HomeMy WebLinkAbout02/28/2008
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held February 28th, 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, City Clerk Gackstetter, City
Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner
Bodmer, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works
Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Public Works
Superintendent Blommel Johnson, Community Development Director Nordquist, Police Captain
Rechtzigel, Human Resources Manager Strauss and Fire Chief Wassmund.
Mayor Hamann-Roland called the meeting to order at 8:00 p.m. A moment of silence was
observed in memory of Councilmember Erickson who passed away February 17, 2008.
Everyone took part in the Pledge of Allegiance led by Boy Scout Nolan Bessler from Troop 292.
APPROVAL OF AGENDA
MOTION: of Grendahl, seconded by Goodwin, adding item 5.G.3 - Appointments to ALF
Ambulance and Dakota Communications Center Boards 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.
Ms. Debby Reisinger, 12883 Everest Avenue, inquired as to the progress the City has made
working with the Community Development Agency (CDA) on finding property for workforce and
senior housing.
Mayor Hamann-Roland responded the City contacted Community Development Agency Director
Mark Ulfers immediately following the Council meeting when the item was discussed. The
Community Development Agency is currently looking at several sites and meeting with
developers.
Councilmember Goodwin added that the CDA may be able to pick up additional units by moving
to a different site.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 2
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 Bergman, seconded by Goodwin, approving all items on the consent agenda
with no exceptions. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting
of February 14, 2008, as written. Ayes - 4 - Nays - 0.
Resolution No. 2008-28
MOTION: of Bergman, seconded by Goodwin, adopting accepting,
with thanks, the donation of a $15.00, from Alan Kohls, in memory of
Councilmember Bob Erickson for use by Lebanon Cemetery for landscape
beautification. Ayes - 4 - Nays - 0.
Resolution No. 2008-29
MOTION: of Bergman, seconded by Goodwin, adopting approving
issuance of a lawful gambling exempt permit, by the State Gambling Control
Board, to Apple Valley Sons of the American Legion Squadron 1776, for use on
April 12, 2008, and waiving any waiting period for State approval. Ayes - 4 -
Nays - 0.
Resolution No. 2008-30
MOTION: of Bergman, seconded by Goodwin, adopting approving
issuance of a lawful gambling exempt permit, by the State Gambling Control
Board, to Apple Valley Sons of the American Legion Squadron 1776, for use on
July 4, 2008, and waiving any waiting period for State approval. Ayes - 4 - Nays -
0.
MOTION: of Bergman, seconded by Goodwin, approving issuance of a 2008 Coin-Operated
Amusement Device License for Carmike Cinemas, Inc., at Carmike 15, 15630
Cedar Avenue. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving issuance of a 2008 Coin-Operated
Amusement Device License for Dean Superior Vending Company at Panino
Brothers, 7083 153rd Street West, Suite 1. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Special Outdoor
Promotion/Temporary Sign Permit for placement of signage on City property, as
described in the application, in connection with the 2008 Home & Garden Expo.
Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 3
MOTION: of Bergman, seconded by Goodwin, approving the reduction of financial
guarantees for Knob Ridge 2nd Addition from $133,813.00 to $88,300.00, and
Cobblestone Lake Commercial SB 9563 from $394,906.00 to $50,000.00, and
releasing the financial guarantees for Mathias & Amelia Hoffarth and Cobblestone
Lake Commercial SB 9564, as listed in the Community Development Department
Assistant’s memo dated February 28, 2008. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving soliciting for request for proposals
for transit oriented land use planning Consultant Services, as described in the
Community Development Director’s memo dated February 25, 2008. Ayes - 4 -
Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the proposal from The Brimeyer
Group for Phase I - Position Profile for Public Works Director recruitment, as
attached to the City Administrator’s memo dated February 25, 2008. Ayes - 4 -
Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving issuance of a Natural Resources
Management Permit, with conditions, for Outlot A, Eastwood Ridge 3rd Addition.
Ayes - 4 - Nays - 0.
Resolution No. 2008-31
MOTION: of Bergman, seconded by Goodwin, adopting approving
the final plat of Eastwood Ridge 3rd Addition, waiving the requirement for a
subdivision agreement, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving a one-year extension for the Wal-
Mart Addition site plan/building permit authorization for Lot 1, Block 1, Walmarts
First Addition, subject to conditions set forth in Resolution No. 2007-66. Ayes - 4
- Nays - 0.
