Loading...
HomeMy WebLinkAbout12/14/2000CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 14th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Haman n-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Wrase, Finance Director Ballenger, Assistant Planner Bodmer, Natural Resources Coordinator Colleran, Police Chief Erickson, Assistant to the Administrator Grawe, Public Works Director Heuer, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Margarit, Administrative Assistant Pederson, 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 Erickson, seconded by Sterling, approvin g the agenda for tonight’s meeting as amended. 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the meeting of November 21st, 2000, as written. Ayes - 5 - Nays - 0. Resolution No. 2000-294 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of stuffed animals from Siri Gortler, of the Ganz Company, for use by the Police Department when responding to incidents involving children. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 2 Resolution No. 2000-295 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of $50.00 from AFSCME, Local 479, in memory of Charles Kohls for Lebanon Cemetery. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley American Legion Resolutions No. 2000-296 Auxiliary, Unit 1776, by adopting for January 13, No. 2000-297 No. 2000-298 2001; for March 10, 2001; and for April 14, 2001; and waiving any waiting period for the permits to become effective as listed in the City Clerk’s memo dated December 11, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, sec onded by Goodwin, approving renewal, for 2001, of off-sale 3.2 percent malt liquor or beer licenses as listed in the City Clerk's memo dated December 11, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-299 MOTION: of Grendahl, seconded by Goodwin, adopting accepting a $20,000.00 grant from the Minnesota Safety Council to be dedicated to pedestrian safety initiatives and authorizing matching City funds of $20,000.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the 2001 Joint P owers Agreement for the Dakota County Drug Task Force, as attached to the Police Captain’s memo dated December 11, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing the expenditure of $35,368.65 for Police In-Car Video Systems from 2000 budget funds as requested in the Police Chief’s memo dated December 7, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a setback variance to allow construction of an accessory building to within five feet of the rear lot line on Lot 15, Block 5, Palomino Hills 4th Addition (113 Hidden Meadow Road) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-300 MOTION: of Grendahl, seconded by Goodwin, adop ting supporting the Dakota County Community Development Agency’s use of tax increment financing to assist Duffy Development in constructing apartment buildings on Lot 1, Block 1, Hidden Ponds 3rd Addition. Ayes - 5 - Nays - 0. Resolution No 2000-301 MOTION: of Grendahl, seconded by Goodwin, adopting ordering installation of Project 00-144, East Valley Plaza 3rd Addition Sidewalk Improvements. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 3 Resolution No. 2000-302 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for East Valley Plaza 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving reduction of subdivision financia l guarantees for: Cedar Isle Village Homes, from $16,200.00 to 0; The Summit, from $45,848.00 to $37,048.00; Galaxie Car Wash (landscaping), from $8,200.00 to $1,500.00; and Evermoor Apple Valley, from $293,500.00 to $255,000.00. Ayes - 5 - Nays - 0. Resolution No. 2000-303 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Project 00-129, Salt Storage Building at Central Maintenance Facility, and authorizing advertising for receipt of bids on January 18, 2001, at 2:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 12 to the contract with Shaw-Lundquist, Inc., for Municipal Center Construction in the amount of an additional $16,911.00. Ayes - 5 - Nays - 0. MOTION: o f Grendahl, seconded by Goodwin, accepting Project 98-816, 140th Street Traffic Signals at Flagstaff Avenue and Johnny Cake Ridge Road, as final and authorizing final payment on the contract with Egan McKay Electrical Contractors, in the amount of $36,187.21. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Parks Picnic Shelter Improvements as final and authorizing final payment on the contract with CM Construction Company, Inc., in the amount of $11,135.85. Ayes - 5 - Nays - 0. Resolution No. 2000-304 MOTION: of Grendahl, seconded by Goodwin, adopting ordering the temporary stop signs at the intersection of 142nd Street and Johnny Cake Ridge Road to remain in place until August 31, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin, approving the Consultant Engineer Agreement with Short Elliott Hendrickson, Inc., for design services for Project 00- 146, 140th Street Traffic Signal Improvements at Garden View Drive, Hayes Road, and Pennock Avenue; as attached to the Public Works Director’s memo dated December 14, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Agreement with Delta Dental Plan to administer program services for 