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HomeMy WebLinkAbout02/02/1989CITY OF APPLE VALLEY Dakota County, Minnesota February 2, 1989 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 2nd, 1989, at 8:00 oclock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Gouncilmembers Goodwin, Holton and Savanick. ABSENT: Councilmember Humphrey. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Park & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Building Official Miranowski, Planning Intern Plummet, Police Chief Rivers and Planning & 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. MOTION: of Holton, seconded by Savanick, approving the agenda for tonightts meeting as amended. Ayes - 4 - Nays - O. APPROVE AGENDA JAN. 12, 1989 MINUTES AUDIENCE DISCN. CONSENT AGENDA RES. 1989-15 PURCHASE STREET SWEEPER RES. 1989-16 NO PARKING ON CEDAR AVENUE RES. 1989-17 SET HEARING PROJ. 88-313 MOTION: of Savanick, seconded by Goodwin, approving the minutes of the regular meeting of January 12th, 1989, as written. Ayes - 3 - Nays - 0 (Branning Abstained). Mayor Branning asked if any one was present to address the Council at this time on any item not on this meetings agenda. There was no one present to speak. MOTION: of Holton, seconded by Savanick, removing purchase of household recycling containers to the regular agenda and approving all remaining items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-15 awarding the purchase of a Diesel Engine Street Sweeper to MacQueen Equipment, Inc., the low bidder for a remanufactured unit, in the amount of $59,168.00. Ayes - 4 - Nays ~ O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-16 prohibiting parking on Cedar Avenue from the south City limits to a point 883 feet north of 157th Street in accordance with State Aid Standards. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-17 receiving the preliminary engineering report on Project 88-313, Rolling Ridge Utility and Street Improve- ments, and setting a public hearing on it at 8:00 p.m. on February 23, 1989. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 2, 1989 Page 2 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-18 receiving the preliminary engineering report on Project 89-317, 134th Street Surfacing in Knottywoods Addition, and setting a public hearing on it at 8:00 p.m. on February 23, 1989. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving classification of Lot 4, Block 1, Heritage Hills 7th Addition, as non-con- servation land, for sale as tax forfeited property, as certified by the Dakota County Board of Commissioners. Ayes - 4 - Nays - 0. RES. 1989-18 SET HEARING PROJ. 89-317 CLASSIFY TAX FORFEIT PROPERTY SET BOARD OF REVIEW MEETING BRA DOWNTOWN MODEL PROJECT PROPERTY TAX LEGISLATION J.P. AGREEMENT LANDFILL ABATE GRANT FUNDS CABLE TV FUND EXPENDITURE SUBDIVISION BOND REDUCTIONS JAYCEES BEER LICENSE MOTION: of Holton, seconded by Savanick, setting the annual City Board of Review meeting at 7:00 p.m. on Thursday, May 4, 1989, at Apple Valley Community Center, 14603 Hayes Road, in accordance with notice of the Dakota County Assessor. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, authorizing Bonestroo, Rosene, Andorlik & Associates to proceed with preparation of three models of the downtown area, at a total cost not to exceed $5,000.00, as detailed in the letter dated January 23, 1989, and referenced as Project 89-320. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving the position statement on property tax roform of the South Metro Network, to be presented to area legislators February 16, 1989. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving a Joint Powers Agreement with Dakota County for Landfill Abatement Grant Funds and authorizing the Mayor and Clerk to sign the same. Ayes ~ 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, authorizing expenditure of $20,600.00 from the Cable TV Fund for cable television equipment for Police use, as recommended by the Cable TV Advisory Committee on January 18, 1989. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Savanick, authorizing reduction of subdivision financial guarantees for: Summerfield 1st from $10,730 to zero; Summerfield 3rd from $96,750 to $76,700; Huntington 2nd from $231,875 to $51,875; Morningview 3rd from $60,0090 to $27,000; and Morningview 4th from $142,800 to $54,264. Ayes ~ 4 - Nays ~ 0. MOTION: of Holton, seconded by Savanick, approving a temporary on- sale 3.2 beer license for the Apple Valley Jaycees on February 11 and 12, 1989, at Apple Valley Community Center and Hayes Field. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 2, 1989 Page 3 MOTION: of Holton, seconded by Savanick, approving renewal of the licenses and permits for 1989 as shown on the listing dated January 30, 1989. Ayes - 4 - Nays - O. 1989 LICENSES & PERMITS HIRE PARTTIME EMPLOYEE MOTION: of Holton, seconded by Savanick, approving hiring the parttime employee listed in the Personnel Director's memo dated February 2, 1989. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Lawell showed a sample of the container which will be purchased HOUSEHOLD for the household recycling program. They will be distributed to RECYCLING all homes in the City. The program is scheduled to start by April 1st and the direction now being pursued is that garbage haulers will pick up recyclables at the same time refuse is collected. Jeff Weldon, of the Urban Affairs Committee, which has been meeting on this program, was also present. Mayor Branning commented on the need for as much advance publicity as possible on the program. He also said he has received a letter of resignation from Fred Merry of the Urban Affairs Committee. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-19 awarding the purchase of Household Recycling Containers to Buckhorn Material Handling, Inc., the low bidder, with a base bid of $63,250, and accepting all three options for a net bid of $68,778. Ayes - 4 - Nays - 0. RES. 1989-19 PURCHASE RECYC- LING CONTAINERS Mayor Branning called the public hearing to order at 8:18 p.m. on Pro- PUBLIC HEARING ject 89-315, Guild Avenue Extension to 140th Street, and noted receipt PROJ. 89-315 of the affidavit of publication of the hearing notice. Mr. Gordon GUILD AVENUE reviewed the preliminary engineering report on the project which would include utilities to avoid having to replace the street when development occurs. The property owner has asked to include installation of a cul de sac on the west side of the Street to complete the project. The estimated cost with the cul de sac would be $190,000. It is recommended assessments for the cost be deferred for five years or until the property is platted. The Mayor asked Frank Kleckner, representing the property owners, if the lot lines shown in the engineering report are where they would be platted? Mr. Kleckner said the project is premature for them to make a final decision, but he agrees the street should be installed for traffic reasons. Mr. Gordon said the project, as proposed, includes utilities and details on locations of the water and sewer stubs would have to determined before the plans are prepared. Mr. Kleckner said he would want some time to evaluate this, but is not opposed to installation of the street. There were no further questions or comments and the hearing was declared closed at 8:25 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota February 2, 1989 Page 4 MOTION: of Goodwin, seconded by Holton, ordering installation of Project 89-315, Guild Avenue Extension to 140th Street. Ayes - 3 - Nays - 0 (Branning Abstained). CONSIDER PROJ. 89-315 It was noted that a four-fifths vote for approval is required because this is not a property owner petitioned improvement project; motion failed. MOTION: of Goodwin, seconded by Savanick, tabling further consideration of Project 89-315 until February 23, 1989 Ayes - 3 - Nays - 0 (Holton Abstained). TABLE PROJ. 89-315 Mayor Branning called the public hearing to order at 8:29 p.m. on Pro- PUBLIC HEARING ject 89-316, Apple Valley Apartment Storm Sewer and Pathway, and noted PROJ. 89-316 receipt of the affidavit of publication of the hearing notice. Mr. A.V. APARTMENT Gordon reviewed the preliminary engineering report on the project lo- cated south of 140th Street and east of County Road 11. Mr. Melena said the property owner has advised the City that it will not accept the special assessments proposed for the storm water pond and pathway. Mr. Joseph Chrtstensen, representing H & Z Partners, said these items had been discussed with staff previously. They were proceeding with the understanding that they would not be charged for the pathway or storm sewer and he had written a letter, to the City, to that effect. In December, the pathway issue came up and they objected to it at that time. These are costs his client has not anticipated. They are willing to install the easterly pathway as part of asphalt work they will be doing for the parking lots. They will not install thc westerly pathway, but would allow the City to do so. Mr. Christensen distributed copies of a letter dated February 2, 1989, from Hedlund Engineering disputing the acreage of the site. He