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HomeMy WebLinkAbout04/24/2008 CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 24th, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and LaComb. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Parks Maintenance Superintendent Adamini, Finance Director Ballenger, Associate City Planner Dykes, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Public Works Director Blommel Johnson, Police Captain Marben, Community Development Director Nordquist, Police Human Resources Manager Strauss, and Deputy Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. City Clerk Gackstetter administered the Oath of Office to Councilmember LaComb, who was appointed on April 10, 2008. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, 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 requested 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. There were no requests. MOTION: of Grendahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 2 CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of April 10, 2008, as written. Ayes - 5 - Nays - 0. Resolution No. 2008-71 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of $200.00 from American Legion Auxiliary, Unit 1776, for use by the DARE Program. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing issuance of a party permit to Bill Hansen, 7895 Upper 139th Court, for a picnic at Alimagnet Park Pursuant to City Code Section 95.03 (G)(1), valid on April 26, 2008. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of a temporary license for an outdoor special event to Rich Management, Inc., d/b/a Apple Place, on June 27 - 29, 2008, for use in the parking lots at 14917 Garrett Avenue and 7300 147th Street W.; as described in the City Clerk’s memo dated April 18, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-72 MOTION: of Grendahl, seconded by Goodwin, adopting setting a public hearing on May 22, 2008, at 8:00 p.m., on the application for On-Sale 3.2 Percent Malt Liquor License by Taste of Thaiyai, Inc., d/b/a Taste of Thaiyai. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Master Intergovernmental Cooperative Purchasing Agreement with U.S. Communities and authorizing staff to register as a member of U.S. Communities Government Purchasing Alliance. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing the disposal of a City-owned vehicle and two forfeited vehicles at the State of Minnesota public auction on May 17, 2008, as described in the Public Works Supervisor’s memo dated April 24, 2008. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Fee Study Proposal from Public Financial Management, Inc., (PFM) and Government Management Group for an amount not to exceed $23,500.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Proposal from Braun Intertec for Special Inspections and Construction Materials Observations and Tests for Apple Valley Liquor Store No. 3, as attached to the Assistant City Administrator’s memo dated April 24, 2008, and authorizing the City Administrator and City Attorney to prepare an agreement for said services, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 3 MOTION: of Grendahl, seconded by Grendahl, approving a revision to the Liquor Store No. 3 building permit authorization to allow the property to be described on a metes and bounds description. Ayes - 5 - Nays - 0. Resolution No. 2008-73 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Oakwood Hills, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Design Agreement with Premier Development of the Twin Cities, Inc., for design of public improvements in Oakwood Hills Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2008-74 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Project 05-292, Scout Pond Storm Sewer, and Project 07-379, 120th Street Storm Sewer Improvements; and authorizing advertising for receipt of bids, at 10:00 a.m., on May 29, 2008. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Tipping Policy as attached to the Human Resources Manager’s memo dated April 21, 2008. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the hiring of seasonal employees and resignation, as listed in the Personnel Report dated April 24, 2008. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA POPPY DAYS PROCLAMATION Ms. Heike Cybart of the American Legion Auxiliary Poppy Committee was present. She read the proclamation, proclaiming May 16 and 17, 2008, as “Poppy Days” and May 2008 as “Poppy Month”. The Council thanked the Auxiliary for its efforts in remembering those who have died in war by distributing the memorial flowers. MOTION: of Grendahl, seconded by Goodwin, proclaiming May 16-17, 2008, as “Poppy Days” and May as “Poppy Month” and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 5 - Nays - 0. The Mayor presented the proclamation to Ms. Cybart. MEMORIAL DAY PROCLAMATION CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 4 Mr. Lloyd Cybart, on behalf of American Legion, Post 1776, read the proclamation proclaiming May 26, 2008, “Memorial Day”. He invited everyone to the ceremonies at 11:00 a.m. at the Apple Valley American Legion Memorial located behind the American Legion Post on Granada Avenue. MOTION: of Grendahl, seconded by Bergman, acknowledging the Federal Proclamation of May 26, 2008, as “Memorial Day” and asking citizens to remember those who were casualties and injured in the various wars and police actions of the United States. Ayes - 5 - Nays - 0. The Mayor presented the proclamation to Mr. Cybart. THE LEGACY OF APPLE VALLEY NORTH VACATION Mr. Nordquist reviewed the request to vacate drainage and utility easements on Lot 1, Block 9, and