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HomeMy WebLinkAbout10/25/1990CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 25th, 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, Project Engineer Aune, Finance Director Ballenger, Personnel Director Boland, Receivables Accountant Regis, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:08 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Humphrey, seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA OCT 11, 1990 MINUTES AUDIENCE DISCN. CONSENT AGENDA MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of October 11th, 1990, as written. Ayes - 5 - Nays - O. 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 Humphrey, moving CDBG Guidelines and enforcement of sign restrictions on the Downtown Ring Route to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-202 setting the assumed value of land at $20,000 per acre for calculating cash in lieu of land contributions for subdivision dedications effective for petitions received after this date. Ayes - 5 - Nays - 0. RES. 1990-202 SET PARK CASH IN LIEU AT $20,000 MOTION: of Holton, seconded by Humphrey, authorizing payment of Commissioners' expenses to Thomas Metzen, James Foutchis and Herbert Nyberg for the 140th Street and Cedar Avenue intersection condemnation proceedings. Ayes - 5 - Nays - O. 140TH & CEDAR CONDEMNATION EXPENSE PAYMENT TARGET CIGARETTE LICENSE MOTION: of Holton, seconded by Humphrey, approving a 1990 cigarette sales license for Target Greatland at 15150 Cedar Avenue. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1990 Page 2 MOTION: of Holton, seconded by Humphrey, approving a Revised and Restated Black Dog Lake Watershed Management Commission Joint Powers Agreement with the Cities of Burnsville, Eagan, Lakeville and Savage and authorizing the Mayor and Clerk to sign the same. Ayes 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-203 approving specifications for two Hydraulic Pickup Mounted Snowblowers and a Hydraulic Power Unit and authorizing advertising for bids to be received at 2:00 p.m. on November 14, 1990. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-204 approving specifications for a Combination Snow Casting Rotary Snowblower and authorizing advertising for bids to be received at 2:00 p.m. on November 14, 1990. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 2 to the contract with E. H. Rennet & Sons, Inc., for Project 90-348, Well Pump Nos. 1 & 2 Repair, in the amount of an additional $1,566.40. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 90-348, Well Pump Nos. 1 & 2 Repair, as final and authorizing final payment on the contract with E. H. Renner & Sons, Inc., in the amount of $2,955.26. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving reduction of subdivision financial guarantees: Diamond Path 12th from $54,602.00 to $20,000.00; Eagle Hills 2nd Addition from $8,930.00 to $4,111.00; Eagle Ridge 2nd from $17,300.00 to $0; and Apple Ponds 1st Addition from $41,862.00 to $22,000.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-205 authorizing installation of stop signs on Farquar Drive at Birchwood Drive (Dominica Way) and on Birchwood Drive at Farquar Drive (Dominica Way). Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-206 finding that the work required in the contract with McNamara Contracting Co., Inc., for Project 89-321, Downtown Ring Route, is substantially complete and authorizing payment of the early completion incentive in the amount of $28,420.00. Ayes - 5 - Nays - O. REVISED BLACK DOG WMO JOINT POWERS AGREEMENT RES. 1990-203 TAKE BIDS TWO SNOWBLOWERS RES. 1990-204 TAKE BIDS ROTARY SNOWBLOWER CHANGE ORDER 2 PROJ. 90-348 FINAL PAYMENT PROJ. 90-348 SUBDIVISION BOND REDUCTIONS RES. 1990-205 STOP SIGNS RES. 1990-206 RING ROUTE COMPLETION PROJ. 89-321 CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1990 Page 3 MOTION: of Holton, seconded by Humphrey, approving the General Release for settlement of the storm damage claim of McNamara Contracting Co., Inc., with payment by CNA Insurance of $30,000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. McNAMARA STORM DAMAGE CLAIM SETTLEMENT FIREFIGHTERS DISABILITY INSURANCE RENEW 1991 GROUP HEALTH INSURANCE & CONTRIBUTION RECLASSIFY EQUIP. MAINTNCE SUPERINTENDENT EXTEND ANDERSON PA_RENTAL LEAVE TRF. WOLFE CLERK-TYPIST HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Humphrey, approving renewal of Firefighters Disability Insurance, effective November 1, 1990, with Hartford, at an annual premium of $663.75, and with Volunteer Firefighter Benefit Association, at an annual premium of $192.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving 1991 employee group health insurance through the LOGIS Insurance Group, as described in DCA's letter dated September 17, 1990, and setting the City's contribution toward health, dental and life insurance at $240.00 per month, per eligible employee. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving reclassification of the Fleet Maintenance Supervisor position from pay level 9 to pay level 10 and retitling the position as Equipment Maintenance Superintendent as recommended by the Personnel Director. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving extension of the non-paid parental leave of absence for Beverly Anderson until January 30, 1991. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving transfer of Linda Wolfe from the position of Dispatcher to Police Clerk-Typist effective December 1, 1990, at an annual.wage of $24,250.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hamphrey,.approving hiring the part- time and seasonal employees as per the Personnel Director's memo dated October 25, 1990. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning introduced Beverly Miller, Executive Director of the MVTA STATUS Minnesota Valley Transit Authority (MVTA), who began her position in REPORT August. Ms. Miller updated the Council on the MVTA's activities to provide transit service for the six cities involved. Contracts have been awarded to two providers, the MTC and Airport Express, who will begin January 2, 1991, with replacement of existing bus service. The MVTA's office will move to the Commons II building at the end of November. Among the issues facing the MVTA are improving park and ride lots and transportation between cities. There will be no change in bus routes for at least the first quarter of 1991. Ms. Miller is presently the MVTA's only staff person. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1990 Page 4 Mayor Branning called the public hearing to order at 8:21 p.m. on PUBLIC HEARING 1990 Special Assessment Rolls No. 271 through 291 and No. 292 and 1990 SPECIAL noted receipt of the affidavit of publication of the hearing notices. ASSESSMENTS City Clerk Mueller reviewed recommended corrections to the assessments as listed in her memo dated October 22, 1990. Prepayments on Assessment Roll 292, delinquent utility bills, have been received and the total should now be reduced to $785.50. In addition, it is suggested that Rolls 278 and 279, for Guild Avenue/Timberwick 9th assessments, not be levied at this time. The property owner, Domestic Development, submitted a letter today, dated October 25, 1990, requesting corrections which were not able to be addressed in time for the hearing. Other corrections recommended are a reduction in Rolls No. 280 and 281, Knottywoods streets, reducing the assessment to $2,857 per lot as estimated in the preliminary engineering report on the project. Mr. Ballenger reviewed the costs of the combined project which included 134th Street, Guild Avenue ahd Georgia Drive. The Mayor asked for questions from the public. Donna Solomonson, 7388 West 132nd Street, and Wilton Anderson, 5441 West 134th Street, were present and asked for clarification on the deferment. Mr. Ballenger advised that the assessments will be levied, but payment and interest deferred for up to 15 years. In Mrs. Solomonson's case, the deferment would be 15 years unless the property was subdivided or connected to sewer or water. The assessments on the two of Mr. Anderson's undeveloped lots would also be deferred. The Clerk reviewed assessments for the Farquar Lake area, $14,880 per lot, and White Oak Ridge, $15,800 per lot, with the utility portion deferred for up to 15 years unless the lots connect to sewer or water. If lots in these areas are divided or are built on in the future, they will be subject to the same per lot assessment unless additional construction is involved. Lots 3, 4 and 8 in White Oak Ridge were previously connected to water. Lots 4 and 8 were assessed for water in 1976, however Lot 3 was missed. Because the error on Lot 3 occurred so long ago and there is now a different property owner, it is recommended the $4,140 for water not be assessed to Lot 3. Past Council policy has been that when property connects to either sewer or water the utility assessment is no longer deferred. These three lot owners, Lynn Johnson, James Hurlburt and Diane Clowe, were present and submitted letters asking that because their properties previously connected to water from a different project, their sanitary sewer assessments be deferred. It was noted that letters of objection were also received from Ann Feiner, Kayla Slavik, David Ferguson and Wirsbo Company. The Mayor asked for any further questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:48 p.m. AMEND WHITE OAK UTILITY MOTION: of Holton, seconded by Goodwin, deferring sanitary sewer utility assessments on Lots 3, 4 and 8, White Oak Ridge, Roll No. 288, for up to 15 years unless a lot connects to sewer and removing $4,140 for the water assessment on Lot 3. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1990 Page 5 Mayor Branning asked for clarification on the Council's ability to defer assessments and if forgiving a missed assessment would set a precedent. Mr. Sheldon said the Council has the ability to make the policy decision on deferring assessments. It is net uncommon for part of an assessment to be forgiven. If a situation arises in the future, it can be dealt with on a case by case basis. Mr. Melena noted that, financially, the City is able to accommodate the deferment. Vote was taken on the motion. Ayes - 5 - Nays - O. Mayor Branning asked if action on Assessment Rolls 278 and 279, for Guild Avenue/Timberwick 9th, should be taken? Mr. Sheldon recommended the Council proceed with levying the assessments as presented and making corrections, if necessary, at a future meeting. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 207 adopting 1990 Special Assessment Roils No. 271 through 291, originally totaling $3,704,942.00, with corrections of $151,513.00, for a revised total of $3,553,429.00. Ayes - 5 - Nays - O. RES. 1990-207 ASSESSMENT ROLLS 271 TO 291 RES. 1990-208 ASSESSMENT ROLL 292 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 208 adopting t990 Special Assessment Roll No. 292, Delinquent Utility Bills, originally totaling $1,083.46, with prepay- ments of $297.96, for a revised total of $785.50. Ayes - 5 - Nays - 0. Mr. Welsch reviewed the Planning Commission's report on a request SOUTHPORT CENTRE for sign variances at Southport Centre to allow three signs for SIGN VARIANCE Cole's Salon with one of the signs on the building endcap. The REOUEST Planning Commission recommended denial. He showed examples of other centers in the City where signs are not erected dn ends of buildings unless the space being occupied by the business abuts