Resolutions No. 2008-32, No.
MOTION: of Bergman, seconded by Goodwin, adopting
2008-33, No. 2008-34, No. 2008-35, No. 2008-36, No. 2008-37,
and setting
public hearings, at 8:00 p.m., on March 27, 2008, to consider vacating various
ingress, egress, drainage, and utility easements and right of way in the Cobblestone
Lake Commercial 3rd Addition. Ayes - 4 - Nays - 0.
Resolution No. 2008-38
MOTION: of Bergman, seconded by Goodwin, adopting directing
the City Engineer to prepare plans and specifications for Project 08-387, Sanitary
Lift Station 1 Replacement. Ayes - 4 - Nays - 0.
Resolution No. 2008-39
MOTION: of Bergman, seconded by Goodwin, adopting approving
plans and specifications for Project 07-377, 2008 Street Maintenance, and
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 4
authorizing advertising for receipt of bids, at 10:00 a.m., on April 3, 2008. Ayes -
4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the hiring of full time, part-time,
and seasonal employees, and resignation and termination, as listed in the Personnel
Report dated February 28, 2007. Ayes - 4 - Nays - 0.
END OF CONSENT AGENDA
ROBERT L. ERICKSON WEEK PROCLAMATION
Mayor Hamann-Roland read the proclamation proclaiming February 21 through 28, 2008, as
“Robert L. Erickson Week”. She then presented the proclamation to Mrs. Ruth Erickson.
MOTION: of Goodwin, seconded by Grendahl, proclaiming February 21 through 28, 2008, as
“Robert L. Erickson Week” in recognition and honor of Councilmember
Erickson’s public service to the City of Apple Valley.
Mrs. Ruth Erickson thanked the Council for this honor. She added that Councilmember
Erickson loved Apple Valley and was very proud to be able to serve on its Council. She
thanked the community for its outpouring of love and support. She also said
Councilmember Erickson took pride in the City’s employees and City Council.
Councilmember Goodwin stated he has received several comments and read several
newspaper articles regarding Councilmember Erickson in the last couple of weeks. He
would sum up the comments in this way: “There has never been a finer person in public
office than Robert Erickson”.
Councilmember Bergman said he has requested the tree which will be planted for Arbor
Day be located on the property of one of the facilities Councilmember Erickson cherished.
Councilmember Grendahl noted that even when faced with death, Councilmember
Erickson never lost his character. He kept his honor and sense of humor, and was very
courageous.
Mayor Hamann-Roland acknowledged what a fine man Councilmember Erickson was, and
how he will be missed. She thanked the Erickson family for sharing Councilmember
Erickson with the Council and with the City.
Vote was taken on the motion: Ayes - 4 - Nays - 0.
2008-2012 CAPITAL IMPROVEMENTS PROGRAM
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 5
Mr. Grawe reviewed his memo dated February 28, 2008, concerning the proposed 2008-2012
Capital Improvements Program (CIP). It is a planning document that anticipates capital needs in
future years whether or not they are funded in the requested budget year. It is not a budget or an
authorization to expend funds. He noted that the anticipated 2008 projects are consistent with the
proposed 2008 City Budget. The CIP provides an accurate description of the condition of the
City’s capital assets and encourages consideration of alternate forms of service delivery that do
not require significant capital expenditures. The Planning Commission held a public hearing on
the document, as an amendment to the Comprehensive Plan, on February 20, 2008, and
recommended approval.
Mayor Hamann-Roland noted there are several items in the CIP which have been pushed back
year after year.
Councilmember Grendahl asked about the costs listed to reconstruct the main entrance to the
Western Service Center.
Mr. Heuer explained the costs listed are a result of an agreement with the County to reconstruct
Galaxie Avenue when the Western Service Center expands and relocates its driveway.
Councilmember Grendahl questioned whether cities in Dakota County will still be expected to pay
a percentage of County Road projects with the new transportation bill.
Mr. Heuer stated everything he has heard indicates the County intends to maintain the 55/45 split.
