Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 12th, 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 Hills, City Engineer Gordon, Finance Director Ballenger, Associate Planner Bodmer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, and Human Resources Manager Strauss.

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. No one was present to speak.

CONSENT AGENDA

MOTION: of Goodwin, seconded by Bergman, deleting consideration of a Natural Resources Management Permit at 13465 Pilot Knob Road from this meeting, and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of July 22nd, 2004, as written. Ayes - 3 - Nays - 0 (Erickson Abstained).

MOTION: of Goodwin, seconded by Bergman, adopting Resolutions No. 2004-149, 2004-150, 2004-151, 2004-152, and 2004-153 approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on September 11 and November 20, 2004; and January 8, March 12, and May 14, 2005; respectively, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion Post 1776 for use on September 18, 2004, at Fire Station No. 1; as described in the City Clerk's memo dated August 9, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, receiving the Apple Valley Firefighters' Relief Association certification of its 2005 financial requirements for the special fund tax levy in 2005, in the amount of $180,000.00. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-154 appointing individuals listed in the resolution to serve as judges for the Primary Election to be held on September 14, 2004, in the City. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving the Joint Powers Agreement with Dakota County for the Wetland Health Evaluation Program, for the period January 1, 2004, through December 31, 2008; as attached to the Natural Resources Coordinator's memo dated August 12, 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. 2004-155 approving plans and specifications for Project 02-196, Legacy of Apple Valley North Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on September 16, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-156 approving plans and specifications for Project 03-239, Galaxie Avenue Reconstruction Between 151st and 157th Streets, and authorizing advertising for receipt of bids, at 2:00 p.m., on September 16, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving a contract with Classic Protective Coatings, Inc., for Valleywood Reservoir Overflow Repair, in the amount of $26,600.00; as attached to the Public Works Superintendent's memo dated August 12, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, accepting Project 03-223, Nordic Reservoir Repainting, as final and authorizing final payment on the contract with Classic Protective Coatings, Inc., in the amount of $15,382.20. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving amendments to the Personnel Pay Plan and position classifications related to the positions of Payroll Coordinator, HR Technician, and HR Representative as described in the Human Resources Manager's memo dated August 9, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving promotion of Lisa Reiten to the position of Accounts Payable Accountant as listed in the Personnel Report dated August 12, 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 dated August 12, 2004. Ayes - 4 - Nays - 0.

END OF CONSENT AGENDA

INTRODUCTION OF NEW POLICE OFFICER KLOKONOS

Police Chief Johnson introduced newly hired Police Officer Shane Klokonos to the Council. The City Clerk administered the oath of office to Officer Klokonos. Police Chief Johnson then presented him with his badge. The Council congratulated Officer Klokonos and welcomed him to his new position.

HAZELWOOD SUBDIVISION

Ms. Bodmer reviewed the Planning Commission's recommendation on the proposed Hazelwood Subdivision (13995 Diamond Path) located at the northwest corner of Diamond Path and 140th Street. The five-acre site is proposed to be rezoned to "R-CL" (Residential Cluster) and subdivided into six single family lots. Duluth Court will be extended from the west and terminate in a cul de sac serving all six lots. R-CL zoning is requested to allow front yard setbacks to be reduced to 25 feet to preserve trees and natural features on the site. A drainage and utility easement will be dedicated over the north portion of Lots 1, 2, and 3 and include a storm water infiltration area.

She reviewed the tree survey, tree loss, and replacement plan for the site. The overall mitigation will require 85 two-inch trees. It was noted that it may be difficult to plant 85 trees on the site, so the developer may plant larger caliper trees to meet the replacement requirements. The final tree count will be reviewed and approved in conjunction with the Natural Resources Management Permit.

MOTION: of Grendahl, seconded by Bergman, passing Ordinance No. 757 rezoning Hazelwood, the five-acre site at the northwest corner of 140th Street and Diamond Path, from "A" (Agriculture) to "R-CL" (Residential Cluster) as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2004-157 approving the preliminary plat of Hazelwood subdivision (13995 Diamond Path) with six single family residential lots, as recommended by the Planning Commission. Ayes - 4 - Nays - 0.

MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2004-158 ordering preparation of a preliminary engineering feasibility report for Project 04-258, Hazelwood Addition Utility and Street Improvements. Ayes - 4 - Nays - 0.

