Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 12th, 2004, 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 Planner Bodmer, Assistant Planner Dykes, 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 Bergman, approving the agenda for tonight's meeting as presented. 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 Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of January 22nd, 2004, as written. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the special meeting of January 28th, 2004, as written. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-36 accepting, with thanks, the donations of cash and prizes from businesses and organizations, listed in the attachment, for use toward sponsorship of the Mid-Winter Fest Celebration. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, receiving the Cemetery Advisory Committee's 2003 annual report. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-37 approving the Feature Area Policy and Guidelines by which feature areas/memorials located within Lebanon Cemetery will be evaluated and approved. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving issuance of a 2004 On-Sale 3.2 Percent Malt Liquor License to Joel Watrud, d/b/a Apple Valley Golf Course, at 8661 West 135th Street. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the 2004 annual excavation permit for commercial sand and gravel mining operations by Fischer Sand & Aggregate, LLP, on the central mining area and former Barton mining area, subject to no operations taking place on the former McNamara property until a conditional use permit stipulating the manner in which operations occur is issued, as recommended in the Community Development Director's memo dated February 6, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a Revised D.A.R.E. and Police Liaison Services Agreement with Independent School District No. 196, for 2003-2004, as attached to the Police Chief's memo dated January 29, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the 2002-04 Cooperation Agreement with Dakota County for participation in the Community Development Block Grant (CDBG) Program, as attached to the City Planner's memo dated February 9, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, granting a one-year extension of the site plan/building permit authorization for Tuscany Apartments on Lot 1, Block 1, The Legacy of Apple Valley 2nd Addition, to expire March 13, 2005, subject to the conditions of Resolution No. 2003-54; as described in the Community Development Director's memo dated February 6, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving an assignment of the Development Agreement for The Legacy of Apple Valley 2nd Addition from Legacy Holdings-AV, LLC, to Tuscany Apartments, LLC as described in the Community Development Director's memo dated February 6, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Change Order/Supplemental Agreement No. 2 to the contract with Ridgedale Electric, Inc., for Project No. 03-226, Revised Signal System at 140th Street and Galaxie Avenue, in the amount of an additional $1,270.00. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the contract with Heselton Construction, LLC, for Project 98-224, Galles Addition Utility and Street Improvements, in the amount of an additional $6,033.62. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting Project 02-215, Knob Ridge Business Park Utility Improvements, as final and authorizing final payment on the contract with Three Rivers Construction, Inc., in the amount of $20,533.29. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-38 awarding the contract for 2004 Mowing and Trimming Maintenance Services on Various City Properties to Southside Lawn and Snow, Inc., the low bidder, in the total amount of $39,956.00. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving an Agreement with TeeMaster Corporation for golf reservation services at Valleywood Golf Course for the period 2004-2006, at an annual fee of $14,000.00, as attached to the Golf Course Manager's memo dated January 6, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing the expenditure of $300,000.00 from the Park Dedication Fund for playground equipment, landscaping, tennis court upgrades, Hagemeister and Delaney Park buildings siding, and other park improvement projects as described in the Parks and Recreation Director's memo dated February 6, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-39 approving specifications for Group Long-term Disability Insurance/Short-term Disability Case Management and authorizing advertising for receipt of proposals by CBIZ Benefits & Insurance Services, Inc., at 3:00 p.m., on March 15, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, appointing Fire Chief Wassmund as the City's representative to the Dakota County Domestic Preparedness Committee as recommended in the City Administrator's memo dated February 9, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring Wayne Criger for the position of Police Officer as listed in the Personnel Report dated February 12, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated February 12, 2004. Ayes - 4 - Nays - 0.

END OF CONSENT AGENDA

AUTOMATED EXTERNAL DEFIBRILLATOR (AED) PROGRAM

Police Officer JoEllen Rutzen, Fire Captain Stew Shepard, and ALF Ambulance Assistant Director Patti McCauley were present to report on the program to encourage the placement of Automated External Defibrillators (AEDs) in businesses throughout the City. The program is supported by the American Heart Association and five additional AEDs are now located in the community. Certificates of recognition were presented to Grace Lutheran Church, Shepard of the Valley Church, Apple Valley American Legion, Anchor Bank, and Lifetime Fitness who have now purchased the units and completed training on their use. The Mayor thanked them for participating in this program.

2004 MID-WINTER FEST SENIOR VOLUNTEERS OF THE YEAR

Marv and Helen Iverson were congratulated for being selected as 2004 Mid-Winter Fest Senior Volunteers of the Year. They received the award on February 7, 2004, and will also be recognized at this year's 4th of July parade. Mr. Johnson introduced them and reviewed their activities as described in his memo dated February 9, 2004. The Council thanked them for all they do for the community.

MRPA COMMUNICATION AWARD OF EXCELLENCE

Sandy Breuer, representing the Minnesota Recreation and Parks Association (MRPA), presented a plaque recognizing the Communication Award of Excellence for the Parks and Recreation Department. The award was given for the collaborative effort by the Cities of Apple Valley, Burnsville, Eagan, Inver Grove Heights, and Rosemount; School District 196; and the YMCA to provide a teen guide for summer youth activities. Mr. Johnson particularly thanked Bill Bird for his work in representing the City on this project and the brochure that will be distributed.

