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, Police Captain Anglin, Finance Director Ballenger, Assistant Finance Director Broughten, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Parks and Recreation Director Johnson, Community Development Director Kelley, 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 Ben Stauffer of Scout Troop 290.

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 Bergman, seconded by Goodwin, moving consideration of Project 03-238, Harmony Commons Improvements, to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of October 14th, 2004, as written. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-211 amending and adjusting the amounts of petty cash change funds for various locations and operations of the City. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a change in manager for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar, in connection with the On-Sale Liquor License at 14658 Cedar Avenue, naming Teressa L. Tichy as General Manager; as described in the City Clerk's memo dated October 25, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a change in manager for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, in connection with the On-Sale Wine License at 7593 West 147th Street, naming James G. Olson as General Manager; as described in the City Clerk's memo dated October 25, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-212 setting a public hearing, at 8:00 p.m., on November 23, 2004, on applications for renewal of on-sale liquor and wine licenses for 2005. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, granting setback variances to allow construction of a 750 square-foot detached garage to within one foot of the private street and four feet of the side yard at 13530 Embry Way (in Section 24) as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving an Amendment to the Development Agreement for The Legacy of Apple Valley North, concerning development of Outlot A and granting a right of entry to the City; as attached to the City Planner's memo dated October 25, 2004; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-213 approving the final plat and Development Agreement for Summerfield Townhomes Second Addition, including a provision for private installation of improvements, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, canceling the public hearing set for November 9, 2004, on Project 04-266, Summerfield Townhomes Second Addition Utility and Street Improvements, because it will be installed privately. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-214 approving the final plat and Development Agreement for Diamond Gates and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-215 awarding the contract for Project 03-219, Diamond Gates Utility, Street and Pathway Improvements, to Three Rivers Construction, Inc., the low bidder, in the amount of $260,008.76. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-216 receiving the preliminary engineering report for Project 94-371, Valley Oaks Estates Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on November 23, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-217 directing the City Engineer to prepare plans and specifications for Project 94-371, Valley Oaks Estates Utility and Street Improvements. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 3 to the contract with Ryan Contracting Co. for Project 02-214, Dahle Oaks Utility and Street Improvements, in the amount of an additional $3,472.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting Project 03-244, Well No. 10 Standby Diesel Generator Set and Installation, as final and authorizing final payment on the contract with Ziegler Power Systems, Inc., in the amount of $8,335.50. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated October 28, 2004. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

FIRE DEPARTMENT CERTIFICATES OF MERIT

Fire Chief Wassmund reviewed his memo dated October 25, 2004, describing heroic actions by neighbors in response to house fires on October 5 and 6, 2004. On October 5, 2004, Michael Friendshuh helped Sarah Hazelton from her burning home, at 12210 Geneva Way, before the Fire Department arrived. In the early morning of October 6, 2004, Josh Eull, Roger Garza, Jr., and Joe Richards woke Mary Ann Mielke and rescued her from her burning home, on Germane Avenue, before the Fire Department arrived. Certificates of Merit were presented to all of these individuals in appreciation for their efforts.

Mary Ann Mielke thanked everyone for saving her life and said she is purchasing bricks for each of her rescuers at the City's Firefighter Memorial. Her sister, Barbara Milon, read a poem she wrote to express gratitude to everyone who helped Mary Ann.

2004 SPECIAL ASSESSMENT ROLL 529

Mayor Hamann-Roland called the public hearing to order, at 8:15 p.m., on Special Assessment Roll No. 529 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memos dated October 25 and 28, 2004, describing the assessment roll for Legacy of Apple Valley, totaling $2,457,858.00. The property owner requested reallocation of storm water pond assessments on Legacy Square Townhomes to other lots contained in the revised assessment roll. A letter was received from Samuel Espana and Sally Patron-Espana, 15433 Frost Path, concerning Town & Country Homes' responsibility for the assessments on their property. Ms. Patron-Espana was also present. The Mayor asked for other questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:18 p.m.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2004-218 approving and levying 2004 Special Assessment Roll No. 529, for improvements, as revised, in the total amount of $2,457,858.00. Ayes - 5- Nays - 0.

2004 SPECIAL ASSESSMENT ROLL 530

Mayor Hamann-Roland called the public hearing to order, at 8:19 p.m., on Special Assessment Roll No. 530 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated October 25, 2004, describing the assessment roll, totaling $69,160.18, 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 8:20 p.m.

MOTION: of Erickson, seconded by Grendahl, adopting Resolution No. 2004-219 approving and levying 2004 Special Assessment Roll No. 530, for delinquent utilities, in the total amount of $69,160.18. Ayes - 5 - Nays - 0.

2004 SPECIAL ASSESSMENT ROLL 531

Mayor Hamann-Roland called the public hearing to order, at 8:21 p.m., on Special Assessment Roll No. 531 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated October 25, 2004, describing the assessment roll, totaling $3,225.00, for delinquent false alarm 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 8:22 p.m.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-220 approving and levying 2004 Special Assessment Roll No. 531, for delinquent false alarm charges, in the total amount of $3,225.00. Ayes - 5 - Nays - 0.

PROJECT 03-238, HARMONY COMMONS IMPROVEMENTS

Mr. Dougherty commented on the Harmony Commons development, at 153rd Street west of Galaxie Avenue. The property has been platted into outlots but right-of-way for streets and utilities was not been dedicated and will be provided when the outlots are replatted. Due to timing to complete the improvements, the developer would like to proceed with the improvements. He prepared a document granting right of entry to the City and a waiver of the developer's right to appeal special assessments for the improvements. When the property is replatted, vacation proceedings will be required to remove this document and the developer understands that. The agreement was signed this morning subject to review by the developer's attorney. Randy Pederson, representing the developer, was present and said their attorney is now satisfied with the documents. Mr. Dougherty also spoke with the attorney.

MOTION: of Goodwin, seconded by Erickson, accepting the Right of Entry and Waiver of Right to Appeal Assessments for Harmony Commons allowing public improvement Project 03-238 to proceed. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-221 awarding the contract for Project 03-238, Harmony Commons Utility and Street Improvements, to Frontier Construction Co., the low bidder, in the amount of $498,299.92. Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

Councilmember Bergman reminded everyone to vote in the General Election on November 2, 2004. He thanked all employees who worked on the security detail on October 22, 2004, and all participants in the commercial vehicle inspections conducted on October 20, 2004.

The Council received a memo dated October 25, 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 October 21, 2004, in the amount of $15,463,881.57; and October 28, 2004, in the amount of $9,766,660.79. Ayes - 5 - Nays - 0.

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

The meeting was adjourned at 8:47 o'clock p.m.