Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 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 Dougherty, City Engineer Gordon, Finance Director Ballenger, Recreation Superintendent Breuer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief 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.

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 removing traffic calming on 138th Street 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 November 9th, 2004, as written. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-228 accepting, with thanks, the donation of $1,500.00 from Apple Valley American Legion Post 1776 towards the purchase of a United States flag and flagpole for installation at the Central Maintenance Facility. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-229 approving submission of the Apple Valley, Burnsville, and Eagan joint 2005 landfill abatement and recycling funding application, in the amount of $132,360.00, to Dakota County and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the Apple Valley Convention and Visitors Bureau 2005 budget and marketing plan as attached to the Assistant to the City Administrator's memo dated November 23, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, setting a public hearing before the Planning Commission, at 7:00 p.m., on December 15, 2004, to receive comments on the proposed 2005-2009 Capital Improvements Program as described in the Community Development Director's memo dated November 19, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-230 amending the annual excavating permit for Fischer Sand & Aggregate, LLP, for its operations in Sections 34 and 35, by allowing extended operating hours between 6:00 p.m. and 5:00 a.m., Monday through Saturday, from December 1 through December 31, 2004; in the east pit area with access to Pilot Knob Road and County Road 42 subject to listed conditions. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving extension of the building permit authorization for a temporary sales building in Diamond Gates subdivision through August 14, 2005, subject to the conditions contained in Resolution No. 2003-147. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving reduction of financial guarantees for: Regatta Commons/Hearthstone, from $110,000.00 to $10,000.00; Talcott Glen, from $28,250.00 to 0; Hawthorne 1st Addition, from $325,313.00 to $31,250.00; and Hawthorne 2nd and 3rd Additions, from $487,000.00 to $31,250.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-231 approving plans and specifications for Project 04-261, Redwood Pond Modifications, and authorizing advertising for receipt of bids, at 2:00 p.m., on December 16, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a Certificate of No Net Loss, as required by the Minnesota Wetland Conservation Act, to allow for construction of Project 04-261, Redwood Pond Modification, within a wetland area and authorizing the Mayor and City Clerk to sign the same, as attached to the Natural Resources Coordinator's memo dated November 23, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2004-232 awarding a contract for Project 04-270, Well Pumps 1 and 2 and Water Treatment Plant Low Zone 1 Pump Maintenance, to E. H. Renner & Sons, Inc., the low bidder, in the amount of $28,183.50. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting, Inc., for Project 98-417, Palomino Drive Reconstruction, in the amount of an additional $93,514.33 for early completion and bituminous density incentives. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting the Sewer Camera Installation and Van Setup as final and authorizing final payment on the contract with ABM Equipment & Supply in the amount of $12,200.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting Valleywood Reservoir Overflow Repair as final and authorizing final payment on the contract with Classic Protective Coatings, Inc., in the amount of $26,500.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing acquisition of ponding and drainage easements needed for Farquar Lake, Long Lake, Pilot Pond, and Unnamed Pond EVR-P12 as described in the Public Works Director's memo dated November 23, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, authorizing Bonestroo, Rosene, Anderlik & Associates, Inc., to update the City's Storm Water Management Plan as outlined in the Proposed Scope of Work and Budget attached to the Public Works Director's memo dated November 23, 2004. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employee as listed in the Personnel Report dated November 23, 2004. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

MRPA AWARD OF EXCELLENCE

Steve Benoit, representing the Minnesota Recreation and Parks Association (MRPA), presented an Award of Excellence in Programming and Events to the Parks and Recreation Department. The award recognizes the collaborative effort of the Cities of Apple Valley and Eagan, the YMCA, and Dakota County in providing a Teen Battle of the Bands event. The Cities of Rosemount, Farmington, and Burnsville have also now become involved in this successful event.

2005 ON-SALE LIQUOR AND WINE LICENSE RENEWALS

Mayor Hamann-Roland called the public hearing to order at 8:11 p.m. to consider renewal applications for on-sale liquor and wine licenses for the year 2005 and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the list of the applications as attached to her memo dated November 19, 2004. Necessary checks of police and tax records have been conducted and indicate nothing, which would preclude renewing the licenses.

The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:12 p.m.

