Loading...
HomeMy WebLinkAbout10/12/2006 CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 12, 2006, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Goodwin. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Parks Maintenance Superintendent Adamini, Finance Director Ballenger, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Natural Resources Coordinator Kehrer, Acting Community Development Director Lovelace, Police Captain Marben, Human Resources Manager Strauss, Deputy Fire Chief Thompson, and Fire Chief Wassmund. Others present were: Parks and Recreation Advisory Committee Members Defauw, Hegland, Maus, Rankin, and Strom. 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 Bergman, adding items 4.B.2 – Resolution Approving State Gambling Exempt Permit for Sons of the American Legion, Squadron 1776, on November 11, 2006, and 4.Q – Approving Issuance of Temporary On-Sale Liquor License for Apple Valley American Legion, Post 1776, on November 11, 2006, Outdoors at 14521 Granada Drive, and removing item 4.H.1 – Resolution Awarding Contract with Enebak Construction, for Project 06-331, Southeast Trunk Water Main; and approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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 Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda as amended. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Page 2 CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of September 28, 2006, as written. Ayes - 3 - Nays - 0 - Abstain - 1 (Hamann- Roland). Resolution No. 2006-173 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on November 24, 2006, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. Resolution No. 2006-174 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on November 11, 2006, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the 800 MHz Radio Communications Antenna Lease Agreement with Dakota County as attached to the Public Works Director’s memo dated October 12, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving receipt of requests for proposals for banking services for 2007, 2008, and 2009, with an option to extend the agreement for an additional three years. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving release of subdivision financial guarantees for Shepherd of the Valley, as listed in the Community Development Secretary’s memo dated October 4, 2006. Ayes - 4 - Nays - 0. Resolution No. 2006-175 MOTION: of Bergman, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on November 9, 2006, to consider vacating drainage and utility easements on Lot 1, Block 5, Greenleaf Second Addition. Ayes - 4 - Nays - 0. Resolution No. 2006-176 MOTION: of Bergman, seconded by Goodwin, adopting approving a Conditional Use Permit to allow a 90-foot tall monopole communications tower on Lot 1, Block 1, Valley Business Park 2nd Addition (14898 Energy Way), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2006-177 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Kelley Park Fountains and Related Equipment to Flair CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Page 3 Contracting, Inc., the low bidder, in the total amount of $80,350.00. Ayes - 4 - Nays - 0. Resolution No. 2006-178 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Project 04-269, Quarry Point 1.5 MG Water Storage Reservoir, to LandMark Structures, the low bidder, in the amount of $1,940,000.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 4 to the contract with Three Rivers Construction, Inc., for Project 03-219, Diamond Gates Utility and Street Improvements, in the amount of $14,480.08. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 98-371, Valley Oaks Estates Utilities and Street Improvements, as final and authorizing final payment on the contract with Erickson Contracting, Inc., in the amount of $85,884.90. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 02-214, Dahle Oaks Utilities and Streets, and Project 03-228, Wensmann 13th Addition Utilities, as final and authorizing final payment on the contract with Ryan Contracting Co., in the amount of $6,477.01. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 06-319, Southview Reservoir Site Improvements, as final and authorizing final payment on the contract with Wickenhauser Excavating, Inc., in the amount of $47,500.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 05-300, Well Pump No.’s 6, 11, & HZP3 Maintenance, as final and authorizing final payment on the contract with E. H. Renner & Sons, Inc., in the amount of 42,874.50. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 04-276, Deep Well No. 19, as final and authorizing final payment on the contract with E. H. Renner & Sons, Inc., in the amount of $26,496.76. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the solicitation of interest and expertise for health reimbursement arrangement plan administration and benefits related services. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a City contribution of $750.00 per month towards employee health/dental/life insurances for benefit-eligible employees covered by the Pay and Benefit Plan effective January 1, 2007, as CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Page 4 described in the Human Resources Manager's memo dated October 9, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a City contribution of $750.00 per month towards employee health/dental/life insurances for AFSCME Council 5, Local 479 effective January 1, 2007, as described in the Human Resources Manager's memo dated October 9, 2006, and authorizing the Mayor and City Administrator to sign the necessary documents. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the appointment of Daniel Engel to the position of District Chief for Fire Station 2, as described in the Fire Chief’s memo dated October 12, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the part-time and seasonal employees, as listed in the Personnel Report dated October 12, 2006. Ayes - 4 - Nays - 0. Resolution No. 2006-179 MOTION: of Bergman, seconded by Goodwin, adopting appointing individuals listed in the resolution to serve as judges for the General Election to be held on November 7, 2006, in the City. Ayes - 4 - 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 a tent outdoors, at 14521 Granada Drive, valid on November 11, 2006. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICERS FRENCH, SMITH, AND STRAUMANN Police Captain Marben introduced newly hired Police Officers Jacob French, Marcus Smith, and Travis Straumann to the Council. The City Clerk administered the oaths of office to Officers French, Smith, and Straumann. Police Chief Johnson then presented them with their badges. The Council congratulated Officers French, Smith, and Straumann and welcomed them to their new positions. JANET SCHATZLEIN DAY PROCLAMATION Fire Chief Wassmund and Deputy Chief Thompson thanked Janet Schatzlein for her many contributions to the Fire Department. Mayor Hamann-Roland read a proclamation, proclaiming October 15, 2006, as “Janet Schatzlein Day”, and noting Ms. Schatzlein has been a pioneer in firefighting in Apple Valley and across the state. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Page 5 MOTION: of Erickson, seconded by Goodwin, proclaiming October 15, 2006, as “Janet Schatzlein Day”. Ayes - 4 - Nays - 0. The Council thanked Ms. Schatzlein for 25 years of service to the City and congratulated her on her retirement from the Fire Department. ALIMAGNET PARK DISC GOLF COURSE Mr. Russ Defauw, Chair of the Parks and Recreation Advisory Committee, said a disc golf course was added to Alimagnet Park in 2005. Since that time, neighbors in the area have expressed various concerns. The Parks and Recreation Advisory Committee held a public meeting on September 19, 2006, to hear comments from the neighbors and disc golf players. He described concerns brought forth at the meeting. As a result, the Parks and Recreation Advisory Committee is recommending a number of modifications to the disc golf course at Alimagnet Park to lessen the environmental impact. Mr. Defauw said it can be difficult to manage the balance of preserving the natural resources while providing recreation activities, because humans leave a “footprint”. The residents estimate approximately 700 to 1,000 disc golf players are using the park per week, while City staff estimates the number is closer to 350 to 1,000 players a week. In addition to the recommended modifications, the Committee and staff are going to work very hard at improving human behavior issues. Councilmember Erickson thanked the Parks and Recreation Advisory Committee for their efforts in regard to this issue. He noted Alimagnet Park is 85 acres and is a significant community park. The modifications presented seem reasonable and should help resolve several of the issues. He is comfortable knowing the Committee will review the situation again next year. Mr. Defauw said because the park is somewhat secluded it has had a troubled history and has been a hangout for undesirable activities. Staff has indicated they have seen more positive activities since disc golf was added to the park. Mayor Hamann-Roland agreed it is much better to have positive activities going on at the park. Councilmember Bergman said a resident suggested the Parks and Recreation Advisory Committee hold its meetings in the Council Chambers so they may be televised for the public. Mr. Defauw said typically their Committee meetings are uneventful. He will ask staff to look into it. He is not sure if the cost of televising the meetings would be worthwhile to the taxpayers. Mr. Adamini said he recently toured a number of local disc golf courses in order to compare them to the one at Alimagnet Park. There are some nicks in the trees at Alimagnet Park, but the forest is not in peril. With the improvements identified in the packet as well as a few other changes, he believes he can make Alimagnet Park disc golf course more environmentally sound and aesthetically pleasing. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Page 6 Mr. Kehrer talked about the health of the trees during his visits to the course. He stated the erosion and soil compaction are similar to other parks with heavy foot traffic. He suggested moving a couple of holes and the use of a plastic snow fence around trees near the fairway. Councilmember Bergman asked if other disc golf courses have experienced tree loss, what species of trees are at Valleywood Golf Course, and if Valleywood has suffered tree damage or loss as a result of golf balls hitting the trees. Mr. Kehrer said he has not seen or heard of any long-term damage to the trees in other disc golf parks. The tree species in Valleywood Golf Course and Alimagnet Park are similar. He has inspected the trees at Valleywood for damage. Golf balls make a deeper dent, but there are no known losses due to golf balls. Councilmember Erickson asked how many acres of the 85-acre park are utilized by the disc golf course. Mr. Kehrer said the Soil and Water Conservation District indicates approximately .39 of an acre is impacted by the disc golf course. Councilmember Goodwin stated he was under the opinion the golf course was placed along what had been an existing hiking path. He questioned if the compaction on the course is a new development. Mr. Kehrer said the trail through Alimagnet Park existed for years. Some of the trails used for cross country skiing are 8- to 10-feet wide. There would have been compaction in these areas prior to the arrival of disc golf. Mr. Adamini noted the width of the path in some areas has increased with disc golf. Councilmember Goodwin asked for the details regarding traffic counts. Mr. Heuer provided information on traffic counts and speeds taken in six locations on four different dates. Based on the studies, the traffic volume in this area is considered moderate. Councilmember Erickson noted the volumes in August 2000 are higher than those taken in September 2006 after the golf course installed. Ms. Sheila Sumner, 8715 – 144th Street Court, stated she gets a lot of cut through traffic due to the lack of entrances to the park. She further stated disc golfers frequently enter her back yard to retrieve discs. On more than one occasion they left the gate open and her dogs got out. In an effort to curb the traffic, she put “No Trespassing” signs up and a padlock on her gate. The gate was pried open. She feels the holes are too close to her home. Players’ voices can be heard from her backyard. She worries her son may hear conversations which are inappropriate. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Page 7 Police Chief Johnson said the Police Department has increased patrol in that area. He encouraged residents to partner with their neighbors to help watch the neighborhood and call the Police Department with any concerns. Mr. Adamini talked about placing fencing and some arborvitae or evergreens in the area for additional disc screening. However, those measures will not stop people from entering the park through private yards. Ms. Betsy Doring, 204 Ridgeview Drive, said she believes group picnics have dropped off since the addition of disc golf and suggested someone look at the records. She expressed concern over possible oak wilt if the trees are damaged. She recommended the City conduct a study on the impact of the woods and parkland. Mr. Defauw responded that he felt part of the reason group picnics may have dropped off is because for a couple of years the gate to Alimagnet Park was locked. Mr. Adamini added that the addition of the new picnic shelter at Redwood Park may also be contributing to the fewer rentals at Alimagnet Park. Mr. Jim Doring, 204 Ridgeview Drive, said the Parks and Recreation Advisory Committee knew nothing about disc golf courses when they started. He does not believe the course is laid out correctly. He said the disc holes are too close to the homes and there needs to be additional buffer. Councilmember Goodwin clarified that staff and the Parks and Recreation Advisory Committee may not have had a lot of prior experience with disc golf courses before they began working on the one in Alimagnet Park; but, the City hired a consultant with quite a bit of experience, and the consultant helped staff design the course. Ms. Tina Rankin, Parks and Recreation Advisory Committee Member, confirmed that the consultant had installed several disc golf courses before working on the one in Apple Valley, and that the consultant and the Parks and Recreation Director had worked on the plans for over a year before they were presented to the Committee. Mr. Bill Gossman, 381 Walnut Lane, said disc golf is primarily played from May through August. The traffic counts were taken before and after those dates; therefore, they do not provide an accurate representation of the disc golf course traffic. He indicated approximately 700 to 1,000 people a week use the park from May through August. He questioned what the park’s capacity is for this sport, and how will the City know when the number of users are exceeding the capacity. Mayor Hamann-Roland asked how many people typically play on a hole at one time. Mr. Adamini said five or six could play at on a hole at one time. With 12 holes, there could be 60 to 75 people on the course at any given time. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Page 8 Councilmember Goodwin said 1,000 people a week equals approximately 143 people each day. When that is divided by the 8 or 10 hours the park is open each day, that is not a lot of people. He agreed the traffic counts were not representative of the peak season and suggested new counts be taken next summer. Mr. Defauw said if interest in the sport continues to grow and if a park bond referendum is passed, the Parks and Recreation Advisory Committee will look at installing another disc golf course. In addition, Mr. Johnson and he have contacted Dakota County about a potential course in Lebanon Hills Regional Park. Mayor Hamann-Roland said she would like to know the benchmark for capacity at Alimagnet Park. Councilmember Bergman suggested checking with surrounding courses to learn if they have established a benchmark for capacity, as well as solutions for protecting its woodlands. Mayor Hamann-Roland spoke of the importance of balancing the issues as well as the value of providing opportunities to help Apple Valley citizens stay active. She noted there were a significant number of proposed modifications which should help resolve some of the concerns. The Parks and Recreation Advisory Committee will review how well the solutions worked next year. Mr. MacGregor Grier, 216 Edgewood Lane, said he started using the park two years ago. He sees families and people of all ages using the disc golf course. He said he enjoys using the park in a variety of ways and he feels the addition of the disc golf course is a wonderful thing. Councilmember Bergman said he received a comment from a father who uses the park with his three children. He indicated the disc golf players have always been very courteous and complimented the City on how well the park is maintained. Councilmember Goodwin directed staff to take additional traffic counts next June, July, and August. He also asked for a count of people using the disc golf course. He said staff may need to look at adding an additional public entrance as well as some sort of permanent fencing near holes two and three. The Council discussed the length and types of traffic and people counts which should be taken and agreed staff should use their judgment in getting representative counts of both during the months of June, July, and August. Mr. Erickson asked how long it would be before the improvements would be implemented. Mr. Adamini said some things may be able to be done this fall. The remainder can be done as soon as the aquatic center is up and going next spring. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Page 9 Mayor Hamann-Roland read the modifications suggested in Parks and Recreation Director Johnson’s memo dated September 25, 2006. Mr. Adamini suggested steps be added to Hole #9 and guards be placed around trees as necessary. MOTION: of Goodwin, seconded by Bergman, approving the modifications to the Alimagnet Park disc golf course as described in the Parks and Recreations Directors memo dated September 25, 2006, and additional improvements as identified by the Park Maintenance Superintendent. Ayes - 4 - Nays - 0. BIOSCIENCE ZONE PROGRAM Mr. Lovelace said the Counties of Dakota and Goodhue and working together to submit an application to the Minnesota Department of Employment and Economic Development (DEED) for consideration of a Bioscience Zone designation. The Bioscience Zone program is an economic tool which provides tax exemptions and credits to biotech and health sciences business. There were five properties in Apple Valley that met the criteria for inclusion on the application. Two property owners opted not to participate in the program. Venstar Corporation, Fischer Market Place, LLC, and Legacy Holdings have agreed to be included in the application. Resolution No. 2006-180 MOTION: of Goodwin, seconded by Erickson, adopting approving participation in the Dakota and Goodhue Counties Bioscience Zone Program application; and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 4 - Nays - 0. Mr. Ed Kearney, Apple Valley Chamber of Commerce President, said Chamber members are excited about the opportunity to become involved in the Bioscience Zone Program. Apple Valley is strategically located between the University of Minnesota, Mayo Clinic, and several key businesses. Bioscience businesses would be a good fit and bring head of household jobs to the City. COUNCIL COMMUNICATIONS Mayor Hamann-Roland thanked the employees for their efforts in the successful fall clean up day last Saturday. CALENDAR OF UPCOMING EVENTS MOTION: of Erickson, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated October 9, 2006, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2006 Page 10 CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated October 4, 2006, in the amount of $7,817,539.10; and October 12, 2006, in the amount of $3,064,228.87. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:06 o’clock p.m.