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HomeMy WebLinkAbout10/14/1982CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 14, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly, Overgard, and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 7:30 p.m. The Councilmembers and everyone 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 Overgard, seconded by Savanick, adding consideration of insur- ance specifications, Cable TV Commission annual report and Park Director's moving expenses to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 125 approving the specifications for various items of City insur- ance coverages for 1983 through 1986 and authorizing advertise- ment~ for bids to be received at 2:00 p.m. on December 2, 1982. Ayes - 5 - Nays~- 0. RES. 1982-125 INSURANCE SPECS. & BIDS 1981-82 CABLE TV REPORT BURNSVILLE- EAGAN CABLE TERRITORY] TRANS. MERCHANT LICENSE RES. 1982-126 ISSUE DUPLICATE FOR LOST BOND MOTION: of Overgard, seconded by Savanick, approuing the 1981~82 Annual Report of the Apple Valley Cable TV Commission and authorizing its transmittal to the Minnesota Cable Communications Board. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, acknowledging receipt of in- formation advising Apple Valley of a proposal by the Cities of Burnsville and Eagan to establish a joint cable service territory, noting that Apple Valley's Cable Commission had no negative com- ments on the proposal, and that this City Council does not object to the proposed joint Burnsville/Eagan cable television service territory. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving the 1982 transient merchant license for The Christmas Wreath Company. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 126 authorizing issuance of duplicate bonds and coupons to Dain Bosworth, Incorporated, to replace those lost from the $557,000 General Obligation Water Revenue Bonds of 1975 pursuant to M.S. 475.70. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1982 Page 2 MOTION: of Overgard, seconded by Savanick, approving the final plat and GALAXIE PARK Development Agreement for Galaxie Park 1st Addition and author- 1ST FINAL PLAT izing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.& AGREEMENT MOTION: of Overgard, seconded by Savanick, approving the final plat and Development Agreement for Pennock Place and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. PENNOCKPLACE FINAL PLAT & AGREEMENT VARIANCE 18-10 PAL. LAKESIDE MEADOWS 2ND FENCE VARIANCE 1-1 GREENLEAF 9TH ADDN. BLDG. PERMIT 138TH STREET & PENNOCK HIRE PARTTIME DISPATCHER PARK DIRECTOR MOVING EXPENSE SEPT. 23, 1982 MINUTES MOTION: of Overgard, seconded by Savanick, granting a variance for Lot 18, Block 10, Palomino Lakeside Meadows 2nd Addition to build up to 20 feet of the east lot line as recommended by the Plan- ning Commission. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, granting a variance for Lot 1, Block 1, Greenleaf 9th Addition to allow a fence to be e- rected parallel to the west lot line, to the curbline of 128th Street, until such time as this street is extended west, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick approving a building permit for a single family home on unplatted property located at the northwest corner of Pennock Avenue and 138th Street as recom- mended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving hiring Marilyn Westin-Nelson for the permanent parttime position of Police Dispatcher effective October 18, 1982, at a salary of $6.56 per hour. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving moving expense re- imbursement to Jon Gurban in the amount of $1~398049. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, approving the minutes of the regular meeting of September 23, 1982, as written. Ayes - 4 - Nays - 0 (Garrison Abstained). MOTION: of Savanick, seconded by Overgard, approving the minutes of the special meeting of September 27, 1982, as written. Ayes - 5 - Nays - O. SEPT. 27, 1982 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. AUDIENCE DISC. Tina Rankin, representing the Business & Professional Women's Associa- tion was present with a proclamation. The Mayor read and signed the Proclamation proclaiming October 17 to 23, 1982, as National Business Women's Week. PROCLAMATION BUSINESS WOMEN'S WEEK CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1982 Page 3 Jim Christianson, representing Forest Park Association, read and presented ACADEMY VILLAGE a petition to the Council opposing a rezoning to increase density in the REZONING apartment area of Academy Village now being considered by the Planning Com- mission. The Mayor received the petitionand said it would become part of the Council will receive when it considers this item. Mr. Christianson also asked that the Planning Commission be given copies of the petition. Mayor Garrison called the public hearing to order at 7:44 p.m. on the app- PEPITO'S LIQUOR lication of William Joseph