Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 22nd, 2003, at 8:00 o'clock p.m., at Apple Valley Municipal Center.

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

ABSENT: Councilmember Grendahl.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks & Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, 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 Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - 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 Bergman, seconded by Erickson, approving all items on the consent agenda with no exceptions; noting that Bergman was abstaining on a donation to the cemetery and that Hamann-Roland was abstaining on personnel items. Ayes - 4 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Erickson, approving the minutes of the regular meeting of May 8th, 2003, as written. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2003-95 accepting, with thanks, the donation of $300.00 from John and Kay Bergman toward the purchase of landscaping materials for Lebanon Cemetery. Ayes - 3 - Nays - 0 (Bergman Abstained).

MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2003-96 accepting, with thanks, the donation of a 1986 Mercury Marquis automobile, valued at $1,530.00, from Susan Ebert, 7351 West 146th Way, for use by the Fire Department in training. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, approving issuance of a temporary license for an outdoor special event to H.O. C., Inc., d/b/a Rascals Apple Valley Bar & Grill, on June 27, 2003, from 5:00 p.m. to 12:00 midnight, for use in the parking lot at 7721 West 147th Street; and approving temporary street closings for a car show, with conditions, as described in the City Clerk's memo dated May 19, 2003. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, approving a Joint Powers Agreement with Dakota County for the 2003 Wetland Health Evaluation Program, at a cost of $3,850.00, as attached to the Natural Resources Coordinator's memo dated May 21, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, approving a Contract for Services with Dan Bale as Team Leader for the 2003 Wetland Health Evaluation Program, at a fee of $2,000.00, as attached to the Natural Resources Coordinator's memo dated May 22, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2003-97 receiving the preliminary engineering feasibility report for Project 02-202, 153rd Street (Dodd Road) Construction Between Easter Avenue and Diamond Path, and setting a public hearing on it, at 8:00 p.m., on June 12, 2003. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2003-98 directing the City Engineer to prepare plans and specifications for Project 02-202, 153rd Street (Dodd Road) Construction Between Easter Avenue and Diamond Path. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2003-99 awarding the contract for Project 03-215, Knob Ridge Business Park Utility Improvements, to Three Rivers Construction, Inc., the low bidder, in the amount of $329,696.50. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, accepting the Reroofing Project for Redwood Community Center as final and authorizing final payment on the Contract with Dun-Rite Roofing Company, Inc., in the amount of $17,500.00. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, approving a 2003-2004 Contract with SafeAssure Safety Consultants, Inc., for safety consulting services, in the amount of $9,990.00, as attached to the Human Resources Manager's memo dated May 19, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated May 22, 2003. Ayes - 3 - Nays - 0 (Hamann-Roland Abstained).

END OF CONSENT AGENDA

$1,905,000 TAXABLE TAX INCREMENT REFUNDING BONDS OF 2003

Steve Mattson, of Northland Securities, fiscal consultant for the City, was present and reviewed his company's offer to purchase General Obligation Taxable Tax Increment Refunding Bonds of the City in a negotiated sale. The refunding bonds are proposed to refinance a 1995 bond issue and reduce the average interest rate from 8.806 percent to 3.9064 percent. The term of the bond issue will also be shortened by three years and result in net savings of $697,784.15 to the City.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2003-100 providing for the issuance and sale of the City's $1,905,000 General Obligation Taxable Tax Increment Refunding Bonds of 2003 to Northland Securities, Inc., at a net effective interest rate of 4.1510 percent, and authorizing execution of the necessary documents to complete the sale. Ayes - 5 - Nays - 0.

2003 SPECIAL ASSESSMENT ROLL 515

Mayor Hamann-Roland called the public hearing to order, at 8:06 p.m., on Special Assessment Roll No. 515 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated May 19, 2003, describing the assessment roll, totaling $68,254.72, for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:07 p.m.

MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 2003-101 approving and levying 2003 Special Assessment Roll No. 515, delinquent utility charges, in the total amount of $68,254.72. Ayes - 4 - Nays - 0.

REGATTA PARK GRADING

Mr. Gordon reviewed his memo dated May 19, 2003, describing a proposal to relocate and lower a segment of Williams Pipeline at the northeast corner of Regatta Park. Fischer Sand & Aggregate would do the relocation and grading work at no cost to the City; leveling an existing hill on the property. Playing fields that have been constructed in the park would not be affected. A letter has been sent to the surrounding neighborhood informing them of the potential work. No issues have been raised by residents receiving the notification or by the Parks and Recreation Advisory Committee.

MOTION: of Erickson, seconded by Goodwin, approving a Grading Permit Agreement with Fischer Sand & Aggregate for grading and trenching to relocate a segment of Williams Pipeline on Outlot C, Regatta, as attached to the City Engineer's memo dated May 19, 2003; subject to modifications acceptable to the City Attorney and City Administrator, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

ORDINANCE AMENDING ADULT ENTERTAINMENT REGULATIONS

Mr. Kelley reviewed his memo dated May 15, 2003, concerning a proposed ordinance amending Chapter 110 of the City Code regulating Adult Entertainment Businesses. The amendment strengthens language prohibiting patronage by minors, requires inventory reporting, and limits visibility of merchandise from outside of the premises. Since there is now no adult business licensed in the City, he recommended that the Council waive a second reading of the ordinance and pass it.

MOTION: of Goodwin, seconded by Erickson, waiving the procedure for a second reading and passing Ordinance No. 725 amending City Code Chapter 110 regarding adult entertainment businesses by revising certain licensing and operating conditions.

Councilmember Goodwin said he appreciated ongoing review of these regulations and would like them to be a tight as possible. The Council asked that court rulings continue to be monitored and any further recommended changes be brought forward.

Vote was taken on the motion. Ayes - 4 - Nays - 0.

COMMUNICATIONS & CALENDAR

The Council discussed issues related to abandoned houses and property maintenance and asked whether there is more enforcement that can be done. Mr. Lawell said Code Enforcement has been looking at properties, with respect to enforcing property maintenance regulations. In most cases, property that people have had issues with is still in compliance as far as roofs, windows, siding, etc, are concerned.

Mr. Dougherty said Minneapolis's ordinance, related to registering vacant houses, is being reviewed to determine if it has provisions that might be applicable in Apple Valley. It was also noted that changes in language in the City Code describing the height of grass and weeds might need to be made for clarification.

The Council received a memo dated May 19, 2003, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers dated May 15, 2003, in the amount of $13,824,012.69; and May 22, 2003, in the amount of $5,516,127.27. Ayes - 4 - Nays - 0.

CANCEL INFORMAL MEETING

MOTION: of Bergman, seconded by Erickson, canceling the 6:30 p.m. informal meeting of June 12, 2003; noting the regular meeting at 8:00 p.m., on June 12, 2003, will be held. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0.

The meeting was adjourned at 8:29 o'clock p.m.