However, the City would like to see that changed.
Councilmember Grendahl recommended a letter be sent to the County requesting the matter be
reassessed. She also inquired about expenses listed for the Pennock Avenue and 140th Street
intersection upgrade. She asked if these improvements would be affected with the Cedar Avenue
Corridor project.
Mr. Heuer explained the project and stated the improvements will be outside the Cedar Avenue
Corridor project.
Councilmember Grendahl commented on the bumps on Whitney Drive, noting the road is not
scheduled to be overlaid until 2010. She asked if that needed to be reassessed.
Mr. Heuer explained the condition Councilmember Grendahl is referring to is called tenting and is
a result of moisture under the road. It is occurring on several roads in the City and throughout
the State.
Councilmember Grendahl asked if there has been any progress with the County on County Road
42 and Garden View Drive as far as striping or traffic controls.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 6
Mr. Heuer said he is still waiting for a written response to a letter he submitted a couple of
months ago. He will call the County tomorrow to see if he can get a response.
Mayor Hamann-Roland asked about having two lanes at that intersection.
Mr. Heuer said that was included in the letter submitted to the County.
Councilmember Grendahl said she has no intention of supporting spending $4 million dollars for
the Valleywood clubhouse. However, she is curious to know why it is listed as being funded out
of two different funds.
Mr. Johnson reiterated that the CIP is a planning document. The costs for improving the
Valleywood clubhouse have been included in the CIP for a number of years, and have been
continually pushed back. It is included in the CIP because the clubhouse is in dire shape and
needs to be improved. The City is in the golf business and needs to take care of that facility like it
takes care of its other facilities. The allocation from the different funds is one of many options. It
would be up to the Council to make the final determination where the money should come from
or even if the improvement should be funded.
Councilmember Goodwin stated he would like to know how many counties have a program
similar to Dakota County in which cities pay a portion of County Road improvements. He would
also like to learn the percentages in which they participate. Councilmember Goodwin said the
clubhouse has been included in the CIP for 10 or 12 years, and keeps getting pushed back. He
explained one of reasons he believes the clubhouse was not included in the park bond referendum
was that it is likely to be funded from various sources.
Councilmember Bergman noted the traffic controls at 153rd and 157th Streets and Pilot Knob
Road are not included in the CIP.
Mr. Heuer explained the traffic signal at 157th Street is being funded by the developer. The
preliminary design for that signal has been submitted to the County for review. However, the
County has made it very clear they will not authorize installation of the signal until traffic at the
intersection meets the warrants.
Resolution No. 2008-40
MOTION: of Goodwin, seconded by Bergman, adopting approving
the 2008-2012 Capital Improvements Program, as an amendment to the City’s
Comprehensive Guide Plan, and authorizing its submittal to the Metropolitan
Council as recommended by the Planning Commission. Ayes - 4 - Nays - 0.
ORDINANCE AMENDMENT REGULATING RESIDENTIAL PARKING
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 7
Ms. Dykes gave the second reading of an ordinance amending Chapters 71, 72, and 155 of the
City Code regulating residential parking. This item was reviewed by the Urban Affairs Committee
and Planning Commission and was the subject of a residential survey. The proposed amendments
were publicized in numerous papers, in the City Newsletter, included in the utility bills, and posted
on the City’s website. Following the first reading, the proposed amendments were published in
both local newspapers and were again posted on the City’s website. Five additional comments
were received and some minor clarifications were made based on the comments.
Mayor Hamann-Roland stated the Council is very pragmatic about its decisions. Council and staff
will be watching to ensure this works. If necessary, additional amendments or changes can be
made in the future.
Councilmember Bergman clarified cars may not block the sidewalk.
Ms. Dykes said that is correct.
Councilmember Bergman asked about the process for acquiring a permit.
Ms. Dykes said it is relatively simple and explained the proposed process.
Councilmember Goodwin repeated the maximum width of a driveway can be 36 feet or 40
percent of the lot width, whichever is smaller. He asked about the width of the driveway through
the right of way.
Ms. Dykes said the maximum width through the boulevard or right of way is 30 feet.
Councilmember Goodwin asked if a resident could get a permit to park six vehicles in their
driveway even if they were not parking any vehicles in their garage.
