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HomeMy WebLinkAbout02/23/1984CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1984 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 23rd, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Councilmembers Branning, Holton, Humphrey and Savanick; Clerk Asleson. ABSENT: None. Acting Mayor Holton 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 Humphrey, seconded by Branning, approving the agenda for to- APPROVE AGENDA night's meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA SKATING RINK SIGNAGE SPECIAL USE PERMIT FOR CENTRAL TEL. PRELIM. REPORT SUNSHINE ESTATES IMPR. HIRE PARTTIME EMPLOYEE AUDIENCE DISCN. CONSENT. AGENDA ITEMS MOTION: of Branning, seconded by Humphrey, authorizing the expenditure of up to $150 of Park Dedication funds to produce and install skating rink signage in Heritage, Faith, Pennock, Apple Valley East, Farquhar and Tintah Parks as recommended by the Park Committee. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Humphrey, approving renewal of a spec- ial use permit for Central Telephone on Lots 10 and 11, Block 3, Bob's Garden View Third Addition, to allow placement of a tele- phone switching trailer until September 1985 as recommended by the Planning Connnission. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Humphrey, directing the Engineer to prepare a preliminary report for installation of public improve- ments in the project known as Sunshine Estates. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Humphrey, approving hiring Jane Engel as a Building Attendant effective March 3, 1983, at a salary of $3.50 per hour. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS Acting Mayor Holton asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. Acting Mayor Holton called the public hearing to order at 8:04 p.m. to PUBLIC HEARING consider construction of a connection between the water systems of the PROJECT 76-9 Cities of Rosemount and Apple Valley, known as Project 76-9, and noted ROSEMOUNT/A.V. receipt of the affidavit of publication of the hearing notice. Keith WATER CONNECTN. Gordon reviewed the preliminary engineering report dated December 27, 1983, and said in addition to connecting the two Cities water systems, the project would connect Diamond Path Elementary School and the School District Office to Apple Valley's water system. A meter would be installed at the Cities' connection to re- cord usage by either City. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1984 Page 2 Mr. Asleson said the project would involve special assessments to the School District property of approximately $115,000. He will be meeting with School District offi- cials tomorrow to review it with them, and requested the hearing be held open for two weeks for their input. A joint powers agreement with the City of Rosemount is being prepared and the cost of the project to each City is estimated at $7,500. Acting Mayor Holton asked for questions or comments from the public. Joseph Walsh, Rosemount Councilmember and President of the Rosemount Utilities Commission, was present and said he is in favor of the project. There being no further comments, the hearing was continued until March 8, 1984. MOTION: of Humphrey, seconded by Branning, adopting Resolution No. 1984-24 receiving and accepting the resignation of Marlis Overgard as Mayor of the City effective February 13, 1984, and declaring the existence of a vacancy in the office of Mayor. Ayes - 4 - Nays - 0. RES. 1984-24 OVERGARD RE- SIGNATION AS MAYOR APPOINT BRANING MAYOR MOTION: of Holton, seconded by Savanick, appointing Willis E. Branning to the office of Mayor of Apple Valley for a term expiring December 31, 1984. Ayes - 4 - Nays - O. Mr. Asleson then administered the oath of office of Mayor to Mr. Branning and he took over as chair of the meeting. The Council received a memo dated February 17, 1984, from Jori Gurban con- TABLE PARK cerning the Park Committee vacancy. Councilmember Humphrey requested COM. VACANCY this be tabled until March 8, 1984, so he could contact the applicants. MOTION: of Holton, seconded by Humphrey, accepting the resignation of Marlene Romain from the Historical Committee effective January 20, 1984 ROMAIN HISTOR- ICAL COMMITTEE RESIGNATION Councilmember Holton asked if new volunteer appreciation certificates had been pre- pared yet? Mr. Gurban said he would have something for the Council to review at its next meeting. Vote was taken on the motion. Ayes - 4 - Nays - 0. John Gretz reviewed a report dated February 16, 1984, of the Planning APARTMENT BLDG. Commission's recommendation concerning a 238-unit apartment building for FOR ELDERLY the elderly. Harry Lemieux, of Apple Valley Health Care Center, was pre- sent and described his proposed building. It will have apartment units and various facilities for the elderly including a congregate dining room in which residents will be required to take one meal a day. Mr. Lemieux also said he would probably be com- ing back to the Council for additional tax exempt financing. There is funding for the first phase of the building, but he will probably need additional financing by about October of 1985. MOTION: of Holton, seconded by Savanick, authorizing issuance of a APARTMENT BLDG. building permit for Apple Valley Villa, based on plans dated PERMIT & November 3, 1983, including variances to allow a maximum height VARIANCES of 60 feet and a minimum parking ratio of 0.5 to 1. Building to be constructed of fire-resistive materials and equipped with CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1984 Page 3 a fire sprinkler system as recommended by the Planning Commis- sion. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1984- RES. 1984-25 25 setting a public hearing before the Planning Commission on LAND USE MAP March 14, 1984, at 8:00 p.m. for proposed revisions to the HEARING City's Land Use Guide Plan Map and related text of the Compre- hensive Plan. Ayes - 4 - Nays - 0. Mr. Gretz reviewed the requirements of the development agreement proposed THE OAKS OF for The Oaks of Apple Valley II subdivision. Councilmember Holton asked A.V. II if Harwell Path could be connected through the Eaton property, west of this subdivision, to the existing street? Mr. Gretz said it could not be done until the property develops because the City does not have the right-of-way. Mr. Eaton has indicated he will probably not be ready to develop the property until 1985. Councilmember Savanick asked if utilities would be connected through to the west? Mr. Gordon said when the Eaton property develops, the water main will be connected via Harwell Path, but it would not be necessary to connect sanitary sewer through that street. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1984- 26 approving the final plat and subdivision agreement for The Oaks of Apple Valley II and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Mr. Gordon reviewed the preliminary engineering report for Project 83-14, The Oaks of Apple Valley II public improvements, of which the Council re- ceived copies. It includes sanitary sewer, water, storm sewer, streets and sidewalk only on both sides of Harwell Path. RES. 1984-26 THE OAKS OF A.V. II PLAT & AGREEMENT PROJ. 83-14 PRELIM. REPORT Councilmember Savanick asked if the radar site has been accommodated in the plat? Mr. Gretz said the FAA has reviewed the plat and agreed with it. There were concerns about the elevation of the driveway acess, but it has been worked out with the developer. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1984- RES. 1984-27 27 accepting the petition for improvements by the property owner, WAIVE HEARING & waiving the public hearing and ordering installation of improve- ORDER PROJECT ments in The Oaks of Apple Valley II, Project 83-14. Ayes - 4 - 83-14 Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1984- 28 directing the Engineer to prepare plans and specifications for Project 83-14. Ayes - 4 - Nays - 0. RES. 1984-28 PLANS & SPECS. PROJ. 83-14 The Council received a memo dated February 15, 1984, from John Gretz explaining pro- posed reconstruction of the fence adjacent to the pond on 153rd Street. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1984- approving plans and specifications for Project 83-18, 153rd Street Pond Fence, and authorizing advertisement for bids to be received at 2:00 p.m. on March 22, 1984. Ayes - 4 - Nays - 0. RES. 1984-29 TAKE BIDS PROJ. 83-18 CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1984 Page 4 MOTION: of Holton, seconded by Humphrey, setting the 1984 Board of Review meeting at 7:00 p.m. on June 6, 1984, at City Hall. Ayes - 4 - Nays - 0. SET BOARD OF REVIEW MEETING AGREEMENT FOR GOLF COURSE BENCHES MOTION: of Holton, seconded by Humphrey, approving a lease agreement with Continental Adbench to provide benches at Valleywood Golf Course for three years with the City receiving percentages of the gross revenue for advertising and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. Consideration of awarding a contract for Farquhar Park Restroom Facility was tabled until March 8, 1984. MOTION: of Holton, seconded by Humphrey, approving an agreement with AGREEMENT TO Dakota County to provide temporary work relief projects for un- IMPLEMENT employed residents of Dakota County pursuant to the Minnesota MEED ACT Emergency Employment Development (MEED) Act through October 1, 1984, and authorizing the Mayor and Clerk to sign the same. John Tobias was present and asked who would be responsible for providing workers' compensation insurance for the employees? Mr. Asleson said paragraph 5.C specifies the Employment Administrator, which is Dakota County, will provide it. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, approving hiring Susan Fritz HIRE FRITZ & and Marion Falkenhagen as permanent parttime Accounting Clerks FALKENHAGEN in the Finance Department and Liquor Operations, respectively, ACCT. CLERKS effective February 27, 1984, at starting salaries of $5.95 per hour. Ayes - 4 - Nays - 0. John Gretz reviewed a partial cancellation of option for easement on property loca- ted between Cedar and Pennock Avenues, north of 140th Street. Now that the roads are construction, two of the options are no longer necessary. MOTION: of Holton, seconded by Humphrey, approving Partial Cancella- CANCEL OPTION tion of Option for Easement, as shown on Exhibit A, said op- FOR EASEMENT tions recorded as Document No. 539548 on property known as ARDOYNO/BYERS Ardoyno/Byers property for street purposes, and authorizing the Mayor and Clerk to sign the same. Councilmember Holton said this would retain easement number 1 and asked if it was necessary? Mr. Gretz said it should be retained at this time. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mayor Branning offered his resignation from the position of Councilmember due to his appointment as Mayor. MOTION: of Holton, seconded by Savanick, accepting the resignation of Willis Branning as Couneilmember for a term which will expire December 31, 1984, and declaring a vacancy in the office. Ayes - 4 - Nays - 0. BRANNING COUNCIL RESIGNATION CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1984 Page 5 MOTION: of Holton, seconded by Humphrey, accepting applications for ap- APPLICANTS pointment to the City Council until 8:00 p.m. on March 8, 1984, FOR COUNCIL and requesting the press to publicize notice of this. Councilmember Savanick said any applicants for the Council appointment in 1983 should also advise if they are still interested. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 31025, 31026, 36329 through 36418, 36427 through 36471 and 36473 through 36537, in the total amount of $1,863,871.69. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Holton, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:20 o'clock p.m.