2001; as attached to the Human Resources Manager’s memo dated December 14, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 4 MOTION: of Grendahl, seconded by Goodwin, approving the Flexible Benefits Plan Service Agreement with Stanton Group, Inc., to administer plan services for 2001; as attached to the Human Resources Manager’s memo dated December 14, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwi n, approving the Police Chief Position Profile for use in recruitment by the Brimeyer Group; as attached to the Human Resources Manager’s memo dated December 14, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Labor Agr eement with LELS, Local No. 243, the Police Sergeants Union, for 2001-2002; as attached to the Human Resources Manager’s memo dated December 14, 2000, and authorizing execution of the contract. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwi n, approving hiring Vicky Nelson for the shared full-time position of Police Dispatcher, as listed in the Personnel Report dated December 14, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving promotion of Chris Walswick to the full-time position of Police Community Service Officer, as listed in the Personnel Report dated December 14, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated December 14, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PALOMINO EAST SITE DEVELOPMENT Mr. Kelley reviewed his memo dated December 11, 2000, describing requests for approval of the final plat and a Natural Resources Management Permit (NRMP) for apartments on the Palomino East site located west of Pennock Avenue and north of Palomino Drive. The present zoning allows up to five units per acre and would allow townhomes. The site has been marketed by the property owner and potential builders would like to discuss issues related to site development with the Council at an informal meeting. Peter Coyle, representing Joel Watrud, the property owner; commented on previous action by the Council approving a 72-unit apartment building for the site then rezoning the property for townhomes. They contend the rezoning rendered the property unusable are requesting a NRMP for the apartments. They have not been able to locate a builder who will develop the site for townhomes. He submitted a letter dated November 28, 2000, from Brian Doyle, of Edina Realty, citing problems with developing the site for townhomes and stated a townhome development CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 5 would be more destructive to the site than an apartment development. He also submitted a letter dated June 22, 2000, and documents detailing the request to proceed with a building permit. Chuck Habiger, of HKS Associates, architect for the apartment proposal, described different townhome concepts that were considered for a 28-unit development allowed by the zoning. They also looked at a 12-building twinhome development. In all cases, the costs of site preparation and the number of trees removed make it economically unviable to construct the units. The site requires a more compact development to minimize impacts. Councilmember Erickson said the property was rezoned in a good faith effort to allow use of the site. The recommendation is to discuss the site January 11, 2001. He asked whether Mr. Coyle agrees to the discussion? Mr. Coyle said they met with City Staff and potential developers December 8th and agreed to such a meeting. Since then, they have not received a call from anyone willing to try and develop the site and need to proceed in some manner. Councilmember Grendahl asked what the amount of the listing is for the property? She was advised it is $440,000. Mr. Coyle said Mr. Watrud has a letter of intent from someone who will buy the property at that amount for an apartment development. MOTION: of Erickson, seconded by Goodwin, scheduling discussion of the Palomino East site development for the informal meeting of January 11, 2001, and directing Staff to work with the property owner on an agreement to hold action in abeyance without jeopardizing either party’s rights as to the status of development proposals as recommended in the Community Development Director’s memo dated December 11, 2000. Ayes - 5 - Nays - 0. SMITH ADDITION (REPLAT IN OAKS OF APPLE VALLEY III 2ND ADDITION) Ms. Bodmer reviewed the Planning Commission recommendation to subdivide Lot 3, Block 2, The Oaks of Apple Valley III 2nd Addition, into two lots. Both lots would exceed the minimum size requirements and the existing house will remain on one lot. The other lot will require 3,229 cubic yards, or about 320 truckloads, of fill, to allow construction of a house. An existing storm drain along the lot line will need to be uncovered to allow drainage. She reviewed comments submitted for the public hearing and their responses. The Planning Commission’s recommendation for approval includes limiting the hours during which land-disturbing activity can occur and the timeframe for truck hauling. Councilmember Goodwin said he is not in favor of this kind of approach to creating a new lot in an existing neighborhood. It changes the character of a neighborhood where other property owners have built homes and have