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HomeMy WebLinkAbout10/11/2007 CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 11, 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, Finance Director Ballenger, 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, Community Development Director Nordquist, Human Resources Manager Strauss, and Fire Chief Wassmund. Others present: Parks and Recreation Advisory Committee Chair Defauw, and Parks and Recreation Committee Members Maus and Rankin. 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 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.C be moved to the regular agenda. MOTION: of Bergman, seconded by Grendahl, moving item 4.C - Approve Issuance of Alimagnet Party Permit for Bill Hansen on October 13, 2007, to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 2 CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of September 27, 2007, as written. Ayes - 3 - Nays - 0 - Abstain - 2 (Hamann- Roland and Grendahl). Resolution No. 2007-172 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of $300.00 from Tracy Schuffenhauer for a tree in Cobblestone Lake Park. Ayes - 5 - Nays - 0. Resolution No. 2007-173 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of $1,000.00 from Minnesota Municipal Beverage Association for amenities in Kelley Park. Ayes - 5 - Nays - 0. Resolution No. 2007-174 MOTION: of Bergman, seconded by Grendahl, adopting appointing individuals listed in the resolution to serve as judges for the Special Election to be held on November 6, 2007, in the City. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, authorizing the sale of surplus plows and equipment, via an online auction; and authorizing the Public Works Director to sign the Agreement with K-BID Online Auction for auction services, as attached to the Public Works Supervisor’s memo dated October 11, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for Remodel of House at 7990 132nd Court West with Michael Tutewohl Homes, Inc., in the amount of $18,436.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving release of subdivision financial guarantees for Barton Building; and reduction of financial guarantee for Knottywoods 3rd Addition from 15,000.00 to $4,750.00, as listed in the Community Development Secretary’s memo dated October 11, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a one-foot side yard setback variance to allow construction for a house addition on Lot 1, Block 5, Palomino Hills Lake Shore Addition (453 Reflection Road), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Amendment to Access Restriction Easement on Lot 1, Block 1, Pennock Place Senior Housing (14018 Pennock Avenue) as attached to the Associate City Planner’s memo dated October 11, 2007. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 3 Resolution No. 2007-175 MOTION: of Bergman, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on November 8, 2007, to consider vacating the 136th Street West right of way between Embry Way and Elkwood Drive. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for Holyoke Path Utility Relocation with Minger Construction, Inc., in the amount of $35,515.35, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving canceling the Agreement for 2007 Reconditioning of Hydrants with Herbst Sandblasting, LLC, due to the contractor’s inability to obtain the required bonds. Ayes - 5 - Nays - 0. Resolution No. 2007-176 MOTION: of Bergman, seconded by Grendahl, adopting approving plans and specifications for Project 07-368, Well No’s. 4, 6, 9, and 15, and LZP2 Maintenance; and authorizing advertising for receipt of bids, at 2:00 p.m., on November 1, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 1 to the contract with Enebak Construction Company, for Project 05-311R, Cobblestone Area Streets and Trunk Utilities, in the amount of $88,367.47. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting 2007 Water Management Program for Apple Valley Family Aquatic Center and Redwood Pools as final, and authorizing final payment on the agreement with Hawkins, Inc., in the amount of $51,652.56. Ayes - 5 - Nays - 0. Resolution No. 2007-177 MOTION: of Bergman, seconded by Grendahl, adopting amending the employee Health Care and Dependent Day Care Expense Reimbursement Plan effective January 1, 2008, in conformance with COBRA regulations and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring part-time and seasonal employees, and accepting resignations, as listed in the Personnel Report dated October 11, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, setting a special informal meeting at 6:30 p.m., on October 25, 2007, to discuss development options for Cedar Avenue. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 4 ALIMAGNET PARK DISC GOLF COURSE STUDY Mr. Johnson reviewed his memo regarding the Alimagnet Park disc golf course study. Several departments and agencies assisted in providing various statistics and expertise. The Police Department conducted a crime study and vehicle speed study, and provided extra patrol as well as bike patrol. The Public Works Department conducted a traffic study and vehicle speed study, took traffic counts, and had a traffic engineer review data. The Natural Resources Division conducted an environmental review and regular site visits, as well as coordinated with outside agencies. Dakota County Soil and Water Conservation District and the Minnesota Department of Natural Resources conducted environmental reviews and offered consultation. The Parks Maintenance Division provided extensive park maintenance attention; and the Parks and Recreation Department provided on-site daily staffing, surveyed users, and collected data. He then reviewed changes made to various holes and described improvements made throughout the course. Mr. Johnson said the Parks and Recreation Advisory Committee reviewed the Alimagnet Park disc golf course report at its meeting on September 18, 2007. After a thorough review of the issues, they concluded disc golf is an appropriate activity for the park. It is a free activity enjoyed by a wide range of ages. There has been a decrease in vandalism at the park since disc golf has been added and more people are enjoying the park. The Committee then made a unanimous recommendation that the disc golf course stay in tact for the foreseeable future. Mr. Johnson said staff will continue to monitor the course and take the necessary actions to minimize environmental damage. Mayor Hamann-Roland said she was at the park today to inspect the trees and the trails and thought the park looked great. Councilmember Grendahl said she has concern about mulch being everywhere and has a different opinion as to how great the park looks. She commented about the attendants stating alcohol consumption in the park appeared to be a regular occurrence. According to one of the studies, 18 percent of the disc golf players were from Lakeville. Councilmember Grendahl asked if Lakeville has a disc golf course. Mr. Johnson said he did not think they did. Councilmember Grendahl said Apple Valley is providing a lot of recreational and transit services to other communities. She asked at what point does the City say its taxes are for the people who live in Apple Valley. She then asked if the $28,000 figure was the amount used to make improvements to the disc golf course. Mr. Johnson said that was the approximate amount of money spent studying the disc golf course issue over the past year. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 5 Councilmember Grendahl asked how much money was spent on the trails, mulch, trees, and other improvements related to the disc golf course. Mr. Johnson estimated $10,000. Councilmember Grendahl said she sat in one of the back yards adjacent to the park this summer. During that time, two people entered the property to retrieve their discs. She said she would not want people coming into her back yard; and therefore, does not support this activity at this location. Councilmember Goodwin said Hole No. 4 has been the big issue. According to the report, out of the 803 throws which were charted, four discs went onto private property. He questioned how the discs could end up on private property. Based on where the tee and the basket are, he wondered if the errant discs ricocheted off of trees. Mr. Johnson said that is very likely what happened. He added that staff is proposing to move the Hole No. 4 tee box and basket in order to eliminate any off-target throws. Councilmember Goodwin commented that disc golfers, like regular golfers, try to aim at the hole as accurately as possible in order to keep their score down. With the proposed changes staff is recommending, he guessed it will be almost impossible for discs to end up in the neighboring yards. Mr. Johnson said making the angle to the hole straighter will make the shot easier, which should eliminate discs going on to private property, but that is one of the compromises being made. Councilmember Bergman said he is in favor of disc golf but is not happy with amount of money that has been spent on improving the course. There are other facilities in Apple Valley which also need help. He stated the City of Lakeville is currently designing a disc golf course, and the City of Farmington is looking at building one. Councilmember Bergman believes disc golf, similar to regular golf, is good in that it brings people into the community. He gave kudos to everyone who studied the issue, but believes it is time to put the issue to bed and enjoy it. Councilmember Erickson thanked staff and the Parks and Recreation Advisory Committee for their patience and perseverance in studying this difficult issue. MOTION: of Erickson, seconded by Goodwin, finding disc golf an appropriate use and approving its continuation at Alimagnet Park, as recommended by the Parks and Recreation Advisory Committee. Councilmember Goodwin said disc golf is like regular golf in that there is some trade off. Apple Valley’s course is excellent, but on occasion, Apple Valley residents may play another course. Similarly, disc golf players from other communities