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HomeMy WebLinkAbout12/11/2008 CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 11, 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, Finance Director Ballenger, Public Works Director Blomstrom, Associate City Planner Bodmer, Assistant Finance Director Broughten, Associate City Planner Dykes, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, Community Development Director Nordquist, Police Captain Rechtzigel, Human Resources Manager Strauss, and Acting Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scout Matt Hoffman from Troop 205. APPROVAL OF AGENDA MOTION: of LaComb, seconded by Bergman, approving the agenda for tonight’s meeting as written. 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 Bergman, seconded by LaComb, approving all remaining items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by LaComb, approving the minutes of the regular meeting of November 25, 2008, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 2 MOTION: of Bergman, seconded by LaComb, approving the minutes of the special budget meeting of December 1, 2008, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Hamann-Roland). Resolution No. 2008-247 MOTION: of Bergman, seconded by LaComb, adopting accepting, with thanks, the donation of $500.00 from Marathon Petroleum Corporation for the D.A.R.E. Program. Ayes - 5 - Nays - 0. Resolution No. 2008-248 MOTION: of Bergman, seconded by LaComb, adopting accepting, with thanks, the donation of $50.00 from Residential Mortgage Corporation for use by the Police Department. Ayes - 5 - Nays - 0. Resolution No. 2008-249 MOTION: of Bergman, seconded by LaComb, adopting approving issuance of an off-site gambling permit, by the State Gambling Control Board, to Apple Valley Hockey Association, for use on January 27, 2009, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving renewal and issuance of On-Sale and Off-Sale 3.2 Percent Malt Liquor Licenses for 2009, as attached to the City Clerk’s memo dated December 8, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-250 MOTION: of Bergman, seconded by LaComb, adopting setting a public hearing on January 8, 2009, at 8:00 p.m., on the application for On-Sale 3.2 Percent Malt Liquor License by Grand Central Station, Inc. d/b/a/ Broadway Station Apple Valley. Ayes - 5 - Nays - 0. Resolution No. 2008-251 MOTION: of Bergman, seconded by LaComb, adopting approving the transfer of $400,000.00 from the Liquor Fund to the General Fund for 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-252 MOTION: of Bergman, seconded by LaComb, adopting approving the transfer of $330,242.00 from the Police Relief Fund to the General Fund for 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-253 MOTION: of Bergman, seconded by LaComb, adopting approving the Storm Water Drainage Rates for 2009. Ayes - 5 - Nays - 0. Resolution No. 2008-254 MOTION: of Bergman, seconded by LaComb, adopting approving the Street Lighting System Rates for 2009. Ayes - 5 - Nays - 0. Resolution No. 2008-255 MOTION: of Bergman, seconded by LaComb, adopting approving Lebanon Cemetery Policy, Rules, and Regulations. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 3 MOTION: of Bergman, seconded by LaComb, authorizing grant applications for Safe Routes to School program for pedestrian safety improvements along 140th Street West and Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving reallocation of 2008 advertising funds with Apple Valley Convention and Visitors Bureau (CVB), as described in the Assistant City Administrator’s dated December 11, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving 2009 Budget and Marketing Plan with the Apple Valley Convention and Visitors Bureau (CVB), as attached to the Assistant City Administrator’s memo dated December 11, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving a formal response to the Environmental Assessment of Cedar Avenue Corridor Improvements, as described in the City Administrator and Community Development Director’s memo dated December 8, 2008, and authorizing the Mayor to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, appointing Kern, DeWenter, Viere, Ltd., as auditors for 2008, 2009, and 2010, as described in the Finance Director’s memo dated December 8, 2008; and approving the cost of $44,300.00 for 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-256 MOTION: of Bergman, seconded by LaComb, adopting approving application to Minnesota Department of Transportation for a Speed Reduction Study along Foliage Avenue. