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HomeMy WebLinkAbout07/26/1984CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1984 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 26th, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning (attended at 8:11 p.m.); Councilmembers Goodwin, Holton, Humphrey and Savanick; Clerk Asleson. ABSENT: None. Acting Mayor Holton called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA FINAL PAYMENT PROJ. 83-18 BOND REDUCTIONS WENSMANN A.V. CAB TAXI LICENSE RES. 1984-114 ZOO POLICE AGREEMENT RES. 1984-115 ZOO FIRE AGREEMENT HIRE PARTTIME EMPLOYEES MOTION: of Goodwin, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, accepting Project 83-18, 153rd Street Pond Fence, as final from Twin City Fence Company and authorizing final payment in the amount of $6,849.05. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving reduction or release of development guarantees as follows: Diamond Path 5th $85,.000 reduce to $41,000; Diamond Path 5th $1,460 reduce to $1,100; Diamond Path 6th $30,000 release; Diamond Path llth $49,900 re- duce to $16,900; and Pilot Knob Estates $66,575 reduce to $33,200. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, approving a 1984 taxicab lic- ense for Cab No. 48 for Apple Valley Cab Company. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- 114 approving an Agreement with the Minnesota Zoological Board for Police Services from July 1, 1984, through June 30, 1985, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- 115 approving an Agceement with the Minnesota Zoological Board for Fire Services from July 1, 1984, through June 30, 1985, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving hiring the parttime employees as listed in the memo from the City Administrator dated July 23, 1984. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLBY Dakota County, Minnesota July 26, 1984 Page 2 MOTION: of Savanick, seconded by Humphrey, approving the minutes of the JULY 12, 1984 meeting of July 12th, 1984, as written. Ayes - 4 - Nays - 0. MINUTES Acting Mayor Holton asked if anyone was present to address the Council at AUDINCE DISCN this time on any item not on this meeting's agenda. There was no one present to speak. John Gretz reviewed the Planning Commission report dated July 20, 1984, on the pro- posed Emerald Point development located at the southeast quadrant of i44th Street and Pilot Knob Road. There are 91 units of zero lot line housing proposed with 44 units in phase one. The internal streets will be private and 144th Street will be a public street. The Council reviewed the floor plans of the units. Mayor Branning attended during this time. MOTION: of Savanick, seconded by Humphrey, passing Ordinance No. 325 amending Appendix A of the City Code by rezoning the area known as Emerald Point to Zone 6 of Planned Development Designation No. 163 and approving a summary of the ordinance for publica- tion. Ayes - 5 - Nays - 0. ORD. NO. 325 REZONE EMERALD POINT PRELIM. PLAT EMERALD POINT RES. 1984-116 EMERALD POINT FINAL PLAT RES. 1984-117 PUBLIC HEARING PROJ. 84-i7 MOTION: of Savanick, seconded by Goodwin, approving the preliminary plat of Emerald Point as recommended by the Planning Commission and directing preparation of a development agreement. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- 116 approving the final plat and development agreement for the first phase of Emerald Point and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1984- 117 receiving the preliminary engineering report for Project 84-17, Emerald Point Public Improvements, and setting a public hearing on it at 8:00 p.m. on August 23, 1984. Ayes - 5 - Nays - 0. The Council reviewed plans for sidewalk on the east side of Pennock Avenue with the Engineer. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1984- 118 approving plans and specifications for Project 84-15, Pennock Avenue Sidewalk, and authorizing advertisement for bids to be received at 2:00 p.m. on August 14, 1984. Ayes - 5 - Nays - 0. RES. 1984-118 PLANS & BIDS PROJ. 84-15 COMMUNITY STATE BANK TAX INCREMENT MOTION: of Savanick, seconded by Holton, to consider a request for tax increment financing for construction of a new facility for Community State Bank in Southport 2nd Addition. The Council received a memo dated July 20, 1984, from John Gretz summarizing the Council's discussion on tax increment financing at its July 19th informal meeting. CITY OF APMLE VALLEY Dakota County, Minnesota July 26, 1984 Page 3 Mr. Asleson said since the July 19th discussion, he has tried to get more information on tax increment financing and its effects on the community if it is used. The com- plications of fiscal disparities make it difficult to ascertain the full implications. There is no legal limit on the amount that can be used, but there is a self-limit because it is general obligation financing and could impact the City's overall bond rating and other financial considerations. A delay in approving the financing would have an impact on Community State Bank's decision to build; but with public hearing and other legal requirements, approval would take 30 to 90 days to complete once an amount is agreed upon. Mayor Branning said part of the Council's discussion included using this financing when there is a need to bring a business or service into the City and what makket value the proposal should have to be considered for tax increment financing. He would recommend the Staff have 30 days to do more research and make a recommendation to the Council. Councilmember Humphrey said he agrees there are too many unanswered questions to make a decision now. Councilmember Savanick agreed, but said the Bank and the deve- loper, Mr. Winkler, should perhaps be given some direction as to whether this financing will be considered. Councilmember Goodwin asked who pays to make up'the increment, all property or just commercial property? Mr. Asleson said, as he understands it, the City's contribu- tion to fiscal disparities does not change. If 100 percent of the increment is captured, then the fiscal disparities debt must be paid somehow by other commercial/ industrial properties. He does not believe it includes residential property. Councilmember Holton said he does not believe the Council can make a decision yet. Part of the requirements are a statement from the developer showing need or the amount of financing required to make the project work which they do not have yet. Mr. Asleson said this is really the first tax increment project for the City so it needs to proceed carefully. Some of the groundwork was done as