may occasionally play our course. He has walked the course at least three times and thinks staff has gone above CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 6 and beyond in its efforts to protect the trees and the park. He believes the disc golf course is a great amenity to the parks system. Mayor Hamann-Roland commented on the importance of having a variety of activities in order to reach a broader spectrum of residents. Councilmember Grendahl said she did not think disc golf should be compared to regular golf, because people pay to play at Valleywood, and non-residents pay a higher fee. She asked if the City receives any money from this course. Mr. Johnson said no. Councilmember Grendahl asked who receives the disc golf league dues. Mr. Johnson said the disc golf league is self organized. He understands that the fee is used to award prizes and fund a picnic at the end of the season. Mayor Hamann-Roland noted the addition of disc golf has had a positive impact by reducing crime in the park. She is also pleased more families are using the park again. Vote was taken on the motion: Ayes - 4 - Nays - 1 (Grendahl). ORDINANCE AMENDING “BP” (BUSINESS PARK) ZONING DISTRICT Mr. Lovelace gave the second reading of a proposed ordinance amendment to the “BP” (Business Park) zoning district. The amendment would allow pet spa or pet daycare operations as a permitted use and outdoor animal relief areas as a conditional use. The amendment was requested by EFH Company, owners of the Pilot Flex Center, because it has a potential renter who would like to lease space for a pet spa/daycare operation, and pet spas/daycares are currently not allowed in a “BP” zoning district. The public hearing was held at the City Council meeting on August 23, 2007. Answers to the questions raised at the public hearing are included with the staff report. The ordinance reflects revisions that were included as a result of the public hearing. It contains conditions and requirements similar to the Dog Day Getaway approval. Councilmember Erickson asked for confirmation that the requirements are similar to those imposed on the current dog daycare. Mr. Lovelace said the requirements and conditions are consistent. Ordinance No. 821 MOTION: of Erickson, seconded by Bergman, passing amending Sections 155.231 and 155.232 of Chapter 155 of the City Code to allow for pet spas and pet daycares as permitted uses and outdoor relief areas as a conditional use, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 7 ORDINANCE AMENDING “RB” (RETAIL BUSINESS) ZONING DISTRICT Ms. Bodmer gave the first reading of a proposed ordinance amendment to the “RB” (Retail Business) zoning district. The amendment would allow a drive-thru window in conjunction with a Class III Neighborhood Restaurant. Class III Neighborhood Restaurants can be located near residential neighborhoods and include sandwich shops, delicatessens, and coffee shops. The owners of East Valley Plaza shopping center would like to have a coffee shop with a drive-thru window. The Planning Commission reviewed their request and determined a drive-thru window at a coffee shop would be an appropriate use and should be allowed in the code. The Planning Commission then directed staff to prepare an ordinance amendment. The conditional uses in the “RB” zoning district would be amended to allow a drive-thru window at a Class III restaurant provided three conditions are met. Ms. Bodmer reviewed the conditions. The Planning Commission held a public hearing on September 5, 2007, and three concerns were raised: 1) the potential increase in traffic at East Valley Plaza Shopping Center; 2) the risk of setting a precedent throughout the City; and 3) drive-thrus may make the area more auto- oriented, and discourage people from walking and biking. The Planning Commission felt increased traffic at East Valley Plaza would be a positive outcome, especially since the property owners reported they are having difficulty retaining tenants. Further analysis on the traffic impact of neighboring properties needs to be done, but that would be done in conjunction with the request for a conditional use permit. On September 19, 2007, the Planning Commission voted unanimously to recommend approval of the ordinance amendment. Councilmember Bergman asked if Subway would be considered a sandwich shop. Ms. Bodmer said yes. Councilmember Bergman asked if they are not also considered a fast food restaurant. Ms. Bodmer said yes. Any restaurant that meets the proposed definition could also be classified as a Class III Neighborhood Restaurant. Councilmember Bergman said if people live 350 feet from this location, he wants to be sure the nuisance characteristics identified for drive-thrus of fast food restaurants are eliminated or mitigated as much as possible at this site. Mr. Charles Thomseth, 14136 141st Street W., said he lives in a townhouse across the street of the proposed coffee shop. He did not think the City should amend an ordinance that is working. He stated there is already plenty of traffic in the area and is