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HomeMy WebLinkAbout01/26/1978CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1978 Minutes of the meet~ngg~of the City Council of Apple Valley, Dakota County, Minnesota held January 26th, 1978, at 7:00 o'clock p.m. ~- PRESENT: Mayor Branning; Councilmembers Fitzsimmons, Hayes,-Hol'~tonand Savanick; ~ Clerk Asleson._ ~ ...... ABSENT: None. . Mayor Branning called themeeting toorder at 7:05 p.m. T-he Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. : MOTION: onf Fi'tzsimmons, seconded by Hayes, approving the agenda for tonight's meeting as amended~ Ayes -:5 ~.Nays + 0. MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of JAN. 12, 1978 the meeting of January 12, 1978, as written. Ayes - 4 - MINUTES Nays - 0 (Branning Abstained) Mayor Branning announced that the Planning Commission appointments procedure would be that he,would call the name of a nominee and then. in~ a rotating manner, Counciimembers would Vote on that nominee until either 3 yes or 3 no voteg were cast starting with the nominees for the two-year terms and that after all positions were filled, a summary appointment Resolution Would be considered; Mayo~ Branning then- called the nominees in the following orders: ...... 1. Gary Humphrey; YES ~ Savanick, Hayes and Fitzsimmons. 2. Arleigh Thorberg;:YES - Nolton, Fitzsimmons, and Hayes ~3. Erwin Ulrich; YES - Fitzsimmons,_ Hayes and Savanick ..: . 4. Patri¢ia Wirtanen; YES:,- Savanick, NO - Hayes, YES - FitZmimmons & Holton. MOTION:. 5. Mike Chulyak; iYES- FitZsimmons, Hayes and Savanick. 6. Ronald Hughes; YES r_~Hayes, Fitzsimmons, and Holton. 7. James Ronay; YES - Holton, Fitzsimmons, and Hayes. of Holton, seconded by Fitzsimmons, adopting Resolution No. 1978-11 appointing Gary Humphrey, Arleigh Thorberg, and Erwin Ulrich to. the~Planning Commission for terms.~:exp~ing~ January 1980 and Patricia Wirtanen, Michael Chulyak, Ronald APPROVE AGENDA RES. 1978~i1 APPOINTMENT PLAN. COM. MEMBERS Hughes~and Jim Ronay. for terms expiring JanuarY 1979. Ayes - 5 ~ Nays - 0 .... ,:: , ~:~,- :~- ': Mayor. Branningt:said he wanted:to express appreciation to. Gene Glenn and Dianne Kelly, who had served on the Planning Commission, for their .past~service. Mayor Branning asked ~for any~ nominations for the Park Committee. Savanick nominated Jacob Erank. ~ Hayes nominated Roger Wangen. Fitzsimmons nominated Ellen Milos. Holton nominated Robert Naegeli. Branning nominated~Virginia S~erling. Savanick nominated Joseph B. iBell i :: ...... : ~ ..... - ' MOTION: of Hayes, :seconded by Fitzsimmons, closing nominations for the CLOSE PARK ~ Park Committee. ~ Ayes ~ .5 ~ ~Nays~-0.~ · ~.,~ g~ NOMINATIONS Mayor Branning asked for any nominations for. the Urban Affairs Committee. Holton nom- inated Clint Dixon. Fitzsimmons nominated George Hecker. Hayes nominated Dorothy Regis. Savanick nominated Willi'am D.. Smith. ~ Branning nominated Jerry Tritten. Fitzsimmons. nominated Hank Myers~ Hayes nominated~J, oan Goering. ~B=anning Eominated Richard Edwards. CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1978 Page 2 MOTION: of Hayes, seconded by Fitzsimmons, .closing nominations for the CLOSE U.A.C. Urban Affairs Committee. Ayes - 5 - Nays -~0, NOMINATIONS Mayor Branning asked for nominations for the Historical Committee. Holton nominated Carlyle Mitchell. Fitzsimmons nominated Marlene Romain. Hayes nominated Alan Kohls. Savanick nominated Agnes Scott. Holton nominated Barbara Linkert. Fitzsimmons nominated Lois Puckett. MOTION: of Fitzsimmons, seconded by Hayes, closing nominations for the CLOSE HIST. Historical Committee. Ayes - 5 - Nays ~ 0. NOMINATIONS Mayor Branuing asked for nominations for the Human Rights.Commission. Savanick nominated Carol Alexander. Hayes nominated Betty Fedde. Fitzsimmons nominated Cyndia Reed. Holton nominated Tom Blackmar. Savanick nominated Elbert Clark. Fitzsimmons nominated Indru Advani. Branning nominated Pat Johnson. MOTION: of Hayes, seconded by Fitzsimmons, closing nominations for the CLOSE H.R.C. Human Rights Commission. Ayes - 5 - Nays -'0. NOMINATIONS The Council noted that, according to the policy adopted by resolution, the appointments will be made at.the next.meeting. ~ w~ Counciimember Holton described the proposed organization chart