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the reduction of financial guarantees for Cobblestone Lake South Shore NRMP from $132,375.00 to $67,000.00, Cobblestone Lake South Shore from $100,000.00 to $43,000.00, and South Shore 3rd Addition from $620,364.00 to $300,000.00; and further approving the release of financial guarantees for Cobblestone Lake Development, LLC, and Cobblestone Lake 5th Tomlinson NRMP, as listed in the Community Development Department Assistant’s memo dated December 11, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-257 MOTION: of Bergman, seconded by LaComb, adopting approving Conditional Use Permit to allow outdoor display on the North 280 feet of the East 175 feet of Outlot C, Scott Highlands 3rd Addition (14113 Galaxie Avenue), for Piston Pete’s, LLC, d/b/a Andy’s Market, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, rejecting the Agreement with Flanagan Sales, Inc., for 2008 Playstructure – Apple Ponds. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 4 MOTION: of Bergman, seconded by LaComb, approving the Agreement for AV Project 2008- 15, Water Treatment Plant SCADA System Upgrade, with Automatic Systems Company, in the amount of $39,943.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the Agreement for Sentence to Service (STS) Program Work Crews for 2009 with Dakota County, in the amount of $24,245.52, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the Agreement for Water Treatment Plant Chemicals – Chlorine and Potassium Permanganate with DPC Industries, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the Agreement for Water Treatment Plant Chemicals – Fluoride with Hawkins, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the Agreement for 2008 Playstructure – Apple Ponds with PlayPower LT Farmington, Inc., in the amount of $49,998.70, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 2 to the contract with Axel H. Ohman, Inc., for Senior Center Project #0420 – Masonry/Cast Stone, in the amount of an additional $2,020.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the contract with DAKA Corporation, for Senior Center Project #0512 – Structural Steel Supply, in the amount of an additional $645.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 3 to the contract with Northfield Construction Company, Inc., for Senior Center Project #0610 – Rough/Finish Carpentry, in the amount of an additional $88.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 2 to the contract with Friedges Drywall, Inc., for Senior Center Project #0920 – Drywall/Access Doors, in the amount of an additional $832.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 3 to the contract with Grazzini Brothers & Company, for Senior Center Project #0930/0965 – Tile/Resilient Flooring/Carpet, with a deduction of $9,300.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 5 MOTION: of Bergman, seconded by LaComb, approving Change Order No. 2 to the contract with Summit Fire Protection Company, for Senior Center Project #2100 – Fire Protection, in the amount of an additional $300.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the contract with Sun Mechanical, Inc., for Senior Center Project #2202 – Plumbing, in the amount of an additional $1,467.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 2 to the contract with Bostrom Sheet Metal Works, Inc., for Senior Center Project #2302 – Heating/Ventilating/Air Condition, in the amount of an additional $2,457.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 3 to the contract with Manor Electric, Inc., for Senior Center Project #2602 – Electrical/Fire Alarms, in the amount of an additional $1,278.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 2 to the contract with Ebert Construction for Quarry Point Athletic Complex, in the amount of an additional $14,460.44. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the agreement with Bruhn Excavating, in the amount of an additional $435.00; and accepting Project 05-312, WVR-P191 Outlet Control, as final and authorizing final payment in the amount of $23,027.67. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, accepting 2008 Reconditioning of Hydrants as final and authorizing final payment on the agreement with Champion Coatings, in the amount of $17,168.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving hiring the part time, volunteer, and seasonal employees, and the retirement of employees, as listed in the Personnel Report dated December 11, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, setting the 2009 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month unless the following Friday is a holiday, with modifications as described in the City Clerk’s memo dated December 8, 2008. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PROPERTY TAX LEVY & 2009 CITY BUDGET CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 6 Mr. Ballenger reviewed the budget process and meetings previously held regarding the 2009 City budget and property tax levy, including a public hearing on December 1, 2008. The 2009 proposed Budget Revenues are $49,140,007 and the Expenses are $49,021,552. The proposed General Fund Budget for 2009 is $25,712,437, which is 5.7% more than in 2008. The proposed Property Tax Levy is $22,627,731, which is 7.45% more than in 2008. Operations went up 4.32% and debt service on voter-approved park bonds is $660,000 or 3.13%. A portion of the increase in Operations is also for costs associated with the recent park bond referendum. Mr. Ballenger explained that the median home in Apple Valley, which is valued at $240,000, experienced a 2.81% decrease in property value. That same home owner would have received a $43 increase in taxes from 2008 and a $3 Market Value Homestead Credit (MVHC), for a net increase of $40. Of that amount, $12 is for operations and $31 is for voter-approved City referendums. Councilmember Goodwin noted 96% of the property owners saw a decrease in their property value, 3% stayed the same, and 1% saw an increase. He further noted that of the $40 increase the average homeowner will pay, only $12 of it is for operations. That is only $1 a month. The remaining portion is for voter-approved referendums. Councilmember Grendahl said for a growing City, she would expect taxes to go down because more people are sharing in the burden. She noted there was approximately $1.6 million left in the 2007 Budget which was not spent and asked what fund it was rolled into. She wants to be on record regarding the estimate that the excess funds for 2008 will be close to $200,000. Mr. Ballenger responded that he believes the cash differential for 2007 was zero, because revenues were also down. He does not remember making a significant transfer to the Capital Fund. Councilmember Grendahl stated the audit referenced a healthy increase in the Capital Fund. Mr. Ballenger said there was interest earnings as well as money from the Market Value Homestead Credit which would account for the increase. Mayor Hamann-Roland said in conversations with the Governor yesterday, she learned it is likely the City will not receive all or possibly any of the second half of its Market Value Homestead Credit as originally expected. Councilmember Grendahl said the Capital Fund is for capital improvements and referendum improvements are capital improvements. As a result, she suggested taking $660,000 for the 2008 park bond debt service out of the Capital Fund. She commented about various line items which were discussed for removal or reduction from the budget. Because there have not been cuts or changes, she said she will be voting no. Mayor Hamann-Roland stated Administration cut $1.3 million out of the proposed staff budgets prior to the Council receiving the budget. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 7 Councilmember Bergman responded to Councilmember Grendahl’s suggestion to take a portion of the debt service for the park bond referendum out of the Capital Fund. He noted that it may help save residents a few dollars in 2009, but they will see a greater increase in taxes in 2010. He asked Councilmember Grendahl if she has a specific dollar amount she would like in the Capital Fund. Councilmember Grendahl said she does not have a number off the top of her head. However, she said she was surprised to see some of the items listed as major capital projects considering the economy. Mr. Ballenger reviewed the items listed as major capital projects, totaling $48,233,851. Of that amount, $28,358,251 is designated to come from the Capital Fund/General Fund. The remainder of the items listed are related to utility operations and expenses would come from the Utility Fund. As of November 30, 2008, the Capital Fund cash balance is $10,222,539. Mr. Ballenger then reviewed street maintenance projects scheduled between 2009 and 2018. The total cost for those projects is estimated at $39,286,654. Councilmember Goodwin noted that there are approximately $67 million of improvements identified between the major projects list and street maintenance projects list which will need to be funded out of the Capital Fund or General Fund, and there is only $10 million in the Capital Fund. Councilmember Grendahl said the City of Lakeville has indicated it is not going to pay for Cedar Avenue reconstruction. She questioned whether Apple Valley should identify money for Cedar Avenue reconstruction on its project list. She added that Cedar Avenue is a regional road and the burden should not fall on Apple Valley residents. Resolution No. 2008-258 MOTION: of Goodwin, seconded by Bergman, adopting approving setting the City tax levy collectible in 2009 at $22,627,731 and approving 2009 budgets with total revenue of $49,140,007 and expenditures of $49,021,552. Ayes - 4 - Nays - 1 (Grendahl). WATER AND SEWER RATES Mr. Ballenger presented the proposed water and sanitary sewer rates for 2009. The Metropolitan Council Environmental Services (MCES) has increased its charges for wastewater treatment. The cost of energy for pumping water and sewer