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HomeMy WebLinkAbout10/29/1981CITY OF APPLE VALLEY Dakota County, Minnesota October 29, 1981 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 29, 1981, at 7:30 o'clock p.m. at the City Hall pursuant to due call and notice thereof. 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 every- one in attendance took part in the pledge of allegiance to the flag. Mayor Garrison called the public hearing to order at 7:32 p.m. on 1981 special assess- ment rolls 180, 181, and 182 and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson reviewed assessment roll 180 in the total amount of $181,821.36 consisting of utility improvements for Hamlet 2nd Addition and utility and street improvements for Apple Valley East 6th and Nordic Woods 4th Additions. The Mayor asked for questions or comments from the public. There were none. Mr. Asleson reviewed assessment roll 181 in the total amount of $113,651.72 consisting of street improvements for 153rd Street, between Pennock and Cedar, and utility improve- ments for Lots 9, 10, 11, and 12 of Knottywoods. The Mayor asked for questions or com- ments from the public. There were none. For assessment roll 182, County Road 42 impovements, Mayor Garrison said written objec- tions have been received from Don Melby, Art Fischer, Richard Fischer, Ray Tousignant and Ed Tousignant and are on file. Mr. Asleson reviewed the total project costs df $3,749,502, of which the City's share is $978,727. The City's share is split $450,000 for right-of-way acquisition and $528,727 for construction. Of the $978,727, $614,057 is proposed to be assessed to abutting properties. Mr. Asteson explained the computa- tions for the individual property assessments based on use of the property and the benefit as determined by appraisals. Richard Winkler, representing D.W. Investment, presented a letter, dated October 8, 1981, objecting to the use category in which his property was placed for the purpose of comput- ing the assessment. Jim Sheldon said the Council should receive this letter and it will be reviewed. Mr. Sheldon said, by presenting the written objection, Mr. Winkler preserves his right to appeal the decision as do the others who have filed written objections. Mr. Sheldon said this does not affect the Council's action in adopting the assessment roll at this time. Mr. Asleson said those who have objected will have 30 days in which to appeal a decision in district court. He also said Mr. Winkler's objection will be reviewed and comments on it will be prepared for the Council to consider at its November 12, 1981 meeting. Merlin Eddy presented a written objection, dated October 28, 1981, objecting to paying for the improvements. Daniel Beeson, an attorney representing Ray and Ed Tousignant, said they had objected to the assessments and the properties now have access to the east and west on County Road 42 and will only have eastbound access after the improvements are made. He said the properties are adequately served by the existing road and the improvements benefit the general public and not these residences. He cited the case of West St. Paul in improve- ments to Wentworth Avenue. CITY OF APPLE VALLEY Dakota County, Minnesota October 29, 1981 Page 2 Art Fischer said he had objected to the assessment and the road will not benefit his property; it will not have both east and west access; and those people with property abutting the road are also paying for it in Federal, state, county and local taxes. Mayor Garrison question Mr. Beeson about the field access on the Ray Tousignant pro- perty. Mr. Beeson said that will be only eastbound access. Mr. Asleson commented that the assessment is also based on future uses of the property, not is present use. Ed Tousignant asked if this assessment policy will set a precedent on road assessments for other projects, such as Cedar Avenue. Mr. Asleson said the City has previously assessed other road improvement projects and Cedar Avenue will also be assessed. Mrs. Eddy asked how the City determined that their property benefits from the road im- provements or even curb and gutter? Mr. Asleson said a professional appraisal was made on the property and is available for anyone to look at. Merlin Eddy questioned narrowing the right-of-way for the road by his property from 75 feet to 65 feet. John Gretz said generally 75 feet is needed, but because of the location of his house, a variance was requested by the County and the right-of-way was narrowed to 75 feet. There being no further comments, the Mayor declared the hearing closed at 8:17 p.m. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981- 192 approving Assessment Rolls 180 and 181, as presented, and directing the City Clerk to transmit them to the County Auditor to be extended upon the proper tax lists. Ayes - 5 - Nays - O. RES. 1981-192 ADOPT ASSMT. ROLLS 180 & 181 RES. 1981-193 ADOPT ASSMT. ROLL 182 MOTION: of Overgard, seconded by Garrison, adopting Resolution No. 1981- 193 approving Assessment Roll 182, as presented, and directing the City Clerk to transmit it to the County Auditor to be ex- tended upon the proper tax lists. Councilmember Kelly said she is concerned about the elimination of the westbound ac- cess on the Ray Tousignant property. Mr. Asleson said the property does have access to Dodd Road and the access was most likely considered by the County in its payment to Mr. Tousignant for the right-of-way. Councilmember Branning asked if the County paid for all of the road right-of-way? Mayor Garrison said yes except for the right-of-way which was previously acquired by dedication when the property was platted. Mr. Asleson said the premise of the assess- ment laws is that assessments must be equal as to class of property and payments for right-of-way are separate items. Councilmember Branning stated that those property owners who dedicated right-of-way are also paying part of the cost of buying the right-of-way from the others who did not dedicate it. Councilmember Savanick said the Council had previously discussed the assessment policy and possible alternatives, such as not assessing those who dedicated the right-of-way. She asked whether a different policy could be adopted now? Mr. Asleson said the assessments could be delayed, but the first installment would not be able to be collect- ed with the 1982 tax statements. Councilmember Branning said he does not want to develop another policy, but brought this up as a point of clarification. He said this should be considered in future development agreements for platting property where the potential for this type of assessment may exist. CITY OF APPLE VALLEY Dakota County, Minnesota October 29, 1981 Page 3 Mr. Asleson read the portion of the June 4, 1981, City Council meeting minutes where the Council had approved this assessment policy. Mr. Sheldon said all of the objections filed will be reviewed and if there are any changes in the assessments to be considered, a recommendation will be made to the Council. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, to pay the claims and bills, checks numbered 23657 through 23659 and 25002 through 25072, in the total amount of $666,718.52. Ayes - 5 - Nays - 0. CLAIMS AND BILLS Jim Sheldon said the Council had previously authorized condemnation proceedings for acquiring Cedar Avenue easements and he now has commitments for six easements, but some will have to be condemned. He asked that the Council authorize him to proceed with "quick take" possession action on those which have not been settled. MOTION: of Overgard, seconded by Savanick, authorizing the City Attorney to proceed with condemnation for acquiring Cedar Avenue easements, commence "quick take" possession action and authorizing payments for the property based on the appraisals now on file. Ayes - 5 - Nays - 0. CEDAR AVENUE EASEMENT CONDEMNATION MOTION: of Overgard, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:58 o'clock p.m.