Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 14th, 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 Dougherty, City Engineer Gordon, Park Maintenance Superintendent Adamini, Police Captain Anglin, Finance Director Ballenger, Associate Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, 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 Troop 290.

APPROVAL OF AGENDA

MOTION: of Grendahl, seconded by Erickson, approving the agenda for tonight's meeting as presented. 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 Bergman, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of September 23rd, 2004, as written. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-198 accepting, with thanks, the donation of $500.00 from Target Corporation toward sponsoring the Police Department's Child Passenger Safety Program. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, proclaiming October 2004, as "National Arts and Humanities Month" in celebration and promotion of art and cultural activities. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving issuance of a 2004 Christmas Tree Sales Lot License to Bill Brabec, d/b/a Silver Bell Christmas Tree Farm, for use at East Valley Plaza, as described in the City Clerk's memo dated October 11, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, 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 Christopher M. Mehalovich as General Manager; as described in the City Clerk's memo dated October 11, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-199 setting a public hearing, at 8:00 p.m., on November 9, 2004, on the application of Planned Enterprises, LLC, d/b/a Joey's Only Seafood Restaurant, for new on-sale wine and 3.2 percent malt liquor licenses at 14638C Cedar Avenue (Cedar Marketplace). Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-200 approving division of special assessments identified as: 2522, Fischer Market Place 8th; 26004, The Legacy of Apple Valley 3rd; 26003, The Legacy of Apple Valley 2nd; 26084, Wensmann 13th Addition; 26202, Harmony Commons; and 26226, The Legacy of Apple Valley 4th. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, receiving the City's 2003 Financial Audit and Management Letter by Kern, DeWenter, Viere, Ltd. Ayes - 5- Nays - 0.

MOTION: of Bergman, seconded by Grendahl, authorizing the sale of surplus City vehicles at the State of Minnesota Materials Management Division's public auction on November 6, 2004, as described in the Public Works Supervisor's memo dated October 14, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving a Letter of Agreement with Dakota County for the Minnesota Department of Public Safety Safe Community Grant Program for activity reimbursement, in the amount of $2,000.00, as attached to the Police Chief's memo dated October 8, 2004, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving a revised Grant Agreement with Community Housing Development Corporation (CHDC) for Haralson Apartments (formerly Lebanon Valley Place) Community Development Block Grant (CDBG) subrecipient funding as attached to the Community Development Director's memo dated October 8, 2004, and authorizing the City Administrator to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, authorizing engaging Evergreen Land Service Company for relocation services in connection with acquisition of the site for the future water reservoir at the northwest corner of 160th Street and Pilot Knob Road, at a cost of $5,650.00 to $6,500.00, as described in the Community Development Director's memo dated October 8, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-201 approving the Phase 2 Wellhead Protection Plan as an amendment to the Utilities Chapter of the Comprehensive Plan, as recommended by the Planning Commission, and authorizing submitting it to the Metropolitan Council. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving reduction of financial guarantees for: Home Depot/Hillcrest Acres NRMP, from $25,925.00 to 0; Legacy Square Townhomes, from $416,700.00 to $206,646.00; and Whispering Pines, from $21,000.00 to 0. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-202 receiving the preliminary engineering report for Project 04-266, Summerfield Townhomes 2nd Addition Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on November 9, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-203 directing the City Engineer to prepare plans and specifications for Project 04-266, Summerfield Townhomes 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-204 approving specifications for Project 04-270, Well Pumps 1 and 2 and Water Treatment Plant Low Zone Pump1 Maintenance, and authorizing advertising for receipt of bids, at 2:00 p.m., on November 9, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-205 awarding the contract for Installed Suspended Modular Tennis Flooring at Hagemeister Park, Wildwood Park, and Apple Valley Sports Arena to Dermco-LaVine Construction Co., the low bidder, in the base amount of $94,988.00 plus options for site preparation and snap-in lines for a total contract of $98,288.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 1 to the contract with Ron Kassa Construction Co., Inc., for Concrete Sidewalk Replacement Services, adding installation of sidewalk on the east side of Pennock Avenue north of 138th Street, at a cost of $13,120.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving acquisition of a Drainage and Utility Easement on part of Lot 27, Block 1, Nordic Woods 2nd Addition, in connection with Project 03-232, and authorizing payment of $3,195.62 to Michael and Kathleen Green, as attached to the City Engineer's memo dated October 11, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving a Tower Transfer Agreement with Norlight Telecommunications, Inc., transferring ownership of the tower adjacent to Palomino Water Reservoir to the City, as attached to the Public Works Director's memo dated October 14, 2004, and authorizing the Mayor and City Clerk to execute the necessary documents. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving a City contribution of $650.00 per month towards employee health/dental/life insurances for benefit-eligible employees covered by the Pay and Benefit Plan effective January 1, 2005, as described in the Human Resources Manager's memo dated October 11, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving Addendum No. 1 to the Independent Contractor Agreement with Bonnie Shea for liquor store management services extending the Agreement to December 31, 2004, as attached to the City Administrator's memo dated October 11, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving the Fire Chief's appointment of Scott DeForrest as Fire Department Training Officer as described in the memo dated October 11, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated October 14, 2004. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