part of the common bond fund procedures a year ago, but that is all. Mr. Bob Bauer, President of Community State Bank, was present and said he is con- cerned that a delay would not allow them to proceed with construction this year. If they start without tax increment financing, he would appreciate consideration of whatever benefits the Council could give them later. Mr. Larry Evers, of Community State Bank, was present and asked if such financing could be approved it they start without it? Mr. Gretz said he believes that once a contract to build has been entered into, tax increment financing cannot be used. Mr. Asleson said as part of the process, the Council must make a finding that in the absence of such financing the project is not financially feasible. Mr. Richard Winkler, the developer, was present and said construction of this faci- lity at the old airport site is an opportunity to start development there. Certain businesses, such as a bank, attract other businesses to a location. Councilmember Savanick said she believes the airport site should be considered a redevelopment site and different from other areas of the City. She is concerned CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1984 Page 4 about maintaing a distinction between service and non-service usage. If financing is used to attract non-service usage, what can be done to restrict a change in the property during the tax increment time period and after? She would like this ques- tion addressed as well as whether the zoning ordinance could be used to guarantee a certain usage. Councilmember Holton withdrew the second to the motion on the floor and the motion thus died for lack of a second. The Council agreed to table this item for 30 days for more information from the Staff and requested a status report on August 9, 1984, with a time schedule of the steps required for a tax increment project to proceed. John Gretz reviewed the Planning Commission's report dated July 19, 1984, on a re- quest to subdivide Lot 7, Block 2, Heritage Hills 3rd Addition. MOTION: of Holton, seconded by Goodwin, directing Staff to prepare a resolution of denial for the Council to consider August 9, 1984, as recommended by the Planning Commission, for a pre- liminary plat petition on Lot 7, Block 2, Heritage Hills 3rd Addition, because it fails to comply with minimum lot standards in an R-lC zone as required by Appendix B of the City Code. SUBDIVISION PETITION LOT 7, BLK 2, HERITAGE HILLS 3RD ADDITION Mr. Roy Zabierek, the petitioner, was present and said he believes the provision does not apply because it is placed on a portion of the proposed lot where no build- ing would be located. He then read his letter to the Council dated July 23, 1984, on the subject and requested approval. Bob Bonahoom was present and said his property abuts the proposed lot and he wrote a letter to the Planning Commission objecting to the subdivision. The eyesore re- ferred to in his letter would be placing another house between his house and Mr. Zabierek's, and he objects. Councilmember Holton said he does not believe the Planning Commission encouraged Mr. Zabierek to proceed by asking for additional information as Mr. Zabierek stated in his letter, but pointed out areas which required additional information. Mr. Jim Sheldon, City Attorney, asked Mr. Zabierek if the proposal, as now presented, is what he wants approved by the City? Mr. Zabierek said yes. Mr. Sheldon said it is a petitioner's responsibility to determine what the law is, not the City's Staff. As a convenience, the Staff may comment, but it is not their obligation to design a lot for a petitioner. Mayor Branning said he believes this is the first request from a resident to subdi- vide a reasonably sized lot. When lots are platted, all aspects of a subdivision are considered and by approving a plat, a certain commitment is made to purchasers of lots that this is where houses will be located. Any variance to this would re- quire some extreme hardship which has not been shown. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1984 Page 5 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984-119 approving plans and specifications for Project 84-21, Diesel Fuel Tank at Public Works Garage, and authorizing advertisement for bids to be received at 2:00 p.m. on August 28th, 1984. Ayes - 5 - Nays - 0. RES. 1984-119 PLANS & BIDS PROJ. 84-21 MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1984- 120 approving plans and specifications for Project 84-9, Roof Repairs at City Hall and the Liquor Stores, and authorizing ad- vertisement for bids to be received at 2:00 p.m. on August 28th, 1984. Ayes - 5 - Nays - 0. RES. 1984-120 PLANS & BIDS PROJ. 84-9 RES. 1984-121 EXPENSE POLICY ACCEPT PARK COM. APPS. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1984- 121 approving "Travel and Expense Reimbursement Policies" for the City as drafted. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, receiving notice of a Park Com- mittee vacancy and authorizing acceptance of applications for appointment until 4:30 p.m. on Monday, August 20th, 1984. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Holton, cancelling the informal Council CANCEL INFORMAL meeting set at 8:00 p.m. on August 2, 1984. Ayes - 5 - Nays - 0, MEETING Mayor Branning read notices received of a meeting on tax increment fin- ancing in Eagan on August 2, 1984, and "Music in the Park" at Redwood Park on August 2, 1984. MAYOR'S CORRESPONDENCE Mayor Branning read a letter drafted by Councilmember Holton advising re- GARBAGE sidents on placement of garbage containers. Councilmember Holton said CONTAINER Lt. Erickson would be writing to the haulers advising them they are in PLACEMENT violation if they pick up garbage placed at the curb. The Council agreed the letter should be sent to residents violating the ordinance and the newspapers. Councilmember Savanick suggested preparing a "Council Table" newsletter "COUNCIL TABLE" for distribution before the September llth, 1984, primary election show- NEWSLETTER lng voting precincts and clarifying the distinction between it and the School bond election set for September 25th. Mayor Branning said he has been contacted by a member of the School Board asking the Council, either individually or as a body, to take a stand on the bond issue. The Council agreed to discuss this further at its meeting of August 23, 1984. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31052 through 31059, 38425 through 38578 and 38587 through 38704, in the total amount of $1,773,790.91. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:50 o'clock p.m.