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HomeMy WebLinkAbout01/27/1977CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 1977 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 27th, 1977, at 7:00 o'clock p.m. PRESENT: Mayor Branning, Councilmembers Fitzsimmons, Hayes, Holton and Savanick; Clerk. Asleson. ABSENT: None. Mayor Branning called the meeting to order at 7:00 P-m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. Rev. Dennis Nelson of Grace Lutheran Church gave the invocation. Mayor Branning asked the Council and Staff members to submit any additional items for the agenda or request deletion of any items on the agenda. MOTION: of Hayes, seconded by Holton, to table appointment of Commission and TABLE COM. Committee members. Ayes - 3 - Nays - 2 (Fitzsimmons and Savanick). APPOINTMENTS MOTION: of Savanick, seconded by Holton, to approve the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving the minutes of the meet- JAN. 12, 1977 ing of January 12th, 1977, as corrected. Ayes - 5 - Nays - 0. MINUTES The Council had invited the Chairpersons of all the Commissions and Committies to attend and report on their activities. Mr. Asleson noted the Chairpersons of the Human Rights Commission, Urban Affairs Committee and Planning Commission would not be able to attend. Robert Naegeli, representing the Park Committee, said it has been studying development of Alimagnet Park, an overall trail plan and reviewing concept plans for all 34 parks. It has also been giving consideration to holding a park bond issue referendum. Marlene Romain, representing the Historical Committee, reviewed some of the Bicentennial events it participated in during 1976 and said it is now nearing completion of a historical booklet. It is planning to begin work on building restorations. Charles Booth, representing the Cable TV Commission, said it completed an annual report and submitted it to the State. Recently the Commission has not been able to meet be- cause of vacancies on it. The next meeting is scheduled for February 22nd and representatives of the State Commission will be present. John Gretz reported on the activities of the Planning Commission and said it has been handling the "everyday" business, such as building permits, variances, conditional use permits, public hearings for various developments, etc. It has completed the zoning ordinance and plans to begin reviewing the Comprehensive Plan. MOTION: of Fitzsimmons, seconded by Hayes, accepting the resignation of Beverly Dean from the Planning Commission. Ayes - 5 - Nays - 0. DEAN'S P.C. RESIGNATION Mayor Branning requested a letter expressing the City's appreciation of Mrs. Dean's 14 years of service be sent. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 1977 Page - 2 MOTION: of Fitzsimmons, seconded by Hayes, accepting the resignation of Joanne Ellison from the Park Committee effective March 1st, 1977. Ayes - 5 - Nays - 0. ELLISON'S PARK RESIGNATION Mayor Branning also requested a letter of appreciation be sent to Mrs. Ellison. Mayor Branning read a proposed form for establishing a procedure to fill vacancies on Commissions and Committees and the Council discussed implementation of it. MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution No.1977- RES. 1977-14 14 establishing a procedure for appointments to Commissions and APPOINTMENT Committees when vacancies occur unless all Councilmembers are PROCEDURE present at a meeting. It also requires an individual's application to be on file before an appointment can be made. Ayes - 3 - Nays - 1 (Holton) (Hayes Abstained). Mayor Branning briefly reviewed a form for establishing by-laws for Committees and directed Staff to prepare one for each Committee for Council review at the next meeting. Mayor Branning read a proposal for establishing expiration dates of the terms of Committee members. This would apply to the Park, Urban Affairs, Historical and Police Advisory Committees. MOTION: of Hayes, seconded by Holton, to table consideration of establish- TABLE COMMITTEE ing terms of office of Committee members. TERMS OF OFFICE Councilmember Fitzsimmons said she would like to have this item resolved tonight. Vote was taken on the motion to table. Ayes - 1 (Hayes) - Nays MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977--- estab- lishing terms for Committee members to expire March 31, 1978, and on odd numbered years thereafter; members could also be removed from of- fice by a 4/5 vote of the Council. MOTION: of Savanick, seconded by Fitzsimmons, amending the above motion by set- ting the expiration date of February 1st, 1978. Ayes - 2 - Nays - 3 (Branning, Hayes and Holton). MOTION: of Holton, NO SECOND, amending the above motion to read members could be removed by a 3/5 vote of the Council. Amendment failed for lack of second. Vote was taken on the original motion with no amendments. Ayes - 2 Nays - 3 (Fitzsimmons, Holton and Savanick). Consideration of appointments of members to fill vacancies on various Commissions and Committees was tabled. MOTION: of Holton, seconded by Hayes, authorizing publication of the Human HUMAN RIGHTS Rights Commission's informational pamphlet when vacancies on that PAMPHLET Commission havebeen filled and distributing it to residents with the sewer and water bills. