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HomeMy WebLinkAbout04/21/1983CITY OF APPLE VALLEY Dakota County, Minnesota April 21, 1983 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held ApriI 21, 1983 (rescheduled from April 14, 1983) at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Overgard; Councilmembers Branning, Holton, Humphrey and Savanick (attended at 7:42 p.m.); Clerk Asleson, ABSENT: None. Mayor Overgard called the meeting to order at 7:34 p.m. The Councilmembers and everyone in attendance took part.in the pledge of allegiance to the flag. MOTION: of Branning, seconded by Holton, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, removing hiring parttime employees CONSENT AGENDA to the regular agenda, deleting final acceptance of Project 81-14 (2) from the agenda and approving all remaining items on the consent agenda.. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, adopting Resolution No, 1983-48 opposing House File No. 343, the "Day Labor Bill". Ayes - 4 - Nays - 0. RES. 1983-48 OPPOSE H.F. 343 DAY LABOR MOTION: of Holton, seconded by Humphrey granting a setback variance for Lot 1, Block 1, Carrollwood Village 4th Addition, to allow construc- tion to within 20 feet of the lot line bordering Guthrie Avenue as recommended by the Planning Commission.. Ayes - 4 - Nays - 0. SETBACK VARIANCE LOT 1, BLK. 1, CARROLLWOOD 4TH MOTION: of Holton, seconded by Humphrey, approving the landscape plan for Diamond Path 11th Addition and granting the extension of the pre- liminary plat approval on it until September 28, 1983, as recom- mended by the Planning Commission. Ayes - 4 - Nays - 0. DIAMOND PATH 11TH LANDSCAPE & PRELIM. PLAT RES. 1983-49 CONTRACT AWARD PROJ. 83-7 RES. 1983-50 CONTRACT-AWARD PROJ. 83-5 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983-49 awarding the contract for Project 83-7, Forest Park 3rd Utilities and 140th Street Water Main, to Austin P. Keller Construction, the low bidder, in the amount of $215,827.50. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983-50 awarding the contract for Project 83-5, Deep Well No. 3 Pump Repair, to E.H. Renner & Sons, the low bidder, in the amount of $15,575.00. Ayes - 4 - Nays - 0. Final acceptance of Project 81-14(2) was deleted from the agenda because it was approved on December 29, 1982. MOTION: of Holton, seconded by Humphrey, approving the sale of the Forestry SALE & REPLACE- Clegg tree spade to the University of Minnesota for $4,800 and the MENT OF TREE purchase of a Rohor tree spade for $6,725 to replace it. Ayes - 4 SPADE - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 21, 1983 Page 2 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983- RES. 1983-51 51 amending Resolution No. 1981-63 by updating and revising the CIVIL DEFENSE City's Civil Defense Plan. Ayes - 4 - Nays - 0. PLAN AMENDMENTS MOTION: of Holton, seconded by Humphrey, authorizing the Mayor and City Clerk to execute a "Member Agreement-Depository" with Town & Country Charge for Master Charge and VISA credit card sales transactions at Valleywood Golf Course. Ayes - 4 - Nays - 0. GOLF COURSE CREDIT CARD SALES AGREEMENT RES. 1983-52 DISPOSE OF OLD FIRE PAGER SYSTEM MARCH 24, 1983 MINUTES MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983- 52 authorizing disposal of 100 Reach radio pagers and encoder no longer used by the Fire Department by giving them to the Ramsey County Emergency Communications Unit for use by its vol- unteers. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Holton, approving the minutes of the meeting of Marcy 24, 1983, as written. Ayes - 3 - Nays - 0 (Branning Abstained). Mayor Overgard asked if anyone was present to address the Council at this AUDIENCE DISCN. time on any item not on this agenda. There was no one. present to speak. Mr. Zumbrunnen, of Westinghouse Security Systems, Inc., was present to SWITZER WSSI make its "Officer of the Month" award of a $100 savings bond to Officer OFFICER OF THE Kent Switzer for his apprehension of an armed robbery suspect in February MONTH AWARD of 1983. This resulted in clearance of several other crimes and he was nominated for the award by Chief Rivers. Mayor Overgard called the public hearing to order at 7:40 o'clock p.m. on PUBLIC HEARING Project 83-3, East Trunk Sewer Diversion, and noted receipt of the affi- PROJ. 83-3 davit of