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HomeMy WebLinkAbout08/09/1984CITY OF APPLE VALLEY Dakota County, Minnesota August: 9, 198/4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 9th, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning (attended at 9:19 p.m.); Councilmembers Goodwin, Holton and Humphrey; Clerk Asleson. ABSENT: Councilmember Savanick. Acting Mayor Nolton 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 Humphrey, seconded by Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA CONSENT AGENDA RES. 1984-123 APPOINT ELECTION JUDGES RES. 1984-124 AWARD CONTRACT PROJ. 84-7 RES. 1984-125 AWARD CONTRACT PROJ. 84-14 JULY 26, 1984 MINUTES AUDIENCE DISCN. MOTION: of Humphrey, seconded by. Goddwin, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- appointing judges for the 1984 State Primary Election on September 11, 1984. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 124 awarding the contract for Project 84-7, Repainting 2.0 MG Nordic Water Reservoir, to Dairyland Improvement, the low bidder, in the amount of $62,180.00. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 125 awarding the contract for Project 84-14, Forest Point Utility and Street Improvements, to Spencer Construction, the low bidder, in the amount of $196,631.00. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the meeting of July 26th, 1984, as written. Ayes - 3 - Nays - 0. Acting Mayor Holton 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 pre- sent to speak. Acting Mayor Holton called the public hearing to order at 8:04 p.m. on PUBLIC HEARING Project 84-19, Timberwick 7th Addition Improvements, and noted receipt of PROJ. 84-19 the affidavit of publication of the hearing notice. Keith Gordon reviewed the preliminary engineering report on the project with a total estimated cost of $137,340. Acting Mayor Holton asked for questions or comments from the Council and public. There were none and the hearing was declared closed at 8:06 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 126 directing the Engineer to prepare plans and specifications for Project 84-19o Ayes - 3 - Nays - 0. RES. 1984-126 PLANS & SPECS. PROJ. 84-19 CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1984 Page 2 Acting Mayor Holton called the public hearing to order at 8:07 p.m. on PUBLIC HEARING Project 84-18, Pinecrest 2nd and Shepherd of the Valley Lutheran Church PROJ. 84-18 Trunk Improvements, and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon said he would recommend installation of the water trunk only at this time. Installing the sewer trunk along the south boundary of the Church property would require removal of many trees and can be delayed until the property to the south develops and installed on that property. It is not feasible to install both the water and sewer trunks on the same alignment because of topography problems. Acting Mayor Holton asked for questions or comments from the Council and public. Jon Ahlberg, of the Church, said the Church concurs with not running the sewer on their property. The Council also received a letter from him dated August 9, 1984, expressing the same opinion. A member of the Church asked if they would still be assessed for lateral sewer? Mr. Gordon said yes, the lateral benefit from trunk would still be assessed. There being no further comments, the hearing was declared closed at 8:16 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 127 directing the Engineer to prepare plans and specifications for the water trunk portion of Project 84-18 only. Ayes - 3 - Nays - 0. RES. 1984-127 PLANS & SPECS. PROJ. 84-18 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- RES. 1984-128 128 denying preliminary plat approval for Zabierek Addition, as DENY ZABIEREK recommended by the Planning Commission, because it does not meet PRELIM. PLAT subdivision regulations and no hardship exists for a variance. Ayes - 3 - Nays - 0. Acting Mayor Holton called the public hearing to order at 8:19 p.m. on PUBLIC HEARING Project 84-6, Southport 2nd Addition Improvements, and noted receipt of PROJ. 84-6 the affidavit of publication of the hearing notice. Keith Gordon re- viewed the preliminary report on the project. Water can be extended in Garrett A~enue from County Road 42, but sanitary sewer must be extended about one- half mile from the east. If 151st Street is completed between Galaxie and Garrett Avenues, water could be included in it as an option for future development. It was recommended the hearing be held open so various options could be considered. Acting Mayor Holton asked for questions or comments from the Council and public. There were none and the hearing was continued indefinitely at 8:22 p.m. Mr. Asleson said he has done more