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.