concerned a coffee shop will make matters worse. Ms. Bodmer said the City does not have a site plan because a formal application has not been submitted. However, a sketch plan showed the traffic will loop so that the cars will face south CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 8 when they are at the drive-thru window, which means traffic will likely proceed north onto Pilot Knob Road. She noted most activity will be in the AM peak. Mr. Norm Johnson, 14132 141st Street W., was present and also expressed concern about traffic in the area as well as the potential increase in traffic at the shopping center’s south entrance if the coffee shop goes in. He does not believe it is a good place for a drive-thru window. Mr. Dean Madson, of WCL Associates, stated he realizes there are some issues with traffic in this particular area, but he is hopeful the Council will approve the ordinance which will allow the application to be submitted and allow him to make a case. Councilmember Bergman said he has concerns with the ordinance in that it allows residential properties within 350 feet of a drive-thru window. Councilmember Grendahl asked if a tenant recently left the proposed coffee shop location. Ms. Laura Gill, of Christianson & Company, said yes. Her company has been the leasing agent for this center since July. In July they were 95 percent leased. Soon there will be 12,460 square feet vacant in the 36,500 square feet building. They are looking to increase traffic in the shopping center and are hopeful a coffee shop will help. Councilmember Erickson said he would like to understand how the traffic would flow on the site before the Council takes any action. Councilmember Goodwin said he would like to see a traffic count for 141st Street. The Council accepted the first reading. The second reading will be October 25, 2007. OAKWOOD HILLS ADDITION Ms. Dykes reviewed the request by Premier Development of the Twin Cities for a preliminary plat to subdivide three existing parcels, totaling 5.71 acres, into 16 single family lots. The property is located southeast of the intersection of 132nd Street and Georgia Drive. The preliminary plat shows the dedication of the necessary right of way and drainage and utility easements. The average lot is 13,447 square feet, which is very similar to surrounding properties. The plan also shows sidewalks consistent with City policy. A stormwater pond and rain garden are shown on the site. Due to the steep slopes, approximately 20,000 cubic yards of fill material will need to be brought onto the site. The tree removal plan shows 185 significant trees will be removed during the mass grading. This will require the developer to plant approximately 111 2.5-inch diameter trees. The public hearing was held September 5, 2007, and a number of comments were received and addressed. On September 19, 2007, the Planning Commission voted unanimously to recommend approval. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 9 Councilmember Bergman said it is a nice project. He commended the Water Quality Technician for the phenomenal report regarding rain garden maintenance. Councilmember Erickson commented about housing elsewhere in the country and asked if Apple Valley’s housing market is such that it can support new development. Ms. Dykes responded that it is her understanding the developer needs to sell a certain number of lots before they will proceed with the grading of the site. They are not intending to build anything for a year or two, and the market may improve in the meantime. However, it is possible the lots may just sit. Mayor Hamann-Roland said the developer wants to sell 40 - 50 percent. She wondered if the developer intends to grade the area. She would prefer not to have the foliage gone while the lots sit. Ms. Dykes said she believes it is the developer’s intention not to do anything on the property until they sell 40 – 50 percent of the lots. Resolution No. 2007-178 MOTION: of Grendahl, seconded by Grendahl, adopting approving the preliminary plat subdividing 5.71 acres southeast of the intersection of 132nd Street W. and Georgia Drive into 16 single family lots, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-179 MOTION: of Bergman, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary report for Project 05-315, Oakwood Hills Utility and Street Improvements. Ayes - 5 - Nays - 0. Mayor Hamann-Roland called a recess at 9:09 p.m. Mayor Hamann-Roland resumed the meeting at 9:15 p.m. REGENT SENIOR BUILDING Ms. Dykes reviewed the request by Hartford Group, Inc., to amend “PD-716/Zone 2” for an increase in height of a senior-only apartment building from 55 feet to 65 feet to accommodate a tower feature, an increase in density from 54 to 55 units per acre, and a decrease in the parking requirement for senior-only apartments from 1.1 space/unit to 1.0 space/unit. The site plan review and building permit authorization is for a 134-unit senior-only rental apartment building located southwest of the intersection of Founders Lane and 153rd Street W. A public hearing