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HomeMy WebLinkAbout05/13/2010 CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 13th, 2010, 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, Deputy City Clerk Murphy, City Attorney Hills, Parks Superintendent Adamini, City Engineer Manson, Public Works Director Blomstrom, Associate City Planner Bodmer, Recreation Superintendent Breuer, Assistant Finance Director Broughten, Associate City Planner Dykes, Assistant City Administrator Grawe, Human Resources Representative Haas, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, Community Development Director Nordquist, Department Assistant Perkins -Monn, Fire Chief Thompson, and Golf Manager Zinck. Mayor Hamann- Roland called the meeting to order at 8:01 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of LaComb, 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. There were no requests. MOTION: of LaComb, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of LaComb, seconded by Goodwin, approving the minutes of the regular meeting of April 22, 2010, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 2 MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -88 accepting, with thanks, the donation of $250.00 from American Legion Auxiliary, Unit 1726, for use by the Police Department. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -89 accepting, with thanks, the donation of $2,750.00 from Wal -Mart Foundation, for use by the Police Department. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -90 accepting, with thanks, the donation of concrete and installation from Red -E -Mix (AVR, Inc.), for Kelley Park. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -91 accepting, with thanks, the donation of a crab tree, from MacPhail Center for Music, for Kelley Park. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -92 accepting, with thanks, the donation of 48 -inch television, from Mike Polly, for the Teen Center. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, authorizing issuance of a Temporary On -Sale Liquor License by Minnesota Liquor Control to Apple Valley American Legion, Post 1776, for an outdoor special event at 14521 Granada Drive, valid on July 3, 4, and 5,2010. Ayes -5- Nays -0. MOTION: of LaComb, seconded by Goodwin, authorizing issuance of a Temporary On -Sale Liquor License by Minnesota Liquor Control to Apple Valley American Legion, Post 1776, for an outdoor special event at 14521 Granada Drive, valid on September 11, 2010, 2010. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, receiving the Police Department's 2009 annual report. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, receiving the Traffic Safety Advisory Committee's 2009 annual report. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, accepting Dakota County's designation to serve as a polling site for absentee ballots and convene the Absentee Ballot Board to accept, reject, and count absentee ballots. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -93 approving 2009 interfund tansfers between funds. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 3 MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -94 levying 2010 Special Assessment Roll No. 589, in the total amount of $1,063,162.00 for Village at Founders Circle Phase II Improvements. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -95 amending Conditional Use Permit 2008 -163 to allow a 2,480 square foot child care facility in a "LB" (Limited Business) zoning district on Lot 7, Block 2, Valley Commercial Park 2nd Addition (14510 Pennock Avenue), for Miss Marie's Learning Center, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -96 amending Conditional Use Permit 2004 -171 to allow outdoor storage of vehicles on Lot 1, Block 1, Apple Valley Industrial Park 5th Addition (6781 146th Street W.), for Dick's Valley Service, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -97 approving a Conditional Use Permit to allow an athletic training facility in a `BP" (Business Park) zoning district on Lot 1, Block 2, Valley Business Park (5708 Upper 147th Street W.), for CrossFit NorthStar, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays — 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution Nos. 2010 -98, 2010 -99, 2010 -100, 2010 -101, 2010 -102, and 2010 -103 completing vacations of easements in Cobblestone Lake Commercial 3rd Addition, and authorizing filing the Notices of Completion with Dakota County. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -104 approving the final plat and Subdivision Agreement for Cobblestone Lake Commercial 3rd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving a 4 -foot front yard setback variance for an attached garage on Lot 6, Block 3, Delaney Park 2nd Addition (14537 Elysium Place), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -105 approving continuation of the Cooperative Agreement with Dakota County Community Development Agency (CDA) for administration of Community Development Block Grant (CDBG) and HOME Investment Partnership Programs through fiscal year 2013. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 4 MOTION: of LaComb, seconded by Goodwin, approving the Loan Origination Agreement for Energy Efficiency Loan Program with Center for Energy and Environment (CEE), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the Contract for Technical Assistance to Small Businesses to Mitigate Impacts of Cedar Avenue Bus Rapid Transit Construction Project with Metropolitan Consortium of Community Developers (MCDD), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the Agreement for AV Project 2010 -118, Reconditioning of Hydrants, with Schoenfelder Painting, in the amount of $16,263.