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HomeMy WebLinkAbout10/08/1992CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 8th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Administrative Intern Bail, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Associate Planner Hickok, City Planner Kelley, Police Ghief Rivers, Assistant to City Administrator Weldon and Community Development Director Welsch. Mayor Holton called the meeting to order at 8:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Erickson,.seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA SEPT. 24, 1992 MINUTES RES. 1992-257 ST. PAUL HRA & MPLS - GROUP HEALTH BONDS RES. 1992-258 APPOINT ELEC. JUDGES HEA CEDAR KNOLLS TOWN- HOMES EASEMENT Mayor Holton asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Goodwin, seconded by Erickson, moving contract award for Project 92-398B, Police Facility Utility Improvements, and approving all remaining items on the consent agenda. Ayes 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Erickson, approving the minutes of the regular meeting of September 24th, 1992, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-257 giving host City approval to the issuance of $70,000,000 Health Care Revenue Bonds being issued by the City of Minneapolis and the Housing and Redevelopment Authority of.St. Paul for Group Health Plan, Inc. Ayes - 5 D Nays ~ 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-258 appointing judges to work at the November 3, 1992, General Election in the City as listed in the resolution. Ayes - 5 - Nays ~ 0. MOTION: of Goodwin, seconded by Erickson, approving an Easement Agreement for private utilities on part of Lot 2, Block 15, Cedar Knolls, for the HRA Cedar Knolls Townhomes develop- ment, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 ~ Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1992 Page 2 MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-259 approving the final plat and Subdivision Agreement for Pilot Hill (formerly called Park Hill) and authorizing th Mayor and Clerk to sign the same. Ayes 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, authorizing issuance of a building permit to Donald Olson for a single family house on unplatted land on the east side of Safari Pass, at 121st Street (part of Section 15), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, granting a setback variance to allow construction of a new house to within 20 feet of the rear lot line on Lot 2, Block 2, Cherry Oak Estates, as recommended by the Planning Commission. Ayes - 5 Nays - 0. MOTION: of Goodwin, seconded by Erickson, granting a setback variance to allow construction of a house addition to within 25 feet of the east lot line on Lot 2, Block 1, Palomino Lakeside Meadows 5th Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-260 receiving the preliminary engineering report for Project 92-400, Sunset Addition Utility Improvements (Outlet A, Foster's Addition), and setting a public hearing on it at 8:00 p.m. on November 12, 1992. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-261 approving specifications for Supply of Certain Road Materials for the period December 14, 1992, through December 13, 1993, and authorizing advertising for bids to be receiv- ed at 2:00 p.m. on November 5, 1992. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-262 authorizing a sale to dispose of a 1985 Ford L8000 Dump Truck, with Snow Plow Equipment, and authorizing advertising for bids to be received at 2:00 p.m. on November 5, 1992o Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-263 approving plans and specifications for Project 92- 401, Pilot Hill (Park Hill) Utility Improvements, and authorizing advertiping for bids to be received at 2:00 p.m. on October 19, 1992. Ayes - 5 - Nays - 0. RES. 1992-259 PILOT HILL FINAL PLAT BLDG. PERMIT OLSON HOUSE ON SAFARI PASS HOUSE VARIANCE CHERRY OAK ESTATES VARIANCE PAL. LAKESIDE MEADOWS 5TH RES. 1992-260 SET HEARING PROJ. 92-400 RES. 1992-261 TAKE BIDS ROAD MATERIALS RES. 1992-262-- SELL SNOW PLOW TRUCK RES. 1992-263 TAKE BIDS PROJ. 92-401 CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1992 Page 3 MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-264 awarding the contract for Equipment and Modifications to the Fire Department's Step Van to Custom Fire Apparatus, the only bidder, in the amount of $35,180.00. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving Change Order No. 3 to the contract with McNamara Contracting for Project 92- 242, 127th Street Widening, in the amount of an additional $4,953.50. Ayes - 5 - Nays ~ 0. MOTION: of Goodwin, seconded by Erickson, approving Change Order No. 2 to the contract with Mille Lacs Contracting for Project 92-387, Morningview 7th Utility and Street Improvements, in the amount of an additional $6,084.89. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving Change Order No. 1 to the contract with McNamara Contracting for Project 92- 390, Amoco Street and Streetscape Improvements, in the amount of an additional $6,142.13. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving Change Order No. 1 to the contract with Volk Sewer & Water for Project 92- 393, Embassy Estates 3rd Addition Utility Improvements, in the amount of an additional $3,776.93. Ayes - 5 ~ Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving an excavation permit to allow up to 500 square feet of topsoil to be removed from Lot 13, Block 1, Cherry Oak Estates. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a Meter Reading Service Agreement with RMR Services, Inc., to provide such services for a 12-month period at a fee of $.20 per meter, and authorizing the Mayor and Cierk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, accepting the contract with McNamara Contracting for Project 92-242, 127th Street Widening, as final and authorizing final payment in the amount of $25,504.77. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, authorizing the expendi- ture of up to $2,500.00, from General Fund contingency, for installation of a pathway along the east side of Pennock Avenue at Christus Victor Church park and ride lot. Ayes 5 - Nays - 0. RES. 1992-264 AWARD CONTRACT FIRE VAN MOD. CHANGE ORDER 3 PROJ. 92-242 CHANGE ORDER 2 PROJ. 92-387 CHANGE ORDER 1 PROJ. 92-390 CHANGE ORDER 1 PROJ. 92-393 EXCAVATION PERMIT CHERRY OAK ESTATES RMR SERVICES METER READING AGREEMENT FINAL PAYMENT PROJ. 92-242 PENNOCK PATH AT CHRISTUS VICTOR CHURCH CITY OF APPLE VAI~EY Dakota County, Minnesota October 8, 1.992 Page 4 MOTION: of Goodwin, seconded by Erickson, approving issuance of 1992 Christmas Tree Sales Lot Permits to: Silver Bell Tree Farm, at East Valley Plaza parking lot; B & J Tree Farms, at Cub Foods parking lot; and Boy Scout Troop 205, at the northwest corner of ].42nd Street & Cedar Avenue. Ayes - 5 - Nays - 0. CHRISTMAS TREE SALES LOT PERMITS HIRE SEASONAL EMPLOYEE FILL POLICE VACANCIES IMAGES IN PRINT CONTRACT MOTION: of Goodwin, seconded by Erickson, approving hiring the seasonal employee as listed in the Personnel Director's memo dated October 8, 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, authorizing filling the vacant positions of Police Sergeant and Police Officer as requested in the Personnel Director's memo dated October 8, 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a Memorandum of Understanding with Karla Hartmann, d/b/a Images in Print, for contract clerical services from January 1993 through December 1993. Ayes - 5 - Nays - O. END OF CONSENT AGENDA Councilmember Humphrey said he asked to discuss award of the contract POLICE BLDG for the new Policy Facility Utility Improvements because he has had PROJECT concerns about the project. He would like to continue with the original Council/Staff Committee to oversee the project. He suggested this committee have periodic project reviews with the construction manager and staff including oversight of costs and space utilization. MOTION: of Humphrey, seconded by Sterling, appointing Mayor Holton, POLICE PROJECT Councilmember Humphrey and City Administrator Melena as a COMMITTEE committee to oversee the Police Facility construction project. Ayes ~ 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1992-265 1992~265 awarding the contract for Project 92-398B, Police AWARD CONTRACT Facility Utility Improvements, to Hydrocon, Inc., the low PROJ. 92-398B bidder, in the amount of $45,390.00. Ayes - 5 - Nays - 0. Mayor Holton called the public hearing to order at 8:15 p.m. to con- PUBLIC HEARING sider 1992 Special Assessment Rolls 316, 317 and 318, and noted ASSMT. ROLLS receipt of the affidavit of publication of the hearing notice. 316 TO 318 The City Clerk reviewed the assessments totaling $601,298.00. A letter objecting to Assessment Roll No. 316, in the amount of $147,940.00, on parcel number 01-03400-010-76, for Galaxie Avenue, was received from Wayne and Joanne Pahl, 1.0819 - 27th Avenue South, Burnsville. Mr. Pahl was present and said he uses the property for farmland, not building, and did not want Galaxie Avenue constructed. He objected to the taking of three acres of his property for the right-of-way. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1992 Page 5 Mayor Holton said roads are needed to serve the entire City and all property pays its fair share for the cost of providing roads. Mr. Pahl asked whether interest on the assessment will have to be paid if green acres deferral is used? Mayor Holton said the interest does not have to be paid annually, but continues to accrue and payment is deferred until the property is sold or goes off green acres. Mr. Pahl asked if his property is being assessed for pathway also and if he can get copies of doctunents showing what was spent on the street? He asked about other funds used to pay for the street. Mr. Melena said the City Engineer could provide documentation of costs. He noted that the total cost being assessed is $408,126.00. Of that amount $192,409.00 is being assessed to the Apple Ponds development, the City is paying $67,777.00 and $147,940.00 is being assessed to the Pahl property. Councilmember Erickson asked how the value of the road right-of-way was deter- mined? Mr. Sheldon said it was set through a condemnation hearing. Each party submitted appraisals. Three commissioners, appointed by the court, reviewed the property and made an independent determination of the amount the City must pay for the land. Mayor Holton the City cannot arbitrarily change the amount of the assessment. It is based on the benefit the property receives. If a property owner believes it is unfair, there is recourse through the system to recover. Mr. Pahl said the property is zoned single family and he does