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HomeMy WebLinkAbout04/23/2009 CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held Apri123rd, 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, Parks Maintenance Superintendent Adamini, Public Works Director Blomstrom, Associate City Planner Dykes, Assistant City Administrator Grawe, Finance Director Hedberg, Police Chief Johnson, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, Human Resources Manager Strauss, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8.00 p.m. Everyone took part m the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION of LaComb, seconded by Bergman, approving the agenda for tonight's meeting, as written. 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. Ms. Roxanne Beseman, 6380 131st Street Ct., invited everyone to attend the Friends of Alimagnet Earth Day celebration at Alimagnet Park on Apri125, 2009, from 10 00 a.m. to 2 00 p.m., the Dakota Gardeners plant sale at 2020 Silver Bell Road in Eagan on May 16, 2009, from 8.00 a.m. to 6 00 p.m., and the Master Gardeners of Dakota County plant sale at UMore Park on May 9, 2009, from 9.00 a.m. to noon. 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.D be moved to the regular agenda. MOTION of Grendahl, seconded by LaComb, moving consideration of item 4.D -Adopt Resolution Amending Oak Wilt and Dutch Elm Disease Cost-Share Program CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 2 Policy to the to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 5 -Nays - 0 CONSENT AGENDA ITEMS MOTION of Grendahl, seconded by LaComb, approving the minutes of the regular meeting of April 9, 2009, as written. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-47 accepting, with thanks, the donation of $100 00 from Lions Club of Apple Valley, for use by the Fire Department. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving submittal of an application to EPA's Development, Community, and Environment Division for Smart Growth Implementation Assistance (SGIA), as attached to the Planning Staff's memo dated April 23, 2009, and authorizing the Mayor to sign the letter of support. Ayes-S-Nays-0 MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-48 approving the Water Quality Improvement Cost Share Program Policy Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-49 approving the reallocation of special assessments in the Cobblestone Lake Development area. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving release of subdivision financial guarantees for Dahle Oaks Subdivision and Cobblestone Lake Commercial, as listed in the Community Development Department Assistant's memo dated April 20, 2009 Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-50 approving a drive-thru drop-off lane for Savers, located at 7638 150th Street W Ayes - 5 - Nays - 0 MOTION of Grendahl, seconded by LaComb, approving a 3 percent variance to 35 percent maximum impervious surface requirement for in-ground pool and deck on Lot 4, Block 4, Waterford Village Addition (13809 Fair Oak Lane), as recommended by the Planning Commission. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving the Infiltration Basin Construction and Maintenance Agreement with Heritage Lutheran Church, 13401 Johnny Cake Ridge Road, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays-0 CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 3 MOTION of Grendahl, seconded by LaComb, approving the License Agreement for drainage and utility easement encroachment with Heritage Lutheran Church, 13401 Johnny Cake Ridge Road, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving the Performance Security Agreement with Heritage Lutheran Church, 13401 Johnny Cake Ridge Road, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-51 authorizing a Purchase Agreement for disposition of surplus property located at 7990 132nd Court W with Gordon and Georgene Born m the amount of $279,900 00; and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays-0 MOTION of Grendahl, seconded by LaComb, approving the Agreement with Dakota Communications Center for National Crime Information Center Telecommunications Services, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving a 3-year Lease Agreement with Versatile Vehicles, Inc., for golf carts, as attached to the Valleywood Manager's memo dated April 10, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving the Agreement for 2009 Concrete Raising and Leveling Services, with Able Concrete Raising, Inc., in an amount not to exceed $9,500 00, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving the Agreement for Redwood Park Pre-Cast Restroom Facility, with CXT Concrete Buildings, in the amount of $42,500 00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays-0 MOTION of Grendahl, seconded by LaComb, approving the Agreement for 2009 Sod Replacement Services, with Jirik Sod Farm, Inc ,man amount not to exceed $9,500 00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0 MOTION of Grendahl, seconded by LaComb, approving the Agreement for 2009 Concrete Removal and Replacement Services, with Ron Kassa Construction, Inc., in the amount of $18,458 70, and authorizing the Mayor and City Clerk to sign the same. Ayes-S-Nays-0 CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 4 MOTION of Grendahl, seconded by LaComb, approving the Agreement for 2009 Sealing of Decorative Concrete and Block Retaining Walls, with Top Coat Painting Service, in the amount of $6,900 00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving Change Order No 2 to Senior Center Contract # 0330 -Cast-In-Place, with Steenberg Watrud Construction, resulting in no change to the contract amount. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving Change Order No 3 to Senior Center Contract # 0920 -Drywall/Access Doors, with Friedges Drywall, resulting m no change to the contract amount. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving Change Order No 2 to Senior Center Contract # 0950 -Acoustical Ceiling, with Kirk Acoustic, Inc., resulting in no change to the contract amount. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving Change Order No 1 to the Agreement with CarteGraph Systems, Inc., in the amount of an additional $1.32, and accepting Software and Services as final and authorizing final payment m the amount of $11,901.32 Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, appointing Councilmember John Bergman as representative to the MSP Noise Oversight Committee (NOC) At-Large Community Group for participation m the At-Large Community Representative election and primary City contact for the NOC At-Large Community Representative Group Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving hiring the seasonal employees and resignation of employees, as listed in the Personnel Report and Addendum dated Apri123, 2009 Ayes - 5 -Nays - 0 END OF CONSENT AGENDA OAK WILT AND DUTCH ELM DISEASE COST SHARE PROGRAM POLICY Councilmember Grendahl said a City forester had recently talked to one of her neighbors about the proper wrapping and removal of diseased trees. This individual suggested the City look at its own parks because they contained dead trees which have not even been cut down. She then questioned the funding source for the program. Mr Blomstom responded that the program is funded out of the Public Works operating budget which is part of the General Fund. CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 5 Councilmember Grendahl said she would like the City to be consistent with requirements imposed on residents. Mayor Hamann-Roland recommended staff gather background information and present it to the City Council at an informal meeting. Councilmember Grendahl suggested staff may need to be more flexible with their schedules in order to meet with residents when dealing with these types of issues. MOTION of Grendahl, seconded by Bergman, adopting Resolution No. 2009-52 amending the Oak Wilt and Dutch Elm Disease Cost Share Program Policy Ayes - 5 -Nays -0 INTRODUCTION OF NEW FINANCE DIRECTOR Mr Lawell introduced newly hired Finance Director Ron Hedberg and summarized his background and experience. Mr Hedberg said he is happy to be here and thanked the Council for the opportunity to serve the City of Apple Valley The Council congratulated Mr Hedberg and welcomed him to his new position. VOLUNTEER RECOGNITION WEEK Mayor Hamann-Roland welcomed Cemetery Advisory Committee Members David Kemp and Alan Kohls, Parks and Recreation Advisory Committee Members Russ Defauw, Tina Rankin, and Patrick Sullivan, Jr ,Planning Commissioner Tim Burke, and Urban Affairs Advisory Committee Members Barry Berg and Ed Holmes. She thanked all of the Planning Commissioners, Advisory Committee Members, and other City volunteers for their generous commitment of time, energy, education, and skills which help make Apple Valley a quality community She then recognized Cemetery Advisory Committee Members David Kemp and Gary Wagner, Planning Commissioner David Shindler, and Urban Affairs Advisory Committee Member Barry Berg for reaching recognized milestones in their service to the City Mayor Hamann-Roland and the City Clerk presented marble apple clocks to Cemetery Advisory Committee Member David Kemp and Urban Affairs Advisory Committee Member for ten years of service to the City Councilmember LaComb read the proclamation proclaiming Volunteer Recognition Week. MOTION of Grendahl, seconded by Bergman, proclaiming April 19 through Apri125, 2009, as "Volunteer Recognition Week" and thanking all those who contribute their time, talent, and energy to the community Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 6 SOUTHBOUND TRANSIT STATION AND SKYWAY Ms. Dykes reviewed the request by Minnesota Valley Transit Authority (MVTA) and the Metropolitan Council