said the 8.77 acres used by the City in calculating trunk charges includes the portion actually in Lake Alimagnet. The area excluding the lake is 8.29 acres. They arc being asked to dedicate 3.35 acres for ponding and pathway easements which leaves a net area of 4.94 acres. The pond is for the benefit of the City's general storm water system. He suggested the developer install the eastern pathway and the City give credit for the value of the land being dedicated which would more than offset the assessment. Mr. Melena said, in the past, there have been occasions where credit has been given for land dedicated. However, it also reduces the number of dwelling units that can be placed on the site. Mayor Branning eaid the land value has already been taken into account with the density approved. If the acreage were reduced, it would reduce the number of units to approximately 60. Mr. Gordon said the ponding area is very low and questioned any other use for the area. Mr. Christensen said he is referring to dedicating an easement, not dedicating land. Such an easement prevents the land from being used for development. His clients made concessions on items in the approval process which they do not believe they are legally required to do. If they are allowed to install the path, instead of being assessed for it, and given credit for the reduced area on storm sewer charges, they would be in a position where the project would be financially feasible. CITY OF APPLE VALLEY Dakota County, Minnesota February 2, 1989 Page 5 Mr. Melena said the developer is really asking for a subsidy from the City to provide utilities. If it is denied, it would mean the project would have to be petitioned for again to resurrect it. Mr. Christensen said they are asking that the trunk storm sewer charges be credited and they install the path. He also said the pathway easement runs 40 feet inside the west property line and terminates at an angle in the lake. It appears not to cover an area along the lakeshore. They would be willing to accommodate a pathway if the City paid the cost of construction. Mr. Sheldon said this is a unique piece of property and there were ecological concerns relating to a pond on the property and the size of the pond. The requirement for a pathway easement was one of the plat approval requirements. Credit for excess pond dedication would have to relate to the value of the property and specifically this piece of property; not any multiple property. The value would probably be modest because it is low land. Mr. Christensen asked if it is possible to calculate the area charges on the net acreage of 4.94 acres? If there is a dispute, his client will go back and contest all of the conditions of the plat and building permit approval. Councilmember Holton asked if storm water charges have been credited in this manner previously? Mr. Gordon said no. Mayor Branning said rain falls on all of the land, whether it is under water er not, and there has to be capacity for it. Councilmember Holton asked if the developer would not proceed with the development if the project is ordered? Mr. Christensen said he does not know, but they have not signed the development yet because of it and other increasing costs. They wore required to stub lines for laundry facilities in each unit and the Waste Control Commission is requiring payment of SAC charges. They could attempt to litigate the entire process and he has written a lengthy opinion to the City to this effect. Councilmember Goodwin said he thought there was an understanding when the plat and building permits were approved and now they are coming back and saying there are some misunderstandings. Mr. Christensen said there was a letter written to Staff in December as to how this would be handled. They objected to the path at the meeting in December. They had asked about the cost of the pond and were told that information would be provided later. There being no further questions or comments the hearing was declared closed at 9:05 p.m. Mayor Branning said, on the basis of Mr. Christensens presentation, he would recommend referring this back to Staff to evaluate the information presented. It should be brought back te the Council with a recommendation in the next 30 days. Mr. Christensen asked if it could be brought back earlier? Mr. Melena said if the data can be obtained it could be. MOTION: of Savanick, seconded by Goodwin, tabling consideration of Project 89-316, Apple Valley Apartments Storm Sewer and Pathway, for 30 days. Ayes - 4 - Nays - 0. TABLE A.V. APARTMENTS PROJ. 89-316 CITY OF APPLE VALLEY Dakota