TEMPORARY TRAFFIC CALMING ON DIAMOND PATH

Mr. Heuer reviewed his memo dated August 12, 2004, concerning proposed temporary traffic calming measures on Diamond Path between Pilot Knob Road and County Road 38. The Traffic Safety Advisory Committee's recommendation (which was not unanimous) included construction of a median west of Echo Lane, a median between Emmer Place and Edinborough Way, and chokers east of Ethelton Way. The installation would be temporary and considered an experiment just as that done on 138th Street west of Cedar Avenue.

Acting Mayor Erickson said there a couple of problems with the timing of this request. The temporary traffic calming on 138th Street was recently installed and is still being evaluated. Due to the construction schedule, also requiring MnDOT approval, installation on Diamond Path could not happen until next year. He asked whether other changes to the timing of the signal at County Road 38 and Pilot Knob Road could be considered to reduce traffic turning right onto Diamond Path.

Councilmember Grendahl asked if problems on the street relate to speed or volume of traffic. Mr. Heuer said both and the neighborhood's perception of problems. Traffic studies show the 85th percentile of traffic speed at 34 to 35 miles per hour similar to speeding problems on other streets. The street can handle up to 8,000 trips per day and counts show approximately 3,500 per day at the west end and 2,400 trips per day at the east end indicating most of the traffic comes from within the neighborhood. Accidents have not been a problem on the street with only three minor accidents been reported in the past four years.

Councilmember Goodwin said he has heard comments from residents, both in favor of and opposed to the experiment, on 138th Street and is hesitant to move forward with another area until the results are reported. Mr. Heuer said the experiment on 138th Street is scheduled to end around the end of October or early November. A report will be made to the Traffic Safety Advisory Committee after that time.

Councilmember Bergman said he looked at the street and noted there are some areas where boulevard trees are missing that could have an effect on traffic. He is not sure if "chokers" have an affect on traffic or speed, but medians appear to work. However, he suggested residents look at the medians on 138th Street and the amount of signage required before the project is pursued.

Councilmember Grendahl said she does not have a problem with trying another traffic calming experiment but asked if there are other areas that might be coming in with similar requests. Mr. Heuer said he is not aware of any at this time.

Councilmember Bergman asked what increase in traffic is expected in the future. Mr. Heuer said the volume is now about 3,500 trips per day and the 2020 projection is 4,000 trips per day. Traffic counts since 1999 show there has not been a noticeable increase even with development of the Kelley Trust property to the east.

Mike Traub, 12751 Diamond Path, spoke representing the neighborhood and said they agree with referring the proposal back to the Traffic Safety Advisory Committee. Knowing that any installation would not be done until 2005, they are interested in pursuing any options available. The neighborhood generally supports the proposal, but would like to see some modifications such as locations where parking would be restricted. They will involve the entire neighborhood and make it aware of the discussions with the Traffic Safety Advisory Committee.

The Council asked that the Police Department be aware of neighborhoods like this where speeding is an issue and increase patrol. They also discussed whether some type of saturation plan could be developed for traffic law enforcement in these areas.

MOTION: of Bergman, seconded by Goodwin, referring consideration of installation of temporary traffic calming measures on Diamond Path, between County Road 38 and Pilot Knob Road, back to the Traffic Safety Advisory Committee for reevaluation after results of the traffic calming experiment on 138th Street are received. Ayes - 4 - Nays - 0.

SET BUDGET REVIEW MEETING

MOTION: of Grendahl, seconded by Bergman, setting a special informal meeting, at the Municipal Center, at 6:00 p.m., on August 26, 2004, for review of the proposed 2005 Budget. Ayes - 4 - Nays - 0.

COMMUNICATIONS & CALENDAR

Acting Mayor Erickson said several ash trees have been lost to disease in his neighborhood. He asked the Natural Resources Coordinator to provide information on damage to ash trees in the City by insects or beetles.

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

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated July 29, 2004, in the amount of $3,981,792.61; August 4, 2004, in the amount of $498,495.51; and August 11, 2004, in the amount of $1,132,703.57. Ayes - 4 - Nays - 0.

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

The meeting was adjourned at 9:15 o'clock p.m.