not believe it will have the value connnereial property would have. He asked what recourse he has? Mr. Sheldon said by filing his objection at this hearing, the first step of the statutory process has been fulfilled. He can proceed through the courts through his attorney. Colin Keislake, 15790 Gallery Avenue, said his lot abuts Galaxie Avenue and was torn up during construction and still has some water problems. He objects to being assessed for the road. He was advised that when he purchased his property, money was probably set aside in escrow for this assessment. It was suggested he check with Staff on who to contact. Mr. Pahl said he still objects to the City taking land for the road. Council- member Goodwin said this procedure is used throughout the State to build roads. Mr. Melena said that a property owner is paid for the land. An offer was made and an independent body determined what should be paid. The Mayor asked for other questions or comments. There were none and the hearing was declared closed at 8:38 p.m. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992-266 approving 1992 Special Assessment Roils No. 316, 317 and 318, as presented, in the total amount of $601,298.00 for certification to the Dakota County Auditor. Ayes - 5 - Nays - 0. RES. 1992-266 ADOPT ASSMTS. 316 TO 318 CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1992 Page 6 Mayor Holton called the public hearing to order at 8:39 p.m. to con- sider 1992 Special Assessment Roll No. 319 and noted receipt of the ASSMT NO. affidavit of publication of the hearing notice. The City Clerk said this assesment roll is to collect delinquent utility bills, tree removals and other charges totaling $8,518.38. Of this amount, $608.67 has been paid since the hearing notices were mailed leaving an amount of $7,909.71 due. Letters of objection have been received from Michael and Carol Johnson, for 7085 Upper 136th Street, $445.63; Joseph Graeve, for 14488 Garden View Drive, $69.68; and Jackie Mapp, for 997 Whitney Drive, $530.58. PUBLIC HEARING 319 Tbs Mayor asked for questions or comments. Councilmember Sterling asked about the Johnston hilling. Mr. Ballenger said this was a model home and the developer, St. Charles Homes, left the bill. Generally title companies check on such outstanding bills prior to a real estate closing, but in this case apparently it was missed. MOTION: of Erickson, seconded by Goodwin, removing the assessment of $445.63 from Lot 7, Block 2, Eagle Pond 1st Addition. Ayes - 5 - Nays - O. ADJUST ASSMT NO. 319 Councilmember Sterling asked about the Kapp billing. Mr. Ballenger reviewed the account and said weekly payments were being made, but the delinquency continued to accumulate. It is proposed to assess the delinquent amount to bring the account up to date and eliminate continuing penalty and interest. Councilmember Erickson asked if Ms. Kapp was aware it would be added to her property taxes? Mr. Ballenger said she was. MOTION: of Goodwin, seconded by Humphrey, reducing the assessment on Lot 14, Block 2, Apple Valley 9th Addition, from $530.58 to $300.00. Ayes - 5 - Nays - 0. ADJUST ASSMT NO. 319 The Mayor asked for further questions or comments. There were none and the hearing was declared closed at 8:50 p.m. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. ].999~267 approving 1992 Special Assessment Roll No. 319, as adjusted, in a revised total amount of $7,233.50 for certi- fication to the Dakota County Auditor. Ayes - 5 - Nays - 0. RES. 1992-267 ADOPT ASSMT, NO. 319 Mayor Holton called the public hearing to order at 8:54 p.m. to con- PUBLIC HEARING sider vacating easements on Lots 18, 19 and 20, Block 1, Grandview VACATE EASE~T Manor, and no,ed receipt of the affidavit of publication of the GRANDVIEW hearing notice. Mr. Kelley reviewed his memo dated October 8, 1992, describing the vacation for the purpose of combining the three lots into one parcel for one house. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:55 p.m. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992 - 268 vacating easements on Lots 18, 19 and 20, Block 1, Grandview Manor, and directing recording of the necessary documents with Dakota County. Ayes - 5 - Nays - 0. RES. COMPLETE GRAND VIEW VACATION CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1992 Page 7 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992-269 approving consolidation of Lots 18, 19 and 20, Block 1, Grandview Manor, into one tax parcel and directing recording of the necessary documents with Dakota County. Ayes ~ 5 - Nays - 0. RES. 1992-269 CONSOLIDATE GRANDVIEW MANOR LOTS Mr. Hickok reviewed the Planning Commission report on a request of VALLEY OLDS Valley Olds for a building permit for a body shop facility on the BODY SHOP northeast corner of Upper 145th Street and Granada. They understand BLDG. PERMIT a conditional use permit is needed for outside vehicle storage, but are asking to begin construction of the building this fall. Quinn Hutson, the architect, was present to answer questions. Councilmember Sterling asked about damaged vehicles being stored outside and how construction on this lot will affect the American Legion's parking? Mr. Hickok said issued related to vehicle storage will be addressed by a conditional use permit and they are aware that will have to come back to the Council. A property swap is being completed with the Legion so it will have the lots south of its building and Valley Olds has agreed to construct a parking lot on that site. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-270 authorizing issuance of a building permit for Valley Olds/Pontiac/GMG on Lots 1 and 2, Block 5, Valley Commercial Park 2nd Addition, with conditions as recommended by the Planning Commission. RES. 1992-270 VALLEY OLDS BODY SHOP BLDG. PERMIT Councilmember Humphrey said he would like to be sure that vehicles stored outside are adequately screened. Mr. Hickok said a combination of berming, landscaping and fencing will be used and reviewed with the conditional use permit. Mayor Holton asked that the Police Chief also review security issues. Vote was taken on the motion. Ayes ~'5 - Nays - O. Mr. Hickok said Apple Valley Square Shopping Center asked for two A.V. SQUARE weeks to prepare a response to the Planning Commission's recommenda- SIGN C.U.P. tion on its request for a conditional use permit for monument signs. At its meeting of October 7, 1992, The Commission recommended different locations and material for the signs. MOTION: of Goodwin, seconded by Sterling, tabling consideration of Apple Valley.Square Shopping Center's request for a conditional use permit for monument signs until October 22, 1992. Ayes ~ 5 - Nays - 0. TABLE A.V. SQUARE SIGN CONDL. USE SET HEARING AMEND TIF DISTRICT 7 MOTION: of Goodwin, seconded by Erickson, setting a public hearing at 8:00 p.m. on November 12, 1992, to consider amending Tax Increment Financing District No. 7 by including the Minnehaha Falls Garden Center and Sports Clinic sites in the district. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1992 Pags 8 The Council received information concerning solving Minnesota's MINNESOTA'S Budget Crisis prepared by the Coalition of Minnesota Businesses, Inc. BUDGET CRISIS Mr. Melena reviewed information comparing the inventory of single HOUSING family home lots available in the City. In 1985, there were 455 INVENTORY lots in 1987, there were 938 lots; and in 1992, there are 336 lots, REPORT tlc noted that development has been slowing down because the number of available lots is reduced. He also reviewed comparisons of construction and population growth rates in the past ten years. The Council received a letter dated October 2, 1992, from NHD-Cedar CEDAR KNOLLS Knolls Associates requesting tax increment financing to assist with STORM SHELTER construction of a storm shelter for Cedar Knolls Mobile Home Park. The letter indicates its residents do not receive commensurate City services for the amount of taxes paid. Mr. Melena reviewed an analysis of taxes paid to the City and cost of services provided. It indicates the average mobile home pays $102.05, arrnually, for City services while an average single family home pays $300 to $350 per year. They will be meeting with Park owners October 9th to discuss the request further. MOTION: of Goodwin, seconded by Sterling, appointing JoAnne Ellison as an additional member of the Youth Athletic Needs Study Committee. Ayes - 5 - Nays - 0. APPT. ELLISON YOUTH STUDY COM. TELEVISE MEETINGS Councilmember Humphrey said the question of televising Council meet- ings was raised at the Chamber of Commerce meet the candidates forum. He believes they should be and would like it to be arranged. MOTION: of Humphrey, seconded by Goodwin, directing the Cable TV Committee to pursue a plan to televise meetings and, within the next two weeks, provide updated cost estimates for acquiring the necessary equipment. PLAN FOR TELEVISING MEETINGS Councilmember Goodwin said he does not believe it's necessary to purchase expensive equipment for this purpose, but the meetings should be televised and it can be done economically. Councilmember Erickson concurred and said he would also like to pursue an informal meeting format where citizens can discuss issued with the Council. MOTION: of Erickson, seconded by Goodwin, amending the foregoing AGENDAS ON motion by having information on how to broadcast agendas on PUBLIC ACCESS cable public access in the next two weeks. Ayes - 5 - Nay. ~ 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - O. Mr. Gretz said the City of Rosemount is requesting additional sewage ROSEMOUNT capacity at the Empire Waste Treatment Plant. The Metropolitan Council SEWER CAPAC will be holding a hearing October 12, 1992, on the request. He recom- mended the Council take a position that it cannot support Rosemount's CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1992 Page 9 request unless it can be assured that adequate capacity will be available for the City's growth. The Council received a copy of a letter he will send to the Metropolitan Council stating this position. MOTION: of Goodwin, seconded by Sterling, directing the Public Works Director to appear at the Metropolitan Council's public hearing on October 12, 1992, and express concern for future treatment plant capacity. Ayes - 5 - Nays - O. MET COUNCIL SEWER HEARING CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwin, to pay the lists of claims and bills, check register dated September 30, 1992, in the amount of $1,762,888.82; and check register dated October 7, 1992, in the amount of $733,456.08. Ayes - 5 - Nays - O. MOTION: of Erickson, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:50 o'clock p.m.