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HomeMy WebLinkAbout10/25/1984CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1984 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 25th, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton and Savanick; Clerk Asleson. ABSENT: Councilmember Humphrey. 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 Holton, seconded by Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Holton, seconded by Goodwin, adding receipt of a letter from Representative Frenzel and hiring employees to the consent agenda and approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, receiving a letter dated October 12, 1984, from Representative Frenzel concerning Federal legislation of interest to cities. Ayes - 4 - Nays - 0. FEDERAL LEGIS. FRENZEL LETTER HIRE STREET I EMPLOYEES WENSMANN BOND REDUCTIONS MOTION: of Holton, seconded by Goodwin, approving hiring Todd Kitzman and John Gifford as Streets Maintenance I employees effective October 29, 1984, at salaries of $7.76 per hour per the AFSCME Labor Agreement. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving reductions in subdivi- son guarantees by Wensmann Homes for Diamond Path 5th Addition from $41,000 to $8,000 and release of $1,100; Pilot Knob Estates from $33,200 to $13,000; and Pilot Knob Estates 3rd Addition from $19,000 to $7,500. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- RES. 1984-181 181 approving specifications for contract snow removal and road SNOW PLOW BIDS materials for 1984-85 and authorizing advertisement for bids to be received at 2:00 p.m. on November 8, 1984. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employees as listed in the memo from the City Administrator dated October 18, 1984. Ayes - 4 - Nays - 0. HIRE PARTTIME EMPLOYEES OCT. 11, 1984 & OCT. 19, 1984 MINUTES END OF CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of October llth, 1984, and the special meeting of October 19th, 1984, as written. Ayes - 4 - Nays - 0. Archie Berg, of Valley Sertoma Club, was present to make a donation of a Telecommuni- cation Device for the Deaf (TDD) to the City. It will be used for voter information and communicating other information by telephone to deaf individuals who also have such devices. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1984 Page 2 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1984- accepting the donation of a Telecommunications Device for the Deaf (TDD) to the City from Valley Sertoma Club. Ayes - 4 - Nays - 0. RES. 1984-182 SERTOMA TDD DONATION Mayor Branning called the public hearing to order at 8:11 p.m. on pro- PUBLIC HEARING posed Special Assessment Rolls No. 199 to 203 and noted receipt of the ASSMT. 199-203 affidavit of publication of the hearing notice. Mr. Asleson reviewed the assessment rolls with the Council and said Roll 200 should be decreased by the amount of $16,466 to correct an allowance for credit of right-of-way for future County Road 28 on parcel number 01-01300-010-50. The total of the special assess- ment rolls is then $2,980,226.00. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:14 p.m. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1984- 183 approving and adopting 1984 special assessment rolls num- bered 199 through 203 in the total amount of $2,980,226.00. Ayes - 4 - Nays - 0. RES. 1984-183 ADOPT ASSMTS. 199 to 203 Bill Peterson, of the Dakota County Assessorts Office, was present and reviewed proposed tax abatements with the Council. MOTION: of Goodwin, seconded by Holton, approving tax abatements for parcels numbered 01-31006-160-03, 01-01600-012-02 and 01-31005- 100-08 as recommended by the Dakota County Assessor. Ayes - 4 - Nays - 0. TAX ABATEMENTS Consideration of items related to a proposed Tom Thumb Store was tabled at the re- quest of the petitioner. Mr. Gretz reviewed the Planning Commission's report dated October 18, 1984, on a storage building at Apple Valley High School. MOTION: of Goodwin, seconded by Savanick, authorizing issuance of a building permit for a storage building at Apple Valley High School as recommended by the Planning Commission. Ayes - 4 - Nays - 0. A.V.H.S. STORAGE BLDG. Mr. Gretz reviewed the Planning Commission's report dated October 18, 1984, on a special use permit for Asphalt Contracting, Inc. on the Simon property. He said the request is for storage and office uses, but they also have repair equipment and if repairs are being done, different building code restrictions will apply. MOTION: of Holton, seconded by Goodwin, approving a special use permit for Asphalt Contracting, Inc., on the James Simon property, for office and storage use until T.H. #77 is complete and open to traffic subject to interior storage of vehicles and annual review by the Planning Commission and City Council, as recom- mended