Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 25th, 2003, at 8:00 o'clock p.m., at Apple Valley Municipal Center.

PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl.

ABSENT: None.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills, City Engineer Fick, Finance Director Ballenger, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Strauss, and Fire Chief Wassmund.

Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag.

APPROVAL OF AGENDA

MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight's meeting as presented. Ayes - 5 - Nays - 0.

AUDIENCE

Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one was present to speak.

CONSENT AGENDA

MOTION: of Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of November 13th, 2003, as written. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-202 approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to the School of Environmental Studies Education Foundation, for an event on January 15, 2004, at 12155 Johnny Cake Ridge Road; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-203 setting a public hearing, at 7:00 p.m., on December 8, 2003, on the application of The Noodle Shop Co.-Colorado, Inc., d/b/a Noodles & Company, for new on-sale wine and 3.2 percent malt liquor licenses at 14879 Florence Trail. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the revised Dakota County Mutual Aid Fire Services Agreement, as attached to the Fire Chief's memo dated November 20, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a Settlement Agreement and Release with Vision Software, Inc., as attached to the Police Chief's memo dated November 21, 2003; for Police and Fire computer software purchased under an agreement dated September 25, 1997; approving final payment of $82,623.00, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-204 authorizing writing off $2,479.22 of non-sufficient funds checks against City operations for the year 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing the expenditure of $173,290.00 from the Park Dedication Fund for Legacy Park Phase 1 Construction, Southern Athletic Complex Concept Plan, and Apple Valley East Park Revision Plan as described in the Parks and Recreation Director's memo dated November 20, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the 2004 annual excavation permit for commercial sand and gravel mining operations by Aggregate Industries, Inc., east of Pilot Knob Road, as recommended in the Community Development Director's memo dated November 20, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-205 approving the final plat and Development Agreement for The Legacy of Apple Valley Second Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-206 approving the final plat and Development Agreement for The Legacy of Apple Valley Third Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-207 authorizing distribution of the Environmental Assessment Worksheet (EAW) for the proposed development known as "Legacy Village North", located north of 153rd Street between Galaxie Avenue and Foliage Avenue, and directing review of the document by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, granting a one-year extension of the site plan/building permit authorization for McDonald's Restaurant on Lot 1, Block 1, Levine Subdivision No. 2, subject to the conditions of Resolution No. 2002-182 and revised site plans dated October 15, 2003; as described in the City Planner's memo dated November 21, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-208 setting a public hearing, at 8:00 p.m., on December 30, 2003, to consider vacating part of a drainage and utility easement on Lot 13, Block 3, Carrollton Estates 2nd Addition. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving reduction of financial guarantees for Palomino Ease Apartments, from $154,225.00 to $44,225.00; and Lebanon Hills Campground, from $1,200.00 to 0. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving acquisition of a Right-of-Way, Drainage and Utility Easement on part of Lot 32, Block 3, Carrollton Estates 4th Addition, at the intersection of 147th Street and Haven Drive, and authorizing payment of $1,000.00 to Gordon and Gorda Olsen. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-209 receiving the preliminary engineering report for Project 03-240, North Farquar Lake Sanitary Sewer Improvements, and setting a public hearing on it, at 8:00 p.m., on January 22, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-210 approving specifications for Project 03-242, Well Pumps No. 8, 12, 13, and HZ2 Maintenance, and authorizing advertising for receipt of bids, at 2:00 p.m., on December 11, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-211 approving specifications for a Diesel Standby Generator Set and Installation at Deep Well No. 10 and authorizing advertising for receipt of bids, at 2:00 p.m., on December 11, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting the contract for Concrete Removal and Replacement Services as final and authorizing final payment to Minnesota State Curb-Gutter Division, AVR, Inc., in the amount of $16,675.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-212 rejecting the only bid received on November 12, 2003, for sale of a 1975 Ford L9000 Fire Pumper Truck (Unit 4983). Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated November 25, 2003. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

2004 ON-SALE LIQUOR AND WINE LICENSE RENEWALS

Mayor Hamann-Roland called the public hearing to order at 8:01 p.m. to consider renewal applications for on-sale liquor and wine licenses for the year 2004 and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the list of the applications as attached to her memo dated November 21, 2003. Necessary checks of police and tax records have been conducted and indicate nothing, which would preclude renewing the licenses.

No action should be taken on the on-sale wine license now held by The Noodle Shop Co.-Minnesota, Inc. A new application for a 2004 license for that restaurant has been submitted by The Noodle Shop Co.-Colorado, Inc. A hearing on that license will be held December 8, 2003.

