, North Farquar Lake Area Sanitary Sewer Improvements, and authorizing installation by Change Order to the contract for Project 02-214, Dahle Oaks Utility and Street Improvements. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Ryan Contracting Co., for Project 02-214, Dahle Oaks Utility and Street Improvements, in the amount of an additional $118,334.00 for installation of Project 03-240, North Farquar Lake Area Sanitary Sewer Improvements. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with McNamara Contracting, Inc., for Project 03-245, 2004 Street Maintenance Program, in the amount of an additional $88,275.00 for overlay of Western Service Center Parking Lot. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving an Agreement with Earl F. Andersen, Inc., for Playground Equipment and Installation in Summerfield Park, in the amount of $34,892.23, as attached to the Parks and Recreation Director's memo dated July 2, 2004; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving an Agreement with Little Tikes Commercial Play Systems, Inc., for Playground Equipment and Installation in Johnny Cake Ridge Park West, in the amount of $50,000.00, as attached to the Parks and Recreation Director's memo dated July 2, 2004; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving an Agreement with Webber Recreational Design, Inc., for Playground Equipment and Installation in Newell Park, in the amount of $35,000.00, as attached to the Parks and Recreation Director's memo dated July 2, 2004; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, accepting Park Tree Planting as final and authorizing final payment on the contract with North Metro Landscaping, Inc., in the amount of $18,433.00. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, accepting Legacy Park Irrigation and Sod Installation as final and authorizing final payment on the contract with Wagner Sod and Landscaping Company, Inc., in the amount of $24,245.85. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated July 8, 2004. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, setting a special informal City Council meeting, at 7:00 p.m., on July 19, 2004, at the Municipal Center; for the purpose of attending the Vermillion River Watershed information meeting being held at that time. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

NATIONAL NIGHT OUT

Pam Walter, Crime Prevention Specialist, reviewed the agenda of activities planned throughout the City for the 21st annual "National Night Out" on August 3, 2004. She invited everyone to attend a picnic sponsored by the Business Watch program, from 11:00 a.m. to 2:00 p.m., at 15010 Glazier Avenue. Visits by the Police and Fire Departments and Councilmembers to neighborhood events will begin at 5:00 p.m., and continue throughout the evening. Anyone interested in scheduling a neighborhood party should contact her at 952-953-2706.

MOTION: of Erickson, seconded by Grendahl, proclaiming August 3, 2004, as "National Night Out" and encouraging citizens to participate in and support the crime prevention efforts this opportunity offers. Ayes - 5 - Nays - 0.

ORDINANCE AMENDMENTS RELATED TO SWIMMING POOLS

Ms. Bodmer gave another 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 July 1, 2004. Following the second reading, the Council asked for information on options for temporary fencing for temporary pools. Samples were examined but most of this fencing is not allowed in residential areas in the Code. Additionally, installing a self-closing and self-latching gate with temporary fencing is difficult.

As an alternative, language was prepared that defines storable swimming or wading pools and would exempt them from the barrier or fence requirements as long as all means of access to the pool are removed and the pool is covered when unattended. Above-ground pools with walls 48 inches or taller would also not require fencing if means of access, such as ladders or steps, is secured or removed when the pool is unattended or not in use.

Councilmember Goodwin said he was concerned about preventing very small children from getting into pools. Since the last meeting, he looked at different temporary pools and found that generally the soft-sided temporary pools at the 30-inch depth do not even have ladders. The changes proposed requiring removing access and covering the pools address his concerns.

MOTION: of Grendahl, seconded by Erickson, passing Ordinance No. 756 amending City Code Sections 155.003 and 155.352 by defining categories of swimming pools and requiring permanent or temporary pools to be enclosed by a minimum 48-inch high barrier or fence and providing for permits; exempting storable pools from the requirement provided all means of access are removed and the pool is covered when not attended; and requiring storable pools to be disassembled and stored between November 1 and April 1 each year. Ayes - 5 - Nays - 0.

NIGHT-TIME NOISE ISSUES

Councilmember Erickson asked to discuss noise issues resulting during the recent holiday activities. The outdoor music on June 25, 2004, was excessively loud and caused a number of calls to the Police Department. Police Chief Johnson said, in the future, using a decibel meter to gauge the volume of the music should prevent complaints. The direction of the wind and location of loudspeakers will also be considered in controlling the sound. Adequate preparation will be made for future events including enforcing closing time.

The other noise issue related to fireworks whether legal or illegal. Councilmember Erickson said that fireworks continued to be discharged well after midnight on July 4th and the noise caused disruption. He asked to draft an ordinance prohibiting noise from fireworks between 11:00 p.m. and 9:00 a.m. for consideration. The Council concurred and asked the City Attorney to research how to address the problem.

JULY 4TH THANK YOU

Mr. Lawell thanked everyone who helped with and participated in the 4th of July activities and parade; making it a very successful event again.

COMMUNICATIONS & CALENDAR

Councilmember Erickson thanked D. R. Horton Company for sponsoring the "flyover" by T6 Thunder Planes on July 4th.

Councilmember Bergman reminded everyone of the special election for Senate District 37 on July 13, 2004. All polling places will be open from 7:00 a.m. to 8:00 p.m.

Mayor Hamann-Roland congratulated Valleywood Golf Course on receiving a three and one-half star rating by "Golf Digest".

The Council received a memo dated July 2, 2004, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated July 1, 2004, in the amount of $1,440,447.07; and July 8, 2004, in the amount of $815,599.57. Ayes - 5 - Nays - 0.

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

The meeting was adjourned at 8:34 o'clock p.m.