for a site plan/building permit authorization to allow construction of a southbound transit station and skyway over Cedar Avenue. The 2-story, 1,200 sq ft. transit station will be located m the right of way in front of Whitney Plaza on the northwest corner of Cedar Avenue and 155th Street W There has been discussion about modifying the existing pylon sign for the multi-tenant building by possibly increasing its size or by adding additional signage to ensure the businesses have visibility On-site signage will also be added indicating parking for the transit station is located across the street and not in Whitney Plaza. Ms. Dykes then reviewed the grading plans, infiltration areas, utility and paving plan, landscaping plans, elevation drawings, and colored renderings. The Planning Commission reviewed this item at its meeting on April 15, 2009, and voted unammously to recommend approval. Mayor Hamann-Roland stated Councilmember Bergman and she met with Messrs. Mark and Joe Stramc from Midas Auto Service Center earlier today and they have some questions which she will ask later Councilmember Goodwin asked the distance between the transit station and Cedar Avenue Ms. Dykes responded that there is currently 22 feet between Cedar Avenue and the transit station. Councilmember Goodwin questioned the need for taking four feet of the Whitney Plaza parking lot. Ms. Dykes said rt is her understanding there will be additional modification to Cedar Avenue m front of the station. Mr Mike Aaron, of SRF Consulting Group, confirmed that the existing curbline, as depicted on the drawing presented, will be modified with the Cedar Avenue road construction. A bus lane and apull-off lane will be added to that area, which will place the pull-off lane right next to the transit station. Councilmember Goodwin said the least the City can do is work with Whitney Plaza on the pylon and trees to ensure the building is visible Mayor Hamann-Roland questioned if the elevation for the HVAC system and elevator could be lowered or placed on the ground. Mr Aaron said the heating and cooling systems are rooftop applications. Mayor Hamann-Roland said the business have asked for the removal of a couple of strategic trees. Typically, the City would not advocate for that, but in this instance it may be appropriate CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 7 in .order to maintain adequate visibility Mitigation of tree loss would still be required. She asked if the petitioner would supply those trees. Ms. Dykes stated some boulevard trees will be removed in order to make room for the transit station. The landscape/streetscape plans for the Cedar Avenue improvements are currently under review The removal of strategic trees to make Whitney Plaza more visible is something staff can work on and possibly incorporate into the streetscape plan as the project moves along. Mr Aaron noted that all the trees in front of the subject property will be removed. Mayor Hamann-Roland said she would like to explore the signage issue, and recommended additional meetings for signage. She then inquired about the energy efficiency of the glass. Mr Aaron said he believes there is some confusion on this. Their mechanics and architects are currently reviewing the matter He believes the glass meets the energy efficiency requirements as set by the State Mayor Hamann-Roland said she knows this is premature, but wants to advocate for the plaza's driveway/access point. The Council believes the driveway to the business is important, and would like rt to remain. Councilmember Bergman suggested relocating the trees that need to be removed. Ms. Dykes stated staff would explore that option. MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-53 approving the site plan and authorizing issuance of a building permit for construction of an 12,000 square foot transit station in the right of way along Cedar Avenue, generally located on the northwest corner of Cedar Avenue and 153rd Street W., and a skyway crossing Cedar Avenue, with conditions as recommended by the Planning Commission, and conditions as recommended by the Council relative to removal of trees, mitigation of trees, energy efficiency, and signage. Ayes - 5 - Nays - 0 ORDINANCE AMENDING LIQUOR IN CITY PARKS Mr Defauw, Chair of the Parks and Recreation Advisory Committee, gave the first reading of an ordinance amending Chapter 95 of the City Code regulating consumption and possession of intoxicating liquor in City parks. He stated that on March 17, 2009, the Parks and Recreation Advisory Committee voted unanimously to recommend the ordinance amendment removing the requirement for a permit for beer consumption in Alimagnet Park. This was done after consultation with the Police Department. CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 8 Approximately 25 years ago, the ordinance was changed to require a party permit to consume beer in