Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 23rd, 2004, at 8:00 o'clock p.m., at Apple Valley Municipal Center.

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

ABSENT: None.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills, City Engineer Fick, 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, 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 Grendahl, approving the agenda for tonight's meeting as amended. Ayes - 5 - 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 - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of September 9th, 2004, as written. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, proclaiming October 3-9, 2004, as "Financial Planning Week" in support of the Financial Planning Association's promotion of financial literacy and personal financial responsibility. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-185 amending Resolution No. 2004-11 by designating PiperJaffray and Brookstreet Securities as additional depositories for City funds for 2004. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-186 appointing judges for the November 2, 2004, General Election in the City, as listed in the resolution, and setting hourly wages for their time worked. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving extension of the License Agreement with St. Paul Growers Association, Inc., to operate a farmers market at the Municipal Center parking lot (Lot 2, Block 1, Western Service Center), through October 30, 2004, as described in the City Administrator's memo dated September 20, 2004. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-187 approving 2004 Special Assessment Roll No. 529, for hearing purposes, in the total amount of $2,457,858.00 for public improvements, and setting the public hearing, at 8:00 p.m., on October 28 2004. Ayes - 5- Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-188 approving 2004 Special Assessment Roll No. 530, for hearing purposes, in the total amount of $74,758.63 for delinquent utilities, and setting the public hearing, at 8:00 p.m., on October 28, 2004. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-189 approving 2004 Special Assessment Roll No. 531, for hearing purposes, in the total amount of $3,470.00 for delinquent false alarm charges, and setting the public hearing, at 8:00 p.m., on October 28, 2004. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving a ReLeaf Grant Agreement with the Minnesota Department of Natural Resources for oak wilt control funding, in the amount of $8,000.00 from July 1, 2004, through June 9, 2005; as attached to the Natural Resources Coordinator's memo dated September 23, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving the Subrecipient Agreement with Dakota County Community Development Agency for administering Community Development Block Grant (CDBG) funds for supportive housing as attached to the Community Development Director's memo dated September 17, 2004, and authorizing the City Administrator to execute the necessary documents. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, amending the 2004 annual excavation permit for commercial sand and gravel mining operations by Fischer Sand & Aggregate, LLP, approved February 12, 2004; to allow operation on Saturdays, from 7:00 a.m. to 5:00 p.m., in the area east of Pilot Knob Road, as described in the Community Development Director's memo dated September 17, 2004. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving reduction of financial guarantees for Browning Complex, from $2,000.00 to 0, and Palomino East NRMP, from $29,812.50 to 0. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-190 awarding the contract for Project 02-196, Legacy of Apple Valley North Utility and Street Improvements, to Frontier Construction Company, Inc., the low bidder, in the amount of $1,697,172.07. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-191 awarding the contract for Project 03-239, Galaxie Avenue Reconstruction 151st to 157th Streets, to McNamara Contracting, Inc., the low bidder, in the amount of $1,301,355.01. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving an Agreement with Wenzel Plumbing & Heating, Inc., for Drinking Fountain Installation at Valleywood Golf Course, at a cost of $12,900.00, as attached to the Parks and Recreation Director's memo dated September 16, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving an Agreement with STDEA Readers, Inc., for Meter Reading Services from October 7, 2004, through October 5, 2006, as attached to the Public Works Superintendent's memo dated September 23, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the contract with Ryan Contracting Co. for Project 02-214, Dahle Oaks Utility and Street Improvements, in the amount of an additional $9,937.30 for Project 03-240, North Farquar Lake Sanitary Sewer. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, accepting work for Cured In Place Pipe Repairs on Dunbar Avenue as final and authorizing final payment on the contract with Infrastructure Technologies, Inc., in the amount of $19,860.00. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, accepting installation of Playground Equipment at Summerfield Park as final and authorizing final payment on the contract with Earl F. Andersen, Inc., in the amount of $34,982.23. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving a Consulting Services Agreement with Dakota Worldwide, Inc., to provide liquor store location analysis, at a cost of $7,500.00 plus expenses, at attached to the City Administrator's memo dated September 20, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving hiring Brandi Larson for the position of Accounting Technician I as listed in the Personnel Report dated September 23, 2004. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated September 23, 2004. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

PROCLAIM DECA WEEK

Christine Grether and Shana Secory, President of Apple Valley High School Distributive Education Clubs of America (DECA), were present and described activities planned to promote their organization during the week of October 10th. One of their goals is to make students aware of careers and opportunities available to them after graduation.