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays -0. MOTION: of LaComb, seconded by Goodwin, accepting AV Project 2010 -112, 2010 Decorative Concrete and Block Retaining Walls Sealing as complete and authorizing final payment on the agreement with Budget Sandblasting & Painting, Inc., in the amount of $5,880.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, canceling the June 10, 2010, informal and regular City Council meetings. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, setting a special informal City Council meeting, at 6:00 p.m. and special regular meeting at 8:00 p.m. on June 17, 2010, at the Municipal Center. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving hiring the full time and seasonal employees, as listed in the Personnel Report and Addendum dated May 13, 2010. Ayes -5- Nays -0. END OF CONSENT AGENDA POPPY DAYS PROCLAMATION Ms. Heike Cybart of the American Legion Auxiliary Poppy Committee was present. She read the proclamation, proclaiming May 14 - 15, 2010, as "Poppy Days" and May 2010 as "Poppy Month ". The Council thanked the Auxiliary for its efforts in remembering those who have died in war by distributing the memorial flowers. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 5 MOTION: of Grendahl, seconded by LaComb, proclaiming May 14 -15, 2010, 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 31, 2010, "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 Goodwin, seconded by Bergman, acknowledging the Federal Proclamation of May 31, 2010, as "Memorial Day" and asking citizens to remember those who were casualties and injured in the various wars and police actions of the United States. Ayes - 5 - Nays - 0. The Mayor presented the proclamation to Mr. Cybart and thanked the veterans for their service. 2010 SPECIAL ASSESSMENT ROLL NO. 590 Mr. Hedberg described Assessment Roll No. 590, totaling $239,251.76, for delinquent utility and mowing charges. The City has received $26,415.22 payments to date, which brings the current balance down to $212,836.54. 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 2011 property tax statements. Councilmember Grendahl asked how this compares to other years. Mr. Hedberg stated it is hard to tell because the City now has quarterly billing and that can be a challenge to some homeowners. Mayor Hamann - Roland asked if residents are contacting the City to voice concern regarding their bills and if they are paying interest on these accounts. Mr. Hedberg said the Utility Billing Division has spoken with some individuals. He added that people may still pay monthly if they wish. He stated any money the resident pays at any time is applied to their account. There are no fees with accounts being paid in advance but there is a penalty fee if accounts are late. Councilmember Bergman stated there are 54 pages of names of businesses and residents that are delinquent and he is concerned that there are a number of businesses that have a substantial dollar amount that is due. He asked if this is the norm to just let this keep adding up. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 6 Mr. Hedberg stated there are a number of large accounts. He said some residents just choose to not pay and let it go on to their property taxes. People have their reasons for doing it that way but it is very expensive to do that. Councilmember Bergman asked if residents and businesses choose to do it this way, how much or what percentage the City gets before it goes on the County tax rolls. Mr. Hedberg stated he feels the majority of the people that are going to pay have already paid and he said utility billing has had a number of calls today stating they were going to come in and pay. He said it would be a small percentage. Councilmember Grendahl stated that she understands the $212,000 and that the City's exposure could be $800,000 for the year if these people do not pay. Mr. Hedberg said that is correct. Mayor Hamann- Roland stated she is concerned about the quarterly billing. She asked if the City has assessed this and if it is working out for people. She stated that the City would go back to monthly billing if it is needed. Mr. Hedberg stated they met with some individuals that had concerns and the City would look at it this spring and summer. Mayor Hamann - Roland called the public hearing to order, at 8:18 p.m., on Special Assessment Roll No. 590 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 8:19 p.m. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2010 -106 approving and levying 2010 Special Assessment Roll No. 590, for delinquent utility and mowing charges, in the total amount of $239,251.76. Ayes - 5 - Nays - 0. 2010 SPECIAL ASSESSMENT ROLL 591 Mr. Hedberg described Assessment Roll No. 591, totaling $2,030.00, for delinquent false alarms. Nine properties are included in the assessment. No written objections have been received. Mayor Hamann- Roland called the public hearing to order, at 8:20 p.m., on Special Assessment Roll No. 591 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 8:21 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 7 MOTION: of LaComb, seconded by Goodwin, adopting Resolution No. 2010 -107 approving and levying 2010 Special Assessment Roll No. 591, delinquent false alarm charges, in the total amount of $2,030.00. Ayes - 5 - Nays - 0. 