Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 13th, 2003, at 8:00 o'clock p.m., at Apple Valley Municipal Center.

PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl.

ABSENT: None.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Police Captain Anglin, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Strauss, and Fire Chief Wassmund.

Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag.

APPROVAL OF AGENDA

MOTION: of Erickson, seconded by Bergman, approving 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 Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of January 23rd, 2003, as written. Ayes - 4 - Nays - 0 (Grendahl Abstained).

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the special meeting of February 6th, 2003, as written. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-32 accepting, with thanks, the donation of a 1986 Ford Bronco, valued at $850.00, from Todd Taylor, 13533 Fordham Avenue, for use by the Fire Department in training. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-33 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8, Voiture 1457, for use on March 17, 2003, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting withdrawal of the application of Los Tequilas, Inc., d/b/a El Tequila Restaurant, for On-Sale Wine and 3.2 Percent Malt Liquor Licenses at 7538 West 149th Street, and authorizing refunding the 2003 license fees as described in the City Clerk's memo dated February 10, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the revised 2003 Oak Wilt Grant Agreement with the Minnesota Department of Natural Resources, in the amount of $10,000.00, as attached to the Natural Resources Coordinator's memo dated February 13, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-34 approving application to Dakota County for Fiscal Year 2003 Community Development Block Grant funding, in the amount of $170,500.00, for allocation to the Lebanon Valley Place Supportive Housing Project proposed to be constructed in the Legacy of Apple Valley. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, receiving the Fire Department's 2002 Annual Report. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-35 awarding the contract for 2003 Mowing and Trimming Maintenance Services on Various Properties to TruGreen LandCare, L.L.C., the low bidder, in the amount of $26,075.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 3 to the contract with Friedges Contracting Company for Project 99-106, Seasons on The Park Utility Improvements, in the amount of an additional $3,998.00. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, supporting Dakota County's request for inclusion by Congress of the Cedar Avenue Transitway Project in the reauthorization of Federal TEA-21 funding and authorizing the Mayor to sign the letter of support attached to the City Administrator's memo dated February 10, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated February 10, 2003. Ayes - 5 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring Teresa Bowar for the position of Department Specialist in the Fire Department, as listed in the Personnel Report Addendum dated February 13, 2003. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

PLANNING COMMISSION APPOINTMENT

Mr. Lawell reviewed the memo, dated February 10, 2003, regarding a vacancy on the Planning Commission and two vacancies on the Parks and Recreation Advisory Committee. A number of applications were received for the positions and they are listed in the memo.

MOTION: of Goodwin, seconded by Erickson, amending the procedure to reduce the number of candidates for appointment, established by Resolution No. 1997-165, by selecting six names on the first ballot for both the Planning Commission and Parks and Recreation Committee nominees. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Bergman, nominating Peter Bourland, Gary Caracofe, Keith Diekmann, Alan Duff, Tim Frojd, Terence Lorinser, Shelley Madore, Robin St. Ana, and Joseph Taylor for a position on the Planning Commission. Ayes - 5 - Nays - 0.

The Mayor asked for any other nominations. There were none and the City Clerk distributed ballots to the Council who were asked to each select six names from the nine nominees. After selections were made, they were tallied and the Clerk announced six names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select five names. After selections were made, they were tallied and the Clerk announced that six names remained.

MOTION: of Grendahl, seconded by Bergman, amending the procedure to reduce the number of candidates for appointment, established by Resolution No. 1997-165, by selecting four names on the next ballot. Ayes - 5 - Nays - 0.

The Clerk prepared ballots and distributed them to the Council who were asked to each select four names of the six listed. After selections were made, they were tallied and the Clerk announced that four names remained.

The Clerk prepared ballots and distributed them to the Council who were asked to each select three names of the four listed. After selections were made, they were tallied and the Clerk announced that four names remained.

MOTION: of Erickson, seconded by Hamann-Roland, amending the procedure to reduce the number of candidates for appointment, established by Resolution No. 1997-165, by selecting two names on the next ballot. Ayes - 3 - Nays - 2 (Bergman and Goodwin).

The Clerk prepared ballots and distributed them to the Council who were asked to each select two names of the four listed. After selections were made, they were tallied and the Clerk announced that two names remained.

The Clerk prepared ballots and distributed them to the Council who asked to each select one name. After selections were made, they were tallied and the Clerk announced that the name of Alan Duff remained.

MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 2003-36 appointing Alan Duff to the Planning Commission for a term expiring March 1, 2006. Ayes - 5 - Nays - 0.

PARKS & RECREATION COMMITTEE APPOINTMENTS

MOTION: of Goodwin, seconded by Erickson, nominating Gary Caracofe, Peg Challgren, Jeff McCormick, Thomas Neumann, James Ryan, Robin St. Ana, Peggy Savanick, James Sheldon, Lee Strom, and Joseph Taylor for two positions on the Parks and Recreation Advisory Commission. Ayes - 5 - Nays - 0.