on the ordinance amendment was held on September 5, 2007. The residents who were initially opposed ended up supporting the amendment. Each unit will have a 5-foot deck, which satisfies the amenity requirement for high-density residential in the Central Village. Staff conducted a windshield survey of other senior housing developments in the area. After reviewing the parking CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 10 requirements for each, staff believes 134 parking spaces will be sufficient for all residents, staff, and guests. Ms. Dykes then reviewed the site plan. The garage is just slightly below grade. The grading plan was reviewed by the City Engineer and there are no major outstanding issues. A more detailed grading plan will be required for the Natural Resources Management Permit (NRMP), and both staging and hauling plans must be included in the NRMP application. The utilities are in place. One of the changes to the resolution requires the developer to give the City easements over the existing infrastructure. She then reviewed the elevation drawings. The Planning Commission voted unanimously to recommend approval. Councilmember Grendahl asked if the concerns expressed in the letter from the Legacy Square Condominium Association President have been addressed. Ms. Dykes said there is no longer concern over the tower feature height, but there still is concern over parking. They believe the senior housing parking will overflow into their development. However, staff believes one parking space per unit will be sufficient. Councilmember Grendahl noted one comment spoke of the congestion in the area. She asked if there were any traffic studies. Ms. Dykes stated a traffic study of that area has not been done in awhile. Councilmember Bergman asked for details regarding the screening wall. Ms. Dykes said it will be about four feet high, constructed of block, and heavily vegetated. It will be similar to the screening by Enjoy!. Councilmember Goodwin offered that this area was always intended for senior housing. Ms. Dykes said the proposal is very similar to the initial plan. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 822 and passing amending “PD-716/Zone 2” increasing the height of senior-only apartment buildings from 55 feet to 65 feet for architectural features such as towers, provided not more than 6 percent of any building face exceed 55 feet; increasing density from 54 to 55 units per acre subject to the construction of 5-foot wide decks on each unit; and decreasing the parking requirement for senior- only apartments from 1.1 space/unit to 1.0 space/unit. Ayes - 5 - Nays - 0. Resolution No. 2007-180 MOTION: of Bergman, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for construction of a 134-unit senior-only rental apartment building on Lot 1, Block 2, The Legacy of CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 11 Apple Valley, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. WAL-MART GARDEN CENTER CONDITIONAL USE PERMIT AMENDMENT Mr. Lovelace reviewed the request for an amendment to the Conditional Use Permit (CUP) for Wal-Mart’s garden center. The existing CUP requires that garden center products be unloaded at the receiving dock on the north side of the building and transported internally within the building to the garden center located on the west side of the building. As Wal-Mart progressed with the building’s design, it became apparent that moving product through the store would not be desirable. The reasons cited are health and safety issues as well as possible contamination of food goods, which are part of the expansion. Mr. Lovelace explained the proposed delivery method which would allow delivery of garden center products through a gate on the northwest corner of the building. In order to satisfy concerns raised by the City’s Traffic Engineer, Wal-Mart is proposing removing 22 parking spaces, or approximately 2 percent of their overall parking. Those 22 spaces would be designated proof-of-parking, so if at any time additional parking was needed, the City could require they be reinstalled. Wal-Mart is proposing to construct a 13.5-foot wall along the berm on the northwest portion of the property to provide sound suppression from trucks and equipment associated with unloading product in the garden center. Mayor Hamann-Roland commended the petitioner for constructing the wall along the berm and filling it with material in order to further suppress noise which may come from unloading activities near the garden center. Councilmember Bergman stated the area being proposed for associate parking was previously used for snow storage. He asked if staff knows what Wal-Mart intends to do with the snow. Mr. Lovelace responded the snow will either have to be stored on site or removed from the property. MOTION: of Goodwin, seconded by Grendahl, approving the Proof of Parking Agreement with Wal-Mart Real Estate Business Trust for Lot 1, Block 1, Walmarts First Addition, with minor revisions subject to the approval of the City