2010 SPECIAL ASSESSMENT ROLL 592 Mr. Hedberg described Assessment Roll No. 592, totaling $9,419.45, for delinquent mowing and tree removal charges. No written objections have been received. Mayor Hamann- Roland called the public hearing to order, at 8:22 p.m., on Special Assessment Roll No. 592 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 8:23 p.m. MOTION: of Bergman, seconded by LaComb, adopting Resolution No. 2010 -108 approving and levying 2010 Special Assessment Roll No. 592, delinquent mowing and tree removal charges, in the total amount of $9,419.45. Ayes - 5 - Nays - 0. PANDA EXPRESS Ms. Bodmer presented the request by the petitioner Panda Restaurant Group, Inc., for a conditional use permit for a Class II restaurant in a "RB" (Retail Business) zoning district, a variance to locate a Class II (fast food) restaurant less than 1,000 feet from institutional or residential uses, and site plan review/building permit authorization to remodel the former Proex building, reconfigure the site, and create an outdoor dining area. The restaurant will be located at 7735 - 150th Street W. She stated County Road 42 serves as a significant barrier for noise from the neighborhood and impacts are expected to be minimal. No comments were received from the public at the April 7, 2010, public hearing held by the Planning Commission. The restaurant would be 2,357 sq. ft. and the existing drive -thru lane would be removed to create an 18' x 28' outdoor dining and landscaped area. The restaurant would have a total of 51 seats with 32 additional seats in the outdoor dining area. The plan submitted is four parking spaces short of the requirement and parking does not appear to be an issue due to the fact Bruegger's Bagels has a different peak time of customers than Panda Express will. One issue is the condition of the private roadway on the north side of the site. In the past the property owners have never worked together to repair the road. The City will require as a condition of approval of the CUP that Panda Express maintain its portion of the street in a condition consistent with public street maintenance. Mayor Hamann- Roland stated it is exciting to see plans for that area to be filled again. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2010 -109 approving a conditional use permit and variance to operate a Class II restaurant in CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 8 a "RB" (Retail Business) zoning district, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2010 -110 approving the site plan/building permit authorization for the Panda Express remodel and outdoor dining area, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Panda Express Director of Construction Steven Krekus was present to address the Council. He stated they are a privately held family -owned company based out of California with 1300 locations across the nation. They plan to open late November or early December 2010, and they are looking forward to coming here and being a part of the community. Mayor Hamann- Roland welcomed him to Apple Valley. VARIOUS PARK AGREEMENTS Mr. Randy Johnson gave an executive overview of the proposed agreements for the purchase of playground equipment for various parks and stated there has been significant discussion on this topic at the previous work session. He gave a recap of where the City is with the Park Bond referendum and thanked the various groups present in the audience in support of the Parks and Recreation Department. He thanked the Parks and Recreation Advisory Committee and staff. He stated they have really formed a great team here in Apple Valley improving our community and making it a great place to live. Parks and recreation is an important element in making the City livable. He stated that back on November 6, 2007, the City had a $14 million referendum to improve various elements in the City's park system. He stated three major parks projects were completed on time and on budget; those being the expansion of the Apple Valley Family Aquatic Center with the lazy river, the Apple Valley Community and Senior Center, and the Quarry Point Athletic Complex. The fourth element of the Park Bond referendum is the improvements to various parks. Enhancing and improving the playground equipment in some of the local parks is what is being addressed this evening. Based on previous experience in Apple Valley, playground equipment has been programmed on a 15 -year replacement cycle. The equipment installed in the early 1990's is proving to be longer lasting than equipment provided in the 1970's. Staff and the Parks and Recreation Committee are suggesting that the existing equipment be refurbished and supplemental equipment be added to Alimagnet, Faith, Galaxie, and Wallace Parks. Quarry Point Park has 110 existing equipment. The purchase of new equipment with a sun shade structure, for the safety of users, will complete this park. Quarry Point Park has no trees of any size yet as it previously had been a gravel pit. He reviewed the equipment inventory of the four parks needing the proposed refurbishing and supplemental equipment. Mr. Johnson reviewed where the City is on the Park Bond construction funds with the expenditures, pending bills, and proposed projects for this summer that have already been CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 9 approved. With the completion of the proposed agreements before Council, the Park Bond funds will come in under budget with approximately $657,000 non - designated. Councilmember Goodwin asked for clarification that the City was authorized for $14,430,000 and if the equipment proposed is bought in the various agreements, would the City still be under budget $657,000. Mr. Johnson said yes. Councilmember Grendahl stated she is not speaking against the six items but that does not mean she can support where the funding is coming from due to the state of the economy. She would prefer the City take the $250,000 from the capital improvement fund rather than adding on new taxes. She respects that the voters voted for this Park Bond referendum. She stated she has never questioned spending any of the referendum money in the past. Councilmember LaComb questioned if there could be a comparison what amount is being