Lots 1 and 2, Block 10, The Legacy of Apple Valley North. The property owner is requesting the vacation in order to consolidate Lots 1 and 2, Block 10, into a single lot. New drainage and utility easements would be included when the property is replatted. The Planning Commission is currently reviewing the associated project. It will likely come before the Council in late April or early May. Mayor Hamann-Roland called the public hearing to order, at 8:18 p.m., to consider vacating Lot 1, Block 9, and Lots 1 and 2, Block 10, The Legacy of Apple Valley North; and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:19 p.m. FAMILY AQUATIC CENTER EXPANSION Ms. Dykes reviewed the request for a site plan review and building permit authorization for the addition of a Lazy River, a tube and bowl slide, an 840 square foot bathhouse, and a 1,030 square foot mechanical building at the Apple Valley Family Aquatic Center, located at 14255 Johnny Cake Ridge Road. The site is relatively flat and grading will be minimal. No additional curb cuts, access points, or parking is required. The Natural Resources Coordinator reviewed the landscaping plan and recommended some changes. She reviewed the elevation drawings. The proposed exterior materials for the mechanics building and bathhouse are similar to existing materials. The Planning Commission reviewed this item on April 16, 2008, and voted unanimously to recommend approval. Resolutions No. 2008-75 MOTION: of Grendahl, seconded by LaComb, adopting approving the site plan and authorizing issuance of a building permit for expansion of the Apple Valley Family Aquatic Center on Lot 2, Block 1, High School Four 2nd CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 5 Addition, subject to conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Johnson said the Parks and Recreation Advisory Committee also reviewed the plans in March 2008 and unanimously recommended approval. Resolution No. 2008-76 MOTION: of Bergman, seconded by Goodwin, adopting approving plans and specifications for Apple Valley Aquatic Center Expansion; and authorizing advertising for receipt of bids, at 2:00 p.m., on May 29, 2008. Ayes - 5 - Nays - 0. SENIOR CENTER Ms. Dykes reviewed the request for a site plan review and building permit authorization for a 20,665 square foot Senior Center at 14601 Hayes Road. The site plan shows the demolition of the existing 7,700 square foot Senior Center and the construction of a new two-story building in its place. There will also be a 5,200 square foot green roof, which will be accessible to the public. A concrete sidewalk will need to be constructed on the west side of the building. The site is flat and no significant grading is necessary. The Natural Resources Coordinator reviewed the landscape plan. He has a few minor issues which will be addressed. Ms. Dykes then reviewed the elevation drawings. There is a two-story clerestory in the front of the building. Staff has no concerns with the proposed elevations. The Planning Commission reviewed this item on April 16, 2008, and voted unanimously to recommend approval. Mayor Hamann-Roland said it a beautiful building and it is energy efficient. She is excited that there will be substantial savings in energy both because of efficiencies in the building and because the City will receive a lower energy rate because of the technology being used. Councilmember Bergman commented about parking near the Senior Center. He noted the brochure distributed in connection with the park bond referendum did not address parking at the Senior Center. He stated he does not want to see a ball field removed from Hayes Park. He added that removal of a field at Hayes Park was not identified in the park bond brochure or discussed with the community during the referendum process. He acknowledged there is one bad field at Hayes Park, and suggested savings from the Lac Lavon picnic shelter could be used to correct the bad field. Mr. Johnson explained staff is proposing to address parking at the Senior Center, Apple Valley Community Center, Hayes Arena, and Hayes Park with a three-tiered approach. The first tier is allowing the Parks and Recreation Department staff to manage parking with program scheduling. If that is not sufficient, the second tier is the installation of a 63-stall parking lot on the south side of the Senior Center. If it is determined additional parking is still needed, the third tier is removing one of the ball fields at Hayes Park. However, that would be done only after much contemplation and study, and only if necessary. Perhaps additional fields could be lighted at Quarry Point Park, which would allow moving games from Hayes Park to Quarry Point Park. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 6 Mr. Johnson stated he believes it will be a three- or four-year process, as the senior population continues to grow and the youth population shrinks. Councilmember Bergman asked if this site, with its current uses and future Senior Center, has the amount of parking spaces the City would require other developers to have. Ms. Dykes said without the proof of parking for the 63-stall parking lot, it would be about 100 spaces short. Mayor Hamann-Roland said the City also has a shared parking model with the high school. Mr. Johnson added there is also parking at the elementary school and on Hayes Road. Councilmember Goodwin said as the senior population grows and they come up with more programs, parking will become more of an issue. However, he thinks the proposed approach will work for the time being. He believes once Quarry Point Park is constructed, Apple Valley will be in the top 6 to 8 of 139 