Ms. Dykes confirmed that they could get a permit provided all the vehicles fit on their driveway
and they did not block the sidewalk.
Councilmember Goodwin questioned if the process is flexible enough to allow staff to provide a
permit for five vehicles if six vehicles did not fit.
Ms. Dykes said staff will review each permit request on a case-by-case basis. The permit allows a
maximum of six vehicles, but if only five vehicles fit on the driveway, that is the amount which
will be permitted.
Mayor Hamann-Roland asked about the driveways that already exist and may no longer be in
compliance with this amendment.
Ms. Dykes said they would be permitted as existing non-conforming uses.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 8
Councilmember Grendahl thanked the Urban Affairs Committee, the Planning Commission and
staff for all of their efforts. She believes the extensive process will serve the public well.
Ms. Sharon Schwartz, of the Urban Affairs Committee, was present. She extended her
condolences over the passing of Councilmember Erickson and noted the City has lost a friend,
colleague, and wonderful leader. She then commented on two changes the Planning Commission
made to the ordinance after it left the Urban Affairs Committee. The first involved allowing
recreational vehicles to be parked on the street over night.
Ms. Dykes explained the reasoning behind the Planning Commission’s decision. She added there
are other sections of the ordinance which address vehicles being parked in the street for periods
over 48 hours.
Ms. Schwartz said her second concern had to do with the elimination of the 13-foot setback for
Class II recreational vehicles and trailers. The Urban Affairs Committee felt this was an aesthetic
and safety issue.
Ms. Dykes again explained the reasoning behind the Planning Commission’s decision. A Class I
vehicle is 7-1/2 feet tall and a Class II vehicle is 8 feet or taller. The Planning Commission
believed site distance could be impaired with either vehicle. They also wanted to be mindful of
not limiting residents with recreational vehicles the same use of their property as owners of
passenger vehicles.
Ms. Schwartz encouraged enforcement of the changes made to this ordinance.
Councilmember Grendahl asked if Ms. Schwartz was comfortable with the 48-hour maximum
allowed on the street.
Ms. Schwartz said the Urban Affairs Committee was aware of the 48-hour limit. However, it did
not want residents to continually park in the street by parking for 48 hours, going away for a short
period of time in order to reset the clock, and then come back and be allowed another 48 hours.
Ms. Dykes said the Planning Commission did not believe the matter a big enough issue at this time
to warrant complicating the ordinance and justify additional staff time in review and enforcement.
Councilmember Grendahl commented about enforcement and suggested staggering Code
Enforcement employees’ hours.
Ordinance No. 834
MOTION: of Bergman, seconded by Goodwin, passing amending
Chapter 71, 72, and 155 of the City Code regulating vehicle parking in residential
districts.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 9
Councilmember Goodwin said if people are parking illegally, it becomes a Police matter.
It is important to watch for violations at all hours of the day and issue tickets when
warranted.
Vote was taken on the motion: Ayes - 4 - Nays - 0.
ORDINANCE AMENDMENT REGULATING WATER AND SEWERS
Ms. Blommel Johnson gave the second reading of an ordinance amending Chapter 51 of the City
Code regulating Water and Sewers. The major change in the ordinance is the addition of water
restrictions. This is due to laws governing water demand requiring reduction measures be
implemented to encourage conservation of water. At the first reading, the Council recommended
changes to the section regulating water restrictions. The ordinance now restricts watering for
lawn irrigation between 11:00 a.m. and 7:00 p.m. between May 1 and September 30 each year.
There are exceptions for newly laid sod or trees planted during the current calendar year,
agricultural and horticultural operations, and golf course and City park critical maintenance
operations.
Mayor Hamann-Roland asked the local newspapers for help in publicizing the new watering
restrictions.
Councilmember Bergman said he has received feedback from the community requesting the hours
of restriction be changed to 11:00 a.m. to 6:00 p.m. This gives people time to water their yards
and/or plants before they go to sporting functions or other activities.
Councilmember Grendahl said she has heard similar concerns, and would agree with the 11:00
a.m. to 6:00 p.m. restriction.
The Council agreed to shorten the restriction to 6:00 p.m.
