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HomeMy WebLinkAbout01/22/1981CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 22, 1981 at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly (left at 12:30 a.m.), Overgard, and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Overgard, approving the agenda for to- night's meeting as amended. Ayes - 5 ~ Nays - 0. APPROVE AGENDA JAN. 8, 1981 MINUTES CONSENT AGENDA RES. 1981-10 CARROLLWOOD 4TH PATHWAY VACATION HEARING HAMLET 2ND FINAL PLAT & AGREEMENT PRELIM. REPORT HAMLET 2ND RES. 1981-11 OPPOSE EQB AMENDMENTS RES. 1981-12 GREENLEAF TH 3rd FIRE LANES GOLF CAR LEASE 1981 SEASON MOTION: of Branning, seconded by 8avanick, approving the minutes of the meeting of January 8, 1981, as corrected. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adding the performance review of Lloyd Rivers, hiring James Sewald and hiring parttim& employees to the consent agenda and approving all items on the consent a- genda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1981-10 setting a public hearing at 8:00 p.m. on February 26, 1981, on the vacation of a pathway easement between Lots 3 and 4 of Block 2 in Carrollwood Village 4th Addition. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving the final plat and development agreement for Hamlet 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by 0vergard, authorizing the Engineer to pre- pare a preliminary report on public improvements for Hamlet 2nd Addition. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1981-11 requesting the Environmental Quality Board not to approve the proposed rules for the Minnesota Environmental Policy Act~Amend- ments, but prepare a new draft of the rules which would decrease the number of mandatory reviews. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by 0vergard, adopting Resolution No, 1981-12 establishing fire lanes in Greenleaf Townhouse 3rd Addition as recommended by the Fire Marshal. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving an agreement with Steg- ner Golf Cars, Inc., to lease 16 four-wheel golf cars for the 1981 season for 59 percent of the rentals with the City retaining 41 percent of the rental, and authorizing the Mayor and Clerk to sign the agreement. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Page 2 MOTION: of Kelly, seconded by Overgard, authorizing the Engineer to pre- PRELIM. REPORT pare an updated preliminary report for public improvements in NORDIC WOODS Nordic Woods 4th Addition, known as Project 80-7. Ayes - 5 - 4TH Nays - 0. MOTION: of Kelly, seconded by Overgard, releasing the subdivision bond in the amount of $12,000 guaranteeing installation of certain improvements in Diamond Path 3rd Addition. Ayes - 5 - Nays - 0. RELEASE DIAMOND PATH 3RD BOND PROJ. 78-10(2) C.O. 2 REVISED FINAL PAYMENT PROJ. 78-10(2) MOTION: of Kelly, seconded by Overgard, approving Change Order No. 2, revised, to the contract with McNamara-Vivant Contracting for Project 78-10(2), Carrollwood Village 4th Street Improvements, in the amount of $20,124.78. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, accepting as final the contract with McNamara-Vivant Contracting for Project 78-10(2), Street Improvements in Carrollwood 4th and 5th and Sherman Heights, and authorizing final payment in the amount of $11,398.61. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, accepting as final the contract FINAL PAYMENT with McNamara-Vivant Contracting for Project 80-9, 140th Street PROJ. 80-9 Improvements from 138th Street to County Road 11, and authoriz- ing final payment in the amount of $36,545.56. Ayes - 5 - Nays - O. MOTION: of Kelly, seconded by Overgard, accepting as final the contract FINAL PAYMENT with McNamara,Vivant Contracting for Project 80-11, 140th Street PROJ. 80-11 widening from Cedar to Garden View Drive, and authorizing final payment in the amount of $23,958.66. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Ovargard, accepting as final the contract FINAL PAYMENT with McNamara-Vivant Contracting for Project 79-9(2), Street Im- PROJ. 79-9(2) provements in Hunter's Wood, Essex Avenue and County Road 42/ Garden View Drive Intersection, and authorizing final payment in the amount of $58,418.66. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving various 1981 cigarette 1981 LICENSES licenses, off-sale 3.2 beer licenses, service station permits, & PERMITS refuse collection licenses, taxi license, Fire Marshal permits and on-sale 3.2 beer licenses as listed. Ayes - 5 - Nays - 0. The Council received a notice that the Planning Commission will hold a special meeting at 7:30 p.m. on January 29, 1981, at the City Hall for the purpose of reviewing planned development districts in the City. MOTION: of Kelly, seconded by Overgard, approving a salary increase for Lloyd Rivers of $3,192.00 per year effective January 1, 1981. Ayes - 5 - Nays - 0. RIVERS SALARY INCREASE HIRE SEWALD POLICE OFFICER MOTION: of Kelly, seconded by Overgard, approving hiring James Sewald as a Police Officer effective February 7, 1981, at a salary of $1,132 per month. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Page 3 MOTION: of Kelly, seconded by Overgard, approving hiring various parttime park and recreation employees as listed on the memo from Mike Bassett dated January 19, 1981. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES GRETZ PUBLIC WORKS SEMINAR MOTION: of Kelly, seconded by Overgard, authorizing John Gretz to attend a seminar on Public Works Administration for Small Cities in Reno, Nevada, on February 26, and 27, 1981. Ayes - 5 - Nays - O. END OF CONSENT AGENDA ITEMS Glen Galles was present, as Chairman of the South Suburban Community Hospital Associ- ation, to update the Council on the proposed hospital. He said they have sent a letter of intent to file a certificate of need application to the Metropolitan Council and are preparing the application. He also said they will be submitting an application for industrial revenue bond financing when appropriate in the future. Mr. Galles read his letter to the Council dated January 15, 1981, clarifying informa- tion in a recent news article which stated that several members of the City Council were involved in the preliminary planning activities of the hospital group. He said this information was not correct. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- RES. 1981-13 13 supporting changes in Minnesota Statutes, Chapter 474, related IND. REVENUE to industrial revenue bond financing, as proposed by the League BOND LEGISLATION of Minnesota Cities, and opposing any changes which would restrict cities from issuing industrial revenue bonds for commercial projects. Councilmember Branning questioned why the proposed legislation transferred the duties of the Commissioner of Securities to the Commissioner of Economic Development. Mr. Asleson explained that the Commissioner of Securities only reviewed the information and does not have the power to approve it. The Commissioner of Economic Development approves these applications now. Councilmember Branning asked who pays for preparing the application and various reports? Mr. Asleson said at the present time, legal costs are paid by the petitioner, but City staff time is not reimbursed. The proposed legislation would require cities to formulate their own guidelines on the use of this financing and could also include requiring ad- vance payment to the city for its costs. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Garrison said that since the agenda was prepared several contractors have contacted the City about the availability of industrial revenue bond financing for a construction proposal they will be making to Sperry-Univac. Rather than beginning the financing pro- ceedings with each contractor, it was suggested the Council issue a statement of intent to cooperate on such financing. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-14 IND 14 stating that subject to compliance with appropriate State laws, REVENUE FINANCG. the City will cooperate in the issuance of industrial revenue bonds FOR UNIVAC to finance a facility for Sperry-Univac in the City. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Page 4 John Gretz showed the location of the proposed Morningview Subdivision on the map. It is proposed by Westwood Development Co. on approximately 142 acres west of Cedar Avenue and north of 160th Street. The requested rezoning is for M-3 P.D. with a total of 790 dwelling units or a density of 5.6 units per acre. He said this is 28 units higher than the maximum allowed in the Comprehensive Plan and reviewed the Planning Commission's recommendation for approval. Mike Gair, of Gair & Associates, reviewed the proposal and said it was based on the City's Comprehensive Plan land uses for the area. Westwood Development will complete the platting, install the public improvements and sell the lots to Orrin Thompson Homes which will construct the homes. Mr. Gair siad 106 single family lots are proposed along the west and north sides of the development; 96 quad home units and 288 town- house units are proposed in the center and 300 condominium units are proposed along Cedar Avenue. Mayor Garrison said he agrees with the land uses proposed, but believes the density is too high. Councilmembers Kelly and Savanick agreed. Councilmember Savanick also expressed concern about increased traffic and the planned development concept. She said she would prefer to have each area specifically zoned. Thomas Graham, of Westwood Development, said he would agree to come back before the Council with any changes if they should be necessary in the future, but he preferred to use the planned development approach. Councilmember Overgard asked if they would change 16 quad home lots north of 157th Street to single family lots? Mr. Graham said they would and would also be reducing the condominiums by 20 units as recommended by the Planning Commission. Councilmember Branning questioned the livability of 5 to 6 units per acre and said he believes the density of the c6ndominium area is still too high. The Council dis- cussed the condominium