ALF AMBULANCE LIFESAVER AWARDS

Tom Kelley, ALF Ambulance Administrator, reviewed his memo dated October 11, 2004, describing life-saving procedures taken in response to a cardiac arrest call on August 6, 2004. Gary Bayer suffered a cardiac arrest while working outside at the Cobblestone Lake development. Matt Durand and Ronald Hanson, Jr., working nearby, saw him and began CPR while 9-1-1 was notified. Firefighter Joe Betelak, who lives near the area, and Police Officer Mitch Scott heard the call and responded directly to the scene and continued CPR and applied an Automatic External Defibrillator (AED) to Mr. Bayer. For these actions, ALF presented certificates of appreciation to the responders. Mr. Kelley also thanked Apple Valley Dispatcher Terry McNulty and Kyle Strege and Weezie Murray, of ALF, for their roles in the response.

Sueling Shardin, of the American Heart Association, was present and presented plaques to each of the individuals involved as well. Mr. Bayer and his wife and son were present to thank everyone for their efforts.

LMC ACHIEVEMENT AWARD

At the League of Minnesota Cities Annual Conference on October 12, 2004, the City received an award for innovation and excellence in cooperation for its Automatic External Defibrillator (AED) Program. Firefighter Stew Shepherd, Police Officer JoEllen Rutzen, and Patti McCauley, of ALF, were present and have been involved in the program to place AEDs in public places and provide training on their use. Mayor Hamann-Roland thanked them for developing and implementing the program.

VALLEY OAKS ESTATES

Ms. Dykes reviewed the Planning Commission recommendation on Valley Oaks Estates, located north of 138th Street between Pennock Avenue and Cedar Avenue. The subdivision is proposed for 17 single family lots on 13 acres owned by the Ericksons, Radichels, and Andersens. The Andersen property requires rezoning from "M-3A" to "R-3". The Radichel property will be reconfigured to a rectangle and remain approximately 4.85 acres in size. The remaining 16 lots average 17,497 square feet each. Gossamer Way will be extended through the site and connect to 138th Street with sidewalks on both sides. Due to the amount of grading required for the street, 60% of the significant trees will be lost requiring replacement of at least 316 caliper inches of trees.

Councilmember Bergman asked, since there are no sidewalks on existing Gossamer Way, would sidewalk on one side only of the new street save more trees and will sidewalk be extended north in the future. Ms. Dykes said because of the amount of grading involved, sidewalk installation would not really affect tree loss. There will be access to Wallace Park on the west side of the street. There are no plans to extend the sidewalk north at this time, but residents could petition for it and the City could install it as a special assessment project.

Councilmember Grendahl questioned whether sidewalk in this area makes sense unless there is some continuity. Ms. Dykes said areas like this exist throughout the City and the policy now is to install sidewalks in new developments. If neighborhoods petition for sidewalk or missing links are part of a pedestrian route, they can be added in the future.

Pat Carpenter, of James R. Hill, representing the developer, was present and commented on the difficulty they had laying out the site. They also questioned whether sidewalk is needed. There is some potential to reduce tree loss on the east side of Gossamer Way without sidewalk. Topography on the west side of the street is more extreme and sidewalk would not make a difference in tree loss.

MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 759 rezoning property at 13784 Greenland Avenue (in Section 21) from "M-3A" to "R-3" (single family residential) as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2004-206 approving the preliminary plat of Valley Oaks Estates (Erickson, Radichel, and Andersen properties) with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2004-207 ordering preparation of a preliminary engineering feasibility report for Project 98-371, Valley Oaks Estates Utility and Street Improvements. Ayes - 5 - Nays - 0.

AMENDMENTS TO HOME DEPOT CONDITIONAL USE PERMITS

Mr. Lovelace reviewed the Planning Commission's recommendation on Home Depot's request to amend conditional use permits to allow propane tank exchange in its outdoor garden center and change the time period for its temporary outdoor display area. The time period allowed is currently April 15 to June 15 and August 15 to October 1. It would be changed to April 15 through August 1 of each year. He described the conditions under which the propane tank sales and exchange would be allowed.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-208 approving an amendment to the Conditional Use Permit, authorized by Resolution No. 2002-23, allowing propane tank sales/exchange by Home Depot within the outdoor garden center on Lot 6, Block 1, Hillcrest Acres; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-209 approving an amendment to the Conditional Use Permit, authorized by Resolution No. 2002-24, allowing a temporary outdoor display and sales area by Home Depot, on Lot 6, Block 1, Hillcrest Acres; from April 15 through August 1 of each year with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

METROPOLITAN COUNCIL DRAFT 2030 TRANSPORTATION POLICY PLAN

Mr. Kelley reviewed his memo dated October 11, 2004, concerning he Metropolitan Council's proposed 2030 Transportation Policy Plan. This plan is being updated to become consistent with and implement the adopted 2030 Framework. The intent is that after this plan is adopted, cities will need to incorporate it into their Comprehensive Plans. Comments are being accepted until October 22, 2004, and he prepared a draft letter for the Council to consider. They relate to revenue sources for transportation including implementation of impact fees; transit service to accommodate new development; and a need for parking structures when high density development occurs along major transit corridors. Mayor Hamann-Roland suggested adding a comment on the effect of surface parking related to stormwater management issues.

