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HomeMy WebLinkAbout03/28/2019 CITY OF APPLE VALLEY , Dakota County, Minnesota March 28, 2019 � Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 28, 2019, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Go�odwin, Grendahl, and � Hooppaw. ABSENT: None. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Dahlstrom, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, and Planner/Econ. Dev. Specialist Sharpe. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scouts Stuart Milne and Andrew Seppelt from Troop 293. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Hooppaw, 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 Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS . MOTION: of Bergman, seconded by Grendahl, approving the ininutes of the regular meeting _ of March 14, 2019, as written. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the Parks and Recreation Department's 2018 annual report. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the Parks and Recreation Advisory Committee's 2018 annual report. Ayes - 5 -Nays - 0. i . ' CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 2019 . � Page 2 � MOTION: of Bergman, seconded by Grendahl, receiving the Planning Commission's 2018 annual report. Ayes - 5 -Nays - 0. , MOTION: ,of Bergman, seconded by Grendahl, receiving the Telecommunications Advisory Committee's 2018 annual report. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving continuation of the Commission/ Committee Recognition Program, allowing each non-staff inember of the Cemetery Advisory Committee, Parks and Recreation Advisory Committee, Planning Commission, Telecommunications Advisory Committee, Traffic Safety Advisory Committee, and Urban Affairs Advisory Committee to receive up to $720.00 of parks and recreation services, for 2019, as described in the Park and Recreation Director's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-39 approving the delegatiori of authority for paying claims. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, continuing consideration of the Springs at Cobblestone Lake sign setback and height variance request until Apri125, 2019. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-40 approving . � designating Everrrioor Parkway as a Municipal State Aid Street from Diamond Path (CSAH 33)to the east City limit(City of Rosemount). Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-41 amending Resolution No. 1976-63 restricting parking along a portion of Baldwin Drive. Ayes - S -Nays - 0. � MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-42 approving plans and specifications for Project 2018-133, Cobblestone Manor(AL-P3) Stormwater Improvements for Alimagnet Lake, and authorizing advertising for receipt of bids, at 10:00 a.m., on Apri123, 2019, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-43.approving plans and specifications for Project 2018-134, Sunset Pond(AL=P8) Stormwater Improvements for Alimagnet Lake, and authorizing advertising for receipt of bids, at 10:00 a.m., on April 23, 2019, via a posting on the C'ity's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-44 awarding the agreement for Project 2019-101, 2019 Street and Utility Improvements, to McNamara Contracting, Inc.,the lowest resporisible bidder, in the amount of $3,102,402.90. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 2019 Page 3 MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-45 awarding the agreement for Project 2019-114, Family Aquatic Center Pool Shell Repair,to USA Construction, LLC, the lowest.responsible bidder, in the amount of , $159,860.00. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-46 awarding ' the agreement for Project 2019-121, Lebanon Cemetery Boundary Fence, to Pember Companies, Inc., the lowest responsible bidder, in the amount of $260,924.40. Ayes - 5 -Nays - 0. " MOTION: of Bergman, seconded by Grendahl, approving the Joint Powers Agreement with Dakota County and the Cities of Apple Valley, Burnsville, Eagan and Lakeville, d/b/a Dakota Valley Recycling for 2019 Waste Abatement Community Funding, as attached to the Assistant Eity Administrator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-47 approving the Joint Powers Agreement with the State of Minnesota for Minnesota Internet Crimes Against Children (ICAC) Task Force. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Joint Powers Agreement with , , Dakota County for Sentence to Service Program Work Crews in 2019, as attached to the Parks and Recreation Director's memo, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the agreement for lease-to-own � equipment with MTI Distributing, Inc., and authorizing trade-in of Toro equipment as part of the agreement, as attached to the Parks and Recreation Director's memo, and authorizing the Mayor, City Clerk, and Finance Director to sign the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change�Order No. 1 to the agreement with Pro-Tec Design, Inc., for Central Maintenance Facility Security Camera System, in the amount of an additional $2,388.32. Ayes - 5 -Nays - 0. MOTION: of Bergman, secondeci by Grendahl, approving Change Order No. 1 to the ' agreement with Pro-Tec Design, Inc., for Valleywood Security Camera System, in the amount of an additional $1,453.76. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-48 amending the 2019 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated March 28, 2019. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota � March 28, 2019 Page 4 MOTION: of Bergman, seconded by Grendahl,to pay the claims and bills, check registe'rs dated March 7, 2019, in the amount of$742,893.73, and March 13, 2019, in the ' amount of$868,882.56. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PICKLEBALL COURTS AT HAYES PARK Mr. Bernstein introduced this item and provided a brief history on the operation of pickleball courts at Hayes Park. He reviewed comments from the neighborhood regarding pickleball, results � from the sound study, and actions taken to reduce the noise impact. He then reviewed the recommendations of the Parks and Recreation Advisory Committee from July 19, 1018, a � comparison of pickleball courts from surrounding communities, and data from the sound mitigation study. Mayor Hamann-Roland asked if 10 dB would equal approximately 50 percent of the noise. Mr. Ryan Skoug, from ESI Engineering, said subjectively 10 dB of reduction in noise is roughly about 50 percent as loud as the baseline. Mr. Bernstein then presented options for the City Council to consider. � • Councilmember Bergman asked if there was a reduction in play times, what the cost would be and how it would be monitored. Mr. Bernstein said there is not a great answer at this time, but staff would make every effort to carry out the Council's directives. Councilmember Bergman commented on the play times proposed by the Parks and Recreation Advisory Committee,noting they are more restrictive than those in the Cities of Burnsville, Eagan, and Lakeville. Discussion followed. MOTION: of Grendahl, seconded by Hamann-Roland, adopting Resolution No. 2019-49 addressing the operation and improvement of pickleball courts located at Hayes Park, as recommended by the Parks and Recreation Advisory Committee. Mayor Hamann-Roland said she recently met with a couple members from the neighborhood. Mr. Westley Dayus, 169 Strese Lane,presented the suggestions that came from the neighborhood meeting with the Mayor and City Administrator. Discussion continued.' � CITY OF APPLE VALLEY Dakota County, Minnesota . March 28, 2019 Page 5 Mayor Hamann-Roland pointed out that if noise attenuat'ion fabric is installed at Hayes Park and the pickleball courts are relocated, the fabric could be used at the new location. Discussion continued on how much of an impact the noise attenuation fabric barrier would have. Councilmember Goodwin said several new ideas have been brought up before he has been given a chance to discuss his proposed resolution. He thinks it is very confusing to have new information presented without sufficient time to review it. Discussion continued. � Councilmember Hooppaw said he wants to be.careful not to be too restrictive on weekend and holiday play so people who work during the day can also use the courts. He then proposed amending the resolution to include the five suggestions listed in the handout titled"Additional Pickleball Noise Mitigation Ideas for Consideration" and revising the hours of play originally listed in No. 2 of the handout to be from 9:00 a.m. to 7:00 p.m. , Monday through Friday, 9:00 a.m. to 5:00 p.m. on Saturday, and 12:00 noon to 5:00 p.m. on Sundays. He further suggested that instead of the updated sound attenuation study determining whether a 10 dB noise reduction was achieved as listed in No. 2 of the handout, or any other specific measurement,that a preferred goal would be to come closer to the ambient noise levels. � Councilmember Goodwin noted other