Loading...
HomeMy WebLinkAbout05/14/2009 CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 14th, 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, Public Works Director Blomstrom, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant City Administrator Grawe, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, Police Captain Marben, Community Development Director Nordquist, Human Resources Manager Strauss, and Fire Chief Thompson. 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 LaComb, seconded by Bergman, 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. There were no requests. MOTION of Bergman, seconded by LaComb, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0 CONSENT AGENDA ITEMS MOTION of Bergman, seconded by LaComb, approving the minutes of the regular meeting of April 23, 2009, as written. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-54 accepting, with thanks, the donation of $200 00 from American Legion Auxiliary, Unit 1776, for use by the Police Department. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 2 MOTION of Bergman, seconded by LaComb, authorizing issuance of a Temporary On-Sale Liquor License by Minnesota Liquor Control to Apple Valley American Legion, Post 1776, for an outdoor area at 14521 Granada Drive, valid on July 3 and July 4, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, authorizing issuance of a Temporary On-Sale Liquor License by Minnesota Liquor Control to Apple Valley American Legion, Post 1776, for an outdoor area at 14521 Granada Drive, valid on September 12, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-55 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 July 4, 2009, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving issuance of a new 2009 License to Operate Filling Station to City of Apple Valley, Central Maintenance Facility, 6442 140th Street W ,City of Apple Valley, Valleywood Golf Course, 4851 125th Street W ,Apple Valley Golf Course, 8661 140th Street W , AVR, Inc., 15497 Pilot Knob Road, Dick's Valley Service, Inc., 6781 146th Street W ,Independent School District 196, 14445 Diamond Path W , Lamperts, 14555 Galaxie Avenue, and the State of Minnesota, Minnesota Zoo, 13000 Zoo Boulevard, as described in the City Clerk's memo dated May 11, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the Hobby Kennel Permit for 2009 for Elizabeth Pagel and David Murphy, at 14799 Hallmark Drive Ayes - 5 -Nays -0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-56 amending change/petty cash funds at Valleywood Golf Course. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-57 amending access to bank safety deposit box. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-58 amending 2009 Utility Rates and approving base charges during each billing cycles even when there is no water consumption or if the property is unoccupied. Ayes - 5 - Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-59 accepting OSHA Safety Grant in the amount of $9,958 40, as attached to the Public Works Superintendent's memo dated May 14, 2009 Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 3 MOTION of Bergman, seconded by LaComb, approving the OSHA Grant Contract with Minnesota Department of Labor & Industry, Occupational Safety and Health Consultation Unit, accepting $9,958 40 towards the purchase of safety equipment, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the License Agreement with St. Paul Growers Association, Inc., for a Farmers Market in the Municipal Center parking lot on Saturdays from June 21, 2009, through October 24, 2009, from 8 00 a.m. to 1.00 p.m., and authorizing the Mayor and City Clerk to sign the same. Ayes-S-Nays-0 MOTION of Bergman, seconded by LaComb, authorizing funds in an amount not to exceed $2,000 00 for a joint broadband education initiative with Dakota County and other cities, as described m the Assistant City Administrator's memo dated May 14, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-60 approving reallocation of special assessments relating to land subdivided for Apply Valley East Family Addition area. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the reduction of financial guarantee for Wensmann 13th Addition, from $30,000 00 to $7,500 00, as listed in the Community Development Department Assistant's memo dated May 14, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-61 setting a public hearing on June 11, 2009, at 8 00 p.m., to consider vacating easements on Lots 5, 8, and 9, Block 12, Cobblestone Lake 3rd Addition. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving aone-year extension of site plan building permit authorization for Lots 1-8, Block 2, Cobblestone Lake South Shore, as described in the City Planner's memo dated May 11, 2009 Ayes - 5 - Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolutions No. 2009-62 approving the site plan and authorizing issuance of a building permit to allow construction of two single-family dwelling units on Lots 1 and 2, Block 1, Cobblestone Lake South Shore, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the Agreement for Hayes Community and Senior Center Presentation Room Audio Video System with CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 4 Tierney Brothers, Inc , in the amount of $33,250.27, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the Agreement for Hayes Community and Senior Center Multipurpose Room Audio Video System with Tierney Brothers, Inc , in the amount of $42,610.26, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-63 awarding the contract for AV Project 2009-105, 2009 Miscellaneous Utility Improvements, to K.A. Witt Construction, Inc., the lowest responsible bidder, in the amount of $267,804.35 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, accepting Redwood Tenms Court Fence as final and authorizing final payment on the agreement with Midwest Fence & Manufacturing Company, in the amount of $17,985 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, accepting Metal Fence Section Fabrication as final and authorizing final payment on the agreement with Minnetonka Iron Works, LLC, in the amount of $12,004.20 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Freedom Days Events for 2009, as described in the Recreation Supervisor's memo dated May 8, 2009 Ayes - 5 - Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-64 approving the employee performance evaluation schedule for City employees. Ayes - 5 - Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-65 amending the 2009 Employee Pay and Benefit Plan. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving hiring the full time and seasonal employees and resignation of employees, as listed m the Personnel Report dated May 14, 2009 Ayes - 5 -Nays - 0 END OF CONSENT AGENDA AMEND 2009 UTILITY RATES Mr Hedberg described the changes to the 2009 utility rates, the reason behind said changes, and the billing process for vacant properties and snowbirds as dust approved. In order to provide consistency, all accounts will be billed base charges during each billing cycle even if there is no CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 5 water consumption or if the properly is unoccupied. In addition, consumption thresholds were adjusted to reflect three-month consumption levels for quarterly billing. Accounts that were billed at the higher thresholds will receive a credit to their account. Mayor Hamann-Roland acknowledged that the switch to quarterly billing was never intended to be a rate hike. POPPY DAYS PROCLAMATION Ms. Heike Cybart of the American Legion Auxiliary Poppy Committee was present. She read the proclamation, proclaiming May 15 - 17, 2009, as "Poppy Days" and May 2009 as "Poppy Month" The Council thanked the Auxiliary for its efforts in remembering those who have died in war by distributing the memorial flowers. MOTION of Grendahl, seconded by LaComb, proclaiming May 15-17, 2009, as "Poppy Days" and May as "Poppy Month" and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 5 -Nays - 0 The Mayor presented the proclamation to Ms. Cybart. MEMORIAL DAY PROCLAMATION Mr Lloyd Cybart, on behalf of American Legion, Post 1776, read the proclamation proclaiming May 25, 2009, "Memorial Day" He invited everyone to the ceremonies at 11 00 a.m. at the Apple Valley American Legion Memorial located behind the American Legion Post on Granada Avenue MOTION of Grendahl, seconded by LaComb, acknowledging the Federal Proclamation of May 25, 2009, as "Memorial Day" and asking citizens to remember those who were casualties and inured in the various wars and police actions of the United States. Ayes - 5 -Nays - 0 The Mayor presented the proclamation to Mr Cybart. Councilmember Goodwin and the Council thanked the veterans for their service. 2009 SPECIAL ASSESSMENT ROLL 581 Mr Hedberg described Assessment Roll No 581, totaling $182,175.36, for delinquent utility, mowing and snow removal charges. Approximately 665 properties are identified on this assessment roll. Several of those property owners have since paid their charges. Following approval of the assessment roll, customers will still have 30 days to pay their accounts without receiving any additional charges. Accounts which are not paid will be certified to the County Auditor to be levied on the 2010 property tax statements. CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 6 Mr Hedberg informed the Council a written objection was received regarding the property located at 7721 145th Street W., PID O1-81201-050-08 They have delinquent charges of $433 78 and $273.55 He said the attorney for this account holder acknowledges receipt of the bills. Mayor Hamann-Roland asked if counsel advised to remove this item from the assessment roll. Mr Dougherty said it is the Council's choice. He added that the property owner will have 30 days to negotiate with the lender and may also file an objection. Mayor Hamann-Roland called the public hearing to order, at 8 