talked about per resident. Mr. Johnson asked for assistance from Mr. Hedberg. Mr. Hedberg stated once the levy was proposed it would result in a $3.86 increase per average home per year. Councilmember LaComb stated she did look at the number of people that voted but she also looks at the percentage of people that made the choice to vote and that is all that really counts. Anyone can stay home at anytime and choose not to vote, not to have a voice. She stated 58 percent of those that chose to vote, voted yes for the referendum. She feels there is already a compromise to what the voters wanted because the Council could choose to do nothing which she feels is totally against all 58 percent of those voters. The compromise is what is before us today which is instead of a park receiving approximately $70,000 worth of equipment, the existing park will have their current equipment remain and approximately $30,000 worth of new equipment will be installed. The compromise is in hard times and that difficult decisions are being made. She stated the Council could go back to the original proposal being that there would be $70,000 of playground equipment and she feels there is some justification to talk about the times. She referred to the Truth and Taxation meeting in December 2009 where there were no residents in attendance to come forward and say they do not want this because times are different. She stated that there were some residents living in poverty before the recession and there will be residents living in poverty after the recession. She said this vote is for the future and that the 90 percent of employed residents need the park system and are using it. She feels the 10 percent that are unemployed need it even more. These are people who are not spending excess revenue, are close to home, and may not have transportation. The City has a responsibility to that group of people as all residents to make sure that they have safe parks and a nurturing environment. She feels very passionate about this and supports all the agreements for the various parks because this is for the future and she feels the compromise is acceptable. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 10 Councilmember Goodwin requested reference to the chart again. If the City bonded for the entire amount it would be $3.86 per year. It is very good news that there is a balance of $657,000 so regardless what happens the City will not be bonding for that at this time. Mr. Johnson agreed not at this time. Councilmember Goodwin said if $1.3 million is taken and subtract $600,000 the figure is down to about $700,000. He said the total cost is about $2.01 per household per year. He stated he would vote to use this bond levy because he feels Councilmember Grendahl's suggestion is one the City should think about. He stated there will be future projects that will need to come out of the City's capital projects fund some day such as rebuilding residential streets. The City's needs are going to far exceed $11 million. He feels in the next few years this Council will be discussing some very expensive items like redoing some of the City streets. For that reason, he does not want to leave a viable levy on the table, a levy that was voted for when he knows of the serious needs in the capital project fund exceed 11 million dollars. He feels tonight they are talking about $2.01 per average home. He feels the Parks and Recreation Advisory Committee and Parks staff took a conservative approach and fiscal discipline to conclude that the City is getting additional years on the playground equipment than in past years. He is very pleased to see that the Park Board and staff acknowledged there is some equipment that can still be used. Councilmember Goodwin said last year the City's levy portion went down on 92 percent of the homes in Apple Valley. He stated he will be supporting all six park equipment agreements. Councilmember Bergman said the City has approximately 17,000 homes; of those, approximately 200 plus are in foreclosure, and there are approximately 1400 houses for sale. He is a firm believer in the parks referendum and using the parks system, and that he uses it extensively. He agrees that staff was very diligent in this project. He has listened to the comments of both Councilmember Grendahl and Councilmember Goodwin and feels he is in the middle. He is not against using the money at a later date. He stated he has looked at the four parks that are being addressed for playground replacement and refurbishing. He stated Quarry Point Park is different since there is no playground equipment there. He agrees that with a little painting the equipment at four of the parks could be good for 5 -10 years. He feels the Council are stewarts of the taxpayer's money. He would like to see the equipment repaired and get a few more years out of it. He states money could be used later if something went bad at these parks. He will not support the equipment replacement for the four parks mentioned at this time. He feels when the equipment is past its useful life then replace the equipment by using the bond or capital improvements funds. Councilmember Grendahl said just because she wants to take the money out of the capital improvement fund instead of Park Bond does not mean she does not have the same vision for parks. She stated she lives across from Wallace Park and sees children there all the time and she understands the importance of our parks. So the inference that she does not have the same vision for the parks is wrong. She stated that she wants the money taken out of the saving account. If families had money they would take it out of their savings account instead of going out, CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 11 borrowing money, and