Ms. Blommel Johnson said the results can be monitored this year. If it is necessary, staff can ask
the Council to consider additional restrictions.
Mr. Heuer commented about the peak demand on the water supply. Last year with the dry
conditions, the City implemented restrictions between noon and 8:00 p.m. Even with that
timeframe, some of the wells were barely able to meet demands and were close to sucking air.
Maintaining the proposed restrictions is critical to provide the necessary time for the systems to
recover.
Councilmember Bergman said the amended restriction is a step in the right direction, especially
considering there are no restrictions currently in place.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 10
Mr. Heuer said staff will need to monitor the results. If it is determined the water reservoirs are
not recovering as needed, additional restrictions will need to be added.
The Council further discussed hour restriction options and the trigger point for issuing further
restrictions.
Councilmember Grendahl asked about agreements with other communities to share water.
Ms. Blommel Johnson stated Apple Valley has interconnects with the Cities of Burnsville,
Lakeville, and Rosemount. The interconnects are designed for emergency situations. Past usage
has been very rare.
Councilmember Goodwin said if the City gets into a situation where public safety is in danger,
Council would expect staff to report that the current policy is not working. At that time,
additional measures can be taken.
MOTION: of Goodwin, seconded by Grendahl, amending the hourly restriction to 11:00 a.m.
Ordinance No. 835
to 6:00 p.m. and passing amending Chapter 51 of the City
Code regulating Water and Sewers. Ayes - 4 - Nays - 0.
REAPPOINT COMMISSION & COMMITTEE MEMBERS
The City Clerk reviewed her memo dated February 28, 2008, regarding Commission and
Committee Members with terms expiring March 1, 2008. All members are interested in serving
an additional term.
Resolution No. 2008-41
MOTION: of Grendahl, seconded by Goodwin, adopting
reappointing David Brueshoff and Alan Kohls to the Cemetery Advisory
Committee for a term expiring March 1, 2010. Ayes - 4 - Nays - 0.
Resolution No. 2008-42
MOTION: of Bergman, by Goodwin, adopting reappointing
Jeannine Churchill, Keith S. Diekmann, and David Schindler to the Planning
Commission for a term expiring March 1, 2010. Ayes - 4 - Nays - 0.
Resolution No. 2008-43
MOTION: of Grendahl, seconded by Goodwin, adopting
reappointing Richard G. Asleson and Linda Dolan to the Traffic Safety Advisory
Committee for a term expiring March 1, 2010. Ayes - 4 - Nays - 0.
The Council congratulated the reappointees and extended thanks to all Commissioners and
Committee Members for their invaluable services.
2008 ACTING MAYOR
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 11
Resolution No. 2008-44
MOTION: of Grendahl, seconded by Bergman, adopting appointing
Councilmember Goodwin to serve as Acting Mayor, in the absence of the Mayor,
for the year 2008. Ayes - 4 - Nays - 0.
COUNCILMEMBER VACANCY
Mr. Lawell said with the passing of Councilmember Erickson, State law requires certain steps be
taken to fill the vacancy on the City Council. He reviewed his memo detailing the actions
necessary to declare the position vacant, options for filling the vacancy until a special election,
requirements for candidates, and the requirement for a special election.
Staff can put together application materials and have them available on Monday. Staff proposes
accepting applications for a period of two weeks. After the posting is closed and the number of
applications is known, the next step can be determined. Although the Council may choose to hold
a Special Election at any time, it is recommended it be held in connection with the General
Election in November. The position vacated by Councilmember Erickson will be listed as a 2-
year term. Applicants will need to identify if they are running for one of the two 4-year terms or
the 2-year term which is a result of the Special Election. The Council is requested to adopt the
resolution declaring the vacancy and provide direction on the application and process.
Resolution No. 2008-45
MOTION: of Goodwin, seconded by Hamann-Roland, adopting
declaring a vacancy on the City Council with a term expiring December 31, 2010.
Ayes - 4 - Nays - 0.
Mayor Hamann-Roland asked where residents would be able to access an application.
Mr. Lawell said the application will be available at the Municipal Center front counter and it will
be posted on the City’s website.
Councilmember Grendahl asked if 11 days was a long enough period of time to accept
applications. She asked about the interview process.
The City Attorney responded that the interview process would have to be open.