has also increased. He added that Minnesota Statutes now require all public water suppliers serving more than 1,000 people to adopt a conservation rate structure. Mr. Ballenger explained how the proposed rate structure would work and its impact on residents. The overall combined rates for water and sewer represent a 4.6 percent increase from 2008. Mr. Ballenger added that beginning in 2009 residents will receive quarterly utility bills. Resolution No. 2008-259 MOTION: of Bergman, seconded by Goodwin, adopting setting the sewer and water rates and related procedures, effective January 1, 2009. Ayes - 5 - Nays - 0. LEGACY NORTH MEMORY CARE FACILITY CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 8 Ms. Bodmer reviewed the request by Legacy Holdings/Hartford Group for amendments to Planned Development 739 and a site plan review/building permit authorization to construct a 4-story, 58- unit memory care facility on the northwest corner of 153rd Street and Foliage Avenue. The site will be very compact. The petitioner will dedicate an additional 25 feet of drainage and utility easement on the north side of the parcel for the existing City water and storm sewer lines. A portion of the staff parking lot, steps, and retaining wall will be located on the easement. As a result, an encroachment agreement will be required. Councilmember Bergman asked if the Council would be setting a precedent if it allowed the parking lot and other structures to be placed within the easement. Ms. Bodmer responded that similar structures in other developments have been allowed in the past. She then reviewed the parking, landscape plan, and elevation drawings. She stated that the Planning Commission held a hearing on November 12, 2008, and no comments were received. On December 3, 2008, the Planning Commission reviewed the project and voted unanimously to recommend approval of the project. Councilmember Grendahl asked if the additional park space the Parks and Recreation Advisory Committee is looking at in this area is affected by this project and questioned the status of that acquisition. Mr. Dougherty said this project does not affect the additional property the City is looking at adjacent to Kelley Park. He then provided an update regarding the land acquisition. Ms. Bodmer stated that this project will have less demand on the park system. There is another project which will be coming before the Council in the near future that is tied to the park dedication issue. Councilmember Grendahl asked if it would be better to negotiate the projects and park dedication at the same time. Mr. Dougherty said it is the Council’s choice. Staff was negotiating the park dedication with the project south of this property because of the housing element in that project. The Council discussed the utilization of the parks by residents and visitors of residents at this facility. Mr. Frank James, of Hartford Group, said they have been talking with staff regarding the expansion of Kelley Park as it pertains to the 3 lots adjacent to the Park. They are looking at the park land dedication in connection with the Legacy apartments project, which will have a greater impact on the park system. He said he understands Kelley Park is an integral part of the whole Legacy development; however, he asked that this project be considered independently from the Park and CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 9 the much larger Legacy North apartments and commercial project that will have a greater impact on the park. Mayor Hamann-Roland said she was hoping Kelley Park will be intergenerational and thinks there is a relationship to this project. The Council continued to discuss the impact of this project on the park system and the need to expand Kelley Park. Mayor Hamann-Roland asked if this project is going to be built. Mr. James described the difficulty in getting financing during this economy. He stated they are working diligently to get financing for this project and the Regent project so they can be built. Ordinance No. 851 MOTION: of Goodwin, seconded by Bergman, passing rezoning Lot 1, Block 3, The Legacy of Apple Valley North, from PD-739/Zone 1 to PD-739/Zone 1-A, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2008-260 MOTION: of Bergman, seconded by LaComb, adopting approving the site plan and authorizing issuance of a building permit to construct a 4-story, 58- unit memory care facility on Lot 1, Block 3, The Legacy of Apple Valley North, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. FISCHER SAND & AGGREGATE REQUEST FOR EXTENDED HAULING HOURS Mr. Lovelace reviewed his memo dated December 8, 2008, regarding the request by Fischer Sand & Gravel, LLP, for an extension of existing nighttime hauling hours from December 16, 2008, through January 16, 2009. Mr. Lovelace noted the City recently received several complaints regarding loud