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HomeMy WebLinkAbout11/13/1986CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 13th, 1986, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Asleson, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Community Development Director Gretz, Parks & Recreation Director Gurban, Planner Kelley, Assistant Adminis- trator Lawell, Planning Assistant McMonigal and Police Chief Rivers. Mayor Branning called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Goodwin seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA RES. 1986-233 SPECIAL ASSESS- MENT DIVISIONS CHANGE ORDER 4 CENTRAL GARAGE CHANGE ORDER 5 CENTRAL GARAGE SUBDIVISION BOND REDUCTIONS FINAL PAYMENT PROJ. 85-229 142ND STREET 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, adopting Resolution No. 1986- 233 approving special assessment divisions: 16715 - Valley Way Village 4th Condo Units; 16724 - Apple Valley Commons; 16731 - Nordic Woods 10th; 16739 ~ Galaxie Park 2nd; 16742 Grandview Manor; 16750 - Valley Way Village Condo Units~ and 16751 - Lot 3, Block 7, Apple Valley Commercial Addition. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 4 to the contract with Shaw Lundquist for the Central Main- tenance Facility in the amount of a $686.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 5 to the contract with Shaw Lundquist for the Central Main- tenance Facility in the additional amount o{ $640.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving reduction of financial guarantees for Pilot Knob Estates 4th from $30,000 to 0 and for Pilot Knob Estates 5th from $41,300 to $36,410. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 85-229, 142nd Street between Johnny Cake and Pilot Knob Roads, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $2,515.45. Ayes - 5 Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1986 Page 2 MOTION: of Holton, seconded by Goodwin, approving Change Order No. 3 to the contract with Gartzke Construction for Project 86-246, Grandview Manor Improvements, in the additional amount of $25,632.00. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with Richard Knutson, Inc., for Project 86- 245, 151st & Foliage Improvements, in the additional amount of $2,025.25. Ayes - 5 - Nays - 0~ MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 234 setting a public, hearing at 8:00 p.m. on December 11, 1986, to consider vacation of drainage and utility easements over Lots 1 and 9, Block 1, Sunshine Estates. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 235 setting a public hearing at 8:00 p.m. on December 11, 1986, to consider renewal of 1987 on-sale liquor licenses for Apple Bowl, Inc.; B.J.S., Inc.; Cedar Valley, Inc.; and Apple Valley American Legion Post 1776. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, amending the 1986 Personnel Plan by adding two fulltime Maintenance Worker positions, one in the Streets Department effective November 17, 1986, and one in the Utilities Department effectivs January 5, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring fulltime Maintenance Workers at salaries of $8.14 per hour as follows: Young Tae Kim effective November 4, 1986; Khris Krier Strehlow effective November 17, 1986; and Carol Blommel effective January 5, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the various parttime employees as listed in the City Administrator's memo dated October 25, 1986. Ayes - 5 Nays 0 END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of October 23rd, 1986, as written. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving the minutes of the special meeting of November 6th, 1986, as written. Ayes - 4 - Nays - 0 (Branning Abstained). Mayor Branning asked if anyone was present at this time to address the Council on any item not on this meeting's agenda. There was no one present to speak CHANGE ORDER 3 PROJ. 86-246 CHANGE ORDER 1 PROJ. 86-245 RES. 1986-234 SET VACATION HEARING RES, 1986-235 SET LIQUOR LIC. RENEWAL HEARING ADD POSITIONS TO PERSONNEL PLAN HIRE FULLTIME MAINTENANCE WKRS HIRE PARTTIME EMPLOYEES OCT. 23, 1986 MINUTES NOV. 6, 1986 MINUTES AUDIENCE DISCN. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1986 Page 3 Steve Mattson, of Juran & Moody, Inc., was present to review documents GARAGE REFINANCE related to refinancing $2,560,000 of certificates for the Central Main- tenance Facility. These certificates were issued with an average interest rate of 9.12 percent and refinancing $2,815,000 would result in an average interest rate of 7.09 percent. He reviewed the proposed transaction with the Council and distributed a summary of the data. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986- 236 approving refinancing $2,815,000 certificates of partici- pation for the Central Maintenance Facility with an average interest rate of 7.09 percent with Juran & Moody, Inc., and authorizing the Mayor and Clerk to sign the documents. RES. 1986-236 APPROVE GARAGE REFINANCING Mr. Asleson noted that regulations controlling the transaction will involve using the funds to purchase government securities. Should there be a default on these securities, the City could be faced with paying for the financing twice, but this would be an ex- tremely slim possibility. Mr. Sheldon concurred and agreed the transaction appears to be financially beneficial to the City. Vote was taken on the motion. Ayes - 5 - Nays - 0. Police Chief Rivers introduced Janet Wiggen of Minnesota AAA. Ms. AAA PEDESTRIAN Wiggen presented a pedestrian safety award to the City Council for SAFETY AWARD 1985. Chief Rivers noted this is the fifth consecutive award for the City. In 1980, there was a fatality and the City did not qualify. Prior to that the City had received the award for 11 years. VFW Post 1947 nominated Sgt. Thomas Lagace for the J. Edgar Hoover Gold Medal Award. He did not win the award, however, the Post is awarding a Certificate of Merit to him. Post Commander Roy Palm then read and presented the Certificate to Sgt. Lagace. LAGACE VFW CERTIFICATE Mayor Branning called the public hearing to order at 8:19 p.m. on PUBLIC HEARING Project 85-228, 132nd Street Improvements between Galaxie and Cedar 132ND STREET Avenues, and noted receipt of the affidavit of publication of the hear- ing notice. Mr. Gordon reviewed the preliminary engineering report for the improvements which would include sanitary sewer and storm sewer trunks to the area, but not sanitary sewer or water laterals. The street would be a 32-foot wide residential street and service stubs would be constructed under it. The Mayor asked for questions and comments from the Council and the public. (See details of questions and comments attached.) After everyone present had been given an opportunity to speak, the Mayor stated the hearing would be continued until 8:00 p.m. on November 25, 1986, at City Hall. He asked that Staff prepare information on the improvements including all utilities for that meeting. The hearing was then recessed at 9:19 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-237 approving the final plat and development agreement for Lac Lavon Shores 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES 1986-237 FINAL PLAT LAC LAVON 2ND CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1986 Page 4 Mr. Gretz reviewed the Planning Commission report on a petition for SPECIAL USE extension of a Special Use Permit to operate a contracting office and SIMON PROPERTY storage facilities on the Simon property at T.H. 77 and Galaxie Avenue. Mr. Sheldon said the Planning Commission had recommended denial and its reasons are stated in the report. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1986-238 approving extension of the Special Use Permit for Asphalt Contracting, Inc., as granted by Resolution No. 1984- 184, for another two years as requested in the letter dated October 21, 1986, from Patrick Farrell. RES. 1986-238 SPECIAL USE SIMON PROPERTY Mr. Farrell was present, representing Mr. Simon, the property owner, and said he would like to amend the request to allow the special use to continue until July 1, 1987. Mr. Simon will be marketing the property and has been waiting for Trunk Highway 77 to open which is now scheduled for November 27, 1986. Mr. Farrell said he would be willing to submit some type of contract or bond to assure compliance with the July 1, 1987, termination date. MOTION: of Holton, seconded by Branning, amending the above motion by extending the permit until June 1, 1987, subject to the property owner submitting a $10,000 bond, letter of credit or cash to the City to assure copliance. AMEND MOTION Mr. Sheldon said it should be understood the City would prefer a cash deposit or letter of credit for the guarantee. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, waiving the fee for use of the Redwood Park Building by the Apple Valley Hockey Associ- ation on November 7 and 8, 1986, as requested in its letter dated October 21, 1986. Ayes - 5 - Nays ~ 0. WAIVE REDWOOD FEE A.V.H.A. MTC PARKING LOT AGREEMENTS GUTENKAUF PARK COM. RESIGNATION MOTION: of Savanick, seconded by Holton approving agreements with the Metropolitan Transit Commission for reimbursement of snow plowing costs for park-and-ride parking lots at Galaxie Park and Cedar Knolls Park and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. The Council received and accepted, with regret, the resignation of Rita Gutenkauf from the Park Committee effective October 22, 1986. Mr. Gurban said there are no applications for appointment currently on file and notice of the vacancy will be publicized. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1986 Page 5 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-239 awarding the contract for 1986-87 snow removal and grading to Fischer Sand & Aggregate and the purchase of road materials to the various bidders as described in Mr. Ling's memo dated November 10, 1986. Ayes - 5 - Nays - 0. RES. 1986-239 AWARD SNOW PLOW & ROAD MATERIALS LMC 1987 POLICIES HIRE DOFFING POLICE DISPATCH Mr. Asleson said the League of Minnesota Cities meeting to adopt 1987 policies will be November 20, 1986, and he asked if there were any concerns to be addressed. There were no comments on the policies. MOTION: of Sayanick, seconded by Goodwin, approving hiring Babetta Doffing for the halftime position of Police Dispatcher effective November 17, 1986, at an hourly rate of $8.126. Ayes - 5 - Nays - 0. The Council received a letter dated November 10, 1986, from County COUNTY GOVERNMT Administrator Fred Joy advising that a public hearing will be held PUBLIC HEARING November 24, 1986, at 7:30 p.m. at the Dakota County Vo-tech concern- ing County administrative office facilities. The Council noted that as many members as possible would be attending. Mr. Asleson distributed a draft of an agreement amending the "Contract PR DEVELOPMENT for Private Development" dated July 30, 1986, with PR Development for AGREEMENT Commons II. He said the original agreement authorizes funds from the AMENDMENT tax increment financing to be drawn on when a construction loan is ap- proved. This amendment was requested by the developer to provide access to the funds now. The language of the agreement was read to Jim Of Meara today and would be ac- ceptable to him. The amendment provides that the City would hold the deed on the property until loan funds are available. There is a potential that the City would end up with the property if the loan does not close. Item 9.a, title insurance, may not be acceptable to the title company and if that is the case, a special meeting to consider some alternate language may be necessary. Councilmember Humphrey suggested revised language for item 9.b, insurance provisions with the City as an additional named insured. Mr. Sheldon agreed with the revised language and said he had reviewed the agreement and believes it is acceptable. MOTION: of Humphrey, seconded by Holton, approving the agreement amending the "Contract for Private Development" dated July 30, 1986, with PR Development, adding the wording in item 9.6 "because of construction, acquisition or ownership interest in the subject property", and authorizing the Mayor and Clerk to sign the same subject to receipt of the letter described in item 7. APPROVE AMEND- MENT TO PR AGREEMENT Councilmember Savanick asked how long the City could hold the deed before the tax status of the property would be affected? Mr. Asleson said this would have to be reviewed, but if transfer from the City is made by January 1st it would not be affected. Mayor Branning questioned whether the City holding the deed would cause problems for the loan closing? Mr. Sheldon said a transfer and closing would be anticipated to occur simul- taneously and should not be a problem. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1986 Page 6 Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31125 and 51669 through 51795, in the total amount of $922,743.82. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Holton, to adjourn. Ayes ~ 5 - Nays - 0. The meeting was adjourned at 10:30 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1986 Page 7 Detail of public hearing questions and comments on Project 85-228, 132nd Street Improvements between Galaxie and Cedar Avenues. Councilmember Savanick asked about the direction of the sanitary sewer flow? Mr. Gordon said the hill near the center of the area would divide the flow east and west. Council- member Holton asked why the hill was not being removed? Mr. Gordon said it meets the design criteria for a 30 m.p.h, street and does not cause sight problems. The hill at 132nd and Galaxie would be removed. Howard Groves, representing residents in the area, questioned property proposed to be assessed for storm sewer. Mr. Gordon reviewed drainage of property in the area and said not all of it would drain into the storm sewer being constructed with this project, but all of it will eventually drain into the system. Jerry Roberts asked why his property would be included with this project when utilities for it would come from the