paying interest. She commented she is in support of the parks but wants to fund it a different way. Councilmember Bergman responded that he understands Councilmember Grendahl supports the parks. He understands that the capital improvement funds is out there and if the City takes the money from there to pay cash for the park equipment and bring down the balance, how does the City replace it or does the City just bring down the CIP balance and then the rest goes back to the taxpayers. He questioned how the City replaces it. Councilmember Goodwin asked to clarify two points. First the CIP balance is $11 million that the City will have if needed to expand the streets or water system in the next 15 -20 years. Because of the other needs for the City in the future and the City has an authorized City referendum by the voters and there is money there, he feels the City should use those funds. Secondly, the comment he would make regarding Councilmember Bergman's suggestion to use the money later he referred to the building of the Municipal Center. If the City had waited several years to build it, the cost of it would have doubled. This could be the result with the cost of playground equipment, as well, if the City waits. He feels having a referendum that will cost the median homeowner $2.01 a year is the decision to make. Councilmember Grendahl questioned if $2.01 is not much money when people cannot even pay their utilities (referencing the delinquent utilities item on the agenda). She said she never suggested leaving the levy money on the table but to borrow the money from the $11 million and when the economy comes back the City could pay the money back when times get better. Mayor Hamann- Roland acknowledged the members in the audience representing the Parks and Recreation Advisory Committee that put together a very responsible Park Bond referendum. She stated there were senior citizens who worked very hard to support that. Also present were members from the athletic associations representing others. She agrees with Councilmember LaComb that in very hard times it is the people hurting the most that need these resources even more so. She feels if the City wait like Councilmember Bergman suggested an opportunity could be missed. She appreciates the investment that has been made in the community and in the children. She feels when children are a priority and senior citizens are a priority, those are good priorities. She believes it is the public trust that voted for the bond referendum and it is her responsibility to give the public what they asked for and she will be voting for this. She feels the City needs to take care of the children in the community. Councilmember Bergman stated that everyone keeps referring back to him as "the City could miss an opportunity and it may cost more in the future to do this ". He stated the past Council including this Council could miss the boat also on some expansion referred to the Parks and Recreation. That the Council has so decided not to address because of other priorities. He stated when looking at missed opportunities he feels a drastic opportunity had been missed in the Parks and Recreation Department that has to do with revenue generating rather than a convenience. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 12 Mayor Hamann- Roland stated Councilmember Bergman made a very good point. She said possibly that is an idea the Parks and Recreation Committee would have for the golf course with the remaining money that is appropriate to use for that. She feels the Parks and Recreation Committee has been responsible in what they came up with and has left $657,368 on the table and now they can at least have that discussion. Mr. Scott Selby, president of the Eastview Athletic Association, addressed the Council. He stated the last time he appeared before the Council he was a member of a task force interested in the athletic fields and people interested in a new senior center. He feels the people already spoke on this to spend the money on the project and thinks an incredible job has been done to come in under budget. He urged the Council to approve the agreements this evening. Ms. Karen Brown -Hepp, 14531 Genesee Avenue, addressed the Council. She stated she moved to Apple Valley six years ago and one of the first things she noticed about the community was the parks and the playground equipment. She feels the Council needs to honor the commitment to the people. MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Playground Structure — Faith Park, with BCI Burke Company, in the amount of $59,999.10, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 2. (Bergman and Grendahl) MOTION: of Goodwin, seconded by LaComb, approving the Agreement for Playground Structure — Galaxie Park, with BCI Burke Company, in the amount of $24,999.12, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 2. (Bergman and Grendahl) MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Playground Structure — Quarry Point Park, with PlayPower LT, Inc., in the amount of $70,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Councilmember Bergman made reference to the netting that goes around all the ball fields at Quarry Point Park. He compared the park to Johnny Cake Ridge Park and asked why there is all the netting because it makes it look like a batting cage. He stated Mr. Johnson commented earlier that a sun shade is needed over the park equipment. He questioned why the netting is needed in the outfield when that netting is to protect children on playground equipment. He stated that this park is different than the other parks because the other parks are already established and Quarry Point Park is starting from the ground up. He supports the playground equipment but he