MOTION: of Goodwin, seconded by Grendahl, approving renewal, for 2005, of on-sale liquor and wine licenses by adopting Resolutions No. 2004-233 for Apple American Limited Partnership of Minnesota, d/b/a Applebee's Neighborhood Grill & Bar; No. 2004-234 for Rich Mgt., Inc., d/b/a Apple Place; No. 2004-235 for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar; No. 2004-236 for H.O.C., Inc., d/b/a Rascals; No. 2004-237 for Lancer Food Service, Inc.; No. 2004-238 for LRB Restaurant Company, d/b/a Grizzly's Grill N' Saloon; No. 2004-239 for Minnesota Robins, Inc., d/b/a Red Robin of Apple Valley; No. 2004-240 for Wadsworth Old Chicago, Inc., d/b/a Old Chicago; No. 2004-241 for RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday; No. 2004-242 for Bilimbi Bay Minnesota, LLC, d/b/a Bilimbi Bay; No. 2004-243 for El Azteca Apple, Inc.; No. 2004-244 for Water's Edge Restaurant, LLC, d/b/a Enjoy!; No. 2004-245 for Apple Valley American Legion Post 1776; No. 2004-246 for Grand Central Station, Inc., d/b/a Broadway Station Apple Valley; No. 2004-247 for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; No. 2004-248 for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack; No. 2004-249 for JI, Inc., d/b/a Jade Island Chinese Cuisine; and No. 2004-250 for The Noodle Shop Co. - Colorado, Inc., d/b/a Noodles & Company. Ayes - 5 - Nays - 0.

PROJECT 94-371, VALLEY OAKS ESTATES IMPROVEMENTS

Mayor Hamann-Roland called the public hearing to order, at 8:13 p.m., to consider Project 94-371, Valley Oaks Estates Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated October 19, 2004. At this time, the project can be ordered but plans and specifications will not be brought back for approval until a development agreement is completed. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:17 p.m.

MOTION: of Erickson, seconded by Bergman, adopting Resolution No. 2004-251 ordering installation of Project 94-371, Valley Oaks Estates Utility and Street Improvements. Ayes - 5 - Nays - 0.

SCHEDULE CITY COUNCIL MEETINGS

MOTION: of Erickson, seconded by Bergman, setting the 2005 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month, as listed in the City Clerk's memo dated November 19, 2004. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Grendahl, setting a joint informal meeting with the Planning Commission, at 6:00 p.m., on December 9, 2004. Ayes - 5 - Nays - 0.

TEMPORARY TRAFFIC CALMING ON 138TH STREET

Councilmember Bergman said the Traffic Safety Advisory Committee met on November 10, 2004, and recommended removal of temporary traffic calming measures on 138th Street west of Cedar Avenue. After listening to comments at that meeting, he asked to have them read so everyone could hear them. Mr. Heuer read his memo dated November 23, 2004, summarizing the effectiveness as minimal and noting that none of the residents attending the meeting were in favor of retaining the traffic calming measures.

Councilmember Goodwin suggested taking pictures of the area before the median, choker, and signs are removed. Documentation should include why it did not work, what residents did not like about it, and the cost. Councilmember Bergman suggested scheduling a joint informal meeting with the Traffic Safety Advisory Committee, sometime during the next year, to discuss mutual concerns.

MOTION: of Bergman, seconded by Goodwin, authorizing removal of temporary traffic calming measures on 138th Street, between Cedar and Pennock Avenues, as described in the Public Works Director's memo dated November 23, 2004, and recommended by the Traffic Safety Advisory Committee. Ayes - 5- Nays - 0.

COMMUNICATIONS & CALENDAR

Councilmember Goodwin distributed a memo to the Council concerning financial reserves. He asked the Council to review it for future discussion.

Mayor Hamann-Roland thanked Councilmember Grendahl for Chairing the Livable Communities Grant Committee of the Metropolitan Council. Councilmember Grendahl said the Committee's recommendations will be considered for award by the Council on December 6 and 20, 2004.

The Council received a memo dated November 19, 2004, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers dated November 10, 2004, in the amount of $196,506.52; November 17, 2004, in the amount of $11,782,295.89; and November 23, 2004, in the amount of $19,512,570.37. Ayes - 5 - Nays - 0.

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

The meeting was adjourned at 8:39 o'clock p.m.