Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 8th, 2004, 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 Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant Planner Dykes, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, and Human Resources Manager Strauss.

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 Bergman, 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. There was no one was present to speak.

CONSENT AGENDA

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

CONSENT AGENDA ITEMS

MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of December 30th, 2003, as written. Ayes - 4 - Nays - 0 (Hamann-Roland Abstained).

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-1 accepting, with thanks, the donation of $3,000.00 from Apple Valley American Legion, Post 1776, for use by the Parks and Recreation Department toward sponsorship of the Senior Citizens' Holiday Party. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-2 accepting, with thanks, the donation of cash and prizes from various businesses and organizations for the Mid-Winter Fest Celebration. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-3 approving renewal of the two-year Minnesota Lawful Gambling Premises Permit for Apple Valley American Legion Post 1776, at 14521 Granada Drive, and waiving any waiving period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolutions No. 2004-4, 2004-5, 2004-6, 2004-7, and 2004-8 approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley Sons of American Legion, Squadron 1776, for use on February 14, April 10, July 4, October 9, and November 11, 2004; respectively, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-9 designating Apple Valley Thisweek as the official newspaper of the City for the year 2004. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-10 designating Anchor Bank of Apple Valley as the official depository for City funds for the year 2004 and accepting its deposit collateral. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-11 designating as additional depositories for City funds for the year 2004: US Bancorp of Minneapolis; Wells Fargo Bank; Northland Securities, Inc.; Dain Bosworth; Edward D. Jones & Co.; Harvestons Securities, Inc.; Anchor Bank; Robert W. Baird & Co., Inc.; Finacorp Securities; and MorganStanley. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-12 appointing Northland Securities, Inc., as the City's bond consultant for the year 2004. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-13 approving the fiscal year 2004 Community Development Block Grant (CDBG) Application to Dakota County for funding the manufactured home down payment/replacement program, in the amount of $161,338.00. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, approving revised City Engineer's fees for 2004 engineering services as attached to the Public Works Director's memo dated January 8, 2004. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, approving a three-year Municipal Delegation Agreement with the Minnesota Department of Administration for Building Code Administration on public buildings and state-licensed facilities, as attached to the Building Official's memo dated January 8, 2004, and authorizing the City Administrator to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-14 receiving the preliminary engineering report for Project 03-228, Wensmann 13th Addition (Mid-Town Village) Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on February 12, 2004. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-15 directing the City Engineer to prepare plans and specifications for Project 03-228, Wensmann 13th Addition (Mid-Town Village) Utility and Street Improvements. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, accepting Project 01-156, Majestic Oaks Utility and Street Improvements, as final and authorizing final payment on the contract with Northwest Asphalt, Inc., in the amount of $12,198.77. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, approving reduction of the financial guarantee for The Timbers from $33,625.00 to $23,625.00. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-16 approving specifications for 2004 Mowing and Trimming Maintenance Services on Various Properties and authorizing advertising for receipt of bids, at 2:00 p.m., on February 4, 2004. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2004-17 awarding the contract for 2004 through 2006 Water Management Program Services at Outdoor Municipal Pools to Hawkins, Inc., d/b/a Hawkins Water Treatment Group-Minneapolis, based on its proposal received December 23, 2003. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, approving a Contract with Dakota County for use of Sentenced to Service Program Work Crews for 2004, as attached to the Park Maintenance Superintendent's memo dated January 8, 2004, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

CEDAR AVENUE CORRIDOR TRANSITWAY STUDY

Gene Franchett, Dakota County Transportation Planner, and Rick Nau, URS Project Consultant, presented a report regarding the Cedar Avenue Corridor Transitway Study. The study concluded that Bus Rapid Transit (BRT) is the favored alternative for transit extending from the Mall of America through Apple Valley to approximately County Road 70/185th Street in Lakeville. This final phase of the study is looking at alternatives for implementation.

The recommendation is for a combination of express bus service and feeder service to transit hubs. Buses would use the outside lanes of Cedar Avenue between the Mall of America and Highway 13. Between Highway 13 and 138th Street, they are considering using lanes in the center median. Between 138th Street and Dodd Road, Cedar Avenue would need to be widened and outside shoulders used. Outside shoulders would continue to be used to the south.