Alimagnet Park. This was done because of the secluded nature of the park and the fact that there were keg parties being held there This is not a concern today The Police Chief has indicated he cannot remember the last time the police were called to break up a keg party anywhere. This proposed amendment would apply the same policy m Alimagnet Park as currently exists m all other 49 parks m the City's system. He believes the current ordinance provides all the aspects of a solution in search of anon-existent problem. It attracts a grossly inordinate amount of police attention and manpower on an activity which is not only legal in all other City parks, but is not a problem in them. The police support this amendment and recommend a single definition of beer Many neighboring communities have similar policies. The ordinance does not allow hard liquor consumption. The Committee believes operating all City parks under one uniform policy makes sense. Ms. Corinne Johnson, 201 Ridgeview Drive, recommended the Council keep the ban on alcohol m Alimagnet Park. She told the story of how she came to live next to the park. She described ways she has seen the park change. She stated activity in the park has increased immensely in the past couple years. The park that once was an asset to live near is now a reason to leave. She noted on sunny days there is a constant stream of cars going in and out of the park, often with radios blaring. There is drinking, drug dealing, swearing, and public urination. Many of these crimes are hard to curb without constant police presence and make the neighborhood undesirable One family who lived near the park recently purchased a home in south Minneapolis. She said the value of their homes has decreased and the reason to stay has also decreased. Ms. Johnson read a quote in a memo dated October 18, 1979, from former Parks and Recreation Director Michael Bassett to the Urban Affairs Committee She added that the neighborhood appreciates the help the Police Department has provided. However, they have not been able to stop the drinking, speeding, swearing, and other illegal activities because they do not have the resources. As a result, policing is left up to the neighborhood. She is tired of calling 911 This is not the environment she wants to live m. She believes lifting the ban will make the environment worse. She questioned how the Social Host ordinance would apply to underage drinking in Alimagnet Park. She stated she has spoken with many people in the community and presented a petition signed by over 200 people who support the alcohol ban. She stated she is also concerned about alcohol in parks adjacent to schools. She asked the Council to keep the ban on alcohol. Councilmember Goodwin wanted to clarify that there is not a ban on alcohol in Alimagnet Park. Currently, the public can consume beer m the park with a permit. Ms. Marion Brown, 7754 142nd Street W ,said she researched whether other communities allow alcohol and smoking in their parks. She reported her findings from the Cities of Eagan, Burnsville, Rosemount, Farmington, Lakeville, Inver Grove Heights, and Minneapolis. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 2009 Page 9 Mayor Hamann-Roland reported the findings for the same locations, except Minneapolis, as investigated by the City as well as the Cities of West St. Paul, South St. Paul, Mendota Heights, and Hastings, and Dakota County Mr Lamont Jacobs, 205 Ridgeview Drive, said he has lived near the park for two years. He does not want the ordinance changed. He said if you do not live in the area you do not know what is going on. He does not want to come home to listen to boxes booming and swearing. He has seen urination in the park. Allowing alcohol with a permit is okay, but not without one. Kids race up and down the streets and he is concerned a child might be m~ured. He asked why there is not a gate that is locked up at 10.00 p.m. He added that the activity is ridiculous and that lifting the ban will give kids and adults more reason to do stuff they should not be doing. Mr Tim Prehn, 397 Walnut Lane, said he has two children who slid down their first slide in Alimagnet Park. In the last few years, he has had to remove his children from the park because he did not want them to hear the language being spoken. He compared the traffic at Garden View Drive and County Road 42 to his neighborhood. He noted there are sidewalks, stop lights, and a frontage road on Garden View Drive and County Road 42, but not where he lives. He added that there is also a blind "s" curve near his house. He is concerned for his son's safety while biking m the area because the kids driving into and out of the park are often talking on their cell phones and not paying attention. He said it is no longer a park, it is a Frisbee golf course. He stated the people using the park are between 16 and 25 He questioned how many of them are