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HomeMy WebLinkAbout06/10/1982CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1982 Minutes of the Board of Review meeting of the City of Apple Valley, Dakota County, Minnesota, held June 10, 1982, at 7:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly (attended at 7:40 p.m.), Overgard, and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the Board of Review meeting to order at 7:00 p,m. He explained that the purpose of this annual meeting is to review estimated market values of pro- perty in the City, as determined by the County Assessor, for 1982. Bill Peterson, and other members of the Dakota County Assessor's staff, was present and said the increases in market value for single family residential property in the City were 10 percent. He said the increase is based on actual sales figures of like property during 1980 and 1981 and the estimates are still not at 100 percent of actual market value. David Larson asked if favorable financing, such as assumable mortgages and contracts for deed, is taken into consideration in determining estimated market value? Mr. Peterson said they are attempting to take that type of thing into consideration. A certificate of real estate value is filed on all sales in the state now. The state is attempting to change this certificate to include this information. Residents of Garrett Square Condominiums were present to object to the estimated market values on their properties. They maid the increases were more than 10 percent and many of the values shown are more~than the actual purchase prices they paid. The Council received a letter from JoAnn Wall, 14630 Garrett Avenue, Unit 407 and Garage 18, objecting to the estimated market value on her property. This letter was referred to the Assessor's staff for review. Mayor Garrison asked the individuals present to meet with the Assessor's staff to review the property records at this time. Councilmember Savanick said the last time property in the City was revalued was in 1973 and she believes the difference in values of homes built before that time has increased disproportionately because of percentage increases over the years. Mr. Peterson said they will probably be revaluing the City in the next two years. They are doing Eagan now, Burnsville is next and then will be Apple Valley. Councilmember Kelly attended at this time. A question was asked if property along Interstate 35E would be considered for de- valuation because of the road. Mayor Garrison said some of that was already con- sidered in the price of that property when plans for the road were made known in the 1960's. After everyone had been given an opportunity to review property records, Mr. Peterson requested that the meeting be continued to June 24, 1982, so his office could answer remaining questions not answered tonight. He said they would also be going out to look at the Garrett Square Condominiums again. The meeting was continued to June 24, 1982 at 7:30 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 10, 1982, following the Board of Review Meeting at City Hall. PRESENT: Mayor Garrison; Coumcilmembers Branning, Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Overgard, seconded by Savanick, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Kelly, seconded by Branning, adding receipt of a letter from Apple Valley High School, Beef 'N' Brew change, Alimagnet Park party permit and LMC meeting matters to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays -.0. CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Branning, receiving a letter from Apple Valley Senior High School, dated May 27, 1982, thanking the Police Department for its cooperation during the past school year. Ayes - 5 - Nays - 0. POLICE DEPT. THANKS A.V.H.S. BEEF 'N' BREW OWNERSHIP CHANGE SUNSHINE CLUB ALIMAGNET PARTY PERMIT RES. 1982-77 LMC MEETING DELEGATE RES. 1982-78 LMC CONSTITU- TIONAL AMENDMT. MOTION: of Kelly, seconded by Branning, receiving notice of the change in ownership of Beef 'N' Brew, Inc., d/b/a Beef 'N' Brew, holding an on-sale liquor license at 7721 West 147th Street, filed by Michael Hagen, Robert Sommers and Raymond Williams. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Branning, issuing a party permit to Gary Pietig, as President of the Apple Valley Sunshine Club, said per- mit being issued pursuant to Sec. 14.5-3(g)(1) of the Apple Valley City Code, and to be valid only on June 26, 1982. Ayes - 5 - Nays MOTION: of Kelly, seconded by Branning, adopting Resolution No. 1982-77 designating Richard G. Asleson, City Administrator, as the City's official delegate to the 1982 League of Minnesota Cities annual meeting on June 17, 1982. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Branning, adopting Resolution No. 1982-78 authorizing actions by the City's official delegate at the 1982 League of Minnesota Cities annual meeting on June 17, 1982, re- lated to constitutional amendments of the LMC and its Articles of Incorporation. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Branning, approving a conditional use permit for outdoor display and sales for Lot 2, Block 1, Valley Commer- cial Park 1st Addition, adjacent to the north end of the existing building, for The Small Engine Shop as recommended by the Planning Cormnission. Ayes - 5 - Nays - O. COND'L USE SMALL ENGINE SHOP CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1982 Page 2 MOTION: of Kelly, seconded by Branning, granting a waiver of platting on Lot 7, Block 3, Cobblestones I, according to the survey, dated April 28, 1982, subject to installation of separate water and sewer services as recommended by the Planning Commission. Ayes - 5 - Nays - O. PLAT WAIVER LOT 7, BLK 3, COBBLESTONES I SETBACK VARIANCE LOT 10, BLK 4, GREENLEAF 5TH SETBACK VARIANCE LOT 23, ELK 4, A.V. 4TH MOTION: of Kelly, seconded by Branning, approving a setback variance on the west side of Lot 10, Block 4, Greenleaf 5th Addition, to allow a structure to be erected to within 10 feet of the property line as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Kelly, seconded by Branning, approving setback variances for Lot 23, Block 4, Apple Valley 4th Addition, in order to allow construction of a garage as indicated on the survey, dated May 13, 1982, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Branning, approving a single family de- PATTEN SINGLE tached building permit for Michael Patten on Government Lot 2, FAMILY BLDG. Section 10, Township 115, Range 20, according to the survey, PERMIT dated May 16, 1982, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Kelly, seconded by Branning, accepting the contract with Keys Well Drilling for Project 81-14(1), Deep Well No. 10,.as final and authorizing final payment in the amount of $18,861.90. Ayes - 5 - Nays - 0. PROJ. 81-14(1) FINAL PAYMENT LEGION TEMPORARY BEER LICENSE MOTION: of Kelly, seconded by Branning, approving a temporary on-sale 3.2 beer license for American Legion Post 1776 at Hayes Field on July 4, 1982. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, approving the minutes of the MAY 27, 1982 meeting of May 27, 1982, as written. Ayes - 4 - Nays - 0. MINUTES Mayor Garrison asked if there was anyone in the audience who wished to address the Council at this time on any item not on the meeting agenda. There was no one. AUDIENCE DISC. Mayor. Garrison reconvened the public hearing at 8:06 p.m. on Project 28- PROJECT 82-6 6, water improvement extensions to Williams Brothers Pipe Line property, PUBLIC HEARING which was continued from the May 27, 1982 meeting. The Council received a memo dated June 7, 1982, from Mr. Asleson concerning the project. Mr. Asleson said that Williams Brothers Company has expressed the position to the City that it is not concerned with property protection in case of fire at the site and having water at the site would not be beneficial to it. Marvin Kaplan, of Williams Brothers, was present and said in case of a fire, they would hope the Fire Department would respond to the Call and do what they can to protect sur- rounding property and keep the fire from spreading. They would not expect the Fire CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1982 Page 3 Department to actually fight a gasoline fire, their own personnel have procedures to follow if that should happen. He also said because they are fairly well isolated with undeveloped property around them, the facility does not present a hazard to the public. Fire Chief Richard Tuthill was present and said he agrees with Mr. Asleson's memo and a "memorandum of understanding" with Williams Brothers should be prepared. There being no further comments, the Mayor declared the hearing closed at 8:13 p.m. MOTION: of Branning, seconded by Overgard, tabling further consideration of Project 82-6 and directing Staff to prepare a memorandum of understanding with Williams Brothers Pipe Line Company outlining the procedures of the Apple Valley Fire Department for any minor or major fires at its site. Ayes - 5 - Nays - 0. TABLE PROJECT 82-6 & DRAFT AGP, EEMENT Jim. Friend, of the Apple Valley Jaycees, was present to give a check for ~.V. JAYCEES $100 to the City for plantings at Hayes Field in observance of arbor month. DONATION MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1982- RES. 1982-71 71 approving plans and specifications for Project 80-6, Utility PROJ. 80-6 Improvements related to Cedar Avenue between 140th Street and I35E, PLANS & BIDS and authorizing advertising for bids to be received at 2:00 p.m. on July 8, 1982. Ayes - 5 - Nays - 0. Consideration of setting a sale date for special assessment improvement bonds was tabled. MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1982- 72 amending the polling places for election precincts