communities are starting pickleball play earlier in the day. He suggested an 8:30 a.m. start time. ? Councilmember Grendahl and Mayor Hamann-Roland said they accepted Councilmember Hooppaw's suggestions to the resolution as a friendly amendment, and their motion on the floor to approve the resolution recommended by the Parks and Recreation Advisory Committee now includes said amendments as stated by Councilmember Hooppaw. The amended hours of play would supersede the hours of play as originally listed in the ' resolution. However, if the noise reduction is not achieved, the hours would revert to those recommended by the Parks and Recreation Advisory Committee on July 19, 2018: The City Clerk recapped the amendment to the motion which included the amendments to the resolution recommended by Councilmember Hooppaw. Councilmember Bergman said he agreed with Councilmember Goodwin's suggestion of an 8:30 a.m. start time and would also like to extend the hours to 7:30 p.m. The City Council continued discussion. Mr. Charlie Colin, 137 Surrey Trail, noted the pickleball players were not informed of the recent meeting with staff and the neighborhood. He said pickleball players appreciate the , early morning hours because it is not as hot. He requested the Council come to the pickleball courts some morning around 9:00 a.m. to hear what the players have to say. CITY OF APPLE VALLEY Dakota County, Minneso�a ' March 28, 2019 Page 6 Councilmember Grendahl commented on the repairs that need to be made to the courts at Hayes Park. � Ms. Mary Moore, 16360 St. Francis Lane, Prior Lake, commented on the players' language used on the courts and the possibility of improvements on private properties. Discussion followed. Councilmember Goodwin again suggested increasing the hours of play., Vote was taken on the motion: Adopting Resolution No. 2019-49 addressing the operation and improvement of pickleball courts located at Hayes Park, as amended. Ayes - 3 -Nays - 2 (Goodwin and Bergman).� ORDINANCE AMENDING CHAPTER 155 Ms. Bodmer gave the first reading of an ordinance amending Chapter 155, Zoning, of the City Code regulating building construction standards, fences, and accessory buildings and structures. The amendments are needed to bring Chapter 155 into conformance with the provisions of the Minnesota State Building Code (MSBC). The Planning Commission reviewed this item on March 6, 2019, and voted unanimously to recommend approval. MOTION: of Hooppaw, seconded by Grendahl; waiving the procedure for a second reading and passing Ordinance No. 1057 amending Chapter 155 of the City Code regulating building construction standards, fences, and accessory buildings and structures. Discussion followed. � Vote was taken on the motion: Ayes - 5 -Nays - 0. ORDINANCE AMENDING SIGNS IN AGRICULTURAL ZONING DISTRICTS Ms. Bodmer gave the first reading of an ordinance amending Chapter 154, of the City Code regulating signs allowed in"A" (Agricultural) zoning districts. Pahl's Market, located at 6885 160th Street W., would like to replace their existing free-standing sign along 160th Street. - MOTION: of Goodwin, seconded by Grendahl,waiving the procedure for a second reading and passing Ordinance No. 1058 amending Chapter 154 of the City Code regulating signs allowed in"A" (Agricultural) zoning districts. Ayes - 5 -Nays - 0. ORDINANCE AMENDING DIGITAL SIGNS Mr. Sharpe gave the first reading of an ordinance amending Chapter 154 of the CiTy Code regulating digital signs. The Planning Commission reviewed this item on March 6, 2019, and CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 2019 Page 7 voted unanimously to recommend approval. The Chamber of Commerce also supports the amendment. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1059 amending Chapter 154 of the City Code regulating digital signs. Mayor Hamann-Roland noted that the amendment would allow multi-color signs that can change every minute. Vote was taken on the motion: Ayes - 5 -Nays - 0. COMMUNICATIONS Mayor Hamann-Roland congratulated Stephanie Marschall on receiving her Certified Municipal Clerk of Minnesota(MCMC) certificate. She then invited everyone to the Apple Valley Home & Garden Expo on Apri16, 2019, from 9:00 a.m. to 3:00 p.m. at Eastview High School. CALENDAR OF UPCOMING EVENTS __ MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:44 o'clock p.m. Respectfully Submitted, P -�� Pamela J. Gac s tte ity Clerk � Approved by the Apple Valley City Council on �-I l-l� Tom Goodwin, Acting Mayor