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HomeMy WebLinkAbout02/08/1990CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 8th, 1990, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Forestry Specialist Brackee, Public Works Director Gretz, City Planner Kelley, Police Chief Rivers and Community Development Director Welsch. Mayor Branning 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 led by the members of Boy Scout Troop 499° MOTION: of Savanick, seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MOTION: of Holton, seconded by Savanick, approving the minutes of the JAN. 25, 1990 regular meeting of January 25th, 1990, as written. MINUTES Councilmember Goodwin questioned the intent of the Council in the motion, on page 10, concerning negotiation for the Skipper's property on the corner of County Road 42 and Cedar Avenue. A report on this property is scheduled later on the agenda. MOTION: of Savanick, seconded by Humphrey, tabling action on the January 25, 1990, minutes until the "Council Items" later on the agenda. Ayes - 5 - Nays - 0. TABLE MINUTES JAN. 31, 1990 MINUTES AUDIENCE DISCN, CONSENT AGENDA V.A.A. BEER LICENSE AVHA DANCE & LIQUOR PERMITS MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the special meeting of January 31st, 1990, as written. Ayes - 3 - Nays ~ 0 (Branning and Holton Abstained). Mayor Branning asked if any one 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 Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving a temporary on-sale 3.2 beer license for Valley Athletic Association at the Apple Valley Community Center on February 10, 1990. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a dance permit and authorizing issuance of a temporary on-sale liquor license for Apple Valley Hockey Association at Apple Valley Community Center on March 24, 1990. Ayes -5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 1990 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990 33 approving special assessment divisions: 18379 Radcliff Townhomes, 18471 Eagle Hills 2nd, 18473 Scott Property Section 22, 18472 Southport Centre, 18488 Gangl's Estates and 18491 Williamsburg Addition. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing a settlement offer of $10,000 in conjunction with an additional $10,000 from the City of Farmington for Ness v. Apple Valley lawsuit under a Rule 68 motion, as recommended by the City Attorney. Ayes - 5 - Nays - 0. MOTION: of Holton,'seconded by Goodwin, approving a Cooperation Agreement with the Dakota County HRA for 10 additional units of Scattered-Site Acquisition Housing and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 34 receiving the Public Works Director's report on installation of street lights in The Woods Additions and setting a public hearing on it at 8:00 p.m. March 8, 1990. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. G- 2 to the contract with Parkos Construction for Liquor Store No. 1 Interior Construction in the amount of an additional $1,251.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 35 designating County Road 38, between Johnny Cake Ridge Road and Pilot Knob Road, as part of the Municipal State Aid Street System. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 36 directing the Engineer to prepare plans and specifications for Project 90-347, County Road 31 (Pilot Knob Road) storm sewer improvements, between Diamond Path and the Eagan border. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 37 establishing an ad hoc Energy Committee, for participation in the Minnegasco Energy Conservation Program, and appointing the members of the Urban Affairs Committee to the committee along with the City Administrator and Building Official as ex officio members. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving temporary self- insurance of disability insurance coverage for Firefighters Paul Hunsinger, Rollie Lindeman and Arnold Gilbertson until June 30, 1990, as recommended by the Personnel Director. Ayes - 5 - Nays - 0. RES. 1990-33 ASSESSMENT DIVISIONS NESS LAWSUIT SETTLEMENT OFFER HRA COOPERATION AGREEMENT RES. 1990-34 SET HEARING WOODS ST LIGHTS CHANGE ORDER G-2 LIQUOR STORE 1 RES. 1990-35 CR 38 M.S.A. RES. 1990-36 PLANS & SPECS. PROJ. 90-347 RES. 1990-37 ENERGY COMMITTEE TEMPORARY FIRE DISABILITY SELF-INSURANCE CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 1990 Page 3 MOTION: of Holton, seconded by Goodwin, appointing John Gretz as temporary Acting Administrator from February 9 through 23, 1990, during the Administrator's military leave. Ayes - 5 - Nays - 0. TEMPORARY ACTING ADMINISTRATOR HIRE HORWATH PARKS MAINTNCE. POLICE POSITIONS RECLASSIFICATION HIRE WELDON ASST. TO ADMIN. MOTION: of Holton, seconded by Goodwin, approving hiring James Horwath as a fulltime Parks Maintenance Worker effective February 9, 1990. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving reclassification of the Lead Dispatcher and Records Supervisor positions in the Police Department to Pay Level 4 in the Personnel Plan as recommended by the Personnel Director. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Jeffrey W. Weldon for the position of Assistant to the City Administrator effective February 26, 1990, at a starting annual salary of $31,000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Gretz reported on the February 1, 1990, meeting with residents PUBLIC HEARING concerning Project 89-332, South Farquar Lake Area Utility and Street CONTINUATION Improvements. The details of the project were discussed. Residents PROJ. 89-332 had asked how much service connections would cost. Private con- FARQUAR AREA tractors estimated it at up to $2,000 depending on the distance from the street. In addition, if the property had not previously been assessed or paid hook-up charges, that cost would be $1,320. The Assessor's Office advised that this project would not directly change the value of the property, for tax purposes, for three years. In 1992, all property in the City will be re-valued. Natural gas has been installed in the area. Electric lines are not underground and if that is requested, it would cost about $1,000 per lot plus an additional $1,000 to bring it to the house. The consensus was that the residents did not want sidewalks. If street lights are to be installed, a separate hearing on those would be necessary. Mayor Branning reconvened the hearing at 8:19 p.m., as continued from January 25, 1990, and asked for questions or comments. Jennifer Kistner, 4885 Dominica Way, asked when property would actually have to connect to sewer and if the City's criteria is different from the DNR's? Mr. Gretz said past practice of the City has been not to require connection until the property owner wants it. This does not mean connection couldn't be required by another agency, such as the DNR or PCA; however, the City's criteria for septic system standards is the same as these agencies. Jon Dahlen, 4899 Dominica Way, asked for clarification of the Assessor's statement on taxes. Councilmember Goodwin said it means they will not come in and reassess the property value because of this project. There would still be some percentage increases in value annually. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 1990 Page 4 Bob Gjovik, 4850 Dominica Way, asked if there was any indication of how much the value would go up in three years? Mayor Branning said, in past experience, increases could not really be contributed to a particular project like this. The values result from formulas of sales of like property and economic conditions. Councilmember Savanick concurred, but stated she does not believe enough consideration is given to the age of the homes by the Assessor. Jerry Kistner asked how the City could prove benefit to the property? Mr. Melena said that does not have to be done now. When the project is completed and the assessment roll prepared, if the amount of the assessment is challenged, the benefit would have to be proven in court via appraisals, etc. Gail Gjovik asked for clarification of the difference between the estimated construction costs and the amount of assessments. Mr. Gordon said the reason for the difference is that per acre trunk charge for storm sewer, sanitary sewer and water are added to the direct construction costs. Trunk charges are a per acre charge, levied to all property in the City, for oversizing built into the system. It is a method of equitably spreading the cost City-wide. Ron Wolf, 4901 Dominica Way, asked what can be done about the speed limit? Mr. Gretz said they discussed purposely increasing some of the curves to 90 degree angles which might also meet the warrants for stop signs. After the design is completed, the plans would be submitted to the State for a speed limit study. Mr. Wolf asked if the street will be usable during construction? Mr. Gretz said the contractor will be required to maintain access to every house. Wilt Anderson, 5441 West 134th Street, said his street, with curb and gutter, was installed last year. Even though he did not want the street, they did a very professional job and he is satisfied with it. He also said that after sewer was installed for his property in 1976, his taxes did not go up. Mr. Gjovik asked about interest charges and prepayment of the assessments. Ms. Mueller said simple interest is charges, probably eight percent, and the unpaid balance can be prepaid any time during the term of the assessment without additional interest. Mr. Gjovik asked how long the street should last? Mr. Gretz said indefinitely; it is considered a permanent street. An overlay would probably be installed in 15 years and that is currently paid by the City's general fund; not charged to the residents. Mr. Wolf asked what kind of curb would be used? Mr. Gretz said they are recommending a regular, right angle, curb rather than surmountable type because all of the driveways in the area are in place. Ms. Kistner asked why the project is being proposed. They bought their property six months ago and were told the septic system was fine. Mr. Gretz said neither the DNR nor PCA were part of this proposal. However, they do have the right to require removal of septic tanks if they believe there is a problem. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 1990 Page 5 Mayor Branning said the proposal came up after the Council was made aware of the cost of maintenance on a gravel road in another area. The Council asked Staff to look at improving the remaining gravel roads in the City. Councilmember Htumphrey said septic tank problems are a secondary consideration in this project, but making sewer available is important so it will be available for connection when needed. Mr. Dahlen and Ms. Gjovik questioned whether the amounts estimated for maintenance on the road were actually being spent. Mr. Gretz said the estimates where what it would cost to maintain a gravel road to optimum standards. Councilmember Savanick asked if the estimated assessments are intended to be the maximum assessments? Mr. Gordon said no, just estimates, actual assessments will be based on construction costs. Mayor Branning noted receipt of a letter from Doug and Bobbie Dudgeon, 4830 Dominica Way, stating they are now in favor of the project except for sidewalks. He asked for further questions or comments. There were none and the hearing was declared closed at 9:03 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-38 ordering installation of Project 89-332, South Farquar Lake Area Utility and Street Improvements, without sidewalks. RES. 1990-38 ORDER 89-332 FARQUAR AREA Mayor Branning said the original petition opposed to the project was signed by 19 families. One letter stating they are no longer opposed has been received. He asked for a straw poll of those present for their opinion. Nine families were present and six of those voted in favor. Councilmember Humphrey said there were people strongly in favor of the project at the February 1st meeting who are not here tonight. Ms. Gjovik asked if assessments will be determined as shown on the map; that is based on number of lots rather than acres or front feet? The Mayor said yes. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 39 directing the Engineer to prepare plans and specifications for installation of Project 89-332. Ayes - 5 - Nays - 0. RES. 1990-39 PROJ. 89-332 PLANS & SPECS. REPLAT PROPERTY MOTION: of Savanick, seconded by Goodwin, directing Staff to initiate action to replat the properties involved in Project 89-332, if necessary, in conjunction with road alignment and lot combinations and divisions. Councilmember Savanick asked how this would be paid for? Mayor Branning said it would become part of the project costs and included in the special assessments. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 85, 1990 Page 6 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-40 transferring control, authority and operation of the Apple Valley Master Development District and of the Tax Increment Financing Districts to the Apple Valley Economic Development Authority. Ayes - 5 - Nays - 0. RES. 1990~40 TRANSFER TIF DIST. TO EDA Ken Brackee advised that he has been reviewing regulations in other TREE cities on preservation of trees. The intent is that anyone doing PRESERVATION land alteration (such as developing lots) must identify and protect ORDINANCE certain trees on the property. This would go beyond just inspecting the lot when a building permit is issued. Nothing now prevents a vacant lot from being cleared before a permit is requested. Such an ordinance would require locating significant trees on the lot (by a formula). If they are to be removed, replacement would be required. The Council generally concurred with the concept of such an ordinance and he will proceed with a draft for review. Mr. Welsch gave a summation of the four informal comments received to GRAVEL EIS date on the Gravel Draft Environmental Impact Statement. The concerns UPDATE relate to timing, ownership of the parcels, surface water quality, truck traffic and dust, truck traffic equivalents to other vehicles and noise. A committee of the Metropolitan Council met today and the recommendation it will be forwarding on to the Metropolitan Council is that the EIS involves issues of local concern only except for timing of connection to the sewer system when mining is completed and development occurs. The public comment period continues until February 22, 1990, after which the final Draft EIS will be prepared. It will probably involve a four to six week period to respond to comments and another four to six week period for preparation. He noted that it could be early summer before it is finalized. Mr. Welsch reported that since one of the 1990 