does not support the sun shade. MOTION: of Goodwin, seconded by LaComb, approving the Agreement for Quarry Point Park Sun Shade Structure, with PlayPower LT, Inc., in the amount of $39,843.91, CITY OF APPLE VALLEY Dakota County, Minnesota May 13,2010 Page 13 and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 2. (Bergman and Grendahl) MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Playground Structure — Wallace Park, with PlayPower LT, Inc., in the amount of $25,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 2. (Bergman and Grendahl) MOTION: of Goodwin, seconded by LaComb, approving the Agreement for Playground Structure — Alimagnet Park, with St. Croix Recreation Company, Inc., in the amount of $25,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 2. (Bergman and Grendahl) NAME CONSOLIDATION OF KELLEY PARK AND LEGACY PARK Mr. Randy Johnson gave a brief history on Legacy Park when the Legacy Village area was being developed. It was suggested that the park be named Legacy Park which seemed reasonable at the time. Since that time a few things have happened. The City's former Community Development Director Rick Kelley developed cancer and passed away. The City decided that a section of the park that had not been built yet would be named Kelley Park after Rick. The City had taken the piece that had not been built yet and separated it off from Legacy Park. Legacy is actually a walking path that will connect people to Kelley Park. Just for simplification staff is proposing and has reviewed this with the Parks and Recreation Advisory Committee and they recommended the City remove the name of Legacy Park from the books and change the entire piece of property to Kelley Park. MOTION: of Grendahl, seconded by Bergman, approving the consolidation name change of Kelley Park and Legacy Park to Kelley Park as recommended by the Parks and Recreation Advisory Committee. Ayes - 5 - Nays - 0. PROPERTY MAINTENANCE ORDINANCE Mr. Lovelace presented the second reading of the amendments to the Property Maintenance Ordinance, Section 155.360 of the Apple Valley City Code, which deals with interior hazardous, structurally deficient, and poorly maintained properties and unsanitary and unsafe living conditions. The amendments provide for interior inspections, code compliance, and when necessary, abatement actions in response to a complaint or when observed by someone entering the home to provide a service. The Planning Commission held a public hearing on this item at its April 7, 2010, meeting. The public hearing was opened, no comments from the public were taken, and the hearing was closed. The Commission voted unanimously to recommend the approval of the proposed amendments. The City did received one comment from the director of the Minnesota Multi Housing Association as to how this was going to be enforced. Mr. Lovelace stated the property would be CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 14 assessed and a reasonable amount of time will be considered to bring the property into compliance depending on the problem. The group is working with the Police Department and with housing code and concerns with rental properties as well. Ms. Lisa Peilen, Director of Municipal Affairs from the Minnesota Multi Housing Association, addressed the Council. She stated that when she became aware of the ordinance proposal, she sent it to members who had property in Apple Valley. She asked if there were major expenditures for repairs as part of a maintenance project, which tends to be budgeted over a number of years, would this be something the City would be willing to work with and she feels the answer was satisfactory. MOTION: of Grendahl, seconded by LaComb, adopting Ordinance No. 888 amending Section 155.360 of the City Code regulating property maintenance regulations. Ayes -5- Nays -0. RESIGNATION OF PARKS AND RECREATION ADVISORY COMMITTEE MEMBER Mr. Randy Johnson reviewed a memo dated May 7, 2010, stating Parks and Recreation Advisory Committee Member Tina Rankin resigned effective immediately. He stated Tina has been an excellent contributing member of this Committee since August 1985. Mayor and Council thanked Ms. Rankin for her 25 years of dedicated service. MOTION: of Grendahl, seconded by Goodwin, accepting the resignation of Parks and Recreation Advisory Committee Member Tina Rankin, directing staff to post the Parks and Recreation Advisory Committee vacancy, and inviting individuals interested in serving on the Parks and Recreation Advisory Committee to submit an application to the City Clerk on or before June 25, 2010. Ayes - 5 - Nays - 0. OTHER STAFF ITEMS Mr. Lawell stated the City of Apple Valley is one of the members of the ALF Ambulance operation together with the Cities of Lakeville and Farmington and effective this month Councilmember Bergman is now the Chair of that organization. Councilmember Bergman wanted to inform the public that the Dakota Communications Center (DCC) current director, Kent Therkelsen, will be retiring in June. There will be a meet and greet with the six potential candidates on May 18 and an interview process will take place on May 19. The decision will be made on May 27 as who the new director will be for the DCC. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk's memo dated May 10, 2010, and noting that each CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2010 Page 15 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 28, 2010, in the amount of $440,763.49; May 5, 2010, in the amount of 876,593.52; and May 12, 2010, in the amount of $482,970.33. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:54 o'clock p.m. Respectfully Submitted, /.14.L-,P),‘,s, Jo .yrl e Murphy, Deputy City 9 lerk Approved by the Apple Valley City Council on 5- 21-10