Councilmember Bergman asked if Councilmember Grendahl would prefer accepting applications
for three weeks.
Councilmember Grendahl said yes.
Mr. Lawell said a tentative date was set for the goal setting session. By closing the application
date on March 14, it is feasible the position could be filled and that person would be able to
participate in the goal setting session. However, the date for the goal setting session is flexible.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 12
The Council discussed the dates for accepting applications.
Councilmember Goodwin said it may not be realistic to think everything will fall in place in order
for the position to be filled in time for the annual goal setting.
The Council then discussed the number of questions which should be included on the application.
Following comments from the City Attorney, it was decided the City Administrator would
prepare questions and submit them to the Council. The Council may then respond to the City
Administrator with their feedback.
MOTION: of Grendahl, seconded by Goodwin, accepting applications for the vacant Council
seat beginning 8:00 a.m. on March 3, 2008, and closing at 4:30 p.m. on March 21,
2008. Ayes - 4 - Nays - 0.
Mr. Lawell stated Councilmember Erickson was the primary representative on the ALF
Ambulance and Dakota Communications Center (DCC) Boards. Councilmember Bergman was
the alternate representative on both Boards and continues to be the alternate. He suggested the
Council discuss the process and timing it wishes to use to fill the vacancies of primary
representative on both Boards.
Councilmember Grendahl stated it is customary for the alternate representative to step in and fill a
vacancy if one occurs. She asked Councilmember Bergman if he would be willing to serve as
primary representative on both Boards.
Councilmember Goodwin suggested Councilmember Bergman be appointed to the ALF Board
but recommended waiting on the DCC Board.
MOTION: of Goodwin, seconded by Hamann-Roland, appointing Councilmember Bergman
as primary representative on the ALF Board.
Councilmember Bergman voiced concern that Apple Valley may not be able to participate
in the DCC’s strategic planning if it did not have a primary representative because they
were not allowing alternates to participate.
Mr. Lawell stated it was his understanding that the DCC did not want both primary and
alternate representatives participating. However, in Apple Valley’s situation where the
alternate is the only representative, he believed the alternate would be welcome to
participate.
Councilmember Bergman said he would be happy to serve on both Boards. Perhaps he
could serve on the DCC through the end of the year. At which time, another
representative could be chosen.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 13
Councilmember Grendahl suggested appointing Councilmember Bergman to the DCC
through the end of the year.
MOTION: of Goodwin, seconded by Hamann-Roland, amending the foregoing motion to
include appointing Councilmember Bergman as primary representative on the
Dakota Communication Board for 2008. Ayes - 4 - Nays - 0.
Vote was taken on the motion as amended: Ayes - 4 - Nays - 0.
Mr. Lawell noted that now there are no alternate representatives on either of the ALF or DCC
Boards. The Council may wish to think about what it would like to do and address it at another
time or take action this evening.
Councilmember Grendahl suggested waiting until the end of the year. The Council agreed.
COUNCIL COMMUNICATIONS
Councilmember Grendahl stated ex-officio members from Lakeville and Farmington attended the
MVTA monthly meeting last night, and she felt that was a positive sign. In addition,
Councilmember Goodwin and she testified at the Legislature last week about expanding the
Transit Taxing District.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as
included in the City Clerk’s memo dated February 25, 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 February 20, 2008, in the amount of $10,364,015.89; and February 27,
2008, in the amount of $7,987,421.02. 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.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 28, 2008
Page 14
MOTION: of Goodwin, seconded by Grendahl, to enter into a closed meeting and convene in
closed session to discuss LELS Police Sergeants and Police Officers union labor
negotiations. Ayes - 4 - Nays - 0.
Mayor Hamann-Roland left the meeting at 9:50 p.m.
The Council convened in the Regent Conference Room at 9:58 p.m. In attendance were
Councilmembers Bergman, Goodwin, and Grendahl; City Administrator Lawell, City Clerk
Gackstetter, Human Resources Manager Strauss, Police Chief Johnson, Police Captain Rechtzigel,
and the City’s Labor Attorney Frank Madden. The meeting was tape recorded as required by law.
The Council reconvened in open session at 10:14 p.m.
MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 10:15 o’clock p.m.