banging in connection with the overnight hauling. Staff notified John Ericson, of Fischer Sand and Aggregate, of the complaints. Mr. Ericson determined the cause of the banging and halted said activity. There has not been a noise complaint since that time. To ensure drivers would not bang on the beds of their trucks in the future, Mr. Ericson suggested only side dump trucks be used during the evening hours. That suggestion was made a condition of the resolution. In addition, in an effort to eliminate any disruption during the holidays, the resolution includes very specific dates and times for hauling during the extended period. Councilmember Goodwin asked what recourse the City would have if drivers continue to make noise. Mr. Dougherty stated they do not have the right to disturb the peace. If necessary, the City will take whatever action is necessary to stop the activity. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 10 Resolution No. 2008-261 MOTION: of LaComb, seconded by Goodwin, approving approving the extension and amendment of nighttime hauling hours for Fischer Sand & Aggregate, LLP, and attaching conditions thereto. Ayes - 5 - Nays - 0. ORDINANCE AMENDING FEES CONTAINED IN CITY CODE The City Clerk reviewed proposed amendments to the fee schedule contained in the City Code as described in her memo dated December 8, 2008. Fee adjustments are proposed for Lebanon Cemetery, City materials, consultant services, building inspections and permits, various licenses and permits, ice rates, Valleywood Golf Course, subdivision and development fees, utility fees, and zoning. The fees would be effective January 1, 2009. Staff recommends waiving the second reading. Councilmember Grendahl noted the Cemetery Operating Budget is in the negative and asked if the increased rates will offset the budget. Mr. Blomstrom responded that the Cemetery Advisory Committee proposed the rates to keep pace with inflation. This fall a second columbarium was purchased, which was a large capital expenditure. As an enterprise fund, that purchase is reflected in the Cemetery Operating Budget. Councilmember Grendahl asked where the money from the electric franchise fee is going. Mr. Ballenger said a memo is currently be drafted detailing the allocation of the electric franchise fee. He explained that the City implemented the fee to pay for general obligation bonds that were sold for the purpose of relocating electric lines. MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading and Ordinance No. 852 passing amending the Fee Schedule Appendix of Title III of the City Code by adjusting certain fees and charges effective January 1, 2009. Ayes - 5 - Nays - 0. PLANNING COMMISSION VACANCY Ms. Gackstetter reviewed her memo dated December 8, 2008, listing applicants for the Planning Commission vacancy. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Ken Alwin, Christopher Elvrum, Roberta Gibbons, David Monn, Gregory Rogers, Brenton Schulz, and Sharon Schwartz. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Goodwin, accepting the seven nominations for Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 11 MOTION: of Grendahl, seconded by Goodwin, amending the previously adopted appointment process to reduce the number of candidates by selecting two fewer candidates than total names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select five names from the seven nominees. After selections were made, they were tallied, and the City Attorney announced that five names remained. MOTION: of Grendahl, seconded by Goodwin, amending the previous appointment process to reduce the number of candidates by selecting one less than the total number of names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select four names. After selections were made, they were tallied, and the City Attorney announced that four names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names. After selections were made, they were tallied, and the City Attorney announced that the three names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied, and the City Attorney announced that two names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied, and the City Attorney announced that Ken Alwin received the majority of votes. Resolution No. 2008-262 MOTION: of Bergman, seconded by Goodwin, adopting appointing Ken Alwin to the Planning Commission for a term expiring March 1, 2009. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated December 8, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 2008 Page 12 CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated November 26, 2008, in the amount of $12,251,444.67, December 3, 2008, in the amount of $1,588,620.18, and December 10, 2008, in the amount of $12,304,983.94. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:38 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 23-23-08