Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 27th, 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 Fick, Finance Director Ballenger, Associate 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, 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 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. No one was present to speak.

CONSENT AGENDA

MOTION: of Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of May 13th, 2004, as written. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-105 accepting, with thanks, the donation of $275.00 from Bonestroo, Rosene, Anderlik & Associates, Inc., toward sponsorship of recreation programming. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-106 accepting, with thanks, the donation of flag poles, valued at $3,094.18, from Apple Valley American Legion Post 1776, for installation at Fire Stations No. 2 and No. 3. Ayes - 4 - Nays - 0.

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

MOTION: of Goodwin, seconded by Bergman, approving conversion of items of Police evidence property for use by City departments as listed in the Police Captain's memo dated May 24, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving issuance of a new License for Sale of Tobacco and Tobacco Products to Tobacco Valley Market Place, Inc., d/b/a Tobacco Valley Southport, at 15050 Cedar Avenue, Suite 108, as described in the City Clerk's memo dated May 24, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving a Fireworks Display Agreement with Melrose North Pyrotechnics, Inc., to provide a fireworks display on July 4, 2004, at a total cost of $16,300.00, as attached to the City Clerk's memo dated May 24, 2004; subject to receipt of a fireworks permit and certificate of insurance, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving submittal of an application for an Oak Wilt Management Grant, in the amount of $15,000.00, for the period 2004 to 2006, to the Minnesota Department of Natural Resources as attached to the Natural Resources Coordinator's memo dated May 27, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-107 setting a public hearing, at 8:00 p.m., on June 24, 2004, to consider vacating easements on Lots 7-14, 16-21, and 25-31, Block 3, Cobblestone Lake 3rd Addition (to be replatted as Cobblestone Lake 4th Addition). Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-108 receiving the preliminary engineering report for Project 03-239, Galaxie Avenue Reconstruction from 151st Street to a Point 100 Feet North of 157th Street, and setting a public hearing on it, at 8:00 p.m., on June 24, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-109 directing the City Engineer to prepare plans and specifications for Project 03-239, Galaxie Avenue Reconstruction from 151st Street to a Point 100 Feet North of 157th Street. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-110 receiving the preliminary engineering report for Project 03-238, Harmony Commons Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on June 24, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-111 directing the City Engineer to prepare plans and specifications for Project 03-238, Harmony Commons Utility and Street Improvements. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-112 receiving the preliminary engineering report for Project 02-196, The Legacy of Apple Valley North Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on June 24, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-113 directing the City Engineer to prepare plans and specifications for Project 02-196, Legacy of Apple Valley North Utility and Street Improvements. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving the Planned Development Agreement for The Legacy of Apple Valley North with Legacy Holdings-AVN, L.L.C., incorporating Planned Development Designation No. 739, as attached to the City Planner's memo dated May 24, 2004; and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-114 approving the final plat and Development Agreement for The Legacy of Apple Valley North and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving acquisition of a Drainage and Utility Easement on part of Lot 2, Block 3, Rolling Ridge, in connection with Project 03-217, and authorizing payment of $25,000.00 to Jody and Pamela Halvorson, as attached to the City Engineer's memo dated May 10, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-115 awarding the contract for Project 98-417, Palomino Drive Reconstruction Between Garden View Drive and Pennock Avenue, to McNamara Contracting, Inc., the low bidder, in the amount of $1,242,009.55. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving an Agreement with A-Plus Roofing Co. for roof replacements on part of the Central Maintenance Facility and the Old City Hall Building, in the total amount of $44,490.00, as attached to the Public Works Supervisor's memo dated May 27, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving an Agreement with Wagner Sod Company and Landscaping, Inc., for sod and irrigation installation in Legacy Park, in the amount of $24,245.85, as attached to the Park Maintenance Superintendent's memo dated May 13, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4- Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving an Agreement with Little Tikes Commercial Play Systems, Inc., for playground equipment in Johnny Cake Ridge Park East, in the amount of $65,000.00, as attached to the Parks and Recreation Director's memo dated May 24, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving an Agreement with Earl F. Andersen, Inc., for playground equipment in Palomino Park, in the amount of $34,992.88, as attached to the Parks and Recreation Director's memo dated May 24, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Top Line Construction & Roofing, LLC, for Residing Delaney and Hagemeister Park Shelter Buildings, in the amount of an additional $4,400.00. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, authorizing the use of $84,389.54 in Equipment Certificates for the purchase of a JCB 520 Loadall Telehandler and a Bobcat Toolcat as requested in the Public Works Director's memo dated May 27, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated May 27, 2004. Ayes - 4 - Nays - 0.

END OF CONSENT AGENDA

GIRL SCOUT CERTIFICATE OF COMMENDATION

Mayor Hamann-Roland said the Girl Scout Council of the St. Croix Valley notified the City that Molly Jabas, a resident and student at Eastview High School, has earned the Girl Scout Gold Award, the highest award in Girl Scouting. Ms. Jabas was not able to attend the meeting to accept congratulations and a Certificate of Commendation will be mailed to her.

2004 SPECIAL ASSESSMENT ROLL 526

Mayor Hamann-Roland called the public hearing to order, at 8:03 p.m., on Special Assessment Roll No. 526 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated May 24, 2004, describing the assessment roll, totaling $81,127.88, for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:04 p.m.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-116 approving and levying 2004 Special Assessment Roll No. 526, delinquent utility charges, in the total amount of $81,127.88. Ayes - 4 - Nays - 0.