County, Minnesota February 2, 1989 Page 6 Mr. Johnson reviewed his memo dated January 30, 1989, concerning PARK DEDICATION guideline for expenditure of Park Dedication Funds. It recommended EXPENDITURES maintaining a balance of $250,000. The current balance is $408,000. Mr. Melena said this year's expenditure request is approximately $70,000. As an option, the balance could be allowed to increase to $500,000, which should be reached by the end of the year. It could then provide approximately $50,000 of interest earnings for ongoing annual expenditures. This year's needs could be paid by the capital improvement fund. Mayor Branning said the guidelines do not state the funds would be used for equipment repair or replacement. Mr. Johnson said the intent is new or replacement park equipment, not vehicles. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1989-20 establishing Park Dedication Fund expenditure guidelines as contained in the Park Director's memo dated January 30, 1989; except removing the word "new" in item 2 of typical expenditures; and setting a base fund balance of $500,000, subject to annual review. Ayes - 4 - Nays - O. MOTION: of Savanick, seconded by Goodwin, directing Staff to prepare a list of 1989 park capital needs expenditures for consideration February 9, 1989. Ayes - 4 - Nays - O. RES. 1989-20 SET GUIDELINES PARK FUND EXPENDITURES 1989 PARK NEEDS REOUEST Mr. Melena reviewed a layout for a proposed parking lot on the north HIGH SCHOOL end of the High School property estimated to cost $60,000 to $70,000. PARKING LOT He asked for authorization to have plans and specifications prepared for it. Construction would be subject to negotiation of an agreement with the School District covering maintenance, etc., and including items contained in the Park Director's memo dated January 23, 1989. The City would fund construction of the parking lot in return for an agreement. Mayor Branning asked if City residents have use of the High School fields? Mr. Johnson said during school, the High School has exclusive use of the fields. On weekends and in summer, VAA uses the fields. Five or six times a year tournaments are held where non- resident teams are involved. Councilmember Goodwin said he thought this was going to be done on a cost sharing basis'. The School should pay part of the cost of the parking lot since both the School and the City have a problem. Mayor Branning said he believes the cost should be shared. Councilmember Savanick said the policy and procedures outlined in the memo are good and should be implemented whether or not a parking lot is constructed. The cost of the parking lot should be shared. The School should also be providing drinking water and access to buildings or restrooms when the fields are being used by large groups. MOTION: of Holton, seconded by Savanick, tabling consideration of TABLE constructing a parking lot at the High School. Ayes - 3 - PARKING LOT Nays - 0 (Branning Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota February 2, 1989 Page 7 Mayor Branning asked to have a meeting arranged with someone from the School District in a position to financially resolve this issue; the Superintendent and/or a Board Member. He and another Councilmember would be involved in the meeting. CITY/SCHOOL MEETING Mr. Melena distributed copies of a letter from the Minnesota Depart- PENNOCK AVENUE ment of Transportation dated January 19, 1989, concerning speed limit SPEED LIMITS designations on Pennock Avenue between County Road 42 and County Road 38. No changes from the existing speed limits were authorized and there is no action necessary by the Council. The Council received a request from Councilmember Humphrey to cancel DISCUSS MEETING the February 9th meeting and reschedule it for February 16, 1989. SCHEDULE The Council noted that at least three members would be present February 9th and public hearings were already scheduled. No action was taken on the request. The Council asked that committee and commission appointments be 'sche- duled for the next regular meeting at which the full Council will be present; tentatively February 23, 1989. COMMITTEE/COM- MISSION APPOINT. CLAIMS & BILLS MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 65855 through 65980, 65989 through 66134 and 66145 through 66260, in the total amount of $11,136,045.83. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:02 o'clock p.m. The Council then continued with an informal meeting to discuss development issues concerning the Hillstrom & Bale project and the northeast corner of Cedar Avenue and County Road 42.