research on tax increment financing TAX INCREMENT and fiscal disparities implications as discussed at the Council's July FINANCING 26, 1984, meeting. In the fiscal disparities pot, commercial/industrial property taxes are based on the local levy and metropolitan area levy. Forty per- cent of the tax is filtered into the pot. In using tax increment financing, the Council must declare whether it will capture 100 percent of the increment or some lesser percentage. The effect on the City's mill rate depends on tax increment's use within the metropolitan area. If the percent of use, based on the city's assessed valuation, is greater than the metropolitan average, it will cause the CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1984 Page 3 local mill rate to be higher. If the percent of use is the same as the metropolitan average, there is no change. If the percent of use is less, the local mill rate is less. The benefit to the City is if a finding can be made that the project is needed and could not proceed without tax increment financing. The impact on fiscal disparities is minor because it is diluted by the combination of the entire assessed valuation in the metropolitan area. If a $20,000,000 tax increment bond issue was financed by the City, it appears the effect would be about $30 per year on a $80,000 home. If the project provides tax base and jobs for the community, the effect is minor. Mr. Asleson reviewed information on the effect of $1,000,000 tax increment issue to provide an annual increment of $50,000. He reviewed the cash flow summary of vari- ous term bond issues and what the net spendable proceeds would be. Based on this information, he would recommend not exceeding a 17-year issue because of the rate of diminishing return on spendable proceeds for longer terms. He would also recom- ment capturing 60 percent of the increment instead of 100 percent. Acting Mayor Holton asked if using 100 percent of the increment for a shorter time period might not be more desirable because the entire property could get on the tax rolls sooner? Mr. Asleson said using t00 percent could potentially have more effect on the community than using a smaller percentage. Mr. Asleson said some options in Project 84-6, on which the public hearing was just held, were discussed with Community State Bank and Mr. Winkler. Instead of just installing utilities in 151st Street, the street could be completed to open the area for development. Ideas on how to package financing on this option have not been passed on by bond counsel yet. The problem in this project has been the cost of the sewer line because it must be extended from quite a distance through undeveloped property. If all the information can be completed by August 23rd, the Council could set a hearing then and hold it on September 13th. Action can be taken after the hearing. Acting Mayor Holton said he believes 151st Street should be completed and would like to see a comparision of capturing 60 percent of the increment with a 17-year issue versus capturing 100 percent of the increment with a 10-year issue. Councilmember Humphrey said he would like to see answers to the questions of; "Would the project occur without tax increment financing?", "What is the benefit to the City if it is approved?" and "What is the prospect of it creating additional development?" Mr. Bauer, of Community State Bank, was present and said the proposal is acceptable to him. Mr. Winkler was present and said he would have to confer with his partners and could not comment yet. John Gretz reviewed the Planning Commission's report dated August 2, 1984, AMERICAN LEGION and building plans for American Legion Post 1776 prdposed on Granada BUILDING & Avenue at Upper 145th Street. Chuck Novak, the architect, was present CONDITIONAL USE and said the Club proposes to build the entire building, but finish the PERMITS interior of part of it at present and develop part of the site. When the interior of the building is completed, the rest of the site would be completed also. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1984 Page 4 Acting Mayor Holton said he is concerned about the fact that this is a metal build- ing. Mr. Novak said more brick panels on the sides and landscaping have been added at the request of the Planning Commission. (Mayor Branning attended during this time.) Lynne/Kline, of the Planning Commission, was present and said the Commission felt the changes to the building were acceptable, but she, personally, does not agree with a metal building. Mr. Holton said he would also like to see brick on all four corners of the building. Bernie Fink, of the Legion, was present and said they would do so. MOTION: of Humphrey, seconded by Goodwin, approving conditional use permits for a private club and for on-sale liquor in an RB zoning district for American Legion Post 1776 and authorizing issuance of a building permit on Lots 11, 12 and 13, Block 2, Valley Commercial Park 2nd Addition, for the club as recom- mended by the Planning Commission with the inclusion of brick trim on all four corners of the building. Ayes - 3 - Nays - 1 (Holton). AM. LEGION CONDITIONAL USE & BLDG. PERMITS DIAMOND PATH 8TH PRELIM. PLAT & PERMITS MOTION: of Humphrey, seconded by Goodwin, approving the preliminary plat of Diamond Path 8th Addition, located at the northeast corner of County Road 42 and Pilot Knob Road; authorizing is- suance of building permits for phase one with occupancy subject to filing the final plat, as recommended by the Planning Com- mission; and directing Staff to prepare a development agreement. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 129 requesting Mn/DOT to provide a wood noise abatement wall along the north ramp on the east-west portion of Trunk Highway 77 as shown on plans prepared by Mn/DOT, numbered 1929. Ayes - 4 - Nays - 0. RES. 1984-129 T.H. 77 NOISE WALL REQUEST MOTION: of Goodwin, seconded by Holton, referring a request for amend- ment to the kennel provisions of the animal control chapter of the City Code, as described in the Police Chief's memo dated August 6, 1984, to the Urban Affairs Committee for a recommendation. REFER KENNEL ORDINANCE TO URBAN AFFAIRS Lew Wurdeman, 13204 Ferris Avenue, was present and said he is requesting a change similar to that shown in a model ordinance, of which he has furnished a copy, to allow a residential hobby kennel. He now has more dogs than permitted and was given 30 days to comply with the ordinance, which he will try to do, but would like to be able to have more dogs. Mr. Asleson said the City's ordinance has no provision for a variance so whatever accommodation might be made (granting a variance or providing for a residential hobby kennel) would require an ordinance amendment. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 326 amending restrictions on hours of sales of beer, liquor and wine in the City Code to allow sales on election days and prohibit sales after 8:00 p.m. on December 24. Ayes - 4 - Nays - 0. ORDINANCE 326 LIQUOR SALES HOURS CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1984 Page 5 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1984-130 awarding the contract for Project 84-20, Repainting Fire Station No. 1 and Liquor Store No. 2, to Painting Systems, the low bidder in the amount of $5,550.00. Ayes - 4 - Nays - 0. RES. 1984-130 AWARD CONTRACT PROJ. 84-20 HIRE PARTTIME LIQUOR SALES CLERKS HIRE LAWELL STUDENT INTERN MOTION: of Holton, seconded by Goodwin, approving hiring Thomas Regner and Michael Lalone as parttime Liquor Sales Clerks effective August 10th and 18th, respectively, at starting salaries of $4.25 per hour. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring M. Thomas Lawell as a student intern effective August 13, 1984, as shown in the City Administrator's memo dated August 6, 1984. Ayes - 4 - Nays - 0. Mr. Asleson reported that negotiations on ambulance service are continu- AMBULANCE lng. Nothing has yet been resolved, but paramedic level of service will SERVICE be continued. The current contract expires October 1, 1984. Mayor Branning asked if a joint meeting with other cities could be shheduled? Mr. Asleson said not yet and he will update the Council at its August 23rd meeting. MOTION: of Goodwin, seconded by Humphrey, cancelling the Council's in- formal meeting of August 16, 1984. Ayes - 4 - Nays - 0. CANCEL INFORMAL MEETING PURCHASE CITY ENTRANCE SIGNS RECEIVE PEDEST. SAFETY AWARD GEORGE'S MARKET OUTDOOR PERMIT MOTION: of Holton, seconded by Goodwin, authorizing the purchase of 48" by 30" entrance signs for the City, containing the City logo, as shown in the sketch presented by John Gretz. Ayes - 4 - Nays - 0. The Council received a memo dated August 7, 1984, advising that the City will receive the Pedestrian Safety Citation Award in the American Automo- bile Association's 45th annual pedestrian protection program. MOTION: of Humphrey, seconded by Goodwin, approving a special use permit for George's Market, Inc., for outdoor produce sales at 207 County Road 42 from August 13th through October 15th, 1984. Ayes - 4 - Nays - 0. Mayor Branning noted the Daybridge Learning Center will be holding an open MAYOR'S CORRESP. house August 18, 1984, to which the Council is invited. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31060 through 31062, 38713 through 38799, 38801 and 38811 through 38937, in the total amount of $490,708.77. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:07 o'clock p.m.