homeowners or have kids. He is concerned that allowing alcohol in Alimagnet Park will open the flood gates. He said there are 20 to 30 cars at the park every night of the week. The people using Alimagnet Park have options, they can drive to wherever they want. His son can only play in that park. Mayor Hamann-Roland asked if he would be interested m a sidewalk. Mr Prehn responded that he would be interested m a sidewalk if the people playing m the park paid for it. He added that if the disc golf course stays, a sidewalk will probably be needed. Ms. Laurie Katzenmeyer, 377 Walnut Lane, said she agrees with many of the concerns brought forth by her neighbors. However, a little more traffic does not bother her because she used to be concerned to go to the park when traffic was so sparse. She questioned Mr Defauw's comment relative to the inordinate amount of policing going on in the park. She wondered to which other disc golf course in the area rt was being compared. She also questioned what would be better m Alimagnet Park if alcohol was allowed. She does not believe the swearing or driving would improve. This morning her son and she witnessed four vehicles with high school aged drivers blow the stop sign as they came out of the park. She asked the Council not to base its decision for this park on the decisions it has made for other parks. She further asked the Council not allow alcohol in Alimagnet Park. Councilmember Grendahl said she does not support the ordinance amendment. The City is not enforcing the current restrictions, and she does not believe allowing beer m the park is the CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 10 solution. She presented an empty bottle of banana schnapps found m the park. She said last year she found 25 empty hard liquor bottles during the Earth Day cleanup at Alimagnet Park. Councilmember Grendahl then referenced the Council meeting minutes from October 12, 2006, in which televising of the Parks and Recreation Advisory Committee meetings was discussed. She asked that the topic come before the Council at its first meeting in May She recommends televising the Parks and Recreation Advisory Committee meetings because they are getting very controversial. She asked how the Alimagnet Park neighborhood would have known about the Parks and Recreation Advisory Committee meeting in April during which time this ordinance amendment was discussed. Mr Lawell said the meeting notice would have been posted according to State Law Since there was not a public hearing process at that meeting, a mailed notice would not have been required, and he does not believe that was done. Mayor Hamann-Roland asked if the meeting was also posted on the City's website Mr Lawell said it normally would be posted, but he is unsure as to how this particular meeting was posted. Councilmember Grendahl said if the meetings are on cable, the discussions will be more transparent. She then asked about the room accommodations where the Committee meets. Mr Defauw said the Committee meets in one of the activity rooms at the Community Center Rarely is anyone from the general public m attendance. There are two or three dozen extra chairs placed around the room for the public. If staff anticipates an audience, the meetings are moved to the bigger room which holds about 100 people and a microphone is set up. Councilmember Grendahl referenced the October 12, 2006, City Council minutes in which Mr Defauw talked about installing another disc golf course. She questioned whether the comment referred to moving the existing course or installing an additional one. Mr Defauw said he is unsure. However, the Parks and Recreation Advisory Committee looked at a couple of different locations but they were found to be unfeasible for a variety of reasons. He said if the Council wants to revisit disc golf and order that it be removed, the maintenance staff will have it removed it next week. It is up to the Council. Councilmember Grendahl said the Traffic Safety Advisory Committee also reviewed how to connect the parking lot in the park to the street system using the park lane. This is the only park with an entrance that goes through a residential neighborhood. She recommended fixing that first. The park is designated as passive However, on May 22, 2008, there were 497 trips recorded during the traffic count. She would not want to tolerate it, nor does she want others to have it m their front or back yards. CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 11 Councilmember Goodwin said he has heard Councilmembers Grendahl and Bergman talk about using the Council Chamber to televise the Parks and Recreation Advisory Committee meetings in the past. If he felt that strongly about it, he would have made a motion to that effect years ago It is fine with him, but noted there is a budget impact. MOTION of Goodwin, seconded by Hamann-Roland, approving the Parks and Recreation