Senkyr, d/b/a Pepito's of Apple Valley, for on- LICENSE HEARING sale and Sunday liquor sales license and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson said the application is for a restaurant at 14990 Glazier Avenue and noted that because this is a new application, the Council cannot act on it at the same meeting as the hearing. Mr. Senkyr was present to answer questions and said he proposes to open in early November and would like the license effective November 1, 1982. The Mayor asked for questions or comments from the public. There were none and the hearing was closed at 7:50 p.m. Consideration of approval of the license will be scheduled for October 28, 1982. Mayor Garrison called the public hearing to order at 7:50 p.m. on the app- GALAXIE PARK IRB lication of Galaxie Park Development Company for $670,000 of Industrial- FINANCING Commercial Revenue Bond financing and noted receipt of the affidavit of HEARING publication of the hearing notice. Mr. Asleson said the proposal has not changed from that approved August 12, 1982, but this hearing is required because of a technicality in the previous hearing notice. The Mayor asked for questions or comments from the public. There were none and the hearing was closed at 7:52 p.m. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-127 granting preliminary approval to the proposal of Galaxie Park Development Company for $670,000 of Revenue Bond financing under the Minnesota Municipal Industrial Development Act for two office- warehouse buildings located south of County Road 42 on Galaxie Avenue. Ayes - 5 - Nays - 0. RES. 1982-127 PRELIM. APPROVAL GALAXIE PARK IRB FINANCING Mayor Garrison called the public hearing to order at 7:53 p.m. on the app- NURSING HOME lication of the Lemieux Partnership, d/b/a Apple Valley Health Care Center, IRB FINANCING for $5,800,000 of Industrial-Commercial Revenue Bond financing and noted HEARING receipt of the affidavit of publication of the hearing notice. Mr. Asleson said preliminary approval was given for $5,300,000 of financing July 27, 1981, for a proposed nursing home. Harry Lemieux was present and said they are requesting an increase in the amount of financing to $5,800,000 because of the delay in beginning construction. The Mayor asked for questions or comments from the public, There were none and the hearing was closed at 7:55 p.m. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- 128 granting preliminary approval to the proposal of Lemieux Partnership, d/b/a Apple Valley Health Care Center, and author- izing an increase to $5,800,000 of Revenue Bond financing under the Minnesota Municipal Industrial Development Act for a nursing home. Ayes - 5 - Nays - 0. RES. 1982-128 PRELIM. APPROVAL NURSING HOME IRB FINANCING PROJECT 79-3 PUBLIC HEARING Mayor Garrison called the public hearing to order at 7:57 p.m. on Project 79-3 Pilot Knob Estates improvements, and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1982 Page 4 improvements for the 1st Addition of 40 single family lots and 24 double lots. It includes sanitary sewer and water trunks and laterals, storm sewer trunks and laterals and gravel base for a total cost of $550,200. The developer will be installing the streets. The Mayor asked for questions or comments from the public. There were none and the hearing was closed at 8:01 p.m. MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1982- 129 ordering Project 79-3, Pilot Knob Estates 1st Addition util- ity improvements and gravel base. Ayes - 5 - Nays - 0. RES. 1982-129 ORDER PROJECT 79-3 RES. 1982-130 PLANS & BIDS PROJECT 79-3 PUBLIC HEARING ASSESSMENT ROLLS 183-189 MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 130 approving plans and specifications for Project 79-3 and au- thorizing advertisement for bids to be received at 2:00 p.m. on November 12, 1982. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 8:02 p.m. on the 1982 Special Assessment Rolls No. 183 to 189 and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson reviewed the procedures for filing objections and asked if anyone had written objections to fille. Each of the rolls were then reviewed. No. 183, Nordic Woods 4th and Apple Valley East 6th, a total of $62,867.30. The Mayor asked for comments or objections; there were none. No. 184, 153rd Street in Apple Valley Square, a total of $81,915.59. The Mayor asked for comments or objections; there were none. No. 185, Cobblestone Manor, The Oaks of Apple Valley, and Timberwick 6th, a total of $916,246.00. The Mayor asked for comments or objections; there were none. No. 186, Southport and Galaxie Avenue extension, a total of $159,343.00. The Mayor asked for comments or objections; there were none. No. 187, Timberwick 6th and utility and street improvements related to 138th Street and Pennock Avenue. Mr. Asleson said the total for Timberwick 6th should be corrected to $148,871 and the Vista property corrected to $22,494 for a total assessment roll of $393,113.00 because trunk sanitary sewer should not have been included. The Mayor asked for comments or objections; there were none. No, 188, 138th Street and Pennock Avenue utility improvements, a total of $10,982.00. The Mayor asked for comments or objections. Rollin Crawford, representing Russell and Barbara Hall, said their hearing notice was incorrect. Mr. Asleson said the correct amount for this property is $7,474. No. 189, Cedar Avenue improvements including utilities. Mr. Asleson explained the assessment formula for the road improvements between Whitney Drive and 140th Street and reviewed the staff recommended corrections reducing the amount by $15,027.00. He also recommended the Alliance Church property be assessed at the multiple rate for a reduction of $3,183. Written notices of objection were received from Dorothea Russell and Mount Olivet Assembly of God Church on this portion of the assessment roll. The revised total is $296,553.00. CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1982 Page 5 William Bache, representing Alliance Church, asked why that property was being assessed for utilities now? Mr. Asleson said that property had not previously been assessed for the utilities installed and surrounding property has. He asked the difference between lateral and trunk assessments and Mr. Asleson explained it. Robert Swanson asked why the assessment on his property was being levied at 11.5 per- cent interest and the rate was lower on others? Mr. Asleson said the interest rate was determined by the bonds sold to finance the various portions of the improvements and the different bond issues carried different interest rates. Mr. Asleson reviewed the portion of the assessments applicable to property north of 140th Street abutting Cedar Avenue. This area is not being assessed for road improve- ments because that is a State contract, but it is being assessed for utilities. He reviewed the staff recommended corrections reducing the amount by $7,138.00. Written objections were received from Geraldine Byers, Helen Schultz, Russell and Barbara Hall and Donald and Mary Kay Erickson. The revised total is $300,476~00. John Gretz said the statement in the objection of the Halls on the "contractual arrange- ment'' does not apply to Cedar Avenue. The contract applied to dedication of right-of- way for Pennock Avenue only. Mr. Asleson explained the reference to the pending assessment search in the objection of the Ericksons and said on the date of the information, November 13, 1981, the improvements were not considered pending because the project had not yet been ordered by the Council. Agnes Scott was present and said her property was assessed for trunk charges in 1972 and the lateral charges should be adjusted because they were not able to use the utilities since no tees were put in at that time. She asked what arrangements are being made for her property to connect to utilities at this time? She was advised the connection would be put in where requested and Keith Gordon will meet with her tomorrow to discuss the locations. Mr. Crawford said not all of the Hall property is developable and the ponding area should be excluded from the trunk assessments, They object to the lateral assessments because they believed utilities would be available from Pennock Avenue and not assessed, Mr. Asleson said even though the pond is shown on the Master Storm Sewer Plan, it is not known when it will be needed, Any assessments on the property would be part of the negotiations when the City acquires it. Don Erickson said he does not believe the City could not have known there would be assessments on.his property when he purchased it. Jeff Beaufoy, of Mount Olivet Church, read a portion of guidelines for assessments for city councils from his attorney and asked if the church property would be subject to any other assessments. Mr. Asleson said this property has not paid for any storm sewer yet so that would be remaining. Mr. Crawford said a storm sewer pipe was just installed to the pond On the Hall property so acquisition by the City may be necessary shortly. CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1982 Page 6 Mr. Asleson reviewed the portion of the assessments for storm sewer related to Cedar Avenue. He reviewed the staff recommended corrections reducing the roll to $76,211.00. A written objection from Thorson-Cornwell Co. had been received related to this. The Council received a written objection from William Scott and Agnes Scott Helen Schultz asked what other assessments might be on her property? Mr. Asleson said it has not been assessed for storm sewer yet. There being no further comments or questions; the hearing was closed at 9:42 p.m. MOTION: of Overgard, seqonded by Branning, adopting Resolution No. 1982. 131.approving 1982 AssessmentlRolls No. 183 to 189 with the rec ommended corrections for a total of $2,297,706.89. Ayes - 5 - Nays - 0. RES. 1982-131 APPROVE ASSMT. 