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HomeMy WebLinkAbout12/22/1977CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1977 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 22nd, 1977, at 4:00 o'clock p.m. ' PRESENT: Mayor Branning Councilmembers Fitzsimmons, Holton and Savanick; Clerk Asleson . ABSENT: Councilmember Hayes . Mayor Branning called the meeting to order at 4:15 o'clock pm. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Fitzsimmons, approving the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes - 4 - Nays , 0. MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of the ~ DEC. 8, 1977 meeting of December 8th, 1977, as .Written Ayes , 4 Nays . 0. MINUTES ~ Consideration of the final 19.78 budgets and the 1978 pay rates amd policies were tabled. Consideration of a proposed resolution related to an expense reimbursement policy for elected officials was removed from the agenda. . MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1977- RES. 1977-253 253 approving issuance of a Commercial Development Revenue Note, PERKINS IND. under the MinnesotaMunicipal and Industrial Development Act, REV. NOTE related to the Perkins Restaurant. Councilmember Fitzsimmons commented that Perkins Restaurant had erected the flagpole and flag without coming back to the Council for approval as had been requested and she wanted them to know the Council disagreed with this action. A vote was taken on the motion. Ayes - 3 Nays.- 1 (Savanick). . MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No?.. 1~77, ~RES. 1977-254 254 approving an on-sale and special Sunday on-sale liquor lic- BEEF "N' BREW enses for 1978 for Beef "N' Brew. Ayes - 4 - Nays - 0. LIQUOR LICENSE MOTION: of Holton, Seconded by Fitzsimmons, adopting Resolution NQ. 1977- RES. 19~7-255 255;approving an.on, sale and special Sunday on-sale liquor . APPLE ~LACE license for 1978 for Apple Place, Inc. d/b/a/ Apple Place, and L.IQUOR LICENSE waiving the requirement in Ordinance 135 for a ;financial starer Councilmember Fitzsimmons asked about waiving the requirement for a financiai statement. Mr. Asleson said the new owner obtained the license in September so not enough financial information is aYailable and financial information of the previous owner does not apply. Vote .was.taken on the motion. Ayes - 4 - Nays - 0 MOTION: of Fitzsimmons, seconded by.Holton, adopting Resolution No, . RES. 1977-256 1977-256 approving an on-sale and special Sunday on-sale liquor LEMON TREE license for 1978 for Lyndate Investment, Inc., d/b/a/ Lemon Tree LIQUOR LICENSE Restaurant. Ayes ~ 4 - Nays ~ 0. CITY OF APPLE VALLEY DAkota County, Minnesota December 22, 1977 Page 2 MOTION: of Fitzsimmons, NO SECOND, approving the final plat of Levine Subdivision of Lot 5, Block 2, Valley Commercial Park 1st Addition conditioned upon restricting truck traffic on 149th Street to trucks under 10,000 pounds. Motion died for lack of a second. MOTION: of Holton, seconded by Branning, approving the final plat of REPLAT VALLEY Levine Subdivision of Lot 5, Block 2, Valley Commercial Park COMML. PARK 1ST ~ 1st Addition as recommended by the Planning Commission. Councilmember Fitzsimmons said she believes restricting truck traffic in this area would help solve the traffic problems and keep from breaking up the road. Councilmember Holton said it is private property and the owners are responsible for maintaining the road and can permit truck traffic if they want it. Councilmember Savanick said she would like 149th Street upgraded to City standards. John Gretz said the western portion of i49th Street has been taken care of as the Council directed and the curb will be completed in spring. Mr. Rosene said he has looked at the eastern portion and curb and gutter are already in place and the street is 26 feet wide. Restricting truck traffic might help turning movements. Vote was taken on the motion Ayes - 3 - Nays - 1 (Fitzsimmons). MOTION: of Fitzsimmons, NO SECOND, accepting the Planning Commission's recom- mendation that Ordinance i62 remain unchanged with regard to setbacks for parking lots in industrial areas. Motion died for lack of a second. Mayor Branning asked this item to be referred back to the Planning Commission for it to consider the rationale for the specific setback footages and why they are as stated in Ordinance 162. He said they should look at what other communities have done and why also. He said he was not putting a specific ~ime on when this should be back to the City Council. MOTION: of Holton, seconded by Fitzsimmons, approving a building permit OFFICE BLDG. for an office building for the Spring Company on the northeast CEDAR & 147TH corner of 147th Street and Cedar Avenue as recommended by the Planning Commission. Councilmember Savanick asked what kind of sign would be permitted for this building? John Gretz said, under the present ordinance, a 40 square foot building sign is permitted. A representative of the Spring Company said they understand what kind of sign is