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January27, 1977 Page - 3 Mike Bassett introduced Colleen Anderson of the Apple Valley Area Federated Women's Club and the Council discussed the Club's proposal to operate a nursery school program. They would like permission to use the Westview Community Centerfor this program. Councilmember Savanick questioned whether this might be interfering with private enterprise. MOTION: of Savanick, NO SECOND, referring the proposal for a nursery school program to the Human Rights Commission for review. Motion failed for lack of a second. MOTION: of Fitzsimmons, NO SECOND, referring the proposal for a nursery school program to the City Staff for more information. Motion failed for lack of a second. MOTION: of Holton, seconded by Hayes, receiving the request of the Apple Valley Area Federated Women's Club to use the Westview Community Center for a nursery school program and tabling it until the next meeting. WOMBN'S CLUB NURSERY SCHOOL PROPOSAL Mayor Branning said Mike Bassett should not be designated as an advisor to this group, but he is available to help ail community groups. He asked Staff to review the question of committing public facilities for a permanent use and also review the need for this service. Vote was taken on the above motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, passing Ordinance No. 185 rezoning ORDINANCE 185 Greenleaf 11th and 12th Additions from M-1 (P.D.) and Agricultural REZONE G.L. to R-lC. 11th & 12TH Councilmember Savanick said she would like to see anupdate of the Comprehensive Plan before acting on any zonings. Mayor Branning asked Staff to prepare a calendar of events required to update the Comprehensive Plan and report on it in two weeks. Vote was taken on the motion. Ayes - 3 - Nays - 0 (Fitzsimmons and Savanick Abstained.) Motion failed because 4/5 vote is required on zonings. The Council discussed the legal implications of not rezoning this property with the Attorney. It has already given plat approval. MOTION: of Savanick, seconded by Fitzsimmons, to bring back the motion for Ordinance No. 185 before the floor. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, passing Ordinance No. 185 re- zoning Greenleaf 11th and 12th Additions from M-1 (P.D.) and Agricultural to R-lC. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, approving the amended Macro Planned Development Agreement, covering the land excluding Greenleaf 11th Addition, subject to insertion of the road policy in paragraph 15. Ayes - 5 - Nays - O. AMEND MACRO P.D. AGREEMENT Consideration of a revised zoning ordinance for Macro M-1 (P.D.) was tabled. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 1977 Page - 4 MOTION: of Holton, seconded by Hayes, approving the final plat and Agree- ment for Property Underwriters Addition, as revised, and authori- zing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. PROPERTY U.W. PLAT & AGREEMENT MOTION: of Holton, seconded by Hayes, accepting the 2.0 Million Gallon Water Reservoir as final from Chicago Bridge & Iron Company as recommended by the Engineer. Ayes - 5 - Nays - 0. FINAL ACCEPTANCE WATER RESEVOIR FIRESTONE SIGN VARIANCE MOTION: of Holton, seconded by Hayes, granting a variance for a 25-foot high monument type sign for the Firestone Store at Apple Valley Square. MOTION: of Fitzsimmons, seconded by Savanick, amending the motion for the sign variance allowing it to be flush with the top of the building. Ayes - 2 - Nays - 3 (Branning, Hayes and Holton.) Vote was taken on the original motion. Ayes - 4 - Nays - 1 (Fitzsimmons). The Council received the Engineer's preliminary report on Academy Village street improve- ments, Project 76-19, and referred it back for amendment. He was requested to include widening Garden View Drive from Westview School to County Road 38 and sidewalks on both sides of it. The Council received the Engineer's preliminary report on the Belmont Park Pond Outlet, Project 76-11, and the Engineer noted he would make a correction in the legal description included in the report. MOTION: of Hayes, seconded by Holton, passing Ordinance No. 186, amending Ordinance No. 162, changing some uses in B-3 and B-4 zones, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 186 AMENDS NO. 162 Representative Ray Kempe was present to hear any requests the Council might have for local legislation in this session of the Minnesota Legislature. He said the most pressing problem is transportation across the Minnesota River for Dakota County. A hearing on this is scheduled for February 9th at 12:00 Noon in Room 83 of the State Office Building. Tax levy limitations and local government aids were also discussed. Mayor Branning asked what would be needed to upgrade Cedar Avenue all the way south to County Road 70 to a State highway? Mr. Kempe said he would look into it. MOTION: of Fitzsimmons, seconded by Savanick, extending tonight's meeting EXTEND MEETING beyond 10:30 p.m. and tabling several items. Ayes - 5 - Nays - 0. ADJOURNMENT Consideration of the location of pedestrian trail at the Zoo entrance was tabled. MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1977-15 RES. 1977-15 approving the Agreements and Easements for Academy Village and ACADEMY VILLAGE authorizing the Mayor and Clerk to sign the same. Ayes - 5 - AGRMT & EASEMT. Nays - 0. Mr. Bill Dolan reviewed the preliminary plat of Heritage Hills 3rd Addition which also showed a connecting street through to Palomino Hills 6th Addition Replat. MOTION: of Hayes, seconded by Fitzsimmons, giving preliminary approval for H.H. 3RD Heritage Hills 3rd Addition and directing Staff to prepare a de- PRELIM. APPROVAL velopment agreement for Council consideration. Ayes - 4 - Nays - 1 (Savanick). CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 