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HomeMy WebLinkAbout01/24/2008 CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 24th, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: Councilmember Erickson. City staff members present were: City Administrator Lawell, Deputy City Clerk Murphy, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works Director Heuer, Utilities Superintendent Blommel Johnson, Parks and Recreation Director Johnson, Community Development Director Nordquist, City Planner 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. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, adding a closed session to discuss Police Sergeant Union Negotiations to the regular agenda and approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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. State Representative Dennis Ozment was present and addressed the Council. He stated he is not seeking re-election following his current term of office, which is up at the end of the year. The Mayor and Council thanked him for his 24 years of service in the Minnesota Legislature. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Grendahl, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of January 10, 2008, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 2 Resolution No. 2008-10 MOTION: of Grendahl, seconded by Bergman, adopting accepting, with thanks, the donation of cash and prizes from various businesses toward sponsorship of the 2008 Mid-Winter Fest Celebration. Ayes - 4 - Nays - 0. Resolution No. 2008-11 MOTION: of Grendahl, seconded by Bergman, adopting accepting, with thanks, the donation of $1,500.00 from MJM Foundation toward Police Department’s K-9 program. Ayes - 4 - Nays - 0. Resolutions No. 2008-12 MOTION: of Grendahl, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Minnesota Zoo Foundation, for use on April 26, 2008, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving issuance of a new 2008 Off-Sale 3.2 Percent Malt Liquor License for Target Corporation d/b/a Target Store T- 2390, at 15560 Pilot Knob Road, as described in the City Clerk’s memo dated January 18, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-13 MOTION: of Grendahl, seconded by Bergman, adopting recognizing the Minnesota Valley Transit Authority (MVTA) as the City’s preferred Transit Provider. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing distribution of promotional materials for high school senior class parties as described in the Parks and Recreation Director’s memo dated January 18, 2008. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing continuation of the Commission/Committee Recognition Program in 2008, as described in the Parks and Recreation Director’s memo dated January 18, 2008. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a Revised Medical Direction Agreement with Allina Health System, ALF Ambulance, and the Apple Valley Cardiac Emergency Partnership, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving an Amendment to the 2005 Joint Powers Agreement with the Dakota County Drug Task Force as attached to the Police Captain’s memo dated January 16, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2008-14 MOTION: of Grendahl, seconded by Bergman, adopting authorizing submittal of Long and Farquar Lakes Nutrient TMDL Report to the Pollution Control Agency and Environmental Protection Agency. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 3 MOTION: of Grendahl, seconded by Bergman, approving a Community Development Block Grant (CDBG) Program Budget Amendment of $50,754.29, as detailed in the Amendment Request Form, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, setting a public hearing at the Planning Commission Meeting, at 7:00 p.m., on February 20, 2008, regarding the proposed update of the 5-Year Capital Improvements Program. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a release of financial guarantee for Woodwinds 4th Addition, and a reduction of financial guarantee for Eastwood Ridge 2nd Addition from $25,140.00 to $22,294.00, as listed in the Community Development Department Assistant’s memo dated January 24, 2008. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing staff to pursue acquisition of necessary easements for construction of Project 07-379, 120th Street West Storm Water Improvements. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, giving authorization to seek proposals for Food and Beverage Services at Valleywood Golf Course to be received by 4:00 p.m. on February 8, 2008. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Letter of Understanding with ProAct for janitorial/grounds keeping duties, as attached to the Parks and Recreation Director’s memo dated January 18, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2008-15 MOTION: of Grendahl, seconded by Bergman, adopting awarding the contract for 11 Mowers Through Lease Agreement, to MTI Distributing, the lowest responsible bidder, in the total amount of $86,947.41. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving Change Order No. 1 to the agreement with Fendler Patterson Construction, Inc., in the amount $267.00, for Performance and Payment Bonds; and accepting Apple Valley Central Maintenance Facility Office Remodel as final and authorizing final payment in the amount of $12,422.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, waiving the procedure for a second reading Ordinance No. 829 and passing amending Section 91.03 of the City Code regulating Animals, by removing reference to a specific poundmaster. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 4 MOTION: of Grendahl, seconded by Bergman, waiving the procedure for a second reading Ordinance No. 830 and passing amending Section 94.01 of the City Code regulating Public Nuisances, by clarifying procedures for assessing costs associated with abating public nuisances. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, waiving the procedure for a second reading Ordinance No. 831 and passing amending Section 130.42 of the City Code regulating General Offenses (False Alarms) by clarifying procedures for assessing costs associated with false alarm charges. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the hiring of full-time and seasonal employees, and resignations, as listed in the Personnel Report dated January 24, 2008. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2008B Mr. Steve Mattson, of Northland Securities, Inc., the City's fiscal consultant, presented an offer to purchase General Obligation Improvement Refunding Bonds, Series 2008B in a negotiated sale. Refunded at this time will save the City approximately $87,002.92, which is more than initially anticipated due to movements in recent interest rates. Resolution No. 2008-16 MOTION: of Grendahl, seconded by Goodwin, adopting authorizing issuance and sale of the City's $2,415,000 General Obligation Refunding Bonds, Series 2008B, to Northland Securities, Inc., an average interest rate of 3.4565055 percent and at a net effective interest of 3.0216051 percent and authorizing execution of the necessary documents. Ayes - 4 - Nays - 0. MID-WINTER FEST 2008 Mr. Randy Johnson and Ms. Kristy Hemphill, Event Coordinator, reviewed activities planned for this year’s Mid-Winter Fest celebration. Activities are scheduled at Hayes Park, Apple Valley Community Center, the Teen Center, the Senior Center, Sports Arena, and Valleywood Golf Course. Buttons are required for admission to the events on February 9 and 10, 2008, and are for sale at various locations for $1.00. This year’s button was designed by Brandon Diessner,a senior at Apple Valley High School. Mr. Johnson also thanked the members of the business community who support this event. Resolution No. 2008-17 MOTION: of Grendahl, seconded by Bergman, adopting proclaiming February 9 and 10, 2008, as “Apple Valley Mid-Winter Fest 2008” CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 5 and encouraging citizens to support and participate in the celebration. Ayes - 4 - Nays - 0. WENSMANN 15TH ADDITION Mr. Lovelace presented the request by Dakota County CDA for zoning amendments, a subdivision, and site plan building permit authorization for a 31-unit townhome and 60-unit senior apartment building on approximately a 6.2 acre site located at the southwest corner of 145th Street West and the future Flagstaff Avenue. The property is Comp Plan guided for mixed use development allowing for a variety of uses which includes apartment buildings and townhouse units that would include 4- and 5-unit buildings. The site is currently zoned Planned Development No. 746 and allows for permitted uses consistent with townhouse dwellings serviced by public sanitary sewer and water systems, provided no single structure contains in excess of 14 dwelling units. The Plan also allows condominium dwellings, provided they are serviced by public sanitary sewer and water systems, and no single structure contains in excess of 24-dwelling units. The petitioner is proposing to deviate from the approved overall plan and is proposing to construct four 4-unit and three 5-unit townhouse buildings, and one 60-unit senior apartment building. The proposed townhome use is consistent with the current zoning; however, rental apartments are not identified as permitted uses. Therefore, an amendment to the planned development ordinance to allow for a rental apartment as a permitted use would be necessary. Midtown Village was originally zoned Industrial. Mr. Lovelace reviewed the elevation drawings. The project would be constructed in phases with the senior building scheduled for completion in 2008. He then reviewed the landscaping plan. Phase two of the project is the construction of the townhomes on the north end of the property. Access would include a private drive, 24 feet in width, which does not meet current code and would require an amendment. The plan includes direct access to the attached garages and guest parking. They are proposing a gazebo and playground as well as a network of sidewalks. The landscape plan allows screening for privacy. Each unit would have a front and back. The plan provides for City sewer and water and has been reviewed by the City Engineer. Mr. Lovelace then compared the PD-746 minimum area requirements and standards for the Midtown Village to the Wensmann 15th. The Planning Commission held a public hearing on October 17, 2007, and continued it to November 14, 2007, where more public comment was taken. The Planning Commission voted on the project on December 5, 2007, and had a split vote of 5-2. The Commissioners with the dissenting votes citied the deviation from the original development, concern with the rezoning, and the single-stall garage design. Mr. Lovelace stated the City requires all townhomes to have two-car garages attached to their units; however, there currently are some townhomes with single-car garages in CDA developments. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 6 Mr. Mark Ulfers, Dakota County CDA, gave an overview of the proposal and the housing needs in the area. Apple Valley has about 15 percent rental units and the overall average in Dakota County is 22 percent. The Met Council projects the need for about 1,300 more housing units by the year 2020. Workforce housing is for people with modest wages. Rentals start as low as $585 per month for a two-bedroom townhome and that is significantly below the market. The senior rentals start as low as $340 for one bedroom. There are 400 households waiting for the two senior rentals in Apple Valley. He reviewed past senior and workforce housing in Apple Valley. Mr. Ulfers stated the CDA would like to start construction in 2008 on the senior housing. The workforce housing takes about two years to line up with site plans, funding, etc. He feels this is a wonderful site for this type of project due to employment opportunities, shopping, medical, and transportation. Mr. Ulfers stated the CDA values its partnership with the City of Apple Valley, feels the two have accomplished a lot of good things in the past, and looks forward to continuing the good working relationship. Mr. Terry Wensmann, Wensmann Homes, addressed concerns brought forth at the Planning Commission public hearing and the fact that some people believed the parcel of land Wensmann Homes was selling to the CDA was already part of the Midtown Village Association. He clarified the parcel has never been part of the Midtown Village Association. The Planning Commission brought up the change of plan. Wensmann Homes deliberately scheduled this development in phases because it makes good business sense. They only platted those lots knowing there could be changes in the future. He asked the City to look at change just as it looks at change in their Comprehensive Guide Plan. They are asking to be treated no different as far as being able to make a change to a land use. Wensmann Homes is not looking for the City to bail them out. They are only asking for an opportunity to sell some excess inventory. There is an over supply of townhouse lots and they are asking to sell that property to the CDA, which will provide a product to Apple Valley that is in high demand. Mr. Paul Stoll, 12686 Durango Place, recognized a number of people in the audience from the faith community and asked that the Council vote "yes" to the development. He supports workforce housing and stated it provides stability and economic infrastructure in the community. Councilmember Grendahl acknowledged this is not an easy decision for her. She chairs the Minnesota Liveable Communities Advisory Committee and makes recommendations to the Metropolitan Council to fund these types of projects all over the metro area. She stated she has a long record of not rezoning industrial and commercial property. She may not have agreed to the original rezoning that was before the Council in the beginning. She stated she would not have rezoned this property and that people made investments on decisions the Council has made in the past. In all fairness to those residents, she cannot support it in order to be consistent with her actions in the past. She compared it to a prior incident in the Cobblestone area where a neighborhood did not support a Target and the developer went back and worked with the community. She stated the Council makes the decisions, but it looks to community involvement in the decisions it makes. She has not seen that in this instance and, therefore, cannot support the project. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 7 Councilmember Bergman stated he met with Mr. Ulfers on this project and commended Mr. Wensmann on a wonderful project. He commented on previous projects built by CDA in this community and how outstanding they are. He agrees with Councilmember Grendahl. Councilmember Bergman acknowledges Mr. Wensmann's comments about excess property needing to be sold, but added as decision makers, the Council made some decisions about projects that still have not gotten off the ground. He stated Mr. Wensmann has provided a very good project. Not to say the next project coming in for the CDA is not good, but states he signed on to a specific design and layout, for the overall Midtown Village project. He firmly believes in it and stands by his decision of what is currently there. Councilmember Goodwin stated he has been on the City Council for a number of years and the Council has always taken the opportunity to participate in CDA projects. The City has approved two workforce buildings and two senior buildings. It is not a question of whether this Council is going to approve workforce or senior housing, it is a matter of location. He wonders why to do one thing, you have to undo something else. He feels the Midtown Village project the Council previously approved was a great project. One day 147th Street will be a very busy street in a commercial area and what was previously approved would add to it. Councilmember Goodwin states there are quality townhomes being built, but that is not the issue. It is not a matter of not taking the units. The City will take 31 workforce units in this community and the 60 senior units. We will not pass on that opportunity; we never have and we never will. It is just a question of where do they go. His point is why undo a great project to do something else you want to do. Councilmember Goodwin feels there are a number of places in the City both the workforce units and senior housing could be placed within the stated time frame. He understands the CDA has pressure, especially with the workforce housing because they have to line up sites. He knows we can get something built by 2010. He does not want to undo one of the greatest projects the Council has approved in order to do something else with the site, when it is possible to do them both. Mayor Hamann-Roland confirmed that the City Council supports workforce and senior housing. When the Council rezoned that area it supported the character of the original development. She understands the need for other housing in this area. Mayor Hamann-Roland stated Apple Valley has a history of realizing how important all types of housing are. Workforce and senior housing, which helps ensure a healthy and stronger community, is something Apple Valley has always done. Carl William Ireland, 148 Shasta Court, believes the proposal would have gone through as planned if there was not a change in the market. He feels the City needs to be flexible enough to change with the situation as the market changes and needs to make good decisions. He said it is sad when people work in the community and cannot find a place to live in it. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 8 Councilmember Goodwin reaffirmed that the Council stated they support building those units. He asked Mr. Ireland if it is critical to him where the project gets built or critical that the project gets built. Mr. Ireland stated "gets built". He wants quality units built in the same time frame. Councilmember Goodwin stated he can think of a number of building places in Apple Valley that are close to medical, transportation, shopping, etc. He feels what is built there now, such as the row house look we never had, makes a great natural transition to commercial and it looks really nice. He confirmed they will be built in the City. It is just where we can do it without undoing something that looks very nice now. He stated that they will do it by 2009 and 2010. Councilmember Bergman confirmed he is a strong supporter of workforce and senior housing and is very passionate about it. He stated our numbers may differ from those of the Met Council but he reassured everyone there will be a project out there that will be done by 2009 and 2010. Motion: of Goodwin, seconded by Hamann-Roland, waiving the provision for a second reading and passing an ordinance amending Planned Development No. 746. Ayes - 0 - Nays - 4. The Council cited the following reason for denial: Councilmember Goodwin referenced his comments made earlier and stated the Council is committed to build workforce housing by 2010 and senior housing by 2009. Councilmember Bergman cited his previous comments. Councilmember Grendahl reiterated she has had a long record of not rezoning industrial because we need jobs in this City and people are going elsewhere for jobs, and she never would have rezoned this from industrial. Mayor Hamann-Roland shared it was because of a character change from the original proposal from where it is today and that she is a strong supporter of workforce housing and senior housing and will always be because we need it for a healthy community. Motion: of Goodwin, seconded by Grendahl, adopting a resolution approving Wensmann 15th Addition preliminary plat. Ayes - 0 - Nays - 4. Motion: of Goodwin, seconded by Bergman, adopting a resolution approving site plan/building permit authorization for Midtown Family Townhomes, 31 units, on Lot 1, Block 2, Wensmann 15th Addition. Ayes - 0 - Nays - 4. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 9 Motion: of Grendahl, seconded by Goodwin, adopting a resolution approving site/plan building permit authorization for Midtown Seniors Apartment, 60 units, on Lot 1, Block 1, Wensmann 15th Addition. Ayes - 0 - Nays - 4. Mayor Hamann-Roland called a recess at 9:25 p.m. Mayor Hamann-Roland resumed the meeting at 9:32 p.m. AIRPORT NOISE UPDATE Councilmember Bergman presented the report of the latest updates regarding airport noise. He has worked on a number of issues affecting air traffic noise over Apple Valley. There have been significant developments on some of these issues that should decrease airport noise over Apple Valley and improve residents' quality of life. Nighttime operations have been prioritized on the parallel runways as originally intended and the air carriers have agreed to educate pilots on the economical and noise-based rationale for not lowering landing gear too early in the landing process. He stated the MSP Noise Oversight Committee (NOC) received a memo from Chad Leqve, manager of Aviation Noise and Satellite Programs, regarding a voluntary nighttime operations agreement. MAC approved the letter to be sent to the airlines that service Minneapolis/St. Paul International Airport requesting operators to voluntarily put forth their best efforts to avoid scheduling operations between the nighttime hours of 10:30 p.m. and 6:00 a.m. and avoid the use of hushkitted Stage 3 aircraft for flights that are scheduled to occur during the nighttime hours. Councilmember Bergman reported reconstruction of the center runway which was planned for 2008 is now delayed to 2009 due to the Republican National Convention. NOC received concern that nighttime overflights from Runway 17 were not in accordance with Runway Use System (RUS). NOC notified the FAA which, in turn, briefed its supervisors on the importance of adhering to the RUS. The result has been a significant decrease in nighttime flights from Runway 17. Councilmember Bergman affirmed noise reduction is due to most flights taking off on the parallel runways that fly over Eagan. He said NWA is the major carrier servicing MSP airport. They announced they are planning to decrease their fleet of DC-9's from 103 to 68 by the end of 2008. DC-9's are less fuel efficient and noisier than manufactured Stage 3 aircraft. Apple Valley raised concern to NOC that premature extension of landing gear was increasing noise during the landing process. This process has many safety factors involved, so set rules are not appropriate. NWA agreed to post on the MSP pilot information web page text message for pilots, text posted on company flight operations website, and communication from the chief pilot to all airline pilots. Councilmember Bergman asked if the other flight carriers servicing MSP airport could also utilize text messaging. NOC will ask MAC to send letters to the other carriers. The next MAC meeting CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 10 for anyone to attend will be held at the Ramada at the Mall of America on February 19, 2008, at 7:00 p.m. Chad Leqve, manager of Aviation Noise and Satellite Programs, pointed out two major factors that contributed to the success of the Noise Oversight Committee since operations have started in mid-2003. First, they have had a significant amount of support from their commissioners and members. Second, and probably the most important element, is the members on the Noise Oversight Committee. He stated Councilmember