location. Mr. Graham said these plans have not been drawn yet, but there would probably be two buildings of 70 units each, on each lot, set back 50 feet from Cedar Avenue. Mr. Graham said he would be willing to accept a maximum density of five units per acre over the entire area. MOTION: of Overgard, seconded by Kelly, passing Ordinance No. 251 re- ORDINANCE 251 zoning the area west of Cedar Avenue and north of 160th Street, REZONING to be known as Morningview, from Agriculture to M-3 Planned MORNINGVIEW Development, subject to approval by this Council within 90 PLANNED DEV. days of the planned development agreement required by Ordinance No. 162 and its execution by all appropriate parties; said agreement to provide that 16 quad home lots north of 157~h Street will be single family lots and the condominium area reduced in density so that the density for the entire area will not exceed five units per acre. Councilmember Branning commented that pedestrian traffic has not been addressed. He also said he would rather not approve planned development zoning, but specific zoning in future plat considerations. Debra Poire, 776 Newell Drive, presented a petition to the Council requesting an in- crease in the number of single family homes and a reduction in the multiple area of this proposal. Mary Biever, 8193 West 157th Street, stated that traffic problems would be reduced if signals could be installed at the intersection of 157th Street and Cedar Avenue immediately. CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Page 5 Councilmember Branning suggested the Council consider upgrading Cedar Avenue from Whitney Drive to 160th Street, either by including it in the plans already underway or by a separate project. Bill Gray, 780 Newell Drive, asked for clarification of the proposed motion. John Gretz said the motion would approve the rezoning subject to approval of an agreement which will include the provisions being discussed. Councilmember Savanick said the proposal has now been reduced to 710 units and asked if this is satisfactory to the residents? Ms. Poire said it is approaching what they want. Councilmember Savanick asked what pathways and sidewalks will be installed? Mr. Gretz said, per the pedestrian circulation plan, there will be a five-foot wide sidewalk along both sides of 157th Street; a pathway along 160th Street and along Cedar Avenue; and a pathway through the multiple area leading to the school property. Mr. Asleson stated that these are all items which will be included in the agreement. Councilmember Savanick said she could not vote for the rezoning until she has more information. Councilmember Branning asked how many votes were required to pass this motion? Mayor Garrison said four votes. Councilmember Savanick asked about ponding and park dedication requirements. Mike Bassett said no park land dedication will be received, but the cash amount, yet to be determined, will be used to pay the School District for nine acres adjacent to Cedar Park School as was agreed at the time the School District purchased the pro- perty. Any additional money will be sued for park development. Mr. Graham said the ponding area on the south condominium site has nat been determined yet and is an engineering question, but it will be dedicated. Councilmember Savanick questioned the process to amend a planned development. Mr. Gretz said the City cannot prohibit a developer from requesting any future change in a planned development. Mr. Asleson said the procedure would depend on the type of change requested, but a substantial land use change would require four votes of the Council. Councilmember Savanick asked what the phasing of the development will be? Bob Thein, of Engineering Concepts, said all of the grading would be done at once and single family homes would start from the south and the west and some of the quad homes also. Mr. Graham said it would also depend on the economy. Councilmember Branning asked if there will be direct access from 157th Street to Whitney Drive extended? There will be a pathway along Cedar Avenue and a pathway to the school/park property. Fred Metry, 15754 Henna Court, asked if construction traffic on 157th Street could be restricted from the west, through Longridge, and allowed only from Cedar Avenue on the east? Mr. Asleson said it would be almost impossible to enforce such a re- striction. Mayor Garrison said construction traffic could be encouraged to use Cedar and 157th to enter the area. Mr. Graham said 157th Street and the street from 157th to 160th Streets could be constructed first Ms. Biever said the Planning Commission had stated that 157th Street would not be used by construction traffic. 