certain expectations. Councilmember Erickson said he is concerned about the amount of fill required and drainage issues. Mr. Wrase said the low area on the property now collects storm water that drains into the CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 6 ground. If filled, the storm drain will have to be opened and will drain east and north, eventually to Farquar Lake. Pete Smith, the property owner, was present and said he has lived in the house 13 years, in the City 19 years, and wants to remain here and build a house on the new lot. The proposal meets the City’s requirements and does not require a variance. He met with City Staff and Engineers in preparing the plat and the new lot is comparable to other lots in the neighborhood. There are many other trucks in the neighborhood every day collecting garbage and doing other work. This is a simple lot split and he asked the Council to approve it and not deny use of his land. Mayor Hamann-Roland asked whether Mr. Smith discussed the lot split with the original property developer and neighbors? Mr. Smith said when Mr. Maurer developed the subdivision 13 years ago; it was not economically attractive to build on this lot. Now the cost of lots makes the site work feasible. Some of his neighbors object and some do not. Some object to cutting down trees. He is not sure when he would build the house. If the lot split is approved, he would start to develop plans for a one level home. He may not be able to continue living in his current home and a one level home makes the most sense for the future. Councilmember Goodwin said different neighborhoods were designed to have different types of housing and characteristics. He is concerned about setting a precedent by splitting lots in these developed neighborhoods. Mayor Hamann-Roland said she is concerned with drainage and storm water issues. The new lots will both drain to surrounding lakes rather than water being retained on site as it is now. There is the potential for five other lots in the area to be split such as this. Councilmember Sterling asked Mr. Smith if adjoining neighbors are in favor of the lot split? He said he believes those across the street and to the north are in favor and the neighbor to the south is not. MOTION: of Grendahl, seconded by Erickson, adopting a resolution approving the preliminary plat of Smith Addition (replat of Lot 3, Block 1, The Oaks of Apple Valley III 2nd Addition) with conditions as recommended by the Planning Commission. The Council discussed concerns about splitting existing lots and whether there should be a further policy established. Mr. Dougherty advised the Council that it has 120 days from the application date, or October 13, 2000; to make a decision. This is a discretionary function of the Council and it should consider the health, safety, and welfare of the community in its decision. Once a subdivision is approved, the Council would not have further control. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 7 Cindy Dorken, 5290 West 132nd Street, spoke on behalf of the Farquar/Long/Pilot Pond watershed and said they are concerned with the amount of fill needed and drainage. They met with City Staff after this summer’s storms and again December 12th and believe the Master Storm Sewer Plan needs to be addressed. The City should strive to keep storm pond holding areas from being eliminated in the watershed and not allow further runoff. She asked the Council to at least delay approval until the issue can be looked at. Steve Burrows, 13687 Dunbar Way, submitted a letter and petition from neighbors opposing the subdivision. The proposal was not discussed with all the neighbors and, in June, an attorney sent a letter opposing the lot split. He bought into the neighborhood with restrictive covenants that should be upheld. His lot is one of those that could be divided, but he does not want to do so. The drainage issue is also a concern. He asked the Council to deny the request. Jean Chrysler, 4769 137th Circle, asked if the Kelly Trust property, on the east side of Diamond Path, impacts the drainage and watershed? Mr. Wrase said all the storm water from that development is contained east of Diamond Path and drains to Rosemount. Vote was taken on the motion. Ayes 1 (Grendahl) - Nays - 4. MOTION: of Goodwin, seconded by Sterl ing, directing Staff to prepare a find of fact for denial of the preliminary plat application for Smith Addition (replat of Lot 3, Block 1, The Oaks of Apple Valley III 2nd Addition) for consideration at the December 28, 2000, meeting. Ayes - 4 - Nays - 1 (Grendahl). PRAIRIE CROSSING FINANCIAL GUARANTEE Ms. Bodmer reviewed her memo dated December 11, 2000, concerning reduction of the financial guarantee for Tousignant’s Prairie Crossing to $21,950.00. The homeowners association expressed concerns about completion of some items in the development by Rottlund Homes, particularly the storm water pond. It is not holding water at the normal water level of 934 feet. The requirement that it maintain water at that level was not part of the grading plan and the pond is functioning as part of the storm water system. The Engineer indicates that the pond will eventually