by desig- nating the Reorganized Church of Jesus Christ of Latter Day Saints as the polling place for Precinct 9 and Scott Highlands Middle School as the polling place for Precinct 11. Ayes - 5 - Nays - 0. RES. 1982-72 AMEND PRECINCT POLLING PLACES MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 73 awarding the contract for Project 82-1(1), The Oaks of Apple Valley Utilities, to Nodland Associates, the low bidder, in the amount of $392,927.00. Ayes - 5 - Nays - 0. RES. 1982-73 PROJ. 82-1~(1) CONTRACT AWARD The Council received the recommendation of the Planning Commission, dated June 4, 1982, concerning revisions and/or clarifications to the City's Comprehensive Plan. John Gretz reviewed the recommendations to show only the units per acre on the Land Use Map, ap- prove the Planned Urbanization Map and approve the Comprehensive Sewer Policy Plan. Mr. Gretz said both the Planned Urbanization Map and Sewer Plan would have to be forwarded to, the Metropolitan Council for approval before the City Council approves them. MOTION: of Overgard, seconded by Kelly, authorizing transmittal of the Planned Urbanization Map and the Comprehensive Sewer Policy Plan to the Metropolitan Council for its review and approval as re- commended by the Planning Commission. SEWER PLAN & MAP TO MET. COUNCIL Councilmember Branning asked why some already platted areas are shown as developing in the 1985 to 1990 time frame and other unplatted areas have been moved into the current time frame on the Planned Urbanization Map? Mr. Gretz said areas shown in the current time frame have had recent requests for development and areas shown in the 1985 to ~1990 time frame may have had preliminary plat approval, but because development has slowed, CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1982 Page 4 there has been no activity. The City is required to update this map every two years and this is showing where they believe development might occur. Councilmember Branning said areas that have utilities at or near their boundaries should be included in the current development time. Mr. Gretz said the map can be changed, but other areas would have to be moved to the 1985 to 1990 time then to balance sewer iflow because the total flow from the City is restricted until the Em- pire treatment plant is expanded. Councilmember Branning said he would like to see small platted areas of the City filled in. Councilmember Savanick said there are quite a few empty lots and areas where sewer and water is available and those should be encouraged to develop rather than opening up other areas of the City. Keith Gordon said the staging on the map is also affected by trunk capacity. By 1990, he estimates the western trunk will be at capacity and then the central trunk will be needed. Councilmember Savanick asked what was changed in the Southport area timing? Mr. Gretz said the area was previously shown as developing after 1990, but there is now a planned development agreement on the area and utilities are being installed so it is shown in the current time frame. Dan Coburn asked if the Birdsong proposal were not under consideration, would the re- commendation on the map still be the same? Mayor Garrison said because there has been a request for development, the area must be included. Since the sewer can be extended along Pilot Knob Road, it would seem likely for this area to develop. Rudy Olson asked for e clarification of the colored areas on the map. Mr. Gretz said green shows current development, red 1982 to 1985, and orange 1985 to 1990. Sarah Mardell asked when the last planned urbanization map was adopted? Mr. Gretz said the map was prepared in 1980 but was not formally adopted because the sewer plan was not approved. Ms. Mardell asked how may "red" areas have petitions before the Council at this time requesting rezoning? Mr. Gretz said the only one is Bicdsong. Ms. Mardell asked how much of the Birdsong area was in the 1980 to 1985 time frame on the previous map? Mr. Gretz said most of it was not in that time frame. MOTION: of Kelly, seconded by Overgard, calling for a vote on the motion on the floor. Ayes - 3 - Nays - 2 (Branning and Savanick). Vote was taken on the motion. Ayes - 3 - Nays - 1 (Savanick) (Branning Abstained). Mr. Gretz said the Planning Commission reviewed the minutes and notes made during the Comprehensive Plan process and recommended that reference to housing type be removed from the Land Use Guide Plan Map and only reference to residential units per acre be retained. Mayor Garrison read a paragraph from page IV-2 for the Comprehensive Plan related to land use designations and said the change recommended by the Planning Commission would bring the map into conformity with the text of the Comprehensive Plan. CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1982 Page 5 MOTION: of Overgard, seconded by Kelly, amending the Land Use