19 p.m., on Special Assessment Roll No 581 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8.20 p.m. MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-66 approving and levying 2009 Special Assessment Roll No 581, for delinquent utility, mowing, and snow removal charges, in the total amount of $182,175.36 Ayes - 5 -Nays - 0 2009 SPECIAL ASSESSMENT ROLL 582 Mr Hedberg described Assessment Roll No 582, totaling $1,280 00, for delinquent false alarms. Six properties are included in the assessment. No written objections have been received. Mayor Hamann-Roland called the public hearing to order, at 8.21 p.m., on Special Assessment Roll No 582 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8.22 p.m. MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-67 approving and levying 2009 Special Assessment Roll No 582, delinquent false alarm charges, in the total amount of $1,280 00 Ayes - 5 -Nays - 0 ORDINANCE AMENDING LIQUOR IN CITY PARKS Mr Johnson gave the second reading of an ordinance amending Chapter 95 of the City Code regulating consumption and possession of intoxicating liquor m City parks. He added that the amendment removes the requirement for a permit for beer consumption in Alimagnet Park. He then reviewed a chart comparing the existing ordinance to the proposed ordinance as they relate to alcoholic beverages m City parks. CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 7 Councilmember Goodwin said he requested this chart because it has become apparent to him through recent conversations, emails, articles, etc ,that the public has a misunderstanding of the current ordinance There is not a ban of alcohol m City parks. He clarified that m all City parks except Alimagnet currently beer is allowed as well as wine and hard liquor with a City permit. In addition, with a permit, beer, wine, and hard liquor are also currently allowed in Alimagnet Park. He thanked staff for coming to the Council with a revised ordinance removing distilled spirits, or hard liquor, from the parks. Councilmember Goodwin stated he spoke with the City Attorney earlier this week and learned the only requirement to get a permit to consume alcohol in City parks is that the person must be at least 21 years of age He asked if they must be an Apple Valley resident. Mr Dougherty responded no Councilmember Goodwin asked if the ordinance could be written to only allow Apple Valley residents in good standing to get a permit. Mr Dougherty responded no Councilmember Goodwin asked if the City could refuse someone known to be a gang member to get a permit. Mr Dougherty responded no Councilmember Goodwin said this ordinance was written in 1980 and updated in 1982. It is important to understand that in all parks, including Alimagnet Park, a person of questionable character, who does not live in Apple Valley, can currently get a party permit and set up 100 bottles of booze if they want. He asked if that was correct. Mr Dougherty said yes, he believes it is. Councilmember Goodwin said the revised ordinance removes hard liquor from City Parks, whereas, today rt is allowed in all parks with a permit. Mayor Hamann-Roland said she was surprised to learn there is no discretion for denying a permit based on character Mr Dougherty said there is discretion for conduct not for character Mayor Hamann-Roland asked if the ordinance could be revised to state "legal adults" instead of "persons" Mr Dougherty said for clarification the language could be changed to read "persons 21 years of age or older" He then explained a fudge's order as it relates to laws and illegal actions. CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 8 Mayor Hamann-Roland said she would recommend amending the language to read "persons 21 years of age or older" Councilmember Grendahl does not believe the City is regulating conduct in Alimagnet Park right now She commented about keeping items on the website current, and noted the March 17 minutes of the Parks and Recreation Advisory Committee were not posted as of today Mr Johnson responded that minutes are posted to the website after they are approved, similar to other committees. Councilmember Grendahl said the minutes should have been posted following the May 12 meeting. She then compared the public processes used by the Parks and Recreation Advisory Committee and the Urban Affairs Committee in responding to issues. She noted the Urban Affairs Committee used the results of the garbage and recycling survey, to which 216 people responded, m formulating their opinion regarding amending the garbage ordinance. Whereas, the petition with 200 names in support of keeping alcohol out of Alimagnet Park appears to be being ignored. She then commented about the request at the informal work session for police officers at the senior center when alcohol is served. She questioned why alcohol would be a problem at the senior center but not in City parks. Councilmember Grendahl said the City of Robbinsdale recently voted