Attorney; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2007-181 MOTION: of Bergman, seconded by Goodwin, adopting approving an amendment to the Wal-Mart Garden Center Conditional Use Permit (Resolution No. 2007-64) to allow access for delivery vehicles to just north of the garden center for the purpose of unloading garden center products and materials on Lot 1, Bock 1, Walmarts First Addition (7835 150th Street West), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays – 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 12 FIRE PREVENTION ORDINANCE AMENDMENT Fire Chief Wassmund gave the first reading of an ordinance amending Chapter 93 of the City Code relating to Fire Prevention. The amendment adopts the Minnesota Fire Code pursuant to Minnesota Statutes 299F.011 and modified by Minnesota Rules, Chapter 7511. It also clarifies requirements for a recreational fire. The Council accepted the first reading. The second reading will be October 25, 2007. CEMETERY ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memos dated October 8, 2007, listing applicants for the Cemetery Advisory Committee vacancy and Parks and Recreation Advisory Committee vacancy. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Marian Brown, David Brueshoff, Mark Fredricks, Clayton Hatzenbuhler, and Linda Moser. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Erickson, accepting the five nominations for Cemetery Advisory Committee. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, amending the previously adopted appointment process to reduce the number of candidates by selecting three of the names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names from the five nominees. After selections were made, they were tallied and the City Attorney announced that three names remained. MOTION: of Grendahl, seconded by Bergman, amending the previously adopted appointment process to reduce the number of candidates by selecting one of the names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Mr. David Brueshoff received a majority of votes. Resolution No. 2007-182 MOTION: of Grendahl, seconded by Goodwin, adopting appointing David Brueshoff to the Cemetery Advisory Committee for a term expiring March 1, 2008. Ayes - 5 - Nays - 0. PARKS AND RECREATION ADVISORY COMMITTEE VACANCY CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 13 The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Marian Brown, Chris Elvrum, Cindy Hart, Davit Katzenmeyer, Todd Kruse, Dave Labno, David Monn, and Eric Seurer. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Erickson, accepting the eight nominations for Parks and Recreation Advisory Committee. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, amending the previously adopted appointment process to reduce the number of candidates by selecting five of the names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select five names from the eight nominees. After selections were made, they were tallied and the City Attorney announced that five names remained. MOTION: of Grendahl, seconded by Goodwin, amending the previously adopted appointment process to reduce the number of candidates by selecting three of the names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names. After selections were made, they were tallied and the City Attorney announced that two names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Ms. Cindy Hart received a majority of votes. Resolution No. 2007-183 MOTION: of Goodwin, seconded by Bergman, adopting appointing Cindy Hart to the Parks and Recreation Advisory Committee for a term expiring March 1, 2009. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied for and expressed interest in the Cemetery Advisory Committee and Parks and Recreation Advisory Committee positions. PARTY PERMIT Councilmember Grendahl asked what staff new about this request and if there are quantity and hour restrictions on party permits. Mr. Johnson stated that Alimagnet Park is the only park in Apple Valley that requires a permit in order to drink beer. Beer consumption in all other Apple Valley parks is permissible during normal park hours. Mr. Johnson said he does not know much more about this particular request except that Mr. Hansen wants to have some sort of a reunion or picnic and has also requested use of the park shelter. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 2007 Page 14 MOTION: of Bergman, seconded by Goodwin, authorizing issuance of a party permit to Bill Hansen, 7895 Upper 139th Court, for a picnic at Alimagnet Park Pursuant to City Code Section 95.03 (G)(1), valid on October 13, 2007. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Mayor Hamann-Roland thanked the Fire Department for its efforts in conducting various activities in connection with Fire Prevention Week. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated October 8, 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 October 3, 2007, in the amount of $4,430,913.24, and October 10, 2007, in the amount of $3,486,834.43. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:05 o’clock p.m.