Guide Plan AMEND LAND Map to indicate only units per acre in residential designations USE MAP as recommended by the Planning Commission. Councilmember Branning said because R-I, R-II, etc., are used on the Land Use Map and R-I, R-2, etc., are used in the zoning ordinance and map, many people are con- fused and he would not want the single family, duplex, etc., wording removed from the zoning map. Councilmember Overgard suggested changing the "R" designations to "D" for densities on the Land Use Guide Plan Map. Councilmember Savanick said she believes R-I has always been considered single family detached housing and that working should be on the map. Mr. Sheldon said a Guide Plan is just that, a plan. Before anything could be built, it would still have to have the proper zoning and, if necessary, be rezoned which places more restrictions on the development. The Council still retains its perogratives in the zoning process. Councilmember Branning said every developed area on the Land Use Map that shows R-I is single family houses so maybe this should continue. Jim Frisbee said the map was published and people have already seen it and relied on it so it should not be changed. Rudy Olson said if the map is changed, there will be no place in the City where people can be assured of living in single family home areas. Aline Daberkow said normally people do not consider townhouses, etc., to be located in single family home areas. Mayor Garrison asked if a specific category for single family detached homes could be added to the map? Mr. Gretz said it could be done, but the map would be more restric- tive and before it could be done, consideration would have to be given to topography and roads. Don Romain suggested combining the Land Use Map and zoning map and show the developed areas with their actual zoning. Agnes Scott said she owns land that is now zoned R-l, but the widening of Cedar Avenue will make it unsuitable for single family homes and asked what she could do with the property. Mayor Garrison said it could be rezoned and is shown as R-II on the Land Use Map. Jim Frisbee suggested changing the Land Use Map to "R-I = R-1A, R-lB, R-lC", etc. Dick Paulson said the example of density ranges given in the Comprehensive Plan would seem to apply to R-II, R-III and R-IV designations, but not R-I. R-I still refers to single family dwellings. CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1982 Page 6 Sarah Mardell said since the burden of proof for a revision to the Comprehensive Plan is on the person proposing the change, the Council should justify its reason for the change because it initiated it. Mr. Sheldon said this is the City's Plan and it has the ability to make changes to it. Ms. Mardell referred to the March 1982 action as the City Council referring it to the Planning Commission and said she wants the single family designation retained on the map. MOTION: of Savanick, seconded by Branning, calling for a vote on the · motion on the floor. Ayes - 4 - Nays -1~ (Overgard). Vote was taken on the motion. Ayes - 2 - Nays - 3 (Branning, Kelly, and Savanick). Councilmember Branning said he still believes some clarification needs to be made to the map to show single family detached units. Mr. Asleson said he will be selecting applicants to be interviewed for the Park Director position and plans to schedule interviews for June 29 or 30. He said at the first interviews held, the emphasis was on a strong golf course background. The applicants are still being screened for golf course expereience, but not with as much emphasis. PARK DIRECTOR RECRUITMENT FARQUHAR BUILDINGS The Council received a memo, dated June 7, 1982, from Mr. Asleson on the Farquhar Buildings. He also said vandalism problems have been continu- ing and the Delaney and Hagemeister Park Buildings were broken into this week also. Mayor Garrison said he does not believe it's possible to maintain Farquhar as a his- toric park. The Scott school building is probably the most significant of all the buildings and it could probably best be maintained at the Minnesota Valley Restor- ation or Pioneer Village at the Dakota County Fairgrounds. Councilmember Overgard agreed the buildings could probably not be maintained at the park. Councilmember Branning said he had looked at the buildings this week and because of their poor condition, the barn, milkhouse and summer kitchen should be removed. He said he was not able to go inside the house and would like more information on it before making a decision. The chicken house might be usable for some other purpose. MOTION: of Branning, seconded by Overgard, authorizing razing the barn FARQUHAR BARN at Farquhar Park, Marlene Romain commented on the Historical Committee's recommendations on the buildings and said its main concern is with retaining the Old Town Hall and Scott School. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mike Bassett was present and said $60,000 from the park bond issue was for renovation of the buildings at Farquhar. If it is not going to be used for the buildings, he would suggest, as a first priority it be used for repayment of the bonds or else used somewhere else at Farquhar Park. The Council discussed the chicken house and agreed to table consideration of it at this time to see if it might have some other possible uses. CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1982 Page 7 MOTION: of Branning, seconded by Savanick, authorizing razing the milk- house at Farquhar Park. Ayes - 5 - Nays - 0. FARQUHAR MILKHOUSE FARQUHAR SUMMER KITCHEN MOTION: of Branning, seconded by Savanick, authorizing razing the summer kitchen at Farquhar Park. Marlene Romain said the Historical Committee was interested in this building because it was believed it might have been the original house on the property. The Council agreed the Committee should look into this further. Vote was taken on the motion. Ayes - 4 - Nays - i (Overgard). MOTION: of Savanick, seconded by Overgard, authorizing razing the house at FARQUHAR HOUSE Farquhar Park. Ayes - 5 - Nays - 0. The Council discussed disposal of the buildings and directed Staff to proceed with auction or public sale of the buildings for demolition, except the summer kitchen until the Historical Committee has researched it further. MOTION: of Kelly, seconded by Overgard, to retain the Old Town Hall building at this time. OLD TOWN HALL Councilmember Branning said the building would require substantial work before it would be acceptable to locate it at City Hall in a residential area. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Garrison and Savanick). Councilmember Savanick asked if bond issue money could be used for the Old Town Hall and the Scott School? Mr. Asleson said he did not know, but the Council would be on better grounds if it used the money on those buildings in Farquhar Park than at some other park. Councilmember Branning suggested the Old Town Hall might be converted to a playground building. Marlene Romain said if a building is to be retained in the City, the Historical Committee would like to have some place for its use. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1982- 74 revoking the 1982 on-sale liquor license issued to Sutters Mill Apple Valley, Inc., 14990 Glazier Avenue, effective June 15, 1982, at 1:01 a.m.C.D.S.T. RES. 1982-74 REVOKE SUTTERS MILL LIQUOR LICENSE MOTION: of Branning, seconded by Overgard, amending the above motion by reinstating, the license if evidence of acceptable insurance is furnished before the above date. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Kelly, adopting Resolution No. 1982-75 rejecting all bids received for Project 82-4, Golf Course Sprink- ler Equipment, and directing the City Administrator to continue evaluating the repair needs and submit his recommendation to the Council by July 8, 1982. Ayes - 5 - Nays - 0. RES. 1982-75 REJECT GOLF SPRINKLER BIDS CITY OF APPLE VALLEY Dakota County, Minnesotg June 10, 1982 Page 8 MOTION: of Overgard, seconded by Savanick, approving hiring parttime HIRE EMPLOYEES employees as listed in the memo from Terry Schultz, dated June 8, 1982 hiring John M. Buck as a parttime liquor clerk, effective June 11, 1982, and approving the transfer of Linda Tesmar from a parttime police dispatcher (Job No. 71) to the position of secretary (Job No. 73) at a monthly salary of $1,119 effective May 18, 1982. Ayes - 5 - Nays - O. MOTION: of Overgard, seconded by Savanick, approving 1982 transient merchant licenses for Minnesota COACT and Star Press Interna- tional. Ayes - 5 - Nays - 0. TRANS. MERCHANT LICENSES RES. 1982-76 PLANS & SPECS. CEDAR AVENUE CURBSIDE GARBAGE RECOMMENDATION PLAYGROUND REGISTRATIONS COUNCIL TABLE CLAIMS & BILLS MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1982- 76 approving plans and specifications prepared by the Minnesota Department of Transportation for construction of Cedar Avenue between 140th Street and I35E. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, placing consideration of the Urban Affairs Committee recommendation on curbside garbage col- lection on the Council meeting agenda of July 22, 1982. Ayes - 5 - Nays - 0. Mr. Asleson reported on summer park playground registrations and said the number of registrations to date this year is much lower than in 1981. The Council will be kept advised of activity in the programs. Councilmember Savanick said any articles for the "Council Table" news- letter should be submitted to her. MOTION: of Overgard, seconded by Kelly, to pay the claims and bills, checks numbered 27260 through 27264, 27887 through 27946 and 27955 through 28067, in the total amount of $3~064,952.83. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgacd, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 11:35 o'clock p.m.