against the installation of a disc golf course in Sochacki Park. She read excerpts from an article on the Internet about Robbinsdale's decision, citing various concerns voiced by residents including changing the dynamics of the park. She said Alimagnet Park residents are treated like outcasts when they call in to complain, yet, problems with disc golf are happening all over Councilmember Grendahl said she was at the park today and saw 29 people turn around m 30 seconds. She is guessing not one person was over 21 years of age To introduce alcohol in the parks with all the other concerns at this park appalls her She has not received one phone call from a resident asking for alcohol in Alimagnet Park. She said she usually listens to both sides, but does not see a second side on this issue. She does not believe the Council is listening to the concerns of the neighborhood. Mayor Hamann-Roland cautioned in stating the Council has not paid attention to this issue. She noted she has walked the trails, visited the park with Ms. Johnson, and has been up there several times. Councilmember Bergman noted the installation of a disc golf course in the City of Robbinsdale required mayor renovation of the park including cutting down multiple trees. No trees were removed in Alimagnet Park. He then said he has always prided himself on listening to residents on the issues. He believes he has gone above and beyond on this issue He added that it is the first issue he has been involved v~nth during his 12 years of City government in which no one is CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 9 willing to compromise He then asked if there was a fee to obtain the party permit back in 1980- 1982. Mr Johnson responded there was no fee. Councilmember Bergman asked if there is a fee today Mr Johnson said no Councilmember Bergman asked if an individual could get a permit for 365 days. Ms. Gackstetter responded she believed rt would be allowed provided the Council approved rt. Councilmember Bergman said he is a firm believer m fairness, working with the neighborhood, and m keeping everything uniform and standardized between the parks. Councilmember Goodwin said he was at Alimagnet Park nine times this spring, including four trips in the early evening. The park was being used during each visit. In the early evening, there were mostly young men. He described what he witnessed. He did not hear swearing or see public urination when he was there. Unfortunately, he acknowledged rt is likely there is also swearing at other parks and complexes as well. He does not know how to eliminate it, unless the parks are ehmmated. Councilmember Goodwin stated Alimagnet Park is 65 acres and disc golf takes two to three acres of rt. Not one tree was cut down to install the disc golf course. He compared Alimagnet Park to Redwood Park, which is fairly close. He has not heard a word about Redwood Park and people can drink beer there There have been conversations with other people in the area who do not have a problem with Alimagnet Park. One individual who was asked to come to the meeting stated they did not want to publicly share their feelings about not having issues with the park because they live in the area and they know their neighbors are upset. He added that adult softball, baseball, soccer, volleyball, and a variety of other sports are taking place at various other parks. It is likely, at times, there is some swearing. In addition, on occasion an adult may have an adult beverage following one of these activities. There is nothing so different about this park that it should be treated differently and have a separate set of rules. He asked if rt would be easier for the Police Department if rt had one set of rules or regulations for all parks. Police Chief Johnson responded it would be easier from an enforcement standpoint. He added that often times the people who are cited for beer in Alimagnet Park indicate they did not know rt was not allowed in that park. Councilmember Goodwin pointed out the proposed ordinance would prohibit or restrict distilled spirits or hard liquor in 49 parks, while slightly lessening the requirements in 1 park. In addition, it would create uniformity by applying the same rules m all parks. CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 10 Councilmember Grendahl said there are three parks identified in the Comprehensive Plan as community parks, they are Alimagnet Park, Farquar Park, and Redwood Park. She then read the definition of a community park as identified in the Comprehensive Plan. She said one neighbor counted 100 people walk up the hill in Alimagnet Park in one hour, and suggested finding out how many thousands of people use the park each day She added it not only affects their front yards, it affects their backyards. During a recent visit, she noted dogs were not on leashes. She questioned how the City enforces ordinances in this park. She asked the Police Chief how many people have been cited for