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HomeMy WebLinkAbout11/08/2007 CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 8, 2007, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Grendahl. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Assistant Finance Director Broughten, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Utilities Superintendent Blommel Johnson, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, 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 Grendahl, approving the agenda for tonight’s meeting, as presented. Ayes - 4 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. MOTION: of Bergman, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of October 25, 2007, as written. Ayes - 4 - Nays - 0. Resolution No. 2007-198 MOTION: of Bergman, seconded by Grendahl, adopting approving amending the 2020 Land Use Map of the Comprehensive Guide Plan by changing CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2007 Page 2 certain areas designated from “MIX” (Mixed Use) to “IND” (Industrial) as approved by the Metropolitan Council. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Contractor Agreement with Blue Cross Blue Shield of Minnesota for the 2007-2008 Active Community Planning Grant, in the amount of $35,000.00, as attached to the Community Development Director’s memo dated November 5, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Termination Agreement and the Notice of Termination of Leases for Foliage, Chaparral, and Valleywood Antenna Leases which were assigned to Verizon Wireless by Quest Wireless, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the release of subdivision financial guarantees for Waterford Village Townhomes 2nd Addition, Eastwood Ridge, Eastwood Ridge NRMP, and Majestic Ridge - Lots 5-6, as listed in the Community Development Department Assistant’s memo dated November 8, 2007. Ayes - 4 - Nays - 0. Resolution No. 2007-199 MOTION: of Bergman, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on December 13, 2007, to consider vacating drainage and utility easements on Outlot B, Wensmann 13th Addition. Ayes - 4 - Nays - 0. Resolution No. 2007-200 MOTION: of Bergman, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on December 13, 2007, to consider vacating a portion of 145th Street West, adjacent to the north of Outlot B, Wensmann 13th Addition. Ayes - 4 - Nays - 0. Resolution No. 2007-201 MOTION: of Bergman, seconded by Grendahl, adopting awarding the contract for Project 07-368, Well Pump No’s 4, 6, 9, & 15 and LZP2 Maintenance, to Bergerson Caswell, Inc., the lowest responsible bidder, in the amount of $93,070.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Dump Pad Asphalt Installation as final and authorizing final payment on the contract with Bituminous Roadways, Inc., in the amount of $30,150.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Refurbish 1997 HME/Custom Pumper as final and authorizing final payment on the contract with Jerry’s Transmission Service d/b/a North Central Ambulance, Inc., in the amount of $101,523.73. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2007 Page 3 MOTION: of Bergman, seconded by Grendahl, setting a special informal meeting on November 27, 2007, at 3:00 p.m., to discuss the 2008 proposed budget. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated November 8, 2007. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA 2007 SPECIAL ASSESSMENT ROLL 562 Mr. Ballenger described the remaining assessments on Special Assessment Roll No. 562, for delinquent false alarm and weed removal charges. He said the public hearing on Assessment Roll No. 562 began on October 25, 2007. At that time, the public hearing and assessments on five properties (01-75894-010-01 - $910.00, 01-66900-150-01 -$958.42, 01-11651-060-06 - $396.09, 01- 81200-041-03 - $250.00, and 01-11705-030-01 - $381.45) were tabled until this evening. Mr. Ballenger presented additional details on the tabled assessments and noted one assessment has already been paid. He then explained the City’s process for notifying property owners and occupants of charges and/or assessments against their property as well as methods of recording and reporting the same to potential home buyers and title companies. Councilmember Bergman asked if there have been any comments from the other property owners. Mayor Hamann-Roland said she and Mr. Ballenger spoke with one of the property owners today. That owner indicated he would be paying the assessment. Mr. Ballenger added he has not spoken with any of the other property owners and no additional comments have been received. However, he mailed each property owner a copy of the memo to Council detailing the recommended actions. Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., on the remaining assessments on Special Assessment Rolls No. 562. Mr. Steve Cotton, 8410 – 141st Court W., said he watched the last Council meeting and heard the discussion on assessments. He is a real estate agent and believes this is the tip of the iceberg and the issues surrounding foreclosures will continue into the next decade. He stated banks are not subject to the same disclosure requirements as everyone else. Banks are also able to circumvent Minnesota State Law by using their own purchase agreements. As a result, he encouraged the City to do everything it can to help potential buyers and title companies identify outstanding charges on properties, as well as assessments, as soon as possible. Mr. Ballenger said in the future the charges against properties will be noted on the utility bill immediately following the first billing. Delinquent false alarm and weed removal charges will also be assessed twice a year. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2007 Page 4 Councilmember Bergman said he met with the Finance Director and is confident in the new process. He suggested Mr. Cotton and real estate community work hard to try to get legislation to address the concerns brought up about banks and their lack of responsibility to disclose information regarding property. Councilmember Grendahl asked who realtors should contact when looking for assessments and pending or delinquent charges on a piece of property. Mr. Ballenger suggested inquiries be directed to the Utility Accountant or Assistant Finance Director. He added the City will no longer provide courtesy responses over the phone. All future requests for special assessments and delinquent charges must be in writing. This will ensure the request is properly reviewed and the information provided is complete. The Mayor asked for additional questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:30 p.m. Resolution No. 2007-202 MOTION: of Grendahl, seconded by Bergman, adopting approving and levying the remaining assessments on the 2007 Special Assessment Roll No. 562, for delinquent false alarm and weed removal charges, in the revised amount of $2,895.96. Ayes - 4 - Nays - 0. 136TH STREET VACATION Mr. Nordquist said written requests were received from both co-applicants on the vacation of the 136th Street right of way to delay action until the parties involved could have further discussion with the City.5 MOTION: of Erickson, seconded by Bergman, canceling the public hearing on the vacation of 136th Street right of way, between Embry Way and Elkwood Drive. Ayes - 4 - Nays - 0. CANVASS OF SPECIAL ELECTION RETURNS Ms. Gackstetter reviewed the results of the Special Election held on November 6, 2007. A total of 4,518 ballots were cast, which represents a 14.89 percent voter turnout. She thanked the volunteers and City staff for all their help. Mayor Hamann-Roland thanked the Parks and Recreation Department staff and Parks and Recreation Advisory Committee for their efforts in educating the public about the referendum and expressed appreciation to everyone who helped prepare for and worked at the election. Resolution No. 2007-203 MOTION: of Grendahl, seconded by Erickson, adopting canvassing the official returns of the November 6, 2007, City Special Election and CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2007 Page 5 declaring the $14,430,000 Park Bond Referendum passed with 2,637 “Yes” votes versus 1,864 “No” votes. Ayes - 4 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Bergman said he would like the Council to revisit a project in the Central Village, located east of Galaxie Avenue and north of 153rd Street in the Central Village. The same project was recently reviewed by the Planning Commission. Mayor Hamann-Roland commented on the Blue Cross Blue Shield Active Community Grant approved earlier this evening and a recent survey by WCCO TV which ranked several cities on taxes, energy, gas, and groceries and found Apple Valley to have the best value. She also invited everyone to attend “A Night to Remember” on November 10, 2007, from 6:00 to 9:30 p.m. at the Apple Valley Community Center. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Erickson, approving the calendar of upcoming events as included in the City Clerk’s memo dated November 5, 2007, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated October 31, 2007, in the amount of $2,624,240.56; and November 7, 2007, in the amount of $4,232,131.61. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:43 o’clock p.m.