the end. Rather than dealing with this by variance, he reviewed possible amendments to the ordinance which would allow for signage on the endcaps, but still have a limit of two signs per business. If an endcap sign "bay" is not used by an occupant of that space, the landlord could approve the "bay" for another tenant's sign. Councilmember Humphrey questioned whether an ordinance amendment would be necessary if the landlord is required to make a determination on installation. He does not believe there is a problem with more than one sign on the end of a building. Bill McHale, of Ryan Construction, was present and explained the sign requirements they have placed Southport Centre for tenants. It includes allowing either the tenant of the end space or the second space to place signs on the building ends. Cole's Salon would meet his criteria and that is why the variance is requested. Mayor Branning said he would be more interested in a balanced appearance on the building and not object to two signs on the end. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1990 Page 6 MOTION: of Humphrey, seconded by Goodwin, accepting the sign policy amendment proposal, as presented by the Community Development Director, maintaining two signs per business, maximum, but allowing signage on building ends in conformance with landlord requirements. BUSINESS SIGN POLICY AMEN NT Councilmember Humphrey said the landlord's written policy should be filed with the City and that is what would be enforced for a particular shopping center. Counctlmember Holton said he would agree with up to three signs on an endcap as long as it presented a balanced appearance. Vote was taken on the amendment. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, granting a sign variance for Cole's Salon, on Lot 2, Block 1, Southport Centre, allowing two business signs with one sign on the building endcap in conformance with the previous policy amendment. Ayes - 5 - Nays - 0. COLE'S SALON SIGN VARIANQE Steve Mattson, of Juran & Moody, the City's financial consultant, was SALE OF EQUIP- present and reviewed their offer to purchase $480,000 General Obliga~ MENT CERTIFI¢ tion Equipment Certificates from the City at an average interest rate of 6.20 percent. The net effective rate is 6.70 percent. The Council reviewed information of other recent bond sales with comparative rates. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-209 providing for the issuance and sale of $480,000 General Obligation Equipment Certificates of 1990, to Juran & Moody, Inc., at a net rate of 6.70 percent, and levying a tax for payment thereof. Ayes - 5 - Nays - 0. RES. 1990-209 $480,000 G.O. EQUIP. CERT, CONST. PROJECT UPDATE Lon Aune presented a report on the status of construction projects in the City and distributed copies to the Council. The majority of street and utility projects should be completed by the first week in November. The second lift of bituminous on street projects will be completed next year. Mr. Melena reviewed a memo dated October 22, 1990, concerning vacan- PARK & REC. AND~ cies on the Park & Recreation Committee and Urban Affairs Committee. UAC VACANCIES Ann Wyllie, a member of the Park & Recreation Committee has moved creating a vacancy. Councilmember Goodwin said he will have a recommendation on an appointment in a couple of weeks. The Council reviewed Mr. Kelley's memo dated October 25, 1990, con- CDBG REVOLVING cerning program guidelines for a Small Business Revolving Loan Fund. LOAN PROGRAM Councilmember Goodwin said he is concerned about the criteria under GUIDELINES which an applicant demonstrates need for a loan since banks use dif- ferent standards to determine loans. He also expressed concern about the CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1990 Page 7 application process becoming a "but for" test to qualify. It was noted that there are Federal requirements with which the guidelines must comply and the Dakota County HRA will administer the program. The Apple Valley Economic Development Authority will have prereview of the applications. The Council discussed the availability of assistance in preparing financial plans from Dakota County Vo-Tech and suggested the word "accountant" be deleted from the Analysis paragraph on page 3 of the guidelines. MOTION: of Humphrey, seconded by Goodwin, approving the Small ADOPT RLF Business Revolving Loan Fund Program Guidelines as presented GUIDELINES except for deletion of the word "accountant" from the Analysis paragraph on page 3. Ayes - 5 - Nays - 0. Mr. Melena reviewed the need for enforcement of real estate sign REAL ESTATE restrictions in the downtown area now that new sidewalks and boule- SIGN PROHIBITION vard areas have been completed. The ordinance prohibits the signs, except on property that is for sale, but it has not been strictly enforced. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-210 directing enforcement of sign and nuisance regulations by City Staff pertaining to real estate signs within the Central Business District Ring Route and directing. removal of any such signs. RES. 1990-210 ENFORCE DOWNTOWN SIGN RESTRICTION AMEND MOTION LIBRARY OPEN HOUSE CLAIMS & BILLS MOTION: of Goodwin, seconded by Branning, amending the motion to include removal of garage sale signs in the enforcement directive. Ayes - 4 - Nays - 1 (Holton). Vote was taken on the motion as amended. Ayes 5 - Nays - 0. The Council received a reminder of the Galaxie Library open house on Sunday, October 28, 1990, from 1:00 to 4:00 p.m. MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, checks numbered 80139 through 80259 and 80271 through 80451, in the total amount of $2,595,484.11. Ayes - 5 - Nays MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 10:17 o'clock p.m.