Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 28th, 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 Dougherty, City Engineer Fick, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Police Captain Lohse, 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 led by members of Boy Scout Troop 205.

APPROVAL OF AGENDA

MOTION: of Goodwin, seconded by Bergman, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0.

AUDIENCE - METROPOLITAN COUNCIL APPLICANT

Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. Brian McDaniel, one of two finalists for Metropolitan Council District 16 appointment, was present to introduce himself. He is a resident of Apple Valley and is currently Director of Fiscal Policy for the Minnesota Business Partnership. The Governor is expected to make the appointment early next week.

CONSENT AGENDA

MOTION: of Bergman, seconded by Goodwin, 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 August 14th, 2003, as written. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-153 accepting, with thanks, the donation of $2,000.00 from the MJM Foundation towards training and materials for the Cardiac Emergency Partnership Automatic External Defibrillator program. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-154 accepting, with thanks, the donation of a preliminary breath tester from the Minnesota Department of Public Safety for use in the Police Department Safe & Sober Campaign. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-155 approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to the Minnesota Visiting Nurse Agency, for an event on November 19, 2003, at the Minnesota Zoo, 13000 Zoo Boulevard; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing disposing of surplus vehicles, no longer of use to the City, by selling them at the Dakota County public auction on September 27, 2003, and authorizing the Mayor and City Clerk to sign a contract with Dakota County for the auction services as attached to the Public Works Supervisor's memo dated August 25, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving reduction of financial guarantees for: Dahle Pines, from $150,687.00 to $10,000.00; Palomino Cliffs 2nd NRMP, from $6,900.00 to 0, and the Browning Complex, from $9,880.25 to $2,000.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolutions No. 2003-156 receiving the preliminary engineering feasibility report for Project 03-219, Diamond Gates Utility and Pathway Improvements, and setting a public hearing on, at 8:00 p.m., on September 25, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Richard Knutson, Inc., for Project 00-164, The Legacy of Apple Valley Utility and Street Improvements, in the amount of an additional $126,441.40. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Keys Well Drilling for Project 02-208, Deep Wells 5, 10, and 14 and Water Treatment Plant Low Zone 4 Pump Maintenance, in the amount of an additional $18,461.87. 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 August 28, 2003. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

POLICE OFFICER BECKSTROM RETIREMENT

Police Chief Johnson commented on Police Officer Dave Beckstrom's 28-year career with the City. Mayor Hamann-Roland and the City Council congratulated him on his retirement and thanked him for his service. He was presented with an engraved "Key to the City" and a pewter apple recognizing his service to the City.

NEW POLICE OFFICER TIETZ OATH OF OFFICE

Police Captain Lohse introduced Mike Tietz, the newest Police Officer to join the Department. He began as a Community Service Officer in October of 2002 and has now become an Officer. The City Clerk administered the oath of office to Officer Tietz. Police Chief Johnson commented on the badge that was being received and retired Officer Beckstrom pinned the badge on Officer Tietz. The Mayor and City Council welcomed him to his position with the City.

FIREFIGHTERS' RELIEF ASSOCIATION BOOYA FUND RAISER

Fire Chief Wassmund described activities planned for the Firefighters' Relief Association 25th annual "Booya" fund raiser and commented that all members of the Department, retirees, auxiliary, explorers, and families participate. He showed photos of preparations for last year's event and invited everyone to attend on September 20, 2003, at Fire Station No. 1. Serving begins at 11:00 a.m.

MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 2003-157 approving issuance of a issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to the Apple Valley Firefighters' Relief Association, for an event on September 20, 2003, at 15000 Hayes Road; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

PROJECT 02-202, 153RD STREET (DODD ROAD) RECONSTRUCTION

Mr. Fick reviewed the engineering memo dated August 25, 2003, concerning revising plans for Project 02-202, 153rd Street (Dodd Road) Reconstruction. When plans were prepared for the project it was believed that property owners on both sides of the street would dedicate the right-of-way. Fischer Sand & Aggregate, the property owner on the north side, is not willing to dedicate at this time, but will need the road for development in a couple of years. Cobblestone Lake needs the road as a second access point for its development.

As an option, 153rd Street can be relocated south of the property line and constructed on existing right-of-way. The west end would be constructed as a temporary two-lane roadway connecting to Easter Avenue. When 153rd Street is extended to Pilot Knob Road this portion of the street would be reconstructed. He reviewed the location of the existing right-of-way for Dodd Road and easements.

Scott McMahon, of Tradition Development, was present and said they support the option and require the access to continue with the Cobblestone Lake development.

MOTION: of Goodwin, seconded by Grendahl, approving an addendum to the plans and specifications for Project 02-202, 153rd Street (Dodd Road) Construction East of Easter Avenue, for temporary roadway construction and extending the date for receiving bids to September 4, 2003, at 2:00 p.m. Ayes - 5 - Nays - 0.

E-COMMERCE READY CERTIFICATION APPLICATION

Mr. Grawe reviewed his memo dated August 28, 2003, concerning Dakota County's initiative to receive E-Commerce Ready Certification on a Countywide basis. As part of this effort, individual cities need to complete surveys and submit applications. Once communities have received the Certification on an individual basis, the County will be able to be certified as a whole. The survey covers availability and potential use of the Internet and related information technologies for economic development and the community as a whole.

MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2003-158 supporting submission of the City's E-Commerce Ready Certification Application to the Minnesota Department of Employment and Economic Development (DEED). Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

The Council received a memo dated August 25, 2003, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated August 21, 2003, in the amount of $14,200,564.99; and August 28, 2003, in the amount of $8,822,625.62. Ayes - 5 - Nays - 0.

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

The meeting was adjourned at 8:36 o'clock p.m.