Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 22nd, 2004, at 8:00 o'clock p.m., at Apple Valley Municipal Center.

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

ABSENT: Councilmember Erickson.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Fick, Police Captain Anglin, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, 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 led by members of Cub Scout Pack 1003.

APPROVAL OF AGENDA

MOTION: of Goodwin, seconded by Grendahl, 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. 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 April 8th, 2004, as written. Ayes - 3 - Nays - 0 (Hamann-Roland Abstained).

MOTION: of Bergman, seconded by Goodwin, proclaiming April 18 through 24, 2004, as "Volunteer Recognition Week" to recognize those volunteers who contribute their time, talent, and energy to the community. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, proclaiming April 30, 2004, as "Arbor Day" and May 2004, as "Arbor Month", and urging citizens to participate in tree planting programs. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, proclaiming May 6, 2004, as "A Day of Prayer", in observance of the National Day of Prayer, and encouraging citizens to gather together to pray, in their own way, and take advantage of prayer occasions being offered in the area. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-83 accepting, with thanks, the donation of a 1991 Plymouth van, valued at $500.00, from William J. Guillette, 14914 Echo Way, for use by the Fire Department in training. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-84 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the Brooke Anne Metcalf Fund for use on May 15, 2004, at Northwest Federal Credit Union, 14985 Glazier Avenue, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a change in manager for RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday, in connection with the On-Sale Liquor License at 14883 Florence Trail, naming William G. Ross as General Manager; as described in the City Clerk's memo dated April 19, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-85 approving 2004 Special Assessment Roll No. 526, for hearing purposes, in the total amount of $91,648.27 for delinquent charges, and setting the public hearing, at 8:00 p.m., on May 27, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-86 approving 2004 Special Assessment Rolls No. 527 and 528 for hearing purposes, in the total amount of $599,073.00, and setting the public hearing, at 8:00 p.m., on May 27, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, setting a public auction and sale to dispose of unclaimed property and bicycles and surplus City property, on May 20, 2004, beginning at 5:30 p.m., at Central Maintenance Facility, as described in the City Clerk's memo dated April 19, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the Dakota County Mutual Aid Assistance Group (MAAG) Joint Powers Agreement, authorizing the Mayor and City Clerk to sign the same, and directing the City Attorney to draft language to amend the Agreement to address indemnification issues as described in the Police Chief's memo dated April 14, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, receiving notification of the Police Department's participation in the Minnesota May Seat Belt Mobilization Grant Program and eligibility for up to $4,000.00 in reimbursement as described in the Police Captain's memo dated April 19, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, reauthorizing approval of the site plan and building permit, approved by Resolution No. 1999-109, for an office building on Lot 1, Block 8, Valley Commercial Park 2nd Addition, for one year subject to compliance with all applicable ordinance amendments and policies enacted since June of 1999; as described in the City Planner's memo dated April 19, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing issuance of a building permit for an irrigation system pump house on Outlot B, Cobblestone Lake 3rd Addition, as described in the City Planner's memo dated April 19, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a License Agreement for Irrigation System with Cobblestone Lake Waterworks, LLC, for utility access in Cobblestone Lake Development, as attached to the Community Development Director's memo dated April 19, 2004, and authorizing the Mayor and City Clerk to sign the same subject to any revisions approved by the City Attorney. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a variance to allow construction of a single family house with a maximum height of 42 feet on Lot 13, Block 1, Seasons on the Park (12526 Empress Court), as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving renewal of a setback variance for Timberland Mortgage to allow construction of a trash enclosure to within nine feet of the side lot line on Lot 3, Block 1, Apple Valley Commercial 2nd Addition (14980 Garrett Avenue), in accordance with submitted plans dated May 8, 2003. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving reduction of the subdivision financial guarantee for Cobblestone Lake 3rd Addition, from $1,617,925.00 to $252,987.00. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-87 approving the final plat and Development Agreement for Dahle Oaks and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-88 awarding the contract for Project 03-245, 2004 Street Maintenance Program, to McNamara Contracting, Inc., the low bidder, in the amount of $1,155,628.90. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-89 awarding the contract for combined Project 02-214, Dahle Oaks Utility and Street Improvements, and Project 03-228, Wensmann 13th Addition Utility Improvements, to Ryan Contracting, Co., the low bidder, in the amount of $393,355.90. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving acquisition of a Ponding and Drainage Easement on part of Lot 7, Block 2, Palomino Hills, in connection with Project 02-233, and authorizing payment of 500.00 to Bradley and Julie Passer, as attached to the City Engineer's memo dated April 12, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving an Agreement with Dakota County for County Project 46-23, 160th Street and Pilot Knob Road Intersection Reconstruction and Traffic Signal Revision, as attached to the Public Works Director's memo dated April 22, 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. 2004-90 supporting passage, by the United States Congress, of the Internet Access Tax Ban Extension and Improvement Act concerning the ability of local governments to collect telecommunications taxes and franchise fees. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing the distribution of various promotional materials for use at the high schools' senior class parties as described in the Parks and Recreation Director's memo dated April 22, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated April 22, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a variance to allow relocation of a single family house with a maximum height of 48 feet on Lot 1, Block 2, Dahle Oaks (12810 Galaxie Avenue), as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a revised date of May 20, 2004, at 2:00 p.m. for receipt of sealed bids for Project 98-417, Palomino Drive Reconstruction Between Garden View Drive and Pennock Avenue. Ayes - 4 - Nays - 0.