183 to 189 RES. 1982-132 ASST. DIVISION GALAXIE PK.1ST MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 132 approving division of special assessment No. 186 on parcel number 01-03400-015-01 upon filing of the final plat of Galaxie Park 1st Addition. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 10:14 p.m. on a PUBLIC HEARING proposed Housing Development Plan and Tax Increment Financing Plan, TAX INCREMENT under the provisions of Minnesota Statutes, Chapters 273 and 472A, and FINANCING PLAN noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson said the purpose of these plans would be to create a municipal development district on Lots 1, 2, and 3, Block 5, Apple Valley Commercial Addition, related to the proposed construction of a nursing home and housing project by the Lemieux Partner- ship, d/b/a Apple Valley Health Care Center. Ed Tschida, of Professional Planning and Development Company, explained the proposal to use tax exempt bonds to finance improvements to the property. The bonds would be re- paid by the additional taxes generated on the property due to the improvements. Councilmember Branning questioned whether the proposed future apartments should be in- cluded in this proposal. Mr. Tschida said it is being included as an option at this time so the Council would not be precluded from allowing use of the funds for that pur- pose in the future. The first action of the Council would be to establish a district and it is only implemented when bonds are actually sold. Jim Sheldon said the purpose of the initial Council action is to request the County Auditor to establish a tax in- crement district. Councilmember Savanick questioned the use of the terms "low and moderate income" in the plan. Art Piel said that is necessary for the housing portion of the plan and means 20 percent of the units would be available to low and moderate income individuals. Harry Lemieux said the units would not be only for the elderly, but also for handicapped in- dividuals. There being no further comments; the hearing was closed at 10:55 p.m. The Council received a resolution from the Planning Commission, dated October 6, 1982, recommending approval of the plan. MOTION: of Overgard, seconded by Garrison, adopting Resolution No. 1982- 133 approving the Minicipal Development Program and Tax Incre- ment Financing Plan and the use of tax increment financing and RES. 1982-133 EST. TAX INCRE- MENT DISTRICT CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1982 Page 7 establishing Municipal Development District No. 1 on Lots 1, 2, and 3, Block 5, Apple Valley Commercial Addition. Ayes - 5 - Nays - 0. Steve Mattson of Juran & Moody, distributed a schedule of debt service payments dated October 14, 1982, on $260,000 G.O. Tax Increment Bonds. Because this sale would be less than $300,000, it can be a negotiated sale. Mr. Mattson said he would request bids from previous bidders on City bonds in a sort of "mini" bid process. He also said, if the Council had no objections, he would be requesting a rating on the bonds. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- 134 authorizing the sale of $260,000 General Obligation Tax Incre- ment Bonds of 1982 with bids to be received at 7:30 p.m. on October 28, 1982. Ayes - 5 - Nays - 0. RES. 1982-134 SET $260,000 BOND SALE MOTION: of Savanick, seconded by Overgard, approving a waiver of platting PLAT WAIVER to divide Lot l, Block 5, Apple Valley Commercial Addition into LOT l, BLK. 5, two parcels, as shown on the attached survey, as recommended by the A.V. COMMERCIAL Planning Commission. Ayes - 5 - Nays - 0. The Council received a memo, dated October 4, 1982, from John Gretz con- B'IRDsoNG cerning the proposed Birdsong rezoning. Bill Dolan was present and said REZONING the rezoning request had been withdrawn on the portion of the Birdsong PROPOSAL proposal east of Pilot Knob Road. Ruscon Homes has expressed interest in building single family homes in the area proposed as R-lC zoning. His request, at this time, is to proceed with the rezoning petition on the 80 acres west of Pilot Knob Road as originally presented. If the Council concurs that it would not be necessary for this to go back to the Planning Commission, he will have legal description drawn on the M-4, M-3, and R-lC areas of the 80 acres. Mayor Garrison said Council approval would not be required for Mr. Dolan to do the sur- veying. Mr. Gretz said the purpose of coming to the Council is also to request author- ization for the staff to draft a rezoning ordinance which would also state the maximum number of units allowed in the areas as welt as the zoning. Councilmember Branning asked if it would be necessary for this to be planned development? Mr. Gretz said Mr. Dolan is requesting a total of 200 units in the M-4 area. This is more than allowed under a straight M-4 zoning, but when combined with the M-3 and R-lC areas in a planned development, it would be permitted. Mr. Asleson said Mr. Dolan is bascially