2004 SPECIAL ASSESSMENT ROLLS 527 & 528

Mayor Hamann-Roland called the public hearing to order, at 8:05 p.m., on Special Assessment Rolls No. 527 and 528 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated May 24, 2004, describing the assessment rolls, totaling $599,073.00, for Majestic Ridge and Knob Ridge Business Park improvements. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:06 p.m.

MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 2004-117 approving and levying 2004 Special Assessment Rolls No. 527 and 528, in the total amount of $599,073.00. Ayes - 4 - Nays - 0.

HILLCREST ACRES THIRD ADDITION

Mr. Lovelace reviewed the Planning Commission recommendation on Hillcrest Acres Third Addition, a replat of Lots 3 and 4, Block 1, Hillcrest Acres; at the southwest corner of County Road 42 and Flagstaff Avenue. The request includes an amendment to Zone 3 of the Planned Development to allow Class II restaurants with drive-through windows in both freestanding and multi-tenant buildings. A condition for drive-through windows is that only one would be allowed per lot. With replat of the lots, the third addition will have only one lot. Vacation of easements on the two existing lots is required before the new plat can be approved.

The proposal includes application for a 10,207 square-foot multi-tenant retail building similar to the building located to the west. A restaurant with a drive-through window is proposed for the east end of the building. The site plan has been modified as recommended by the Traffic Consultant to accommodate traffic patterns for the drive-through window. Mr. Lovelace reviewed other conditions contained in the Planning Commission's recommendation.

MOTION: of Goodwin, seconded by Bergman, passing Ordinance No. 750 amending Section A25-2(C)(6) of the City Code, regarding permitted uses in Zone 3 of Planned Development No. 679, by allowing Class II restaurants with drive-through windows in both freestanding and within multi-tenant buildings with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-118 approving the site plan and authorizing issuance of a building permit for construction of a multi-tenant retail building on Lot 1, Block 1, Hillcrest Acres Third Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2004-119 setting a public hearing, at 8:00 p.m., on June 24, 2004, to consider vacating easements on Lots 3 and 4, Block 1, Hillcrest Acres. Ayes - 4 - Nays - 0.

ORDINANCE AMENDING REFUSE COLLECTION REQUIREMENTS

Ms. Bodmer reviewed her memo dated May 24, 2004, and gave the second reading of an ordinance amending City Code Sections 50.02 and 50.04 regarding refuse collection. The amendment would allow yard waste only to be placed at the curb for collection. All other refuse and recyclables would continue to be collected from a location adjacent to the garage. It would also eliminate the requirement for haulers to report customers who place their containers in a location other than adjacent to the garage to the City. The language was amended from the first reading to state that yard waste may not be set out before 6:00 p.m. the night before collection day. She also commented on Edina's program that allows only yard waste bags to be placed at the curb. Yard waste in reusable containers must be collected by the door with other refuse.

The Council discussed the option of allowing only yard waste bags at the curb since they are the most difficult for haulers to handle and would not be confused with other refuse containers. Councilmember Bergman said his yard waste container is clearly marked and should not be a problem to differentiate. He would like to allow the change to curbside collection for all yard waste and review it in a year.

The Council discussed adding language that would require haulers to return any reusable yard waste containers to the garage after collection. Mr. Dougherty advised that if such language is desired, the ordinance should come back for another reading before final action.

Councilmember Bergman asked how many residents have reusable containers for their yard waste. Ms. Bodmer said the City does not have that information and the haulers would have to be contacted to provide it. Councilmember Goodwin said he would like to add language requiring return of containers to garages.

MOTION: of Bergman, seconded by Goodwin, tabling consideration of an ordinance amending refuse collection requirements for yard waste for a second reading on June 10, 2004. Ayes - 4 - Nays - 0.

ORDINANCE AMENDING HEIGHTS OF WEEDS AND TREE LIMBS

Mr. Lawell reviewed Code Enforcement's memo dated May 24, 2004, and gave the first reading of an ordinance amending City Code Sections 94.36 and 152.44 regarding public nuisances. One amendment would designate weeds and grass in excess of eight inches in height as a nuisance instead of the current language "in excess of ten inches in average height". The second amendment is to clarify that tree limbs may not be less than 13 feet above the surface of a street.

Councilmember Erickson asked about a property owner's responsibility regarding boulevard trees when the City periodically trims them. Mr. Heuer said the City will continue to trim boulevard trees, but there have been instances where a property owner objected to the trimming and this would clarify the distance.

Councilmember Bergman asked how long the three-letter notification process Code Enforcement uses for overgrown grass takes and what process other cities use. Mr. Dougherty said the letter notification process is a policy the City has followed. It could be tightened up if desired as long as a reasonable process is followed.

Councilmember Goodwin asked Staff to review the enforcement process and provide an explanation at the next meeting as well as a comparison of how surrounding cities' deal with nuisance notifications. The Council accepted the first reading. The second reading will be scheduled for June 10, 2004.

COMMUNICATIONS & CALENDAR

The Council received a memo dated May 24, 2004, with a calendar listing upcoming events. Councilmember Bergman thanked Code Enforcement personnel for the excellent job they are doing. Mayor Hamann-Roland offered congratulations to all of the high school graduating classes and wishes for safe prom celebrations.

CLAIMS AND BILLS

MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated May 19, 2004, in the amount of $1,475,566.44; and May 27, 2004, in the amount of $4,857,136.17. Ayes - 4 - Nays - 0.

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

The meeting was adjourned at 8:58 o'clock p.m.