permit- ted, but they will probably be 'asking for a variance for a free standing sign and understand there is no guarantee it will be approved. He also reviewed the building plans. Counciimember Savanick expressed concern over the parking lot access, the possi- bility of problems with the cars parking on the street and the distance to the building entrance from the parking lot. ~ Vote was taken on the motion. Ayes - 3 - Nays - 1 (Savanick). MOTION: of Fitzsimmons, NO SECOND, passing Ordinance No. __ remoning the Rollins property in Section 13 from Agriculture to E-2 as recommended by the Planning Commission. Motion died for lack of a second. MOTION: of Savanick, NO SECOND, to table action on rezoning of the Rollins property in Section 13 for 120 days, as permitted by State Law, to permit Dakota County to continue acquisition of this property, if it desires, for park purposes. Motion died for lack of a second. CITY OF A~PLE VALLEY Dakota County, Minnesota December 22, 1977 Page 3 MOTION: of Savanick, seconded by HOiton, to table action on rezoning of TABLE ROLLINS the RotlinSprpperty in Section 13 for 90 days, as permitted in REZONING OrdinanCe No 9, to permit Dakota County to continue acquisitien of this property, if it desires, for park purposes. Rodney Hienz, attorney for Mr. Rollins, said in September of 1974, Mr. Rollins was notified of the County's intent to acquire this property and nothing has happened since then. Recently the COunty made an offer t0 him and he refused it. Vote was taken on-the motion. Ayes - 3- Nays 1 (Fit.zsimmons). MOTION: of Holton, sec0ndedby Fitzsimmons, stating the Councils intent ROLLERWAY to approve an on-sale 3.2 beer license and setup license to be PERMITS used in conjunction with a dance license clerk Asleson reviewed the back round Of the dance permit andordinance and the previous conflict of State Law regarding liquor and dancing which has now been changed. Vote was taken on the-motion. Ayes - 4 Nays 0. MOTION: of Holton, seconded by Fitzsimmons, passing Ordinance No. 172 ORDINANCE 172 regarding dances and recinding the Council's motion of DANCE PERMITS August 13, 1975, related tO said Ordinance No. 172 as the ord inance has not as of this date, been published. Ayes 4 - Nays- 0. MOTION: of Holton sec0nded by Savanick, issuing a-dance permit to ROLEERWAY Apple ROllerway, inc at-7700 west 14?th Street for-1978 DANCE PERMIT under the provisions of Ordinance No. 59 as amended by WOrd- inance No. 172. Ayes - 4 - Nays - 0. MOTION: Of Holton seconded by Fitzsimmons, issuing a 1978 on sale 3.2 -ROLLERWAY beer license to Apple Rollerway, Inc at 7700 West l47th Street BEER PERMIT as provided by CitY Ordinance, subject to said license being- valid only when used in conjunction with a dance permit issued by the City of Apple Valtey Ayes - 4- - Nays - 0. MOTION: of Holton, seconded by Savanick authorlizing the execution, by :ROLLERWAY SET- the proper City Officials, of an application by Apple Rollerway, UP LICENSE · . Inc., at 7700 West 147th Steet, to the State of Minnesota for · a permit to allow consumption and display of int0xicating liquor in accordance with approPriate state laws., regulating such activity, subject to the provision being inserted on the application that any permit issued by the State of Minnesota shall be valid only when used in conjunction with a dance permit issued by the City of Apple ValleY, Ayes -41 Nays 0. MOTION: of Holton, seconded by Savanick, adopting Resolution ~No. 1977-. ~RES. 1977-257 257 approving assessment divisions for Forest Park property in ASSESSMENT Section 29, Palomino Lakeside MeadOwS sixth Addition Replat DIVISIONS ' Palomino Hills 7th Addition, Timberwick 4th Addition and E!and and Degidio prpperty in Sections 13 and 24. Ayes - 4 - Nays - CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1977 Page 4 MOTION: of Holton, seconded by Savanick, approYing the agreement with AGREEMENT the Metropolitan Waste Commission and the City of Burnsville MWCC AND whereby the trunk.sanitary sewer line serving the northwestern BURNSVILLE portion of Apple Valley, and located in Burnsville, would be acquired by the Metropolitan Waste Control Commission. Ayes - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1977- 258 awarding the contract for furnishings for the City Hall expansion to Fireside Office Supply, the second low bidder, in the amount of $12,913.00, in lieu of the award to P. M. Johnson Company by Resolution No. 1977-233 because it refused to accept the contract and forfeited the bid bond in the amount of $557.15. Ayes - 3 - Nays -.1 (Fitzsimmons). RES. 1977-258 CITY HALL FURNISHINGS MOTION: $15,569.88, both under the Hennepin County Contract, with the option to purchase an additional police car if the insurance company totals out the car which was recently in the accident. Ayes - 4 - Nays - 0. MOTION: of Holton,.seconded by Savanick, adopting Resolution No. 1977~ 259 awarding the purchase of water meters, for the next three years, to Badger Meter, Inc., the low bidder, for 5/8" meters with remote read at $36.57;. 