Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 10, 2006, 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 Gackstetter, City Attorney Dougherty, City Engineer Gorden, Finance Director Ballenger, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Acting Community Development Director Lovelace, Police Captain Marben, Police Captain Rechtzigel, 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 Boy Scout Brian Tainter, of 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

Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda.

MOTION: of Bergman, seconded by Goodwin, and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of July 27, 2006, as written. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2006-131 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Ducks Unlimited, #185, for use on September 13, 2006, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2006-132 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Firefighters Relief Association, for use on September 16, 2006, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion, Post 1776, for use on September 16, 2006, at Fire Station No. 1; as described in the City Clerk's memo dated August 7, 2006. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2006-133 appointing individuals listed in the resolution to serve as judges for the Primary Election to be held on September 12, 2006, in the City. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the Consultant Agreement with Maus Group, for the Industrial Land Use Study, as attached to Acting Community Development Director's memo dated August 6, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving release of subdivision financial guarantees for Dahle Pines - NRMP, as listed in the Community Development Secretary's memo dated August 4, 2006. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2006-134 approving the final plat of Continental 145 Fund Addition, waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2006-135 directing the City Engineer to prepare plans and specifications for Project 06-331, Southeast Trunk Water Main. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2006-136 awarding the contract for Project 06-330, Interior Coating and Exterior Cleaning of Valleywood Reservoir, to TMI Coatings, Inc., the low bidder, in the amount of $66,800.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting Reconditioning of Hydrants as final and authorizing final payment on the agreement with Champion Coatings, Inc., in the amount of $13,284.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the part-time and seasonal employees, as listed in the Personnel Report dated August 10, 2006. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

AUTOMARK PUBLIC DEMONSTRATION

Ms. Gackstetter demonstrated the AutoMARK electronic ballot marking equipment. The equipment is designed to assist individuals with disabilities so they may vote privately and independently. The AutoMark is the only equipment certified by the Sate of Minnesota to meet the requirements of the Help America Vote Act (HAVA) passed by Congress in 2002. She demonstrated the various visual and audio features of the machine. An AutoMARK machine is currently available for absentee voting and one will be available at each precinct during this year's Primary and General Elections.

CURRENCY EXCHANGE LICENSE - WAL-MART STORES, INC.

Ms. Gackstetter described the request by Sam's West, Inc, d/b/a Sam's Club #4736, for a currency exchange license. The license is issued by the Minnesota Department of Commerce subject to approval or disapproval by the governing body of the local unit of government where the business proposes to locate.

Mayor Hamann-Roland called the public hearing to order at 8:27 p.m. and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:28 p.m.

MOTION: of Goodwin, seconded by Erickson, approving issuance of a currency exchange license by Minnesota Department of Commerce to Sam's West, Inc., d/b/a Sam's Club #4736, 14940 Florence Trail. Ayes - 5 - Nays - 0.

SET INFORMAL MEETING

MOTION: of Bergman, seconded by Erickson, setting an informal meeting at 6:30 p.m., on August 24, 2006, at the Municipal Center, for the purpose of discussing the 2007 proposed budget and tax levy. Ayes - 5 - Nays - 0.

CALENDAR OF UPCOMING EVENTS

MOTION: of Goodwin, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk's memo dated August 7, 2006, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0.

CLAIMS AND BILLS

MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated August 2, 2006, in the amount of $537,877.36; and August 10, 2006, in the amount of $2,092,899.88. Ayes - 5 - Nays - 0.

CLOSE MEETING - ATTORNEY-CLIENT PRIVILEGE

Mr. Dougherty asked the City Council to convene in a closed session, under the provisions of M.S. 471.705, to discuss the David Fischer Property Acquisition.

MOTION: of Goodwin, seconded by Erickson, to close the regular meeting and convene in closed session to discuss the acquisition of property from David Fischer with the City Attorney. Ayes - 5 - Nays - 0.

The meeting was closed at 9:27 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 9:31 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Gackstetter, and Public Works Director Heuer. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Mr. Dougherty then discussed the David Fischer property acquisition with the Council. The Council reconvened in open session at 9:39 p.m.

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

The meeting was adjourned at 9:40 o'clock p.m.