for the City and the suggested Council liaisons for 1978. Branning would be liaison to Mr. Asleson and on intergovernmental and commercial relations, the Urban Affairs Committee and the Human Rights Commission. Fitzsimmons would be liaison to Mr. Bassett on parks, golf course, ice arena, the Park Committee and the Historical Committee. Hayes would be liaison for public safety. Hoiton would be liaison to Mr. Asleson, Mr. Prom~ Mr. Stenderson and Mr. Bassett on the enterprise activities of the City. Savanick would be liaison to Mr. Asleson and Mr. Gretz on developmental activities, the Planning Commission, building, zoning, permits, inspections and the Cable:TV Commission.~ Councilmember Savanick said she agrees with this except Cable TV Commission should be Holton's and Fitzsimmons should also include the School District in her liaison. MOTION: of Savanick, seconded by Holton, adopting the organizational ORGANIZATION chart, as presented, and the 1978 Council Liaisons with Holton CHART & LIAISON including the Cable TV Commission and Fitzsimmons including the School District. Ayes - 5 - Nays - 0. John Turner of Mid America Bank,: representing the Cobblestones petitioners, said they would like tO propose elimination of the planned development zoning on the property and rezone the individual areas to specific uses. The proposed Inn site could be B-6, the condo, plaza, and apartment areas M-2 exDept two acres of the plaza to be B-4, the estate and single family areas R-lC and the double lots R-2. Councilmember Holton asked if this would indlude dedication of the County Road 38 right-of-way? Mr. Turner said yes. Holton asked about the alignment of the road? Mr. Turner said this would have to be worked out with the Engineer, but could be agreed on. The Council discussed this proposal and whether these rezonings would be desirable in the specific areas. Mayor Branning asked what the steps would be to accomplish this? John Gretz said they would have to petition for a new public hearing on these specific rezonings because the previous hearing was held for an amendment to the planned development and not rezoning. Mr. Turner and Don Anderson questioned whether another hearing was necessary and Jim Sheldon said~ yes, it is. Councilmember Hayes asked whether the Council could approve CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1978 Page 3 a preliminary platoon part of the property new and con~ider the-rezonings later? ~ Mr. Asleson said yes they could but.before a final plat ~ould be approved the rezoning or planned development questions must, be ~resol~ed~,~ It was also-noted that-if the entire planned development were simply removed, the property would allrevert to M-2 zoning including the CobblEstones Lakevie~ Addition ~hich~has already been platted. Councilmember Sava~ick sa~d~,she is opposed ~to~approving the~pr'eliminary plat-fo.r, part' of the area before am overall plan for ~he entire~area is~ appzoved~ = . MOTION: .iof Hayes,~seconded by Holton, approving a preliminaryplat in COBBLESTONES the Cobblestones~area fQr~the single family~lots in the south-~ PRELIM,~.PLAT east corner of the area and the double lots and referring the ~ remainder of the propertyto the Planning~ commission to 'consider the rezoning. Ayes- 4~-~Nays -,.0. ~ (Savknick'abstain~d)~ - ~ . Mr. Turner asked whather.ltherezonings would be aceeptable.to the-Council and what direction would be given to the Planning Con~nission? Each of the Councilmembers discussed what would be acceptable to him or her. It was generally agreed that B-4 zoning in the plaza area would not~be.~..Mr. ~urner.asked if B~6 zoning for~the Inn ~ite~M-2 for the plaza.~and dondo areas, R-lC for the.~estate and single areas, R-2 for the double~areas~ and My2 or R-lC forthe apartment area would be all right. Councilmember Savanick said she would,agree if the apartment area were R-lC. ~ . ~ · ~ ~ MOTION: of Fitzsimmons, seconded by Savanick, referring theCobblestonesCOBBLESTONES proposal to the Planning Commission for consideration~of the i;~:.TO PLANNING COMM. rezonings as discussed at this meeting. Ayes - 5 - Nays - 0. Mr. Rete Fogarty of'Fo%omar.was present~o explain~his~c~mpany's~request fo~ a building permit in the, Apple Valley Shopping Center., He said he has had the opportunity to view the site and the Park & Ride vehicles do take Up quite a bit of space. He said he understands the Park& Ride may be moved this spring and he. would be agreeable to approval of a building permit effective at that time. -,~Mayor Branning~said Fotomat has.