END OF CONSENT AGENDA

CUB SCOUT PACK 1003 TREE DONATION

Shelley Madore, Committee Chair, and Steve Ballinger, Cubmaster, of Cub Scout Pack 1003, were present to thank the Parks and Recreation Department for its support in starting a special needs troop for boys with Asperger's Syndrome. In appreciation, they are presenting a check for $150.00 to cover the costs of a tree and plaque. Mr. Johnson said arrangements have been made to plant the tree in Hayes Park on May 8, 2004, at 10:00 a.m., and invited everyone to attend.

MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2004-91 accepting, with thanks, the donation of $150.00 from Cub Scout Pack 1003 toward the purchase of a plaque and a tree for Hayes Park. Ayes - 4 - Nays - 0.

2004 MRS. MINNESOTA INTERNATIONAL NANCY PARADEISE

Mayor Hamann-Roland introduced Nancy Paradeise, an Apple Valley resident, who was recently crowned 2004 Mrs. Minnesota International. Mrs. Paradeise commented on the pageant and the opportunity to encourage support for her platform which is the Special Olympics. She also serves on the Board of the Minnesota Special Olympics. She will represent the state at the national Mrs. International pageant in Chicago in July.

POLICE OFFICER EAGLE RETIREMENT

Police Chief Johnson commented on Police Officer James Eagle's career with the City beginning August 5, 1978. He will be retiring effective April 30, 2004, and moving to Florida. 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.

POPPY DAYS PROCLAMATION

Rose Neff and Marlene Heinzen, of the American Legion Auxiliary Poppy Committee, were present. Ms. Neff read a proclamation, proclaiming May 14 and 15, 2004, as "Poppy Days". The Council thanked the Auxiliary for its efforts in remembering those who have died in war by distributing the memorial flowers.

MOTION: of Bergman, seconded by Grendahl, proclaiming May as "Poppy Month" and May 14-15, 2004, as "Poppy Days" and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 4 - Nays - 0.

ALF AMBULANCE 2003 ANNUAL REPORT

Tom Kelley, ALF Ambulance Administrator, presented the 2003 annual report. He described the Joint Powers organization established by the Cities of Apple Valley, Lakeville, and Farmington in 1986 and covering a 163-square mile service area including townships. The organization is governed by an Operating Board with an Executive Management Committee overseeing operational functions. He noted that overall this has been a very successful operation.

Councilmember Grendahl commented that uncollectible accounts continue to be an issue, particularly with Medicare reimbursements, and urged pursuing collection.

MOTION: of Grendahl, seconded by Goodwin, receiving the 2003 ALF Ambulance Annual Report. Ayes - 4 - Nays - 0.

RECREATIONAL STRUCTURES IN "LB" ZONING DISTRICTS

Mr. Lovelace gave the first reading of an ordinance amending City Code Section 155.092 by allowing open air recreational structures, in conjunction with institutional uses, as conditional uses in Limited Business zoning districts as attached to his memo dated April 19, 2004. The ordinance also lists conditions and standards that would be applied to such uses to mitigate potential adverse impacts. The Planning Commission held a public hearing on the amendment April 7, 2004, and did not receive any comments.

The amendment was initiated at the request of the American Legion who would like to construct a pavilion on its property for use this summer. Due to timing, waiving the procedure for a second reading of the ordinance is requested.

MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 749 amending City Code Section 155.092 by adding subparagraph L allowing open air recreational shelter, gazebo, and pavilion accessory structures as a conditional use in "LB", Limited Business, zoning districts; as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

COMMUNICATIONS & CALENDAR

Councilmember Bergman asked to have discussion on the Central Village Plan and park/public open space development at the May 13, 2004, informal meeting. He expressed concern about issues between the Planning Commission and Parks and Recreation Advisory Committee over the Legacy phase two park concept. Councilmember Goodwin also asked for discussion on what constitutes a park in an urban area and public amenities that could be included.

The Council received a memo dated April 19, 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 April 14, 2004, in the amount of $7,376,669.84; and April 22, 2004, in the amount of $5,720,169.34. Ayes - 4 - Nays - 0.

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

The meeting was adjourned at 8:54 o'clock p.m.