publication of the hearing notice. Keith Gordon reviewed the CENTRAL TRUNK preliminary engineering report, dated February 7, 1983, describing con- DIVERSION struction of a portion of the central sanitary sewer trunk as well as a lift station and force main which would serve the central trunk service area north of County Road 42. This construction would delay the necessity for construc- tion of the central trunk for about 20 years. (Councilmember Savanick attended at this time. ) Mayor Overgard asked for comments from the public. Richard Winkler was present and said he is in favor of the project. There being no further comments, the hearing was closed at 7:47 p.m. Mayor Overgard asked for comments from the Council. Councilmember Holton asked Mr. Gordon to describe which portions Of the improvements would be temporary and which would be permanent and he did. Consideration of ordering the improvements will be done at the next meeting. The Council received a memo from John Gretz, dated March 29, 1983, re- garding the request for a street name change to Fraction Lane. He said he has since been contacted by one person asking whether the City would consider taking over this private street at some time in the future. STREET NAME CHANGE CITY OF APPLE VALLEY Dakota County, Minnesota April 21, 1983 Page 3 MOTION: of Holton, seconded by Savanick, appzoving a street name change DENY FRACTION from 120th Street to Fraction Lane in Beckman's First Addition. LANE NAME Ayes - 1 (Savanick) - Nays , 4. Motion Failed. The Council received a memo from Jon Gurban, dated April 6, 1983, regarding OLD TOWN the "Old Town Hall" building. Carlyle Mitchell and Marlene Romain, of the HALL BUILDING Historical Committee, were present and spoke in favor of stabilizing and restoring the building and keeping it in the City. Lynne Kline was present and spoke in favor of keeping the building, but had no opinion on where it should be located. Councilmember Holton asked Col. Mangin, of the U.S. Air Force Reserve, who was present, to comment on his offer to have his civil engineering squadron provide restoration ser- vices. Col. Mangin said his squadron would provide volunteer labor to restore and sta- bilize the building but not materials, cost of materials or moving the building. Councilmember Humphrey said he is not opposed to saving the building, but would like to see a comprehensive program on what use the building would be put to and how this will be accomplished before spending any money on it. Marlene Romain said they have proposed to use it as a museum. Barbara Linkert said the Committee also needs it as a place to store the various artifacts the members have ac- cumulated and are storing at their homes. Mayor Overgard asked Col. Mangin if his squadron could prepare plans and cost estimates on the building restoration for the Council to review? Col. Mangin said yes. Councilmember Branning said because this restoration would be so extensive it would re- sult in virtually a new building, he would prefer to put the money.into restoring the Scott school building which would not require quite so much restoration and has more historical significance to the City. Even after the restoration is done there will be ongoing costs for heating and maintaining it or it will deteriorate. MOTION: of Holton, seconded by Savanick, offering the "Old Town Hall" building to the Dakota City Pioneer Village, located at the Fair- grounds in Farmington, with the City's financial aid towards mov- ing it not to exceed $5,000 as described in Jon Gurban's memo, dated April 6, 1983. OFFER BUILDING TO DAKOTA CITY Marlene Romain referred to the Bicentennial Community Application of 1975 which included preservation of the building as a project. She also said donation of the Scott school building to the City may be contingent on retaining the Old Town Hall building in the City. The Council reviewed the Bicentennial Community Application which listed five activities proposed as lasting reminders in the City, one of which was preservation of the buildings. The application required that the City have at least one lasting reminder. Councilmember Savanick suggested the Committee proceed with preparation of a display of artifacts to be placed at City Hall. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Humphrey and Overgard). Mayor Overgard asked the Committee to put together a program for displaying artifacts and making its tapes, etc., available to the public and the schools. CITY OF APPLE VALLEY Dakota County, Minnesota April 21, 1983 Page 4 Councilmember Savanick asked Col. Mangin if his squadron would be interested in pro- viding the labor to restore the building at the Farmington site? He said he volunteered his unit because he is a resident of the City and would have to reconsider whether they would still be interested. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1983- 53 proclaiming the week of April 17 to 23, 1983 as Apple Valley Volunteer recognition week. Ayes - 5 - Nays - 0. RES, 1983-53 VOLUNTEER WEEK ORDINANCE 289 HERITAGE HILLS 7TH REZONING HERITAGE HILLS 7TH FINAL PLAT HERITAGE HILLS 7TH PRELIMINARY REPORT RES. 1983-54 160TH STREET COUNTY ROAD WMS. BROS. PIPELINE CONSTRUCTION MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 289 re- zoning the proposed Heritage Hills 7th Addition from R-1A to R-1C as recommended by the Planning Commission. Ayes - 5 - Nays MOTION: of Holton, seconded by Branning, approving the final plat and development agreement for Heritage Hills 7th Addition and au- thorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Branning, seconded by Holton, authorizing the Engineer to prepare a preliminary report on installation of public improve- ments in Heritage Hills 7th Addition. Ayes - 5 - Nays - 0. MOTION: of Branning seconded by Savanick, adopting Resolution No. 1983- 54 supporting County ownership and redesignation of 160th Street, between County Road 31 and Trunk Highway 3, as County Road 46. Ayes - 5 - Nays - O. John Gretz said he attended the County Board meeting on April 12, 1983 at which a public hearing on construction of a new pipeline by Wms. Bros. across Apple Valley and Rosemount was held. The hearing was continued until April 26, 1983, and he will again attend. The Cities of Rosemount and Apple Valley both expressed concern on how inspections will be done on the construction. They will be meeting with representatives of Wms. Bros. and expect to have this resolved by the April 26 meeting, Councilmember Branning asked if it would be possible for a representative of Wms. Bros. attend the next Council meeting and give.a presentation? Mr. Gretz said he would try to arrange it. He also said the only permit Wms. Bros. is required to get from the City is a road opening permit to cross Johnny Cake Ridge Road. All the other roads to be crossed are County roads. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1983- 55 establishing revised development and building department fees and charges effective immediately. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983- 56 receiving the preliminary engineering report on Project 83- 9, Hamlet Manor utility improvements, waiving the required pub~ lic hearing, as requested by the property owner, and ordering the installation of Project 83-9. RES. 1983-55 DEV. & BLDG. FEES RES. 1983-56 WAIVE HEARING & ORDER PROJ. 83-9 Councilmember Savanick asked if the Wms. Bros. pipeline running through the area would interfere with the utility installation? Mr. Gordon said the utilities would be in- CITY OP APPLE VALLEY Dakota County, Minnesota April 21, 1983 Page 5 stalled under the pipeline which he believes is about 30 inches deep. The exact location of the pipeline would be determined as part of the design details and should not be a problem. Councilmember Branning asked to see the street access to this area. Mr. Gretz said there is one access to 142nd Street at a point about 450 feet east of Pennock Avenue. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1983- 57 directing the Engineer to prepare plans and specifications for Project 83-9. Ayes - 5 ~ Nays - 0. RES. 1983-57 PROJ. 83-9 PLANS & SPECS. Jon Gurban reviewed the proposed development of Farquhar Park and said the intent is for it to be a community picnic park. Four picnic shelters and restrooms are among the im- provements proposed. MOTION: of Holton, seconded by Savanick, approving the concept plans for proposed development of Farquhar Park towards a community picnic area as presented by the Parks Director and approved by the Parks Committee. FARQUHAR PARK CONCEPT PLANS Councilmember Branning asked if the parking lot expansion was being included in the plan? Mr. Gurban said it is proposed to put ag-lime on the area this year and see how much use it gets before adding blacktop. The Council discussed the locations of the four proposed shelters in the park and their distances from the parking lot. Don Romain asked what the cost estimates for this de- velopment were and he was given a copy to review. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1983-58 directing the Engineer to prepare plans and specifications for the improvements in Farquhar Park as proposed and include blacktop for the parking lot expansion as an alternate. Ayes - 5 - Nays - 0. RES. 1983-58 FARQUHAR PARK PLANS & SPECS. MOTION: of Savanick, seconded by Holton, that pursuant to Section 6 of the ADMINISTRATOR June 29, 1978 employment agreement between the City and Richard G. CAR ALLOWANCE Asleson, the City does agree, effective May 1, 1983, to pay Mr. Asleson a monthly car allowance of 175.00 subject to receipt of a certificate of insurance in a form satisfactory to the City Attorney. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Branning, approving a Memorandum of Agree- ment pursuant to Section 4 of the June 29, 1928 employment agree- ment between the City and Richard G. Asleson, that effective January 1, 1983, Mr. Asleson's annual salary shall be $46,200 and authorizing the Mayor and Deputy City Clerk to sign the same. Ayes - 5 - Nays - 0. ADMINISTRATOR SALARY AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota April 21, 1983 Page 6 MOTION: of Humphrey, seconded by Holton, passing Ordinance No. 290 re- zoning Apple Valley Commercial Addition from B-4 and B-1 to B-4 and B-1 planned development pursuant to previous recommendations and approvals in 1973. Ayes - 5 - Nays - O. ORDINANCE 290 REZONING A.V. COML. ADDITION ORDINANCE 291 REVISED ZONING ORDINANCE AND MAP MOTION: of Holton, seconded by Branning, passing Ordinance No, 291 a- mending Appendix A of the City Code by establishing a revised zoning ordinance and zoning map for the City, repealing Ordin- ance 162, 186, 271 and 285 and authorizing publication of the title and summary of this ordinance in the official newspaper. Rick Carlson was present and said he had comments to make on the sand and gravel district section of the ordinance, but he would reserve them for another time. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Overgard, passing Ordinance No. 292 a- mending Chapter 6 of the City Code by regulating individual sewage treatment systems standards in the City and authorizing publication of the title and summary of this ordinance in the official newspaper. Ayes - 4 - Nays - 0 (Branning Abstained). ORDINANCE 292 SEPTIC SYSTEMS REGULATIONS MOTION: of Branning, seconded by Savanick, passing Ordinance No. 293 a- ORDINANCE 293 mending Appendix B of the City Code by establishing revised sub- REVISED division regulations and standards, repealing Ordinances 9, 13, SUBDIVISION 125 and 182 and authorizing publication of the title and summary REGULATIONS of this ordinance in the official newspaper. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring various part- time employees as described in the City Administrator's two memos, dated April 11, 1983, and one memo, dated April 29, 1983. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Savanick, approving a license for Cedar CEDAR PARK Park School P.T.O to conduct a bingo occasion on April 22, 1983, P.T.O. BINGO and waiving the requirement for a $10,000 Bingo Manager's Fidel- LICENSE ity Bond pursuant to City Code Section 14-35(a). Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Savanick, setting informal Council meetings on the first and third Thursdays of each month at 7:30 p.m. at the CityHall effective May 5, 1983. Ayes - 5 - Nays - 0o SET INFORMAL MEETINGS CLAIMS & BILLS GRAVEL TAX LEGISLATION MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 30957 through 30967, 32005 through 32092, 32101 through 32167, 32169 through 32218 and 32227 through 32271, in the total amount of $2,795,t51.19. Ayes - 5 - Nays - 0. Mr. Asleson reported he has been attending legislative hearings on the state-wide gravel tax bill and it now appears to have been defeated. It is possible some special legislation on it may be introduced and he will keep the Council advised on this. MOTION: of Branning, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:25 o'clock p.m.