Advisory Committee hold rts meetings in the Council Chambers so they may be televised. Ayes - 5 -Nays - 0 Councilmember LaComb said there are 50 parks in the City She has only received calls and letters from residents who live near one park. The residents near the other parks seem to be satisfied with the current ordinance. When talking about children, cars, and residential neighborhoods, Alimagnet Paxk is not unique. In fact, 43 of the 50 parks have houses that abut the parks. She believes the Police Department is capable of enforcing the ordinances that exist. She feels strongly that the ordinance should be consistent for all parks. Councilmember LaComb commented about the traffic and children near Galaxie Park. There is no gate, the park is wide open, and homes abut the park property, similar to Alimagnet Park. She recommends working out the problems, but does not want to make Alimagnet Park an exception. Obviously, the residents near Alimagnet Park are not satisfied with the existing ordinance She recommended trying what a1149 other parks have and have consistency She stated she is m favor of consistency and would vote for the proposed amendments. Councilmember Bergman wanted to respond to comments made about meeting notices. He noted the City Council does not get the agenda and packet for rts meetings on Thursday until the Monday prior to the meeting. On occasion, additional information is received on Wednesday, the day before the meeting. Unless there is a public hearing, notice does not go out until a few days prior to the meeting. He thinks the Parks and Recreation Advisory Committee should be televised because it is relevant to the community He stated a resident called regarding deer on his property and reminded residents not to feed the wild game. Councilmember Bergman said as long as he has lived in this community there has been an issue at this park m some shape or form. There has been ample discussion with staff and residents at Council meetings, work sessions, the park, and neighboring properties about everything m this park, including trees, sidewalks, traffic counts and disc golf. Council and staff are constantly addressing various issues. He does not believe eliminating disc golf from the park will make the swearing go away because something else will take its place. The newest trend is geocachmg. He supports uniformity throughout City parks. Mayor Hamann-Roland reminded everyone that parks are meant to be used. She would much rather see kids using parks instead of sitting in front of a television set. People from all over use the park she lives next to They walk through her yard. It is part of being in the neighborhood and being connected to a community She wants to make a thoughtful decision and do what CITY OF APPLE VALLEY Dakota County, Minnesota Apn123, 2009 Page 12 makes best sense for keeping it a healthy park. She asked how the Social Host ordinance applies to the City and this park. City Attorney Dougherty said the person supplying the alcohol is the host. Mayor Hamann-Roland asked the Police Chief if he thought passing the ordinance would reduce the number of phone calls the Police Department would get. Police Chief Johnson responded that the Police will receive phone calls regardless because it is a heavily used park. Mayor Hamann-Roland asked what would be the easiest way to police the park. Police Chief Johnson said the easiest way would be to put someone in the park 24 hours a day; however, they do not have the resources to do that. Other than that, standardization is important. In addition, if the ordinance is amended, he recommends removing the 3.2 percent reference, because it is almost impossible to enforce without physically removing the can from someone's hand. Mayor Hamann-Roland clarified that liquor is not allowed. Police Chief Johnson confirmed that distilled spirits are not currently allowed nor are they recommended m any City parks. Mayor Hamann-Roland questioned whether the Police Department would see more calls if the ordinance amendment was not approved. Police Chief Johnson responded he did not believe so Mayor Hamann-Roland questioned whether the Police Department would see more calls if the ordinance amendment was approved. Police Chief Johnson responded he did not believe so Mayor Hamann-Roland said that approving the ordinance amendment would not likely affect the number of police calls but would provide for more consistency Councilmember Grendahl suggested the public may end up putting other alcoholic beverages m their beer cans. Mayor Hamann-Roland added that they could as easily use a pop can. Councilmember Goodwin reminded everyone that this is only the first reading. He stated that this matter could be resolved as a budget item. The Parks Department could hire an off-duty CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 13 police officer to patrol the park during critical