asking the Council if it wants to consider this smaller area without another public hearing, Councilmember Overgard said she agrees that the original public hearing is all that is necessary, Councilmember Branning agreed but said he is opposed to the planned development zoning. Councilmember Savanick agreed with Councilmember Branning and said she is also opposed to M-4 zoning in that area because of the condition of Pilot Knob Road. Mr. Gretz said documents will be drafted for the Council to review at a future meeting. CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1982 Page 8 MOTION: of Savanick, seconded by Kelly, approving the revised prelim- FOREST PARK inary plat of Forest Park 3rd Addition, as recommended by the 3RD REVISED Planning Commission and Park Committee, to end in a cul de sac PRELIM. PLAT and directing staff to prepare a development agreement for con- sideration. Councilmember Overgard said she believes the pedestrian pathway should be between the side lots rather than along the rear lot lines as suggested by the Planning Commission. Councilmember Branning said he believes the road access should be left to Alimagnet Park for future access rather than a pathway. Mayor Garrison agreed and said the road should end in a parking area in the park and not be a through street. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning and Garrison). MOTION: of Savanick, seconded by Overgard, approving inclusion of a FOREST PARK pathway easement to Alimagnet Park in the vicinity of Lots 6 3RD PATHWAY and 7 or Lots 7 and 8. Ayes 3 - Nays - 2 (Branning and Garrison). MOTION: of Overgard, seconded by Savanick, passing Ordinance No. 276 amending City Code Section 6-54(1) to permit, in a B-4 zone, one square foot of signage per 25 square feet of floor area, then one square foot of signage per each 100 square feet of floor area to a maximum of 500 square feet of signage, as re- commended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 276 AMEND SIGNAGE IN B-4 ZONES The Council received a memo, dated October 7, 1982, from John Gretz on GALAXIE AVENUE the status of improvements to Galaxie Avenue between 127th Street and IMPROVEMENTS the Apple Valley/Eagan border. Mayor Garrison said since the intersec- tion of Galaxie Avenue and Cliff Road in Eagan would not have signals, he had asked Mr. Gretz to look into the possibility of Mn/DOT extending Galaxie Avenue to 35-E. Mr. Gretz said he had and the new alignment of Galaxie Avenue in that area is too far to the east and Mn/DOT will be letting a contract for the continuation of 35-E this fall so that area will be under construction. Mr. Gretz said the temporary signals will not be installed because Eagan would not agree to pay 50 percent of the cost. MOTION: of Overgard, seconded by Savanick, authorizing gravel improve- ments to Galaxie Avenue north of 127th Street in Apple Valley without traffic controls at the intersection of Galaxie Avenue and Cliff Road. GALAXIE AVENUE GRAVEL IMPR. Councilmember Kelly said without signals at that intersection, improving the road would only promote accidents. Vote was taken on the motion. Ayes - 2 - Nays - 3 (Garrison, Branning, and Kelly). CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1982 Page 9 The Council reviewed plans for Mn/DOT construction of a bridge over Cedar Avenue at Palomino Drive. The Council asked if a pedestrian crossing is shown on the plans. Mr. Gretz said he 'did not see one at this time. The Council agreed to table consideration of the plans for more information on the details. Consideration of designating additional mileage on the City's Municipal State Aid Road System for 1982 was tabled. MOTION: of Overgard, seconded by Kelly, setting a special Council meeting at 7:30 p.m. on November 3, 1982, at City Hall for the purpose of canvassing election results. Ayes - 5 - Nays - 0. The Council agreed to continue a status report on frachise refuse collec- tion to the meeting of November 9, 1982. Councilmember Kelly was out of the room at this time. MOTION: of Overgard, seconded by Savanick, to eliminate, effective after October 29, 1982, the current fulltime position of Maintenance Laborer at the Golf Course and that the City Administrator notify Tom Thorman, the person holding this position, that he is being laid off from the position effective October 30, 1982, with his last day of work in the position being October 29, 1982. Ayes - 4 - Nays - 0. Councilmember Kelly returned to the room. MOTION: of Branning, seconded by Overgard, to pay the claims and bills, checks numbered 27307 through 27309, 27311, 29541 through 29602, 29611 through 29656, 29665 through 29723 and 29725 through 29792, in the total amount of $2,542,608.84. Ayes - 5 - Nays - 0, MOTION: of Branning, seconded by Kelly, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:20 o'clock a.m. CEDAR-PALOMINO BRIDGE TABLE M.S.A. DESIGNATION SET SPECIAL MEETING TABLE GARBAGE GOLF COURSE PERSONNEL CLAIMS & BILLS