EL AZTECA ON-SALE LIQUOR LICENSE

Mayor Hamann-Roland called the public hearing to order at 8:17 p.m. to consider the application of El Azteca Apple, Inc., for on-sale liquor and special Sunday liquor licenses and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the application as described in her memo dated February 9, 2004. The licensed premises is a new restaurant under construction at 6670 West 150th Street, Suite 106. The location also requires a Conditional Use Permit on which the Planning Commission held a public hearing February 4, 2004, and recommended approval.

David Gil, representing the applicant, was present and commented on the restaurant. He said they anticipate opening March 1, 2004. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:20 p.m.

MOTION: of Bergman, seconded by Goodwin, adopting Resolutions No. 2004-40 approving a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant on Lot 1, Block 1, Hillcrest Acres 2nd Addition, subject to installation and maintenance of screening material and physical barriers for the outdoor seating acceptable to the City, and other conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2004-41 approving issuance of 2004 on-sale liquor and special Sunday liquor licenses to El Azteca Apple, Inc., for premises on Lot 1, Block 1, Hillcrest Acres 2nd, with outdoor seating on the northwest corner of the building, subject to completion of the building. Ayes - 4 - Nays - 0.

PROJECT 03-228, WENSMANN 13TH ADDITION IMPROVEMENTS

Mayor Hamann-Roland called the public hearing to order at 8:22 p.m. to consider Project 03-228, Wensmann 13th Addition Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated December 15, 2003, that includes both phases of the project located southeast of 145th Street and Foliage Avenue. Phase 1 consists of 70 townhouse and 48 condominium units on the west side of the development and does not require any street construction. Phase 2 involves construction of Flagstaff Avenue. Details involving financing and easements for the street remain to be completed and another report will be prepared for Phase 2.

The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:24 p.m.

MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 2004-42 ordering installation of Phase 1 only of Project 03-228, Wensmann 13th Addition Utility and Street Improvements. Ayes - 4 - Nays - 0.

NEW HORIZON DAYCARE CENTER BUILDING PERMIT

Ms. Dykes reviewed the Planning Commission recommendation on a 10,587-square foot building for a New Horizon Daycare Center at the southeast corner of 140th Street and 141st Street. A setback variance from 140th Street for the driveway is also requested to align with an entrance to East Valley Plaza on the west side of 141st Street. She reviewed the exterior building materials proposed and a rendering of the building. She also showed a photograph of a building constructed in Plymouth and photos Councilmember Bergman had taken of the site.

Councilmember Bergman questioned the location of trash storage on the south side of the building, across the street from townhomes, and whether hours of garbage pickup should be restricted to daytime hours. Dan O'Meara, of Portfolio Design, the architect, said all trash is picked up during the day. He said they are willing to work with Staff on changing the exterior brick and stucco materials to warm up the appearance of the building.

MOTION: of Erickson, seconded by Goodwin, adopting Resolutions No. 2004-43 approving the site plan and authorizing issuance of a building permit for construction of a New Horizon Daycare Center on Lot 1, Block 1, East Valley Plaza 3rd Addition, subject to applicant working with Staff on refining exterior building materials and appearance, and other conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

MOTION: of Erickson, seconded by Goodwin, granting a variance reducing the setback of the driveway to 141st Street for Lot 1, Block 1, East Valley Plaza 3rd Addition, from 100 feet to 80 feet from the curb line of 140th Street, to align with the driveway on the west side of the street, as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

REVIEW OF GARBAGE COLLECTION ORDINANCE

Ms. Bodmer reviewed her memo dated February 5, 2004, concerning review of the garbage collection ordinance. Decision Resources conducted a survey of residents on container placement and their opinions of the City's ordinance. The results indicate maintaining the requirement for door-side collection is still appropriate. The Urban Affairs Committee reviewed the results and expressed concern about enhancing ordinance enforcement and whether day-certain collection should be implemented.

The Council discussed the survey and said the results do not seem to support changing to day-certain garbage collection. However, consideration could be given to amending the ordinance by allowing curbside pickup of yard waste.

MOTION: of Goodwin, seconded by Bergman, referring review of the refuse/garbage collection ordinance to the Urban Affairs Committee to consider options for enhancing enforcement of door-side collection requirements, the potential for allowing yard waste only collection at the curb, and a public information campaign on door-side collection particularly focused on the southeast quadrant of the City. Ayes - 4 - Nays - 0.

ORDINANCE AMENDING CITY CODE CHAPTER 34, PERSONNEL

Ms. Strauss gave the first reading of an ordinance amending City Code Chapter 34, Personnel, as attached to her memo dated February 9, 2004. Section 34.32 of the Code would be amended by deleting provisions for emergency leave and replacing it with a bereavement leave policy. City Code Section 34.34 would be amended by deleting the "Sexual Harassment Prevention Policy" and replacing it with the "Discrimination and Harassment Policy". Once it is approved, training sessions will be conducted for employees. Because these are internal personnel policies, the Council was requested to waive the procedure for a second reading and pass the ordinance.

MOTION: of Goodwin, seconded by Erickson, waiving the procedure for a second reading and passing Ordinance No. 745 amending City Code Personnel Policy Sections 34.32 and 34.34 regarding "Bereavement Leave Policy" and "Discrimination and Harassment Policy". Ayes - 4 - Nays - 0.

COMMUNICATIONS & CALENDAR

The Council received a memo dated February 9, 2004, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated January 29, 2004, in the amount of $5,324,922.91; February 4, 2004, in the amount of $5,151,633.20; and February 11, 2004, in the amount of $8,509,003.06. Ayes - 4 - Nays - 0.

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

The meeting was adjourned at 8:53 o'clock p.m.