~disCussed building a processing plant in Minnesota some time in the future and he would like them to consider Apple~Valley:as a petential site. Mr. Fogarty said this is being discussed but there are ne.definite plans~at~this time~ ,~Mayor Branning also said, if a permit for Fotomat is approved, thebuilding~should be~moved farther west z~ MOTION: of Fitzsimmons, seconded by Savanick, denying the request of DENY FOT05t~T ~F~tomat for a waiver~of platting and a building permit. ~ · MOTION: of Holton, seconded by Hayes, amending the above motion by adding until the Park & Ride service is moved to another location. Ayes~ 3 ~ Nays~,~ 2~(Fitzsimmons andSavanick). ~ . . ~ . MOTION: of Hayes, seconded by Holton, amending, the above motion by adding! ~ that the~building site be moved~to a location, farther west in thd~ parking~lot~ Ayes ~ 4 - Nays, 1 (Fitzsimmons)~ ~.~ ~ Mayor Branning~noted~that~since~this is a~mot.ion to deny, it will .nOt mean,approval of a building permit if it carries. Fotomat Would have to~ reapply at. suc~h time as the Park & Ride is moved. Vote was taken on the motion.as amended. Ayes ~ -.Nays - 2 (Savanick and Fitzsimmons. ) ~ · ~ CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1978 Page 4 Linde Gonzales announced that she represents a group of concerned citizens who wi~:be holding a meeting on antipornography February 7th, 1978, at 7:30 p.m. at the Valley Middle School and the public is invited to attend. Mayor Branning called the public hearing to order: at 9:21 p;m. on the Vacation of part of Birchwood Drive and Circle Court in the Farquar Lake Addition and noted the affidavit of publication has been received. ~ohn Gretz showed the location of. the proposed vacation on the map and said the streets were piatted but hsve never b'een constructed, The : Engineer has informed him the streets would not be needed for sewer and water easements or for a road. The Mayor asked for any questions or comments from the Council and the public. There being none, the hearing was closed at ~:23 p.m. MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1978-RES. 1978-12 12 vacating the portion of Birchwood Drive and Circle Court, as STREET VACATION platted in the Farquar Lake Addition, legally described in the Notice of Completion of:Vacation of Public Street attached. ~ Ayes ~ 5 ~ Nays ' 0.~ Mr. R, J. Smiley, representing the proposers of the golf course~ctubhouse, said they have reviewed a.draft of an agreement, prepared by the City Attorney, and agree with most of it. They have not yet been able to get a~written commitment from the interested investors to purchase the securities because they are uneasy over control of the~golf course. They want some assurance that the golf course will continue to be maintained and operated as such. He said there are still a few details to be worked out before an agreement can be reached and will be reporting back to the City. MOTION: of Hayes, seconded by Holton, accepting the Treasurer's Report BICEN. COMM. of the Bicentennial Committee Funds for the 1976 4th of July -~ TREAS. REPORT ~Celebration.~ Ayes , 5 ~ Nays - 0. A public hearing will be held February.8, 1978, on the Dakota County Trails Plan. Mike Bassett said he will be attending the. hearing. MOT ION: of Hayes, seconded by Holton, adopting Resolution No. 1978-13 RES. 1978-13 encouraging Dakota'County to proceed with implementation of a COUNTY TRAIL trail system and to include a trail along County Road 40 in . : PLAN HEARING Apple Valley. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by .Holton, accepting the resignation CIVIL DEFENSE of Roy Palm as Civil Defense Director effective January 27, DIR. RESIGNATION 1978; Ayes - 5 -Nays ~ 0. The Mayor said he wanted .to ~hank Mr Palm for his past service to the City, MOTION: of Holton, seconded by Fitzsimmons, approving hiring Dave HIRE PARTTIME Gulifer and Mark Carlson for park maintenance at $3.2~ hourly; EMPLOYEES Beverly Madden, Andrew Laughlin and Karla Viland for recreation instructors at $7.00 per session; Audrey Gondeck for rink super- visor at $2.30 hourly and Joan Doench for skating instructor at $5.00 hourly. Ayes - 5~- Nays - Of MOTION: of Holton, seconded by Hayes, authorizing Fred Prom to attend FINANCE DIRECTOR the National Finance Officers Convention tn Houston, Texas CONVENTION May 14 to 18, 1978. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1978 Page 5 The Council received, a s~atu$ reportf on the Forestr~ ProgramStudy. Mr. Bassett said if the Council desired further information it could beY~iscussed at the nextme~ting. C0uncilmember Fitzsimmons asked that. Carl Vogt attend the next.meeting to discuss this. MOTION: of Holton, seconded by Hayes, approving the purchase of a one- PURCHASE TRUCKS ton Ford Truck for the Forestry Department at $6.900 and a halfv ton Ford ~ruck.for the Utilities Department at $4,324 through the .~ Hennepin County Purchasing Association.. Ayes - 5 - Nays - 0. ~ MOTION: of Fitzsimmons,. seconded~byHayes, adopting Resolution No. ~ 1978-14 approving specifications for three trucks and related snow plowing equipment and autharizing.advertisement for bids ta be received February 22nd, 1978, at 2:00 p.m. Ayes - 5 - Nays - 0. RES. 1978~14 TRUCK & SNOW EQUIP. BIDS MOTION: of Holton, seconded by Hayes, approving a reduction in the letter of credit for utilities, streets and sidewalks in the Highlands subdivision from $125,600.00 down to $40,000.00 as recommended by the Engineer. Ayes - 5 - Nays - 0. HIGHLANDS LETTER OF CREDIT RES. 1978-15 ACCEPT SYS. STMT. AMENDMENT MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-15 accepting the revised statistics submitted by the Metropolitan Council for inclusion within the Systems Statement of the City of Apple Valley. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving a 1978 cigarette and 1978 LICENSES 3.2 beer on-sale licenses for the Apple Valley Golf Course and 1978 Taxi Licenses for Apple Valley Cab, Gopher Cab and American Cab. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1978- 16 approving assessment divisions for Apple Valley Industrial Park First Addition, Valley South and Lot 1 of Block 8 of Valley Commercial Park 2nd Addition. Ayes - 5 - Nays - 0. ~RES. 1978-16 ASSMT. DIVISIONS RES. 1978-17 POLICE STATE AID FUNDS MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-17 transferring $20,934.91 of Police State Aid Funds to the Gen- eral Fund effective in December of 1977. Ayes - 5 - Nays - 0. Mr. Asleson reviewed the existing "Green Acres" law and said Apple Valley has not had significant problems with it. The League of Minnesota Cities and the Association of Metropolitan Municipalities are proposing changes which would give cities more input into where the law will be applicable. Some cities have had problems because of additional expenses for utilities and streets being routed around these Green Acres properties. Mayor Branning suggested that a possible control on the Green Acres exemption might be when property has been rezoned for a use other than agriculture, the Green Acres designation should be removed. Erwin Ulrich said he believes some areas have problems because they did not use good planning in the first place and discuss future plans with the farmers. The Mayor said he is interested in seeing the intent of the original green acres law upheld, but may be some changes are needed. Mr. Asleson said he will relay this information to the organizations. MOTION: of Holton, seconded by Hayes, approving hiring Douglas P. SWANSON ANIMAL Swanson for the position of Animal Warden effective February 1, WARDEN 1978, at $130.00 per month. Ayes - 5 ~ Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1978 Page 6 MOTION: ~ of Hayes, seconded by Fitzsimmons, adopting Resolution No. MOTION: 1978-RES, 1978-18 18 requesting the Minnesota Commissioner of Highways to do a ' JOHNNY CAKE speed survey on Johnny. Cake Ridge Road from County Road 42 SPEED REVIEW to the Apple Valley-Eagan border. Ayes - 5 - Nays - 0. of Holton, seconded by~Fitzsimmons, to pay the claims and bills~CLAIMS & BILLS checks numbered 6519 through 6530 and 7646 through 7748, in the total amount of $246,491,68. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded ~by Fitzsimmons, to adjourn. The meeting was adjourned at 10:24 o'clock p~m. Ayes - 5 - Nays - 0.