1" meters at $54.83; 1½" meters at $155.40; 2" meters at $246.76; and remote reading units at 9.60. Ayes ~ 4 r Nays ~ 0. , MOTION: of Holton, seconded by Fitzsimmons, approving the purchase Of PURCHASE two administrative car~ from White Bear AMC, Inc.,~ for VEHICLES $8,063.69 and three police cars from Suburban Chevrolet for RES. 1977-259 PURCHASE WATER METERS MOTION: of Holton, seconded by Fitzsimmons, approving hiring Robert HIRE POLICE Slonina and Merle Lohse as PoliDe Officers effective OFFICERS January 9th, 1978, at $1,026..00 per month. Ayes V 4 - Nays i' 0. MOTION: of Holton, seconded by Fitzsimmons, authorizing Lyle Olson to GOLF SUPT. attend the International Turf Grass Conference in San Antonio, CONFERENCE Texas, February 12, to 17, 1978. Ayes - 4 , Nays - O. MOTION : of Holt0n seCOnded by Fitzsimmons, approving~hiring'Klm Myers HIRE PARTTIME as a pool Superuisor at $3.50 hourly, Michelle Streed and Wade EMPLOYEES Engborg as Skating Instructors at $2.75 hourly and Lori Boals as a volunteer Skating Instructor effective December 22, 1977. Ayes - 4 - Nays - 0 MOTION: Of savanick, seconded by Fitzsimmons, suspending the rules for SUSPEND APPT. committee appointments for this meeting as established by RULES Resolution No. 1977-!~. Ayes - 4 - Nays - 0. MOTION: Of Fitzsimmons, sedonded by Savanick, appointing Joseph B. APPOINT BELL Bell to the Park Committee. Ayes - 4 - Nays - 0. PARK COMMITTEE MOTION: of Fitzsimmons, seconded by Savanick, appointing Lois Puckett to the Historical Committee. Ayes - 4 - Nays - 0. APBOINT PUCKETT HISTORICAL COMM. Councilmember Fitzsimmons said she would like to ask Mrs. Angell to remain on the Historical Committee until a replacement for her can be found, which she has volumteered to do. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1977 Page 5 MOTION: of Savanick, seconded by Fitzsimmons, accepting the resignation ANGELL HIST. of Jane Angell from the Historical Committee and appointing her. COM. RESIGNATN. as an associate member of that Committee. Ayes -4 ~ Nays~r.0, . Mayor Branning said Mrs. Angell should be thanked for her time and a certificate of appreciation given to her Consideration of a revised policy for usage of the.Apple Valley ~9~zRaaquet Club was tabled. MOTION: of Holton, seconded by Savanick, authorizing installation of street lights at 147th Path and Pilot Knob Road, Garden View Drive and 143rd Street, Ellice Trail and Pilot Knob Road and Ellice Trail and Johnny Cake Ridge Road. Ayes - 4 - Nays - 0. STREET LIGHT INSTALLATIONS The Council recieved notice of the Association of Metropolitan Municipalities general membership meeting to be held January 5th, 1978. MOTION: of Savanick, seconded by Fitzsimmons, approving the final plat of Apple Valley Industrial Park 1st Addition and waiving the development agreement. Ayes - 4 - Nays - 0. A.V. IND. PARK FINAL PLAT RES. 1977-260 RESET VACATION HEARING MOTION: of Fitzsimmons, seconded by Savanick, adopting Resolution No. 1977-260 rescheduling the hearing on vacation of a part of Birchwood Drive, set by Resolution No. 1977-251, for 8:00 p.m. on January 26th, 1978. Ayes - 4 - Nays - 0. Mayor Branning said he would like the City to address several items related to the Zoo Access Road and send a letter to the Highway Department to be made part of the public hearing records. Some of the items are a half diamond interchange at Cedar Avenue and 127th Street, frontage road location, construction schedule, trail location, land acquisition and the transition from a four-lane divided road to a two-lane undivided road on Cedar Avenue. He asked Mr. Rosene and Mr. Gretz to prepare a letter on this for Council review at the January 12th meeting. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1977- RES. 1977-261 261 thanking Dakota Ambulance Service and Midwest Med-Kab, Inc., AMBULANCE for the past service provided bo the City. Ayes - 4 - Nays - 0. Mayor Branning asked if the Council had any further comments on the proposal of Councilmember Savanick at the December 8th meeting to have a Community Services Director over the planning and engineering functions of the City. Also under this position would be Public Works Director and staff Planner. Councilmember Holton said he agreed with it. Councilmember Savanick said drafts of the Job descriptions for these positions ~hould be available at the first Council meeting in January. MOTION: of Fitzsimmons, seconded by Savanick, setting a special City SET SPECIAL Council meeting for December 29th, 1977, at 5:00 p.m. Ayes - 3 MEETING - Nays - 0 (Holton abstained). CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1977 Page 6 MOTION: of Savanick, seconded by Fitzsimmons, to pay the claims and bills, checks numbared 6472 through 6483, 6487 through 6494 and 7322 through 7447, in the total amount of $981,815.95. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Fitzsimmons, to adjourn. Ayes - 4 - Nays - O. The meeting adjourned at 6:23 o'clock p.m~