MOTION: of Erickson, seconded by Grendahl, authorizing the Community Development Director to submit the letter commenting on the Metropolitan Council Draft 2030 Transportation Policy Plan as attached to his memo dated October 11, 2004, with modifications addressing parking and storm water issues. Ayes - 5 - Nays - 0.

ORDINANCE AMENDING ZONING PERFORMANCE STANDARDS

Ms. Dykes gave the first reading of an ordinance amending City Code Chapter 155 regarding zoning and land use regulations as contained in her memo dated October 8, 2004. Most of the changes are proposed to comply with State Statutes and to clarify the intent of some of the regulations. Changes include: Calculating the height of a building from the first above-grade habitable floor rather than from grade. Allowing two accessory buildings on a single family lot; one up to 750 square feet and one up to 120 square feet. Defining temporary dumpsters, trailers, and other structures allow during construction. Requiring infiltration ponds and rain gardens for commercial, industrial, multiple residential, and institutional developments. Capping the maximum impervious surface on a single family lot at 35%. Limiting garage sales to three per residence per year with each sale not exceeding three consecutive days. Regulations for the location and site design of antennas and towers.

Because the Planning Commission held a public hearing on these proposed changes, it was recommended that the provision for second reading be waived.

MOTION: of Erickson, seconded by Goodwin, waiving the provision for a second reading and passing Ordinance No. 760 amending various sections of City Code Chapter 155 pertaining to zoning and land use regulations and zoning district performance standards, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

ORDINANCE SETTING MAYOR AND COUNCILMEMBERS SALARIES

Mr. Lawell gave the first reading of an ordinance increasing the salaries of the Mayor and Councilmembers for 2005 and 2006 as contained in his memo dated October 11, 2004. The last time the issue was addressed was in October of 2000 when adjustments were approved for 2001 and 2002. The proposed ordinance would increase the salaries by 2.5 percent in both 2005 and 2006. Currently the Mayor's salary is $815.00 per month and the Councilmembers' salaries are $582.00 per month.

MOTION: of Erickson, seconded by Goodwin, waiving the provision for a second reading and passing Ordinance No. 761 amending City Code Section 30.05 by setting the salary of the mayor at $835.00 per month and the salary of each councilmember at $597.00 per month effective January 1, 2005; and setting the salary of the mayor at $856.00 per month and the salary of each councilmember at $612.00 per month effective January 1, 2006. Ayes - 5 - Nays - 0.

PLANNING COMMISSION APPOINTMENT

Mr. Lawell reviewed the memo, dated October 11, 2004, regarding a vacancy on the Planning Commission for a term expiring March 1, 2006. Six applications were received for the position and they are listed in the memo.

Mayor Hamann-Roland asked for nominations for the vacant position on the Planning Commission. Councilmember Erickson nominated Keith Diekmann, Vic Ellison, Thomas Helgeson, Kristopher Nelson, Brent Schulz, and Wayne Scott. The Mayor asked for any other nominations; there were none.

MOTION: of Goodwin, seconded by Bergman, amending the procedure to reduce the number of candidates for appointment, established by Resolution No. 1997-165, by selecting four names on the first ballot for the Planning Commission nominees. Ayes - 5 - Nays - 0.

The City Attorney distributed ballots to the Council who were asked to each select four names from the six nominees. After selections were made, they were tallied and the Clerk announced six names remained. The Clerk prepared ballots that were distributed to the Council who were again asked to each select four names. After selections were made, they were tallied and the Clerk announced that five names remained.

The Clerk prepared ballots that were distributed to the Council who were asked to each select four names. After selections were made, they were tallied and the Clerk announced that five names remained.

MOTION: of Erickson, seconded by Goodwin, amending the procedure to reduce the number of candidates for appointment, established by Resolution No. 1997-165, by selecting three names on the next ballot. Ayes - 5 - Nays - 0.

The Clerk prepared ballots that were distributed to the Council who were asked to each select three names of the five listed. After selections were made, they were tallied and the Clerk announced that four names remained.

MOTION: of Grendahl, seconded by Erickson, amending the procedure to reduce the number of candidates for appointment, established by Resolution No. 1997-165, by selecting two names on the next ballot. Ayes - 5 - Nays - 0.

The Clerk prepared ballots that were distributed to the Council who were asked to each select two names of the four listed. After selections were made, they were tallied and the Clerk announced that two names remained.

The Clerk prepared ballots that were distributed to the Council who asked to each select one name. After selections were made, they were tallied and the Clerk announced that the name of Thomas Helgeson remained.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2004-210 appointing Thomas C. G. Helgeson to the Planning Commission for a term expiring March 1, 2006. Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

The Council received a memo dated October 11, 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 29, 2004, in the amount of $496,836.35; October 6, 2004, in the amount of $23,229,308.06; and October 13, 2004, in the amount of $367,829.00. Ayes - 5 - Nays - 0.

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

The meeting was adjourned at 9:56 o'clock p.m.