The Mayor asked for any other nominations. There were none and the City Clerk distributed ballots to the Council who were asked to each select six names from the ten nominees. After selections were made, they were tallied and the Clerk announced six names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select five names. After selections were made, they were tallied and the Clerk announced that five names remained.

The Clerk prepared ballots and distributed them to the Council who were asked to each select four names of the five listed. After selections were made, they were tallied and the Clerk announced that five names remained. The Clerk prepared ballots and distributed them to the Council who again were asked to each select four names of the five listed. After selections were made, they were tallied and the Clerk announced that five names remained.

MOTION: of Erickson, seconded by Goodwin, amending the procedure to reduce the number of candidates for appointment, established by Resolution No. 1997-165, by selecting three names on the next ballot. Ayes - 5 - Nays - 0.

The Clerk prepared ballots and distributed them to the Council who were asked to each select three names of the five listed. After selections were made, they were tallied and the Clerk announced that four names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select three names of the four listed. After selections were made, they were tallied and the Clerk announced that four names remained.

The Clerk prepared ballots and distributed them to the Council who were asked to each select three names of the four listed. After selections were made, they were tallied and the Clerk announced that three names remained.

The Clerk prepared ballots and distributed them to the Council who asked to each select two names. After selections were made, they were tallied and the Clerk announced that the names of James Sheldon and Lee Strom remained.

MOTION: of Bergman, seconded by Goodwin, appointing James Sheldon and Lee Strom to the Parks and Recreation Advisory Committee for terms expiring March 1, 2005. Ayes - 5 - Nays - 0.

REAPPOINT COMMISSION & COMMITTEE MEMBERS

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-37 reappointing Thomas Melander to the Planning Commission for a term expiring March 1, 2006; and reappointing David Kemp and Gary Wagner to the Cemetery Advisory Committee for terms expiring March 1, 2006; reappointing Russell Defauw, Loren Hegland, Charlie Maus, Tina Rankin, and Erica Robinson to the Parks and Recreation Advisory Committee for terms expiring March 1, 2005; reappointing Rollin Bible, Jerry Brown, John Magnusson, Dale Rodell, Scott Hugstad-Vaa, and David Westbrook to the Telecommunications Advisory Committee for terms expiring March 1, 2005; reappointing Richard Asleson and Linda Dolan to the Traffic Safety Advisory Committee for terms expiring March 1, 2005; and reappointing Barry Berg, Sandy Breuer, Robin Curran, Shirley Doering, Shelley Madore, Sharon Schwartz, and Pamela Sohlberg to the Urban Affairs Committee for terms expiring March 1, 2005. Ayes - 5 - Nays - 0.

SET SPECIAL MEETING

Mr. Lawell advised the Council that the City's bond consultant recommends proceeding with a sale of bonds to finance State Aid Road projects and to refund another issue due to favorable interest rates. The date suggested is February 20, 2003.

MOTION: of Grendahl, seconded by Erickson, setting a special meeting, at 4:30 p.m., on February 20, 2003, at the Municipal Center, for the purpose of selling General Obligation State Aid Road Bonds and Improvement Refunding Bonds. Ayes - 5 - Nays - 0.

COMMUNICATIONS & CALENDAR

Mayor Hamann-Roland thanked Mr. Johnson and the Parks and Recreation Department for their efforts in a successful Mid-Winter Fest celebration. The Council received a memo dated February 10, 2003, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated January 30, 2003, in the amount of $3,670,220.46; February 6, 2003, in the amount of $4,720,447.22; and February 13, 2003, in the amount of $1,998,425.44. Ayes - 5 - Nays - 0.

CLOSE MEETING, ATTORNEY-CLIENT DISCUSSION

Mr. Dougherty reviewed the provisions of M.S. 471.705 that allow the Council to close a meeting to discuss threatened or pending litigation. The Council has been asked to meet in closed session to discuss the Gennadiy Balandin claim with the attorneys.

MOTION: of Erickson, seconded by Grendahl, to close the regular meeting and convene in closed session to discuss the Gennadiy Balandin claim under the attorney-client exception to the open meeting law. Ayes - 5 - Nays - 0.

The meeting was closed at 9:05 p.m. Mayor Hamann-Roland Councilmembers Bergman, Erickson, Goodwin, and Grendahl convened in the Regent Conference Room, at 9:17 p.m., along with Attorney Joe Flynn, assigned by the League of Minnesota Cities Insurance Trust, City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, Police Chief Johnson and Police Captains Anglin and Lohse. Mr. Dougherty advised everyone that anything discussed should not be disclosed outside of the meeting or the attorney-client privilege would be lost. The Council reconvened in open session at 10:15 p.m.

SET SPECIAL MEETING

MOTION: of Grendahl, seconded by Erickson, setting a special closed meeting, at 9:00 a.m., on February 19, 2003, at the Minneapolis Federal Courthouse, for the purpose of discussing the Gennadiy Balandin claim. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0.

The meeting was adjourned at 10:16 o'clock p.m.