by the Planning Commission, and subject to building remodeling conforming to the building code. ASPHALT CONT. SPECIAL USE PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1984 Page 3 A representative of Asphalt Contracting was present and said the repair items they have are for use at job sites and will not be doing repairs in the building. Mr. Gretz said building code standards for a repair garage would apply if combustible materials are stored there. Councilmember Savanick asked why the use was being tied to the opening of T.H. #77? Mr. Gretz said Mr. Simon does not believe the property is marketable until the road is completed and this would be an interim use. Pat Farrell, Attorney for Mr. Simon, was present and said Mr. Simon's operations were moved because of the intent by Mn/DOT to build the road and he would like to generate some income from the property until it can be sold. Impact on the surrounding area would be minimal because equip- ment leaves in the morning and returns at night and they would be willing to accept approval for one year with review at that time. Councilmember Goodwin said it appears the company has equipment which if used in the building would require stricter building code standards, but if just stored there would not. Mr. Gretz said if they have an office area, it would have to have fire wall separation and restroom facilities. Mr. Farrell said they understand this and would have to make a decision whether to go ahead with their plans if approval is given. Councilmember Savanick said she is concerned about allowing a commercial business in a residential area. Councilmember Goodwin said these requests should be handled on a case by case basis. The barn is an existing building and road construction will be going on in the area for the next two years so this use should not be a problem. The Council agreed to the following substitute motion: MOTION: adopting Resolution No. 1984-184 granting a special use permit to Asphalt Contracting, Inc., on the James Simon property for inside storage of vehicles and equipment and office space until Septem- ber 30, 1985, subject to termination after that date upon 30 days notice from the City; no equipment repairs; automatic termination upon opening of T.H. #77; and compliance with laws and ordinances including the Minnesota Building Code. Ayes - 3 - Nays - 1 (Savanick). RES. 1984-184 ASPHALT CONTR. SPECIAL USE PERMIT The Council received copies of Dakota County Board Resolution No. 84-597 supporting completion of Interstates 35E and 494. Competition for interstate funding is caus- ing Minneapolis to attempt to persuade the Governor to shift funding to construct parking ramps for the 1-394 project. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1984- 185 supporting completion of Interstates 35E and 494 and encour- aging the Governor to resist efforts to shift funding away from these interstate highways. Ayes - 4 - Nays - 0. RES. 1984-185 1-35E & 1-494 FUNDING Mr. Asleson said recent discussions with Mr. Grosz and Mr. Broderson on the Apple Valley Commons project indicate they will not be able to close on the bond sale by the end of the year and will be withdrawing their application. They are still com- mitted to the project, but will not be able to complete the details in 1984. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 1984 Page 4 Mr. Asleson said he would request authorization to allow another city to use Apple Valley's entitlement for IDB financing in 1984 and the portion obtained from Rochester. If this is not possible, a refund of the deposit will be requested by the end of the month. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1984- 186 approving a joint powers agreement with any other city in Minnesota for use of Apple Valley's and Rochester's industrial development bond financing allocation in 1984 and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. RES. 1984-186 J.P AGREEMENT FOR IDB ENTI- TLEMENT USE CHATEAU 5TH HARWELL PATH ALIGNMENT MET. COUNCIL CONTACT PERSON CLAIMS & BILLS Councilmember Savanick said she reviewed the curve in Harwell Path in Chateau Estates 5th Addition and believes it should be modified. Councilmember Holton said he also reviewed it and does not believe it requires a change. The Council agreed no action should be taken. Mayor Branning said he received correspondence from the Metropolitan Council requesting designation of a key contact person in the City for receiving correspondence. The Council agreed Mr. Asleson should be designated as this person. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31073, 39961, ~39962 and 39964 through 40080, in the total amount of $7,193,959.54. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Savanick, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:05 o'clock p~m.