cities in the 7-county metro area for field space per capita. Although no one likes loosing fields, Apple Valley will still have more fields than most metro cities even if one field is lost in the next two or three years. Mayor Hamann-Roland said she likes the phased approach. The ball field is not being removed right now, but it can be removed if and when it is necessary. Councilmember Grendahl responded to a comment Councilmember Bergman made regarding the allocation of leftover funds from the Lac Lavon picnic shelter. She said if projects are coming in under their estimates, she would prefer to bond for less instead of shifting the funds. As far as parking at the Senior Center goes, she does not want to see parking dictate the use of the building. She would prefer the first and the third tier were switched. She would rather address the parking situation sooner than later. Councilmember Bergman noted in the past the lacrosse teams made a request at a Parks and Recreation Advisory Committee for additional field space. He suggested staff meet with the Eastview Athletic Association and Valley Athletic Association prior to eliminating a ball field. Mr. Johnson said absolutely. The ball field would not be removed until it is reviewed and recommended by the Parks and Recreation Advisory Committee and goes before the City Council for a final decision. Councilmember Goodwin agrees that parking should not limit use of the Senior Center. In the busiest of times, there will never be enough ball fields. There is only so much government can do to provide recreational fields, and Apple Valley provides more than most cities. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 7 Councilmember LaComb agreed there will never be enough fields or enough space for activities within the community. She asked if staff could provide projections on the type of usage the Senior Center will have. Mr. Johnson said yes, they have already done that. Councilmember LaComb commented on the County’s statistics regarding the senior population. She would like to see the projections for the next ten years, and where the point of crisis is in the parking situation. Resolutions No. 2008-77 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for construction of an approximately 21,000 square foot Senior Center on the Northwest Quarter of the Southwest Quarter of Section 28, Township 115, Range 20, except the Westerly 495.8 feet (14601 Hayes Road), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2008-78 MOTION: of Goodwin, seconded by LaComb, adopting approving plans and specifications for the Apple Valley Senior Center; and authorizing advertising for receipt of bids, at 2:00 p.m., on May 29, 2008. Councilmember Grendahl asked if staff it is anticipated bids will come in substantially below original estimates. Mr. Johnson responded that although the climate is very good, bids are expected to come in right at or near budget. Mr. Tom Ginter, of Bossardt Corporation, stated it is an opportune time for bidding. They will try to put as much into the project as possible and stay within the budget. Vote was taken on the motion: Ayes - 5 - Nays - 0. VACATION OF HARWELL PATH EASEMENT Ms. Dykes presented the request to vacate a portion of a five-foot wide drainage and utility easement on the east side of the property located at 13599 Harwell Path. The petitioner is requesting the vacation in order to construct a retaining wall. The City Engineer has no outstanding issues relative to storm water drainage. The public hearing was held on March 13, 2008. Comments were received from a neighbor and they are included in the staff report. Mayor Hamann-Roland noted all City Council members have been out to the site to look at it. Councilmember Grendahl asked legal counsel if the City Council would be setting a precedent if it approved the vacation. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 8 Mr. Dougherty said no. Councilmember Goodwin said he would like to see some compromise. He believes the parties involved can come to a middle ground if they were given an opportunity to work it out. He volunteered to meet with the petitioner and adjacent property owner in hopes of coming to some resolution. He will seek the Council’s opinion and share it with the parties. Mayor Hamann-Roland would also like to see a compromise. Councilmember Goodwin stated similar situations have come before the Council in the past and have always been able to be resolved. He would like to try one more time to resolve this matter. MOTION: of Goodwin, seconded by Hamann-Roland, directing Councilmember Goodwin and staff to contact the petitioner and adjacent property owner in an effort to come to a new resolution. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, tabling consideration of the vacation of a portion of drainage and utility easements on Lot 1, Block 1, Chateau Estates Sixth Addition (13599 Harwell Path) until May 22, 2008. Ayes - 5 - Nays - 0. KELLEY PARK RESTROOM Mr. Johnson said Kelley Park is very popular and it is necessary to install a permanent restroom. Staff has researched various products and believes the restroom provided by CXT Precast Concrete Products to be a good design and good value. Therefore, staff is seeking authorization to enter into an agreement for this purchase. Mayor Hamann-Roland asked if the proposed restroom would be adequate if 100 people were at an event in Kelley Park. Considering $200,000 is allocated for this project, she questioned whether it would be appropriate to install two buildings. Mr. Johnson said Kelley Park is less than three acres, so it is very small. The proposed restroom is adequate to handle the normal use. During special events which draw more people, port-a- potties would be brought in. Mayor Hamann-Roland said Kelley Park is elegant, and questioned whether it was possible to get a product more along those lines for a similar price. Mr. Johnson said it is a very nice looking product. Mr. Adamini said the tan and green theme will blend right in. He added that other agencies who have this model really like it. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 9 Councilmember Grendahl commented about the discrepancy between the estimates and actual cost of some of the park bond projects. She asked about explaining the discrepancy to residents. Mr. Johnson stated the cost for this contract does not include site preparation costs, costs for water and sewer connections, and landscaping costs. In addition, the actual cost ended up being significantly less than they were originally quoted. Councilmember Grendahl commented about reducing future bonding for projects coming in under budget. Mr. Johnson said the Park Bond projects are going to be stretched out over the next several years. It is hard to project what costs are going to be in two or three years. Right now the bidding climate is very good. It is hard to project what prices are going to be in the future. Councilmember Bergman asked if the restrooms will be locked over night. Mr. Johnson responded they will be locked by the park patrol at dark. Councilmember Bergman asked for more complete information when presenting total project costs. Councilmember Goodwin stated when the projects were estimated for the park bond referendum, the construction market was not down like it is today. Councilmember LaComb said it would be helpful for her to have the bidding history of the last project. Mr. Johnson said he will provide her that information. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Pre-Cast Restroom Facility at Kelley Park with CXT Precast Concrete Products, in the amount of $39,990.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 1 (Grendahl). LAC LAVON RETAINING WALL Mr. Johnson said the retaining wall at Lac Lavon is failing. Staff is proposing replacing it with a keystone wall, and is seeking authorization to enter into an agreement for this purchase. Through research, staff discovered that by reducing the height of the wall, the need for an engineer is eliminated; thus, eliminating engineering costs. Again, due to the market, a very favorable proposal was received. Mayor Hamann-Roland asked if there will be landscaping. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 10 Mr. Johnson said it will be landscaped as needed. Councilmember Bergman noted the proposal does not include a number of things. Mr. Adamini stated those things are not needed because the proposed wall is less than four feet. Councilmember Grendahl asked about the discrepancy in the estimate versus the actual cost. Mr. Adamini said he was surprised how low the bids came in. It was noted the pathway will need to be repaired after the retaining wall is constructed. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Lac Lavon Retaining Wall Replacement with Friedges, Inc., in the amount of $12,832.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 1 (Grendahl). MINNESOTA VALLEY TRANSIT AUTHORITY INTERIM USE PERMIT Ms. Dykes reviewed the request by Minnesota Valley Transit Authority (MVTA) for an Interim Use Permit for a stand-alone surface parking lot on the former Watson’s site located at 15450 Cedar Avenue. The MVTA, in conjunction with Dakota County Regional Rail Authority, wants to use the site for the next 18 to 24 months to augment the Apple Valley Transit Station. A stand-alone parking lot is not a permitted use in this zoning district. However, the Council could approve an Interim Use Permit for said use provided there is a sunset date. Ms. Dykes stated the buildings on the site will be demolished shortly. The plan shows the existing 147 parking spaces will be restriped and another 131 parking spaces will be added. The eastern half of the lot will be fenced off until plans for the structured parking moves forward. There are no additional storm water or landscaping requirements as part of the Interim Use Permit. Ms. Dykes noted this site is being looked at as a future location for Bus Rapid Transit (BRT). BRT funding is currently moving through the Legislature, and is critical to moving the structured parking and interrelated commercial uses forward. Mayor Hamann-Roland said the City wants the MVTA to continue to service Apple Valley. She wants to ensure Apple Valley gets the structured parking within a reasonable length of time. Considering the current usage and the cost of gas, surface parking may not be sufficient for this location. Ms. Beverly Miller, MVTA Executive Director, acknowledged the parking concerns in this area. The goal is to provide off-street parking. The MVTA intends to work with the City to provide a facility that meets its needs and makes the City proud. The plans include structured parking and additional surface parking. They intend to develop the site to its fullest and best use. The timing of the phasing is contingent upon funding. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 11 Mayor Hamann-Roland said she would like to include a structured parking requirement within a set timeframe as a condition of the Interim Use Permit. Ms. Miller said at a minimum the footings for the structured parking will be included as part of the project. Councilmember Bergman suggested adding a second access point to improve traffic flow. Councilmember Grendahl stated it is difficult to move forward because there are so many agencies involved at this time. It is very frustrating. One of the issues is who owns the property. The Metropolitan Council wants to own all the buses and sites and tell the MVTA when to conduct maintenance. Any conditions the City adds tonight are in an effort to help the MVTA. Ms. Miller stated the MVTA owns the deed to the property. Mayor Hamann-Roland said the City will want to require that the Interim Use Permit be filed with the County, and suggested it be included as a condition. She added the Council is trying to help the MVTA and protect the City by adding these conditions. Mr. Lawell suggested the Council better define the third condition in the resolution. He questioned if the station triggering events are for the structured parking or for the transit stop on Cedar Avenue. Ms. Miller said the structured parking is included in the Request for Proposal that is out right now for design and construction management. She explained the process that is used for selecting the design and costing for the structured parking. Mr. Dougherty clarified that the Interim Use Permit is only a two-year permit. Anything beyond two years is inapplicable. The Council may wish to include a condition that a site plan/building permit authorization must be approved by December 31, 2009, or some timeframe within the two years. Ms. Miller stated the funding for this project must be completed by September 2009. The Council continued to discuss amending the conditions and the appropriate language for the conditions. Councilmember Grendahl suggested moving on to the next item to allow staff time to craft the appropriate language to be added to the resolution. The Council agreed. CEMETERY ADVISORY COMMITTEE VACANCIES CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 12 Ms. Gackstetter reviewed her memo dated April 21, 2008, regarding the Cemetery Advisory Committee vacancy. The Mayor called for nominations for the vacancy. Councilmember Bergman nominated Nancy Anderson, Marian Brown, Mary Lou Erickson, Mark Fredricks, Clayton Hatzenbuhler, Charlene Jorgenson, Linda Moser, and Lois Puckett. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Bergman, accepting the eight nominations for the Cemetery Advisory Committee. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, amending the previously adopted appointment process to reduce the number of candidates by selecting five of the names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and distributed them to the Council who were asked to each select five names from the eight nominees. After selections were made, they were tallied and the City Clerk announced that six names remained. MOTION: of Grendahl, seconded by Goodwin, amending the previous appointment process to reduce the number of candidates by selecting four names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and distributed them to the Council who were asked to each select four names. After selections were made, they were tallied and the City Clerk announced that four names remained. MOTION: of Grendahl, seconded by Goodwin, amending the previous appointment process to reduce the number of candidates by selecting three names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and distributed them to the Council who were asked to each select three names. After selections were made, they were tallied and the City Clerk announced that three names remained. MOTION: of Mayor Hamann-Roland, seconded by Grendahl, amending the previous appointment process to reduce the number of candidates by selecting two names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Clerk announced that two names remained. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 13 MOTION: of Mayor Hamann-Roland, seconded by Grendahl, amending the previous appointment process to reduce the number of candidates by selecting one name appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Clerk announced that Nancy Anderson received three or more votes. MOTION: of Goodwin, seconded by Bergman, appointing Nancy Anderson to the Cemetery Advisory Committee for a term expiring March 1, 2011. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. MINNESOTA VALLEY TRANSIT AUTHORITY INTERIM USE PERMIT - Continued Ms. Dykes reviewed the proposed changes to the conditions of the resolution. Resolution No. 2008-79 MOTION: of Grendahl, seconded by Goodwin, adopting approving the Interim Use Permit for a Minnesota Valley Transit Authority stand-alone surface park-and-ride lot on Lot 1, Block 1, Menard Addition, with conditions as amended. Ayes - 5 - Nays - 0. CALENDAR OF UPCOMING EVENTS MOTION: of LaComb, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated April 24, 2008, 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 Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated April 16, 2008, in the amount of $5,766,745.20; and April 23, 2008, in the amount of $4,971,462.96. Ayes - 5 - 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 and Police Officers union labor negotiations. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2008 Page 14 The Council convened in the Regent Conference Room at 10:13 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and LaComb; City Administrator Lawell, City Clerk Gackstetter, Human Resources Manager Strauss, Human Resources Representative Haas, Police Chief Johnson, Police Captain Marben, and Legal Counsel Frank Madden. The meeting was tape recorded as required by law. The Council reconvened in open session at 10:35 p.m. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:36 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on ___________.