MOTION: of Erickson, seconded by Grendahl, proclaiming October 10-16, 2004, as "National DECA Week" in recognition of the organization's promotional efforts of educational benefits and opportunities. Ayes - 5 - Nays - 0.

PROCLAIM FIRE PREVENTION WEEK

Deane Running, Fire Marshal, was present and reviewed activities the Fire Department will be conducting during the week of October 3rd at elementary schools in the City. Public open houses will be held, from 6:00 to 9:00 p.m., at Fire Station No. 1 on October 5th, at Fire Station No. 2 on October 6th, and at Fire Station No. 3 on October 7th, and everyone is invited.

MOTION: of Grendahl, seconded by Bergman, proclaiming October 3-9, 2004, as "Fire Prevention Week" in support of the Fire Department's public safety efforts and urging all citizens to install smoke alarms and to plan and practice fire drills. Ayes - 5 - Nays - 0.

PROJECT 04-258, HAZELWOOD ESTATES IMPROVEMENTS

Mayor Hamann-Roland called the public hearing to order, at 8:11 p.m., to consider Project 04-258, Hazelwood Estates Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Fick reviewed the preliminary engineering report, dated August 18, 2004, and noted that since the report was prepared the developer has opted to install the improvements privately but the pathways will be installed as a public project. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:14 p.m.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-192 ordering installation of Project 04-258, Hazelwood Estates Utility and Street Improvements. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 2004-193 approving the final plat and Development Agreement for Hazelwood Estates and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

SUMMERFIELD TOWNHOMES 2ND ADDITION

Mr. Lovelace reviewed the Planning Commission's recommendation on the preliminary plat of Summerfield Townhomes 2nd Addition located at the southwest corner of 132nd Street and Galaxie Avenue. The subdivision is proposed with four two-unit townhome buildings on 1.7 acres completing development of the Myers property. To meet required setbacks from Galaxie Avenue for Lots 3 and 4, the triangular piece of property abutting Galaxie Avenue on the east is being acquired and will be incorporated into the plat.

Councilmember Bergman asked about the requirement for rain garden installation. Mr. Lovelace said two rain garden areas will be created to infiltrate the first half inch of rainwater. This is a new condition required now that was not required at the time of original preliminary approval for the site in 2000.

MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 2004-194 approving the preliminary plat of Summerfield Townhomes 2nd Addition (replat of Outlot A, Summerfield Townhomes), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-195 approving the site plan and authorizing issuance of a building permit for construction of eight townhomes in Summerfield Townhomes 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 2004-196 ordering preparation of a preliminary engineering feasibility report for Project 04-266, Summerfield Townhomes 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0.

PLANNING COMMISSION VACANCY

Mr. Lawell reviewed the memo dated September 20, 2004, listing six applications received by the September 10, 2004, closing date for the vacancy on the Planning Commission. The Council received the applications and action on the appointment will be scheduled for the October 14, 2004, meeting.

BUDGET REVIEW MEETINGS

MOTION: of Grendahl, seconded by Goodwin, setting special informal meetings for review of the proposed 2005 Budget, at 6:00 p.m., on October 14 and 28, 2004, at the Municipal Center. Ayes - 5 - Nays - 0.

PILOT KNOB ROAD EASEMENTS

Mr. Heuer reviewed his memo dated September 23, 2004, describing Dakota County's offer to purchase easements required for Pilot Knob Road reconstruction south of County Road 42 and construction of a transit station. The offer for Parcels 7 and 7A(288), adjacent to the future athletic complex; is $651,000 for permanent highway easement, temporary construction easement and transit easement. The offer for Parcels 2 and 2A(289), adjacent to the cemetery, is $1,000 for a temporary construction easement.

MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2004-197 accepting Dakota County's offer of $652,000.00 for acquisition of parcels along Pilot Knob Road, associated with County Project No. 31-47, contingent on the easement documents being reviewed by and satisfactory to the City Attorney. Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

The Council received a memo dated September 20, 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 September 15, 2004, in the amount of $22,680,049.96; and September 23, 2004, in the amount of $3,357,274.84. Ayes - 5 - Nays - 0.

CLOSE MEETING, LABOR NEGOTIATIONS

Ms. Hills reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations.

MOTION: of Erickson, seconded by Bergman, to enter into a closed meeting and convene in closed session to discuss LELS Police Sergeants union labor negotiations. Ayes - 5 - Nays - 0.

The Council convened in the Regent Conference Room at 8:40 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl; Human Resources Manager Strauss, City Administrator Lawell, City Clerk Mueller, Police Chief Johnson, and Police Captains Anglin and Lohse. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:53 p.m.

MOTION: of Goodwin, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0.

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