County Commissioner Branning, who is also Chair of Dakota County Regional Rail Authority, was present and invited everyone to attend a public open house on the study, at the Western Service Center, on February 12, 2004, from 4:30 to 7:30 p.m. The intent is to make a final recommendation by March 1, 2004. Public involvement in the process is being solicited and a newsletter and news releases providing information are being distributed.

Councilmember Erickson said he supports transit, but will continue to state the need for widening Cedar Avenue to six lanes all the way to County Road 30. This expansion needs to be included in future transportation planning.

Commissioner Branning thanked the Council for its input. A request for $20,000,000 of bonding authority is being made to the Legislature to fund design and implementation and they will be requesting support from the cities for the bonding bill. Mr. Franchett encouraged anyone with questions or comments to contact him or attend the public meeting February 12th.

DAKOTA COUNTY 2025 TRANSPORTATION PLAN

Mr. Kelley reviewed his memo dated January 5, 2004, concerning Dakota County's update of it s 2020 Transportation Plan into the 2025 Transportation Plan. The Plan identifies current capacity of the system; estimates future demand based on projected growth, and arrives at system deficiencies which then need to be addressed in a variety of ways. It then establishes policies that will affect the system's operation and improvement. He prepared a resolution outlining the City's comments on the Plan, in 16 points, that need to be submitted by January 16, 2004.

MOTION: of Erickson, seconded by Grendahl, adopting Resolution No. 2004-18 officially submitting the City's comments on the draft Dakota County 2025 Transportation Plan as further detailed in the 16 points contained in the resolution. Ayes - 5 - Nays - 0.

BLUNDETTO AUD CONDITIONAL USE PERMIT & VARIANCE

Ms. Dykes reviewed the Planning Commission recommendation on the application of Frank Blundetto for a building height variance and Conditional Use Permit for an Accessory Unit Dwelling (AUD) at 12969 Diamond Path. She reviewed the criteria for an AUD, one condition of which is that it must be serviced by municipal sewer and water. A public hearing on installation of these improvements is scheduled for January 22, 2004.

The proposed AUD is larger than 40% of the footprint of the primary residence, at approximately 46%, but it will be 34% of the total living area. The ordinance allows an increased size beyond the 40% provided the expanded residence is in keeping with the surrounding neighborhood which this proposal meets due to the three-acre lot. A variance to the building height maximum was also recommended due to the topography and minimizing grading on the site.

MOTION: of Goodwin, seconded by Bergman, granting a height variance to allow reconstruction of a house at 12969 Diamond Path, with a building height of 46 feet on the south side, instead of 35 feet, due to topography as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Grendahl, adopting Resolution No. 2004-19 approving issuance of a Conditional Use Permit for an 1,100 square-foot Accessory Unit Dwelling at 12969 Diamond Path, subject to the property being serviced by municipal sanitary sewer and water and other conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

2004 ACTING MAYOR

MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2004-20 appointing Councilmember Erickson to serve as Acting Mayor, in the absence of the Mayor, for the year 2004. Ayes - 4 - Nays - 0 (Erickson Abstained).

SET INFORMAL MEETING

On December 30, 2003, the Council tabled consideration of the proposed Dahle Oaks subdivision to allow the developer to meet with the neighborhood to discuss the proposal. Mr. Lawell advised the Council that if they desire to attend the meeting, scheduled for January 13, 2004, at 7:00 p.m., it should be set as an informal meeting. Councilmember Goodwin asked that neighbors also be given the opportunity to submit written comments on the proposal.

MOTION: of Goodwin, seconded by Erickson, setting an informal meeting, at 7:00 p.m., on January 13, 2004, at the Municipal Center, for the purpose of receiving information on the proposed Dahle Oaks subdivision at 12810 Galaxie Avenue. Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

The Council received a memo dated January 5, 2004, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Grendahl, seconded by Bergman, to pay the claims and bills, check registers dated December 31, 2003, in the amount of $13,665,995.47; and January 8, 2004, in the amount of $1,457,323.18. Ayes - 5 - Nays - 0.

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

The meeting was adjourned at 8:35 o'clock p.m.