hours. It is a budget item and enforcement item. Like Councilmember LaComb stated, this is the park he gets all the complaints from. It is the only one in which its neighbors are not happy and it is the only one that is not consistent. He then asked if the signatures on the petition were original. Ms. Johnson said they are all original signatures except for Steven Degenaar She said she signed for him at his request and initialed his signature. Councilmember Goodwin said he spoke with Mr Degenaar today who stated he did not sign the petition. It is somewhat disturbing when a petition is received and it is determined some of the signatures may not be valid. Councilmember Bergman said he has prided himself on the fact that this Council and previous Councils have stayed out of school issues, and the school district has stayed out of Council issues. He was shocked to see several principals signed the petition. He has seen how cross involvement has polarized other communities. Councilmember Bergman questioned whether the police officer hired to patrol the park would still be needed if disc golf was removed. He questioned enforcement with the inconsistency that exists because the City of Burnsville allows alcohol on their side of the park, while Apple Valley does not allow alcohol on its side. Beer cans in Apple Valley's trash cans could be from alcohol consumed on the Burnsville side of the park. He then asked how many calls the City of Burnsville received on its side of Alimagnet Park. Police Chief Johnson responded that from May 2008 through Apri12009 the City of Burnsville had 59 calls, while Apple Valley had 77 Mayor Hamann-Roland asked if the 77 calls were from 77 different people. Police Chief Johnson said no, it was the total number of computer aided dispatch (CAD) reports, which includes lost property, traffic stops, officer observations, etc Councilmember LaComb asked how many of those calls were received from residents around the park. Police Chief Johnson said there were 47 calls from residents abutting the park, 30 came from one residence and 17 came from other residences. Councilmember Grendahl read part of a letter sent from Westview Elementary Principal Karen Toomey She believes principals should be able to weigh in on issues. Councilmember Grendahl said she lives next to Wallace Park and has never seen anyone drink there. She does not know why all parks have to be treated the same. She noted that disc golf is a sport which does not generate revenue. Except for swings, the public pays to use most other facilities, including the Aquatic Center, Valleywood, and the ice arenas. CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 14 Councilmember Bergman pointed out there is no cost to use tennis courts. Mayor Hamann-Roland said Kelley Park, ice skating, tubing, and a variety of other activities are free as well. Councilmember Grendahl said there is a difference between the tennis courts and Alimagnet Park because there are people who pick up bottles and trash every day at Alimagnet Park, and now Council is talking about hiring an additional officer Mayor Hamann-Roland said -she lives across from a park and regularly picks up beer bottles and garbage She is not saying it is right, but wants to acknowledge rt is happemng in other parks as well. Councilmember Bergman requested staff provide information regarding trash pick up and other duties performed every day at all parks. Councilmember Goodwin commented about the path teachers and students from Westview Elementary School take to access Alimagnet Park. He questioned the judgment of walking children one-quarter mile down the street when the east entrance to the park has a sidewalk leading to it. The Council accepted the first reading. The second reading will be May 14, 2009 ORDINANCE AMENDING FIREWORKS REGULATIONS Fire Chief Thompson gave the second reading of an ordinance amending Section 130 07 of the City Code regarding Fireworks Regulations. The amendment increases the total number of grams allowed in multiple tube fireworks construction from 200 to 500 grams. This brings City Code into compliance with state statute MOTION of Bergman, seconded by LaComb, passing Ordinance No. 858 amending Chapter 130 of the City Code regarding fireworks regulations. Ayes - 5 -Nays - 0 CALENDAR OF UPCOMING EVENTS MOTION of Grendahl, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk's memo dated Apri120, 2009, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota Apri123, 2009 Page 15 CLAIMS AND BILLS MOTION of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated April 16, 2009, in the amount of $425,482.39; and Apri123, 2009, in the amount of $3,858,374 33 Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 -Nays - 0 The meeting was adjourned at 10.09 o'clock p.m. Respectfully Submitted, P G a,c~,o`G Pamela J Gac stetter, City Clerk Approved by the Apple Valley City Council on rJ - ~ y'' ~