drinking m Alimagnet Park. Police Chief Johnson said he would have to run the numbers, but guessed there would be close to a dozen since the first of this year and maybe 201ast year Councilmember Grendahl asked if there was a recent complaint regarding two vehicles retying their engines and racing. Police Chief Johnson described the incident as detailed in the police report. Councilmember Grendahl suggested giving the neighborhood credit for giving over 1,000 hours to remove buckthorn from Alimagnet Park. She questioned the amount of time City staff spent removing buckthorn. Mr Johnson said City staff and various volunteer groups also spent more than 1,000 hours removing buckthorn from Alimagnet Park. Mayor Hamann-Roland said the City definitely wants to thank residents and other groups who have volunteered their time to better the parks, their surroundings, and areas in which they live Councilmember LaComb said she believes the Council has tried very hard to assess what makes Alimagnet Park and all the various parks unique. She referenced the City map which lists the various amenities at each park. The current ordinance allows consumption of beer in 49 parks. The absence of that right does not seem to have made a positive difference. She thinks consistency and actions by the Police Department in the next several months will change that. She added that all parks need to have the kind of interest all five members of the Council have shown towards this park. All of the Council Members have spent time in Alimagnet Park because of the complaints that have come up over and over She is unsure what one issue will satisfy anyone in the neighborhood. If the ordinance is amended and there is consistency amongst the parks, then the Council can compare apples to apples. Councilmember Bergman said over the last week or so Parks maintenance staff monitored the number of alcoholic containers in trash barrels. He noted the findings were included m the agenda packet. Councilmember Goodwin said Alimagnet is probably going to get some special attention, which may be unfair to the other parks. The Parks and Recreation Advisory Committee Chair indicated CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 11 there has been discussion about having adult supervision in the park a couple nights a week during the summer when the park is most actively used. He asked if there is money in the budget for this. Mr Johnson replied that after scrutinizing the budget, he believes there is enough funding to hire a supervisor to work several hours, three nights a week. He also talked with the Police Chief about continuing bicycle patrol and undercover operations. Mayor Hamann-Roland commented that the park m her neighborhood also affects residents' front yards and backyards. She noted the park which she lives next to shows the highest number of users coming into her neighborhood. Because of that, she has sensitivity to many of the things being said. Councilmember Grendahl said she does not believe hiring a supervisor to patrol the park will be beneficial if they cannot write a ticket. She suggested moving the money to the Police Department or contracting with the Police Department and having them provide the added patrol. Mr Johnson replied that like other parks, when adult supervision is present, 99 percent of the time there are not issues. When an issue does arrive, the supervisor can call the Police Department. The police are very quick to respond and arrive within a matter of minutes. Councilmember Grendahl said she dust offered a compromise, but does not see anyone compromising on the other side either Mayor Hamann-Roland said she believes the City is stepping up its enforcement efforts. In addition, plain clothes officers are watching the neighborhood and the park. Police Chief Johnson said it is safe to say there is no other park in the City getting as much patrol as Ahmagnet, and rt is the only park m which the Police Department has done plain clothes detail. There have been six plain clothes details so far After checking the records, he reported there have been 21 citations issued for possession of alcohol m Ahmagnet Park since the first of the year Mayor Hamann-Roland acknowledged that when she first moved next to the park, she was shocked with the magnitude of people coming through the neighborhood to recreate in the park. People regularly throw their trash down and occasionally they act stupid. But over the course of time, she came to realize most of the people coming to the park were acting responsibly and simply enjoying good clean, all-American fun. When visiting Ahmagnet Park, she has also seen wholesome behavior She is happy kids are getting exercise in a natural setting and spending time with each other Mayor Hamann-Roland wants Apple Valley to prohibit hard liquor in the parks. She also wants the ordinance to state "persons 21 years of age or older", incorporated into the language, to ensure there is no question by