The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:04 p.m.

MOTION: of Goodwin, seconded by Bergman, approving renewal, for 2004, of on-sale liquor and wine licenses by adopting Resolutions No. 2003-213 for Apple American Limited Partnership of Minnesota, d/b/a Applebee's Neighborhood Grill & Bar; No. 2003-214 for Rich Mgt., Inc., d/b/a Apple Place; No. 2003-215 for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar; No. 2003-216 for H.O.C., Inc., d/b/a Rascals; No. 2003-217 for Lancer Food Service, Inc.; No. 2003-218 for LRB Restaurant Company, d/b/a Grizzly's Grill N' Saloon; No. 2003-219 for Minnesota Robins, Inc., d/b/a Red Robin of Apple Valley; No. 2003-220 for Wadsworth Old Chicago, Inc., d/b/a Old Chicago; No. 2003-221 for RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday; No. 2003-222 for Pickled Parrot II, LLC, d/b/a Pickled Parrot; No. 2003-223 for Apple Valley American Legion Post 1776; No. 2003-224 for Grand Central Station, Inc., d/b/a Broadway Station Apple Valley; No. 2003-225 for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; No. 2003-226 for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack; and No. 2003-227 for JI, Inc., d/b/a Jade Island Chinese Cuisine. Ayes - 5 - Nays - 0.

CENTRAL VILLAGE DESIGN GUIDELINES

Mr. Lovelace reviewed his memo, dated November 21, 2003, concerning the proposed Central Village Design Guidelines. The guidelines would provide the framework for completion of downtown development on properties, comprising approximately 54 acres, around the intersection of 153rd Street and Galaxie Avenue. The Central Village plan is intended to incorporate new urbanism and pedestrian friendly design principles into an integrated mixed-use development. The 90-page document details controls and recommendations for development on specific sites within the Central Village.

After adoption of the guidelines, the area would be rezoned as planned development. The proposed planned development ordinance creates two zones, one for multiple family residential and one for commercial and residential development within mixed-use buildings. A final item being presented is revision to Planned Development Designation No. 716, the Legacy of Apple Valley, to apply the design guidelines to development that has not received approval yet.

The Council discussed whether a joint meeting with the Planning Commission on the guidelines would be beneficial. They concurred that with the amount of time spent on development of the guidelines, a joint meeting is probably not needed prior to their adoption, but indicated they would like to meet after the first of the year to discuss implementation.

Mr. Lovelace said the intent was to have the guidelines and planned development ordinances presented as a first reading tonight. The language and some details will be fine tuned and the final documents brought back for consideration at the meeting of December 8, 2003.

METROPOLITAN COUNCIL'S DRAFT 2030 FRAMEWORK

Mr. Kelley reviewed his memo dated November 21, 2003, concerning the Metropolitan Council's draft 2030 Regional Development Framework. The policies of the Framework will guide the various metropolitan system plans (Transportation, Airports, Wastewater Treatment, and Regional Parks & Open Space) for which the Metropolitan Council is responsible. A public hearing on the 2030 Framework will be held December 3, 2003, and written comments will be taken until December 13, 2003.

Based on previous discussions, he prepared a draft letter to submit formal comments. The letter focused on issues relating to transportation funding, coordination of development in "collar counties", preservation of needed aggregate resources, and new financial resources to support affordable housing.

MOTION: of Erickson, seconded by Goodwin, approving the letter, attached to the Community Development Director's memo dated November 21, 2003, to be submitted as the City's formal comments on the Metropolitan Council's draft 2030 Regional Development Framework. Ayes - 5 - Nays - 0.

SCHEDULE CITY COUNCIL MEETINGS

MOTION: of Erickson, seconded by Bergman, canceling the meeting of December 23, 2003, and setting the last City Council meeting of the year, at 8:00 p.m., on December 30, 2003. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Erickson, setting the 2004 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month, as listed in the City Clerk's memo dated November 21, 2003. Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

Mayor Hamann-Roland announced that Reid Koepp, a member of the City's Cemetery Advisory Committee since its inception, passed away last week

The Council received a memo dated November 21, 2003, with a calendar listing upcoming events.

The Council thanked everyone who helped decorate, set up, and provide entertainment for the "18th Annual Holiday Tree Lighting Ceremony" held prior to the meeting.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated November 19, 2003, in the amount of $597,443.25; and November 25, 2003, in the amount of $26,344,544.49. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.

The meeting was adjourned at 8:38 o'clock p.m.