south. He may develop his property in a year or two and it could be assessed then. Steve Wachter asked what property the sanitary sewer will affect? Mr. Gordon said the property on the western slope of the hill on 132nd Street would have trunk available, but unless laterals are constructed they would not have direct connection. Mark Bubbers asked if sewer would be available to his property? Mr. Gordon said it would be a short distance away, but laterals could be extended. Bill Coady said he had asked for all necessary improvements to develop his property and would like that issue addressed. Mayor Branning said Staff was requested to provide preliminary information and if, as a result of the hearing, additional information is required, Staff will be directed to prepare it. Mr. Asleson said an informational meeting was held with property owners last night and they were given copies of a pro forms assessment roll. Examples of assessments at 8 percent interest spread over 10 years were reviewed. Costs for water and sanitary sewer laterals were not included, but are estimated at $30.00 per foot. Mr. Asfeson said the policy is that all property in the City be assessed on a per acre basis for trunk im- provements and this is only assessed once. Property in this area is already draining into the storm sewer system and is the reason for assessing storm sewer trunk at this time. For clarification, he asked Mr. Coady if his position is that unless lateral utilities are included he would not want any improvements? Mr. Coady said yes. Councilmember Savanick asked how thc Livingston property would be handled because it has no frontage on 132nd Street? Mr. Gordon said it would not be assessed for the street, only utilities. Mayor Branning said before the Council proceeds with a decision, it will need another preliminary engineering report covering the full project with lateral utilities. Howard Groves presented a petition to the Council signed by residents objecting to the proposed improvements. He said property on the south side of 132nd Street does not want or need utilities and the project would only benefit property on the north side propos- ing to be developed. Mr. Groves then asked signers of the petition to comment. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1986 Page g Stovo Wachtor said his assossmonts would be $6,000 to $7,000 and he has only his home site and no land to develop. Donna Solomonson said hot husband recently died and she could not pay assessments on the eight acres of land she owns. Jewel Tazelaar said hor husband recontly died and sho could not pay assessments on her property. Hank Myers said his assessment would amount to a $6,000 payment the first year and he could not pay-it. Debbie Myers and Jim Slavik each said they only own their home sites and have no land to develop. Ann Foiner said she is retired and has paid for her property, but would not be able to pay assessments now. Jerry Livingston said he would not be able to afford the assessments. Mayor Branning said a decision on the project is going to have to be made this year or next year. The Council has not stopped development in tho past and the policy has been that every resident pays a share of the road, water and sewer systems. Councilmember Savanick said the property fronting on Cedar Avenue did not pay for its street and nover will. Mayor Branning said thoro are a few exceptions and this is one. Tho street was installed by the State and was not a decision for the City to make. Steve Wachtor said he has paid for his own well and septic system and does not need City utilities. The Mayor said the system is sized to accommodate all property in the City and it would be available should his property need it. Bill Coady said the storm sewer trunk is neoded by the City regardless of-what other improvements are made. Of the total project, 46 percent is trunk storm sewer which everyone would pay and would not see a visible benefit. If the street is improved, thero will be a bonefit they can see and the street and storm sewer would be 60 to 70 percent of the total improvements needed to develop their property. The people who petitioned for the improvements are not in any better position to pay for them, but believe it is time to develop their property. Valerie' Myors questioned the policy of paying for improvements when thoy are only needed for development. Mr. Asleson said only property benefitting pays for improvements and when utilities are extended through an area, it receives benefit. Mayor Branning said the hearing would be continued until November 25, 1986, and Staff is requested to include data on complete utility improvoments for that meeting.