Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 8th, 2004, at 8:00 o'clock p.m., at Apple Valley Municipal Center.

PRESENT: Councilmembers Bergman, Erickson, Goodwin, and Grendahl.

ABSENT: Mayor Hamann-Roland.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, 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, Human Resources Manager Strauss, and Fire Chief Wassmund.

Acting Mayor Erickson 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 Grendahl, seconded by Bergman, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0.

AUDIENCE

Acting Mayor Erickson 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 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 March 25th, 2004, as written. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, proclaiming April 18 through 25, 2004, as "Days of Remembrance" in memory of the victims of the Holocaust. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-77 accepting, with thanks, the donation of $169.34 from the Southern Dakota County Labor Council toward the purchase of a tree for Lebanon Cemetery. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-78 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Scott-Carver-Dakota CAP Agency for use on April 25, 2004, at Valley Middle School 900 Garden View Drive, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, receiving the 2003 Annual Cable and Telecommunications Advisory Committee Report. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-79 amending the annual excavating permit for Fischer Sand & Aggregate, LLP, for its operations in Sections 34 and 35, by allowing extended operating hours between 6:00 p.m. and 5:00 a.m., Monday through Friday, from May 3 through October 29, 2004; in the main pit area with access at the intersection Johnny Cake Ridge Road and County Road 42 subject to listed conditions. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a Joint Powers Agreement with Dakota County for Acquisition of Land for Public Use, at the northwest corner of 160th Street and Pilot Knob Road, the David A. Fischer property; as attached to the Community Development Director's memo dated April 2, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-80 awarding the contract for Concrete Removal and Replacement Services to Ron Kassa Construction, Inc., the low bidder, based on unit prices, in the total amount of $84,065.00. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Concrete Raising and Leveling Services with North Star Mudjacking, Inc., in an amount not to exceed $9,500.00, as attached to the Street Superintendent's memo dated April 8, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Colored and Stamped Concrete Removal and Replacement Services with Minnesota State Curb-Gutter, in an amount not to exceed $10,000.00, as attached to the Street Superintendent's memo dated April 8, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting Project 02-208, Maintenance on Wells No. 5, 14, LZ4, LZ3, and HZ4; as final and authorizing final payment on the contract with Keys Well Drilling Co., in the amount of $2,519.64. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-81 establishing parking restrictions on streets in Cobblestone Lake Phase III and ordering installation of appropriate signs. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-82 approving an amendment to the group dental insurance plan with Delta Dental Insurance to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated April 8, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, receiving the Police Department 2003 Annual Report. Ayes - 4 - Nays - 0.

END OF CONSENT AGENDA

RESIDENTIAL BUILDING HEIGHT VARIANCE

Ms. Dykes reviewed the Planning Commission recommendation on the application of Robert and Kathryn Harvey for a variance to increase the height of their house from 35 feet to 38 feet. The house was constructed with a dome and flat roof on a cupola on top of it. The flat roof and dome have leaked and cause water damage in the house. The variance is to allow reconstruction with a hip roof to correct water leakage.

MOTION: of Grendahl, seconded by Goodwin, approving a variance to allow reconstruction of an observatory on a single family house with a maximum height of 38 feet on Lot 3, Block 1, Beckman's 1st Addition (4810 West 120th Street), as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

URBAN AFFAIRS COMMITTEE RECOMMENDATIONS

Ms. Bodmer reviewed her memo dated April 2, 2004, concerning several issues on which the Urban Affairs Committee had been asked to make recommendations. The first issue was tree removal provisions of the Natural Resources Management Ordinance related to private property. The ordinance requires replacement of significant trees but does not prohibit removal. No changes were recommended.

The next issue was curbside collection of yard waste. The City Code requires all refuse, recyclables, and yard waste to be collected from the area of the garage door. Due to the volume of yard waste bags collected during peak times, allowing yard waste to be collected at curbside was considered. On a split vote, the Committee recommended no changes.

Based on results of the community survey on garbage collection, an educational campaign was proposed to remind residents about ordinance requirements. The Committee worked with staff to develop information on doorside placement requirements. Ms. Bodmer reviewed elements of the campaign that are already underway and that will be completed in the next few weeks.

Lastly, the Committee reviewed notification requirements to customers by haulers contained in the City Code. The Committee recommended deleting the requirement that the haulers report when their customers have placed garbage in violation of the doorside requirement and then notify the City if the violation continues.

Councilmember Goodwin asked what quantity of yard waste is generally collected weekly. Ms. Bodmer said it varies seasonally and depends on what the hauler allows. Some haulers have a limit of 10 bags and 10 bundles per week. The Council discussed the issue of allowing yard waste to be collected curbside and said it would like to consider it further.

MOTION: of Goodwin, seconded by Bergman, directing staff to prepare a draft ordinance amending the City Code by allowing yard waste only to be placed on the curb for collection. Ayes - 4 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, directing staff to prepare a draft ordinance amending the City Code be deleting the requirement for hauler notification to customers of container placement violations, as recommended by the Urban Affairs Committee. Ayes - 4 - Nays - 0.

COMMUNICATIONS & CALENDAR

The Council received a memo dated April 5, 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 March 31, 2004, in the amount of $2,618,754.30; and April 7, 2004, in the amount of $602,869.75. Ayes - 4 - Nays - 0.

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

The meeting was adjourned at 8:23 o'clock p.m.