Bergman has done a fabulous job representing the City of Apple Valley and that is evident in the accomplishments he presented this evening. The Council thanked Councilmember Bergman for the wonderful job he has done representing the City of Apple Valley. ORDINANCE REGULATING RESIDENTIAL PARKING Ms. Dykes gave the first reading of an amendment to the residential parking ordinance. She stated there is a correction on the agenda. It really is Chapter 71, 72, and 155 where the majority of the changes are in the zoning code. This is an item that has been before the Council before. She stated this is a product of almost three years of work by the Urban Affairs Committee. It has been presented to the Planning Commission and in various media. There are a number of changes that are being proposed in this ordinance. Councilmember Goodwin stated he feels this is a very important ordinance and he does not want people coming back in a month and saying they never heard about this. He feels the press can help by having coverage in both local papers and the City can post information on its web-site. Mayor Hamann-Roland agreed that the local newspapers are the place most residents get their information from and she would like good coverage on the ordinance changes. She agreed with Councilmember Goodwin that is important everyone understands this ordinance. It will be brought before Council for the second reading at the February 28, 2008, meeting. ORDINANCE REGULATING WATER AND SEWERS Ms. Blommel Johnson gave the first reading of an ordinance amending Chapter 51 regulating Water and Sewers. She stated the major change in the ordinance is the addition of water restrictions. This is due to Minnesota Statutes governing water demand reduction measures be implemented to encourage conservation of water. Staff is looking at implementing an odd/even water ban corresponding to residence addresses. Implementing this will help with peak demands on the water system and improve operational efficiency. It may delay expansion of the water treatment plant and additional wells in the City. This would affect common irrigation systems such as townhome associations with multiple addresses being served by one irrigation system. Staff will be setting up a system for that but has not come up with a total solution yet. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 11 She stated staff is also looking at implementing a noon to 6:00 p.m. restriction of no watering on any day. The primary reason for the noon to 6:00 p.m. restriction would be due to the amount of water lost due to evaporation during the hottest time of the day. Staff also has included private well owners who would be subject to the same restrictions as municipal water uses. This ordinance would also include residents who take water out of the lakes and ponds. An exemption to this would be new sod laid in the calendar year and new trees that are planted. Councilmember Grendahl stated she would like to see the City implement one or the other but not two things for people to remember and go from there if usage is not down. Councilmember Bergman agrees with Councilmember Grendahl's comments and understands this is the first reading and staff has time to look at other restriction options. Mr. Donald Hufnagle, 137 Garden View Drive, addressed the Council. He would like to see all the changes implemented at one time rather than additional changes in upcoming years. He prefers one ordinance, one notification, and everything would be done. Ms. Marian Brown, 7754 - 142nd Street W., disagrees with Mr. Hufnagle. She would like to see the noon to 6:00 p.m. implemented first rather than remember if it is an odd or even date. She asked about enforcement and would like to see the first offense be handled with a warning. Ms. Blommel Johnson stated she would like to have the second reading in February so staff has time to get the public educated in the program before summer watering and the arrival of hot weather. COUNCIL COMMUNICATIONS Councilmember Grendahl stated she received the year-end expenditures and is wondering if the 1.6 million dollar balance will hold true or if bills will be coming in the month of January. She stated there were some areas in the negative, Information Technology, Code Enforcement, Data Processing, and Legal Services. She questioned if there was a reason for Data Processing to be over $80,000 on the budget. Mr. Lawell stated staff is still processing the final year-end balances and there still may be some changes. He said staff will look into it and report back to Council. Mary Hamann-Roland shared that at the informal meeting earlier in the evening, Captain Marben made a very informative presentation how the revenue from traffic violations are processed and she is looking forward to another presentation. CALENDAR OF UPCOMING EVENTS CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2008 Page 12 MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated January 18, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated January 17, 2008, in the amount of $3,890,868.58; and January 24, 2008, in the amount of $11,123,247.36. Ayes - 4 - Nays - 0. CLOSE MEETING, LABOR NEGOTIATIONS Mr. Dougherty 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 Grendahl, seconded by Bergman, to enter into a closed meeting and convene in closed session to discuss LELS Police Sergeants union labor negotiations. Ayes - 4 - Nays - 0. The Council convened in the Regent Conference Room at 10:20 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Grendahl; City Administrator Lawell; Deputy City Clerk Murphy; Human Resources Manager Strauss; Frank Madden; Police Captain Marben; and Police Captain Rechtzigel. The meeting was tape recorded as required by law. The Council reconvened in open session at 10:33 p.m. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:34 o’clock p.m.