'Mr. Gray said they appreciate the change to 20 percent single family lots and questioned the notice procedure if future changes are made. Mr. Gretz said the same notice pro- CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Page 6 cedure would apply if the change requested required a public hearing. He also said the Planning Commission will be reviewing a draft of the agreement before it is sub- mitted to the CouncilTfor approval. Motion and second agreed to amend their motion to include preliminary plat approval for Morningview for not to exceed 710 total units as discussed. Vote was taken on the motion. Ayes - 5 - Nays - 0. Councilmember Kelly asked that the Planning Commission meeting on January 29, 1981 be tape recorded for those Councilmembers who would not be able to attend. Mayor Garrison reviewed the sites of two eight unit buildings in Academy Village, one will have access from 142nd Street and the other from 142nd Street Court, west of Hayes Road. Two six unit buildings'with access from 143rd Street will be considered in the future. Tom Heiberg was present and showed a drawing of the south building elevation. Coun- cilmember Branning asked the Mayor to sign and date the site plan for the buildings The Council discussed the potential of a future subdivision of Lot 2 in the future. Mr. Gretz said such a request would have to be approved by the Council. Jim Sheldon agreed and said this Council is limited by State law from doing certain things to restrict actions of a future Council. Bob Bro, 8457-142nd Street Court, said he is in favor of the proposed layout for all four buildings. Tom Heiberg said, for topographic reasons, they might be proposing one 12 unit building on Lots 2 and 4 in the future instead of two six unit buildings, but it would still have access from 143rd Street. MOTION: of Overgard, seconded by Branning, approving building permits for two eight unit buildings on Lots 3 and 6 of Block 1 of Academy Village and concept approval for two six unit buildings on Lots 2 and 4 of Block 1 of Academy Village as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ACADEMY VILLAGE 8 UNIT BLDGS. TABLE WHITNEY VACATION MOTION: of Branning, seconded by Savanick, tabling consideration of vacating part of Whitney Drive, connecting to Cedar Avenue, until 153rd Street is constructed from Pennock to Cedar. Ayes - 3 - Nays - 2 (Garrison and Kelly). Mr. Asleson said he attended the Metropolitan Council hearing today on the proposed Comprehensive Plan Amendment Guidelines and recommends the City Council support the draft prepared by the Association of Metropolitan Municipalities. He also said John Gretz and Rick Kelley should be commended for their work in helping prepare this draft. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981- 15 supporting the comments on the Proposed Comprehensive Plan Amendment Guidelines prepared by the Association of Metropoli- tan Municipalities in a letter to the Metropolitan Council, dated January 15, 1981. RES. 1981-15 COMP. PLAN AMENDMENT COMMENTS CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Page 7 Councilmember Branning said too much latitude is given to the Chairman of the Metropolitan Council in the proposed guidelines. Mr. Asleson said no one knows if this is the solution to the amendment procedure, but if every request is put into the more than 10-day review category by the Chairman, all of the cities will be requesting changes in the procedures. Councilmember Branning said he would like to see some type of guidelines from the Chair- man saying these are examples of things that will require a 90-day review. Mr. Gretz said they had attempted to do this, but basically unless an amendment has a detrimental effect on metropolitan systems, it will not be a 90-day review. An example is the South- port sewer question. Vote was taken on the motion. Ayes - 5 - Nays - 0. Councilmember Branning said he would still like some communication from Mr. Weaver on these guidelines. MOTION: of Overgard, seconded by Kelly, approving a party permit for Val- ley Bike and Ski for a wine and cheese party at Lebanon Hills Golf Course on February 20, 1981, in connection with the Mid- Winter Fest, subject to receipt of a certificate of insurance naming the City as an additional insured. Ayes - 5 - Nays - 0. VALLEY BIKE & SKI PARTY PERMIT AT GOLF COURSE RES. 1981-17 MIDWEST SERVICE CLEANING CONTRACT MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 17 authorizing the Mayor and Clerk to sign an agreement with Midwest Services, Inc., for a period of one year effective Feb- ruary 1, 1981, for cleaning services at City buildings for the low bid of $1,108.00 per month. Ayes - 5 - Nays - 0. The Council received the proposed 1981 golf course fee schedule and Mayor Garrison ques- tioned the dollar comparison shown for patron cardholders in 1980. Councilmember Overgard said she thought the 1981 fees were too low and had asked for comparison figures. Rusty Rosland clarified the information shown in rounds of golf and dollar comparison to rounds of golf in 1980. He also said comparison rates at other golf courses are very difficult to make because Minneapolis issues five types of passes, the most expensive of which is $352; St. Paul's is $300. He said the proposed 1981 fees for Lebanon Hills are probably on the low end of the scale, but the philosophy used is to be competitive and still in- crease rounds of play in 1981. Councilmember Overgard said she has no problem with the greens fees proposed, but the patron card charges are too low. MOTION: of Kelly, seconded by Overgard, tabling consideration of the 1981 golf course fee schedule until February 12, 1981, for more infor- mation. Ayes - 4 - Nays - 1 (Branning). TABLE 1981 COLF COURSE RATES Loren Hegland was present and said he believes Lebanon Hills' rates for 1981 should be about what other courses' rates were last year. He said the patron card advantage is for him to be able to play four or seven holes rather than 18, and if the price were too high, he Would not purchase the card. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 16 approving the revenue and expenditure budgets for 1981 as shown in the nine pages attached which does not include the Water and Sewer Fund. Ayes - 5 - Nays - 0. RES.,1981-16 ADOPT 1981 BUDGETS CITY OF APPLE VALLEY Dakota County, Minnesota Jannuary 22, 1981 Page 8 MOTION: of Overgard, seconded by Savanick, setting a special informal meeting at City Hall at 7:00 p.m. on February 12, 1981 to meet with Senator Knutson and Representatives Halberg and Rodriguez. Ayes - 5 - Nays - 0. SET SPECIAL MEETING RODRIGUEZ PARK COMM. RESIGNATN. SUSPEND .RULES FOR APPOINTMENT MOTION: of Overgard, seconded by Savanick, accepting the resignation of Carolyn Rodriguez from the Park Committee and appointing her as an ex officie member of that Committee. Ayes - 5 - Nays - 0. MOTION: of 0vergard, seconded by Kelly, suspending the procedures for appointments under Resolution No. 1979-199 for tonight's meet- ing. Councilmember Savanick said she does not believe the procedures should be suspended unless it has been determined that there is no controversy over the appointments. Councilmember Branning agreed. Vote was taken on the motion; Ayes - 3 - Nays - 2 (Branning and Savanick). 'Mr. Asleson said Resolution No. 1979-199 states the procedure cannot be suspended unless it is approved by a 4/5 vote of the Council. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981- 18 rescinding Resolution No.71979-199 and establishing the same appointment procedures except deleting paragraph 2 of that resolution RES. 1981-18 APPOINTMENT PROCEDURE Councilmember Branning asked the City Attorney to comment on this. Mr. Sheldon said the requirement in Resolution No. 1979-199 for a 4/5 vote is not legal and only a majority vote of the Council is required to pass resolutions. The 3/5 vote on the previous motion passed that motion. The motion on the floor would comply with legal voting requirements. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, rescinding Ordinance No. 195 RESCIND which established two-year terms of office on the Planning ORDINANCE 195 Commission. Councilmember Branning asked for an explanation of the intent of this motion. Coun- cilmember Overgard said it will be to establish staggered three-year terms of office on the Planning Commission. Mr. Sheldon said except where state law specifically re-~ quires a 4/5 vote to pass an item, such as in zoning ordinances, a majority vote of the quorum of the Council can pass any item other than ordinances. Councilmember Savanick asked if this would abolish the Planning Commission. Mr. Sheldon said no, it would change the terms of office and the Council can appoint any persons it desires to those terms. Councilmember Branning said he is opposed because of the intent of the motion. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning and Savanick). MOTION: of Overgard, seconded by Kelly, passing Ordinance No. 252 estab- ORDINANCE 252 lishing three-year, staggered, terms of office on the Planning PLANNING COM. Commission which terms will expire on March 1 of the year of TERMS expiration. CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Page 9 MOTION: of Branning, seconded by Savanick, tabling consideration of com- TABLE ITEMS mission and committee matters until February 12, 1981. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). Councilmember Branning said this would allow two Councilmembers to remove a member of the Planning Commission and he is opposed and is voting against the intent of what is taking place. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning and Savanick). MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-19 appointing members to the Planning Commission for terms expiring on March 1 of the year as follows: Carol Hein and Denis LaComb, 1982; Lynne Kline and Katherine Weesner, 1983; and Michael Chul- yak, James Ronay and Arleigh Thorberg, 1984. RES. 1981-19 PLANNING COM. APPOINTMENTS Councilmember Kelly asked the Mayor to send a letter of thank you to Patricia Wirtanen, who did not wish to be reappointed, as well as any other outgoing commission and committee members Councilmember Branning said he objects to these procedures and understood ap- plicants were to be solicited for the vacant seats only. He had been contacted by Gary Humphrey who wished to be appointed. Councilmember Savanick said she understood Donald Romain wanted to be reappointed and she came to the meeting tonight prepared to reappoint him. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning and Savanick). MOTION: of Savanick, seconded by Branning, tabling consideration of other commission and committee appointments. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). TABLE APPOINTMENTS RES. 1981-20 HISTORICAL COM. RES. 1981-21 PARK COMMITTEE MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 20 reappointing the current members of the Historical Committee to terms expiring on March 1, 1983. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-21 reappointing the current members of the Park Committee to terms expiring on March 1, 1983; appointing Douglas Dahlen to fill a vacancy and Carolyn Rodreguez as a non-voting ex officio member; and noting that one vacancy remains to be filled. Ayes - 5 - Nays - 0. Councilmember Branning said he did not want to participate in the next several actions and he left the table to sit in the audience at this time. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1981-22 reappointing Jerry Minea to the Economic Development Commission and appointing William McKeag for terms expiring in January of 1983 with one vacancy remaining to be filled. RES. 1981-22 ECONOMIC DEVELOP. COMMISSION Councilmember Kelly noted that Paul Anderson and Karin Watland did not wish to be reappointed Councilmember Savanick asked if, under the open meeting laws, councilmembers could commun- icate with each other by written memos? Mr. Sheldon said yes, but such items would become public records. CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Page 10 Vote was taken on the motion Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Kelly, adopting Resolution No. 1981- 23 reappointing the current members of the Urban Affairs Com- mittee and noting that one vacancy remains to be filled. RES. 1981-23 URBAN AFFAIRS COmmITTEE MOTION: of Overgard, seconded by Kelly, amending the above motion by setting the above terms of office to expire on March 1, 1983. Ayes ~ 3 - Nays - 1 (Savanick). Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-24 24 appointing Bill Holton to the Cable TV Commission for a term CABLE TV expiring on August 1, 1981. Ayes - 4 - Nays - 0. COMMISSION Councilmember Branning returned to the table at this time. MOTION: of Overgard, seconded by Kelly, adopting a policy on Council liaisons for various City functions and authorizing the Mayor to make appointments of the Councilmembers to these positions. LIAISON POLICY MOTION: of Savanick, seconded by Branning, tabling consideration of this item until the meeting of February 12, 1981. Ayes - 3 - Nays - 2 (Kelly and Overgard). TABLE LIAISONS The Council requested the Mayor and Mr. Asleson to select a date.for an informal meet- ing to review the Personnel plan and discuss future Council meeting dates and inform the Council and public of the meeting. The Council received a letter dated January 6, 1981 from Dakota County Planning Services on office and court space availability. The Council agreed the Mayor should write a letter to Dakota County stating the City would be willing to explore this matter further. Mr. Asleson distributed a draft of a proposal from Tom Gladis, of International Systems, Inc., for a transportation system management grant. The proposal is for a program to reduce fuel costs for City vehicles. (Councilmember Kelly left the meeting at this time.) The Council agreed to proceed with International Systems, Inc., preparing the application which must be submitted by March 1, 1981. Mayor Garrison read a letter from the U.S. Post Office which had been sent to Lake- ville residents in the Valley Park area on a proposed zip code change to 55124 in that area. He also read a letter from Harry Clarkson of Lakeville commenting that whatever zip code change is made, the residents be allowed to use the name of their city, "Lake- ville", to give residents the identity of their community. Mr. Sheldon said the City has been served with a Summons by Apple Valley Development to answer a Complaint for Declaratory Judgment involving the petition for preliminary plat on part of Outlot B of Hunters Wood. Ha said he will be asking the Court to determine whether the suit is appropriate and if the proper parties are involved. The Council agreed with this action. Mayor Garrison asked the newspapers to publish the information that vacancies currently exist on the City's Park and Urban Affairs Committees and Economic Development Commission. CITY OF APPLE VALLEY Dakota County, Minnesota January 22, 1981 Page 11 MOTION: of 0vergard, seconded by Savanick, to pay the claims and bills, checks 18633, 18635 through 18637, 20766 thr6ugh 20888 and 20898 through 21017, in the total amount of $1,350,778.91. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Overgard, seconded by Garrison, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 12:45 o'clock a.m. Letter from the City Attorney, dated February 11, 1981, regarding rezoning, preliminary plat approval and planned development agreements, is made a part of these minutes by reference.