silt in and hold the water level. David Holman, an attorney representing the homeowners association, said they oppose release of the financial guarantee because the pond is not functioning as intended by the grading and erosion plan. There should be a ten to one slope, for a 20-foot wide bench, at the 934 water level. Instead there is a three to one pitch and water is five feet below the normal level. The Engineer instructed the developer to seal the pond during construction and they want to determine if a reasonable attempt was made. There are also erosion problems with the pond and outlet pipes. He asked that reduction of the guarantee be postponed 30 to 60 days to allow them to find out CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 8 details of the sealing and get soil boring samples. There are also erosion problems with the pond and outlet pipes. Mr. Dougherty said the City has not adopted a policy that ponds be lined and may not want some ponds to be lined as part of the storm water system. Now that the pond is constructed, permits may be needed to do that work. If there are erosion problems, that would be a grading issue over which the City has some control. The amount recommended to be retained is adequate to complete outstanding sidewalk, curb and landscape items. If the City is looking at additional pond work, it could increase the retainage to $40,000 or $45,000. Councilmember Goodwin asked what people are expecting of the pond; some ponds have levels that fluctuate. Mr. Heuer said there are no performance standards for a drainage pond. The outlet elevation is set, but not the water level. It is designed to allow a three-foot freeboard to accommodate rainfall. It is anticipated there will be some silting over time and it may take a couple of years to seal itself. Mr. Holman said the pond was constructed three years ago and held water for only one day after this summer’s storms. Michael Noonan, of Rottland Homes, said they agree with the Staff report on the issues and fully intend to complete the sidewalk and curb. They will review concerns about landscaping and its warranty. They believe the pond was constructed as required. The contractor used native material on the site to seal the pond as best as it could. The pond is currently at a depth of nine feet and they believe it will seal further in the future. They request the reduction be made now and are willing to talk further with the Council and association about pond issues. Mayor Hamann-Roland asked if Rottland would consider alternative landscaping around the pond? Mr. Noonan said this is additional landscaping beyond what was required and they are not prepared to pay that cost since the development is nearly completed. Ms. Bodmer said plans for additional plantings around the outlet/inlet show a cost of about $6,000. MOTION: of Erickson, seconded by Goodwin, approving reduction of the subdivision financial guarantee for Tousignant’s Prairie Crossing, from $215,738.00 to $50,000.00, and placing the issue on the January 11, 2001, informal meeting agenda for further review and discussion. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE 6TH ADDITION Mr. Lovelace reviewed the Planning Commission recommendation on a proposed 77,380 square- foot three-tenant retail building at the southwest corner of 147th Street and Florence Trail. The outlot will be replatted as Fischer Market Place 6th Addition. He reviewed the building elevations, which will be compatible with the Kohls Department Store, but each tenant will have its own identity. It will have a common wall on the east with the Kohls building. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 9 Resolution No. 2000-305 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for a multi-tenant retail building on Lot 1, Block 1, Fischer Market Place 6th Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-306 MOTION: of Sterling, seconded by Grendahl, adopting approving a Natural Resources Management Permit for land altering activities to construct a multi-tenant retail building on Lot 1, Block 1, Fischer Market Place 6th Addition, with conditions, as listed in the resolution. Ayes - 5 - Nays - 0. PROJECT 00-134 PUBLIC HEARING Mayor Hamann-Roland called the public hearing to order, at 10:13 p.m., to consider Project 00- 134, Hidden Ponds Apartments Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Wrase reviewed the preliminary engineering report, dated November 1, 2000. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 10:16 p.m. Resolution No. 2000-307 MOTION: of Grendahl, seconded by Sterling , adopting ordering installation of Project 00-134, Hidden Ponds Apartments Utility Improvements. Ayes - 5 - Nays - 0. 2001 LIQUOR, WINE & BEER LICENSE RENEWALS Mayor Hamann-Roland called the public hearing to order at 10:17 p.m. to consider renewal applications for on-sale liquor, wine and beer licenses for the year 2001 and noted receipt of the affidavit of publication of the hearing notice. The City Clerk noted a list of the applications is attached to her memo dated December 11, 2000. Necessary checks of police and tax records have been conducted and indicate nothing which would preclude renewing the licenses. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 10:18 p.m. MOTION: of Grendahl, seconded by Sterling, approving renewal, for 2001, of on-sale liquor Resolutions No. 2000-308 and wine licenses by adopting for Apple American Limited Partnership of Minnesota, d/b/a Applebee’s Neighborhood Grill & Bar; No. 2000-309 No. 2000-310 for Rich Mgt., Inc., d/b/a Apple Place; for No. LeCarnassier LLC, d/b/a Red Robin America’s Gourmet Burgers & Spirits; 2000-311 No. 2000-312 for H.O.C., Inc., d/b/a Rascals; for LRB Restaurant No. 2000-313 Company, d/b/a Grizzly’s Grill N’ Saloon; for Lancer Food Service, No. 2000-314 No. Inc.; for Wadsworth Old Chicago, Inc., d/b/a Old Chicago; 2000-315 No. 2000-316 for Apple Valley American Legion Post 1776; for No. 2000- Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; 317 No. 2000- for D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack; CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 10 318 No. 2000-319 for JI, Inc., d/b/a Jade Island Chinese Cuisine; for Grand No. 2000-320 Central Station, Inc., d/b/a Broadway Station Apple Valley; for The Restaurant Company of Minnesota, d/b/a Perkins Restaurant & Bakery; and approving renewal of on-sale beer licenses as listed in the City Clerk’s memo dated December 11, 2000. Ayes - 5 - Nays - 0. 2001 BUDGET & TAX LEVY Mr. Lawell said the proposed 2001 budget and tax levy were subjects of a public hearing on December 11, 2000, and are being presented for approval. Mr. Ballenger summarized the revenue and expenditures included in the budget. The Council commended Staff for work on the budget and noted the focus of the increase is to address public safety issues. Resolution No. 2000-321 MOTION: of Erickson, seconded by Goodwin, adopting approving 2001 City Budgets with total revenue of $33,921,408 and total expenditures of $32,521,612. Ayes - 5 - Nays - 0. Resolution No. 2000-322 MOTION: of Goodwin, seconded by Erickson, adopting approving the 2000 tax levy collectible in 2001 in the net amount of $12,174,845.00. Ayes - 5 - Nays - 0. Resolution No. 2000-323 MOTION: of Sterling, seconded by Grendahl, adopting approving the 2000 transit tax levy collectible in 2001 in the net amount of $1,106,712.00. Ayes - 5 - Nays - 0. TRAFFIC SAFETY ADVISORY COMMITTEE Mr. Pederson reviewed his memo dated December 14, 2000, describing formation of a standing advisory committee on traffic safety. It would be composed of seven members, four citizens and three representatives of City departments. The committee would serve as a forum to consider citizen concerns regarding traffic, parking, pedestrian and bicycle safety issues. Applications for appointment will be accepted until January 15, 2001. Resolution No. 2000-324 MOTION: of Sterling, seconded by Grendahl, adopting establishing a Traffic Safety Advisory Committee, composed of seven members to be appointed for two-year staggered terms expiring March 1st of respective years. Ayes - 5 - Nays - 0. 2001 COUNCIL MEETING SCHEDULE Mr. Lawell reviewed the proposed Council meeting schedule for 2001 based on the adopted policy as listed in the memo dated December 11, 2000. The Council discussed scheduling further CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2000 Page 11 consideration of the Garden View Drive traffic report and the financial impacts. They agreed to tentatively schedule it for the February 8, 2001, meeting. MOTION: of Grendahl, seconded by Goodwin, setting the 2001 Council meeting schedule in accordance with adopted policy as listed in the memo dated December 11, 2000. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated December 11, 2000, with a calendar listing upcoming events. Councilmember Sterling noted that Northwest Airlines Federal Credit Union will be opening its new offices in Apple Valley this week. Mayor Hamann-Roland thanked the members of the Garden View Drive Ad Hoc Advisory Committee on Traffic for their work on the report discussed at the informal held meeting earlier tonight. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated November 29, 2000, in the amount of $441,550.39; December 6, 2000, in the amount of $11,285,817.02; and December 13, 2000, in the amount of $960,915.04. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT ISSUES Mr. Dougherty advised the City Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1d(e), to discuss the status of threatened and pending litigation. The item to be discussed involves a claim for damages to the Hudson property. MOTION: of Erickson, seconded by Sterling, to close the regular meeting and convene in closed session to discuss threatened and pending litigation related to the Hudson claim. Ayes - 5 - Nays - 0. The meeting was closed at 10:36 p.m. and the Council convened in the Conference Room, at 10:41 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, City Engineer Wrase, and Public Works Director Heuer. Mr. Dougherty advised the Council that its discussion must be limited to the legal matters and if issues are discussed outside of this meeting the attorney-client privilege will be lost. The Council reconvened in open session at 10:56 p.m. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:57 o’clock p.m.