1977 Page - 5 Mr. John Voss reviewed the prelimtnaryplat of Nordic Woods 2nd Addition, at the re- quest of Mr. Vincent Storland the property owner. It is proposing lots for two-family units along 132nd Street and Foliage Avenue. Councilmember Fitzsimmons said she objects to connectin§ Foliage Avenue to the Zoo Entrance Road because it may encourage traffic in residential areas. Mr. Voss said the Planning Commission agreed with this connec- tion because it provides an alternate access to Cedar Avenue. MoTIoN: of Nolton, seconded by Hayes, giving preliminary approval for NORDIC WOODS 2 Nordic Woods 2nd Addition and directing Staff to prepare a develop- PRELIM. APPROV,. ment agreement for Council consideration. Ayes - 4 - Nays - 1 (Fitzsimmons). Councilmember Savanick commented that she voted in favor of this proposal because con- struction of the Zoo Entrance Road is involved, but she wants the Comprehensive Plan updated before taking action on other developments. Consideration of Central Telephone's application for overhead cables was tabled. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977-16 ap- proving plans and specifications for interior painting of the Redwood Water Tower and authorizing advertisement for bids to be received at 2:00 p.m. February 22nd, 1977. Ayes - 5 - Nays - 0. RES. 1977-16 WATER TOWER PAINTING BIDS RES. 1977-17 STOP & YIELD SIGNS RES. 1977-18 A.V. EAST BOND MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-17 ap- proving installation of various stop and yield signs, as listed. Ayes - 5 - Nays - 0. MOTION: of. Hayes, seconded by Holton, adopting Resolution No. 197-18 ap-. proving release of the performance bond written by CNA Insurance for Apple Valley East upon receipt by the City of $15,500.00. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, authorizing the Mayor and Clerk to REVISED LEASE execute a revised lease for a Police Department printer with Univac P.D. PRINTER at no change in cost to the City. Ayes - 4 - Nays - 0 (Branning Abstained). MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977-19 wri- ting off the amount of $10.43 against Liquor Store Operations for uncollectible bad debts. Ayes - 5 - Nays - 0. RES. 1977-19 WRITE OFF N.S.F: REIMBURSE GUN FOR MOODY RES. 1977-20 CLEANING CONTRACT MOTION: of Holton, seconded by Hayes, authorizing reimbursement to Brent Moody for a weapon damaged during City required Police training. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-20 awarding a one-year contract for cleaning services for City build- ings to Ultra-Brite Maintenance, the low bidder, at $581.00 per month. Ayes - 5 - Nays - 0. The Council received a memo from the Police Chief concerning recruitment of another officer and establishing a new eligibility list. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 1977 Page 6 MOTION: of Holton, seconded by Savanick, authorizing Fred Prom to attend the 1977 Municipal Finance Officers Association National Con- ference in Atlanta, April 17th through 21st, 1977. Ayes - 5 - Nays - 0. FINANCE OFFICER CONFERENCE MOTION: of Hayes, seconded by Savanick, authorizing hiring Jackie Green HIRE GYMNASTIC and Martha Driscoll at $6.00 per class and Elaine Hensel at $8.00 NSTRUCTORS per class for the gymnastics program. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, approving a technical correction in the legal description for Diamond Path Third Addition as rec- ommended by the Dakota County Surveyor. Ayes - 5 - Nays - 0. DIAMOND PATH PLAT CORRECTION Councilmember Holton asked whether the Council wanted to consider items for a quarterly newsletter or if there were other suggestions? It was agreed to table this item for two weeks for discussion. Discussion of the method of delivering Council meeting information packets was tabled. MOTION: of Savanick, seconded by Fitzsimmons, to bring back before before CONSIDER COM. the floor consideration of establishing terms of office for OFFICE TERMS Committee members. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1977-21 RES. 1977-21 establishing terms of office for Committee members to expire TERMS FOR COM- February 28, 1978, and February 28th in odd numbered years there- MITTEE MEMBERS after except any member could be removed by a 3/5 vote of the Council. Ayes - 5 - Nays - 0. Mayor Branning read a letter he received from Governor Perpich requesting local govern- ments to develop a plan for conservation of energy. The Mayor said he requests the Council to adopt a policy of setting thermostats in public buildings at 65/60, He also said he is asking the general public to help with energy conservation by turning off outdoor gaslights. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977-22 es- RES. 1977-22 tablishing energy conservation policies of setting thermostats at ENERGY CONS. 65/60 and complying with provisions of the Energy Supply Emargen- POLICIES cy dated January 18, 1977. Ayes - 5 - Nays - 0o Mayor Branning noted he had attended a meeting on the upcoming bond issue proposed by School District 196 and urges members of the general public to attend meetings on this and inform themselves about the bond issue. He requested that a member of the School Board be invited to the Council's February 10th meeting to discuss this also. MOTION: of Hayes, seconded by Holton, to pay the claims and bills, checks CLAIMS & BILLS numbered 2949 through 2957, 2959 through 2961 and 3582 through 3736, in the total amount of $455,604.46. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:35 o'clock p.m.