goals included commu- CITIZENS' nication with the citizens, a preliminary draft of a citizens' survey SURVEY has been prepared. He distributed a draft for the Council to review. He asked the Council to consider how much depth it would like to go into on the Zoo Amphitheater question. Mayor Branning suggested this be held over until he can review it further with the City Administrator. Mr. Melena said, based on action at January 25, 1990, meeting, the LAND ACQUISITION Attorney put together an option agreement and a check for $10,000 STATUS REPORT was prepared for the Savings & Loan property. It has not been accepted by them yet. Mr. Sheldon said he understands they are still considering whether to accept and who is entitled to a commission. Mr. Melena said a letter of intent to acquire the Skipper's Restaurant site, with certain conditions, was sent to Coldwell Banker. Coldwell Banker advised that it will accept the conditions and is meeting with the property owners to see if they will accept. Indications are that acquisition is of the lease only, but includes right of first refusal to purchase the property. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 1990 Page 7 Councilmember Goodwin said he thought the action the Council was taking January 25, 1990, on the Skipper's site was to get information on what could be acquired and come back to the Council. Councilmember Humphrey said the intent was that it be acquired if there were some alteration of the ground lease. He suggested that the minutes should be amended to include the points listed in Mr. Melena's letter of January 30, 1990. Mr. Melena said, for clarification, what would be acquired is the remainder of a 50-year lease only. Amendments to the lease, as referenced in the letter, are being negotiated. Mayor Branning said he is in favor of acquiring the site and making the property saleable for another use. Couneilmembers Goodwin and Holten said they are opposed to acquiring it. Mr. Melena said the reason acquisition was being considered was to control the corner of County Road 42 and Cedar at the least cost; that is acquiring the lease for $195,000 rather than the approximately $800,000 it would take to purchase the surrounding property. The previous appraisal for the Skipper's site was $245,000. The Council discussed clarifying the action of January 25, 1990. Mr. Sheldon said, when the items comes to the table, the minutes could be approved as written and the action amended at this time with a new motion. MOTION: of Holton, seconded by Goodwin, approving a Non-Exclusive Real Estate Listing Agreement authorizing an agent to secure a meat/deli lessee and a bakery lessee for the space adjoining Liquor Store No. 1 at a commission of up to $5,000 provided the commission is included in the lease as additional rent. LISTING AGREEMT. SPACE ADJOINING LIOUOR STORE 1 Mr. Sheldon said the amortization of the commission over the term of the lease is flexible and any proposed lease would .come back to the Council for approval. Vote was taken on the motion. Ayes - 5 - Nays - 0. The Council recessed its regular meeting at 10:50 p.m. to conduct an Economic Development Authority meeting. The regular meeting recon- vened at 10:53 p.m. ECONOMIC DEV. AUTHORITY MEETG. ADMIN. LEAVE ALF BOARD REPORT SET INFORMAL MEETING The Council noted that the City Administrator would be on military leave from February 9 to 26, 1990. Councilmember Holton reported that the ALF Ambulance Board rescinded the disciplinary action against the paramedics. They hope this will put the issue behind them so they can get on with business. MOTION: of Holton, seconded by Goodwin, cancelling the informal meeting of February 15, 1990, and setting it at 8:00 p.m. on March 1, 1990, with topics of: sportsdome, EDA objectives, downtown design guidelines and Fire Department merit pay. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 1990 Page 8 MOTION: of Humphrey, seconded by Holton, approving the minutes of the JAN. 25, 1990 regular meeting of January 25th, 1990, with a correction on MINUTES page 10 in the motion to negotiate for Skipper's site adding after "building": "...and continue leasehold rights even though the building has been demolished..." Councilmsmber Goodwin said, for the record, he misunderstood the motion and believed it was direction to get more information before proceeding. He does not believe the amendment clarifies the motion, but Staff and the Council understood it. He is not in favor of proceeding with acquisition and, therefore, will not vote in favor of the minutes. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Goodwin). MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 69751, 73997 through 74059, 74061 through 74096, 74149 through 74205, 74207 through 74257 and 74259 through 74306, in the total amount of $10,169,887.06. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 11:14 o'clock p.m.