anyone that the Council would condone children having alcohol. CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 12 She has thought long and hard about this decision, and has concerns after learning the City has no discretion to deny permits for hard alcohol in the parks. If she voted against the amendment, she would be voting against prohibiting hard liquor in the parks. That is contrary to what she believes makes sense It is important to be good role models when being around children, and having hard liquor in the parks is not the way to do that. MOTION of Grendahl, seconded by Hamann-Roland, amending the language of the ordinance to prohibit all alcohol in all parks except by permit. Councilmember Goodwin said that would be going too far in reverse Thirty-five to forty years ago no one had beer or alcohol in their parks. Over the years, it has progressed and now most communities allow beer or beer and wine m their parks. A huge percentage of Apple Valley's adults are responsible people. The suggested revision would not allow them to have a beer or a wine cooler in any park without big brother's approval. Apple Valley shares a park with the City of Burnsville. On one side of the park, adults can drink beer and on the other side they cannot. The Council heard from the Parks and Recreation Director and the Parks and Recreation Advisory Committee Chair who indicated there are not problems in any of the other parks in which beer is currently allowed. Now the Council is considering a change that would be so restrictive that an average person could not drink a beer or wine cooler without the City's approval. Councilmember Bergman pointed out that the Council compromised at the last Council meeting when rt approved televising the Parks and Recreation Advisory Committee meetings. He added that there was a very small number of people who made that request and yet the Council took action. Councilmember Grendahl said there were other issues that contributed to that request including the new senior center and the Valleywood clubhouse. Councilmember Goodwin commented about the Parks and Recreation Advisory Committee meeting which was televised on Tuesday He found the meeting very informative and complimented the members on doing a great job Councilmember Grendahl agreed, but noted the public will not know which day to watch the meeting if the dates listed on the website are incorrect. Mayor Hamann-Roland said the Council has directed staff to ensure the dates are properly listed. She questioned how much time it would take to issue permits for alcohol consumption in all parks. Ms. Gackstetter said rt would certainly take more time on behalf of the City Clerk. In addition to receiving the application and preparing the permit, each application would need to be prepared as an agenda item for Council approval. That process also requires a minimum two-week turn around for processing. She was unsure of the number of CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 13 permits that would be processed for all the parks and questioned if the Parks and Recreation Director might have a better idea as to the number Mayor Hamann-Roland asked how much the City would need to budget for processing permits. Mr Johnson said he was unsure and did not want to give the Council the wrong number but guessed it would be a significant amount. Mayor Hamann-Roland asked if another person would need to be hired to handle the workload. Mr Johnson said if people want to get a permit for every day of the year there could be a lot of permits. It is hard to know the potential impact. Mayor Hamann-Roland acknowledged there may be a cost implication to the proposed motion. Councilmember Grendahl asked if there was a fee for the permit. Mr Johnson said no Councilmember Grendahl suggested a fee be added and individuals receiving permits pay the costs associated for processing them. Mayor Hamann-Roland noted it could be a considerable amount of money She then commented about the fact that Valleywood Golf Course, which is also a park, would not be allowed to sell liquor Liquor sales is one of the things Valleywood does to generate revenue as an enterprise fund. Councilmember Grendahl stated she believes the sale of liquor at Valleywood is different than people bringing liquor into the parks. Vote was taken on the motion. Ayes - 1 -Nays - 4 (Bergman, Goodwin, Hamann- Roland, LaComb). MOTION of Bergman, seconded by Goodwin, amending the language referencing "persons" to read "persons 21 years of age or older" and passing Ordinance No. 859 amending Chapter 95 of the City Code regarding consumption and possession of intoxicating liquor in City parks. Mr Lawell advised that there was a revised ordinance distributed yesterday which specifically references alcohol at Valleywood Golf Course, and that is the ordinance from which everyone should be working. CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 14 Vote was taken on the motion. Ayes - 4 -Nays - 1 (Grendahl) ORDINANCE AMENDING BUILDING CODE Mr Aden gave the first reading of the ordinance amending Section 150 O1 of the City Code, regarding Building Code Adopted by Reference, Scope The proposed change will update the ordinance to reflect the. Minnesota Energy Code which will be adopted by the State on June 1, 2009 The Minnesota Energy Code includes a Residential Energy Code, Chapter 1322, and a Commercial Energy Code, Chapter 1323 Councilmember Grendahl asked the estimated costs the residential improvements would add to a new home. Mr Aden said he was unsure of the costs at this time The Council directed staff to provide estimated costs for the improvements at the second reading. The Council accepted the first reading. The second reading will be May 28, 2009 ORDINANCE AMENDING GARBAGE AND RECYCLING COLLECTION Ms. Dykes and Ms. Bodmer gave the first reading of the ordinance amending Chapter 50 of the City Code, regarding garbage and recycling collection. Ms. Dykes reviewed various definitions, the history behind the ordinance amendment, the current code requirements, and residential haulers' concerns. Specifically, the haulers mentioned environmental, safety, and aesthetic concerns. Ms. Bodmer said the Urban Affairs Committee discussed the haulers' concerns at their meetings on August 25, September 16, and October 29, 2008, reviewed various studies and reports provided by Dakota Valley Recycling Coordinator Sue Bast; and conducted a panel discussion with licensed residential haulers, a member of the Governor's Climate Change Advisory Group, and Eureka Recycling. She recapped the discussions and recommendations of the Urban Affair Committee, the City Council's direction at the November 6, 2008, informal meeting; the results of the public survey, to which 220 residents responded, and the public meeting results. At rts meeting on May 4, 2009, the Urban Affair Committee voted 6-1 to recommend approval of the amendment to the ordinance to allow curbside garbage and recycling collection, biweekly recycling collection, and day-specific collection zones. The dissenting vote wanted weekly recycling collection instead of biweekly Mayor Hamann-Roland wants to be sure residents know garbage cans do not belong in the street, because they create a public safety hazard. In addition, she hopes the revised ordinance will cause a reduction in the haulers' current fees, resulting m a savings for residents. According to CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 15 one hauler, Apple Valley's rates are the highest due to garage-side collection, and this ordinance amendment should cause a reduction. Councilmember Grendahl said she would like staff to check comparable rates for surrounding cities. She too would expect to see the rates go down. She then thanked staff and the Urban Affairs Committee for a very organized and participatory process. Councilmember Goodwin said Apple Valley fought a good fight in keeping its current ordinance relative to garage-side garbage collection for as long as rt has. Twenty-five years ago many communities had garage-side collection. Over the years, communities have switched to curbside collection because of haulers' rates and technology Apple Valley is the last city m the metro area that still has garage-side pickup Even the City of Edina switched to curbside collection before Apple Valley The Council accepted the first reading. The second reading will be May 28, 2009 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 May 11, 2009, 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 Grendahl, to pay the claims and bills, check registers dated April 30, 2009, in the amount of $226,334 84, May 6, 2009, in the amount of 713,107.37, and May 14, 2009, in the amount of $14,955,568 81 Ayes - 5 - Nays - 0 CLOSE MEETING -ATTORNEY-CLIENT PRIVILEGE Mr Dougherty asked the City Council to convene m a closed session, under the provisions of M.S 471 705, to discuss litigation involving Jorge Allen, et al, regarding ponding. MOTION of Grendahl, seconded by Goodwin, to close the regular meeting and convene in closed session to discuss with the City Attorney litigation involving Jorge Allen, et al, regarding pondmg. Ayes - 5 -Nays - 0 The meeting was closed at 9 58 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 10.05 p.m., along with City Attorney Dougherty, Mr Clifford Greene of Greene Espel, City Administrator Lawell, City Clerk Gackstetter, and Public Works Director Blomstrom. Mr Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 2009 Page 16 privilege will be lost. Discussion followed regarding the litigation involving Jorge Allen, et al, relative to ponding. The Council reconvened in open session at 10 19 p.m. MOTION of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 -Nays - 0 The meeting was adjourned at 10.20 o'clock p.m. Respectfully Submitted, ~4yYV lC~ Et Q,C~iO~,~,t/U Pamela J Gackstetter, City Clerk Approved by the Apple Valley City Council on S - 28- O ~