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HomeMy WebLinkAbout12/08/1976CITY 0FAPPLE VALLEY Dakota County, Minnesota December 8, 1976 Minutes of the meeting of the City Council of Apple Valley~ Dakota County, Minnesota, held December 8th, 1976, at 7:00 p.m. PRESENT: Mayor Largen; Councilmembers Garrison, Hayes, Holton and Branning (attended at 7:23 p.m.); Clerk Asleson. ABSENT: None. Mayor Largen called the meeting to order at 7:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. Mayor Largen gave the invocation. MOTION: of Garrison, seconded by Holton, approving the minutes of the meet- NOV. 23, 1976 ing of November 23rd, 1976, as written. Ayes - 3 - Nays - 0 MINUTES (Largen Abstained), Councilmember Hayes commented on a proposed ordinance amending the existing snowmobile ordinance by allowing snowmobiling on Alimagnet, Farquar and Long Lakes. MOTION: of Hayes, seconded by Garrison, referring the proposed amendment to REFER SNOWMOBILE Ordinance No. 182 to the Urban Affairs Committee for clarification AMENUMENT TO as to whether it intended to allow snowmobiling on lakes and to the COMMITTEES Park Committee for consideration of the question of public access to lakes; both Cecommendations to be made to the Council in two weeks. Jim Moser, of Alimagnet Lake, said he understands the present ordinance does not allow snowmobiling on the lakes. He also said he understands the Park Committee is going to recommend no motorboats be allowed on Lake Alimagnet and allowing snowmobiling would defeat the purpose of maintaining this as a natural park area. He said Burnsville does not allow snowmobiling and Apple Valley should adopt the same policy. He also questioned how the ordinance would be enforced and said it would be easier to enforce a no snowmobiling policy than to police hours of operation. Councilmember Holton said, as the ordinance now stands, snowmobiling is permitted on lakes, which the Department of Natural Resources considers public bodies of water, by State law. In order for communities to regulate the hours for operating snowmobiles on lakes, they must apply to the Department of Natural Resources for approval. Councilmember Branning attended at this time. Mr. Moser asked the Council to delay con- sideration of an amendment to this ordinance for one month rather than two weeks to give the public a chance to respond. John Houston, of Farquar Lake, also asked the Council to delay considering an amendment to the ordinance until the public has been informed of it. James Sheldon, City Attorney, said the DNR controls public waters in the State. The City can make reasonable regulations and apply for approval as long as the regulations do not conflict with State law. As the present ordinance stands, it does regulate the hours of operation of snowmobiles. The Clerk asked Mr. Sheldon if the ordinance is not amended tonight, is snowmobiling permitted on lakes in the City? Mr. Sheldon said yes{ but the only access to the lakes is from private property, with the owner's permission, not over any City property. Councilmember Holton said he believed no change was needed in the ordinance, the City should apply to the DNR for approval of the regulations imposed in the ordinance. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 1976 Page - 2 Mrs. Jorgenson, of Long Lake, presented a petition signed by people in the Long Lake area opposing allowing snowmobiling on the lake because of the concern for children's safety. Don Romain commented on enforcement of the ordinance and said the only enforcible ordinance would be to prohibit snowmobiling on the lakes. Tim Lindbo, of Long Lake, presented a petition signed by people in the Long Lake area supporting snowmobiling on both Long and Farquar Lakes. Marlene Romain commented on child safety for ice skating on the lakes and asked whether some regulations are provided by the DNR. Jim Moser asked the Council to request the DNR to prohibit snowmobiling on the City's lakes because it is a hazard. Mrs. Lindbo, of Long Lake, said they live on the lake and do not want to lose their right to snowmobile on it. They are also concerned for children's safety, but believe members of snowmobile clubs and residents along the lakes can help control snowmobiles. Barbara Savanick said the people deserve to have a public hearing on this question and a right to be heard and suggested it should be a formal public hearing. The Clerk said a legally advertised public hearing is not necessary, but a public meeting can be held and conducted ~in the same manner as a public hearing. The Council also said questions on {he City!s liability in allowing snowmobiling on lakes and park.property should be reviewed by staff for the next meeting. The Mayor asked the staff to determine what requirements have been established by the Federal Government con- cerning property purchased with Federal funds. Part of Alimagnet Park was purchased under a Federal grant. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Holton). MOTION: of Hayes, seconded by Holton, submitting the present Ordinance No. 182 to the Department of Natural Resources and asking for its approval of the regulations. The Council discussed and agreed to hold a meeting on an amendment to the ordinance and receive public input before making any request to the Department of Natural Resources. Both the above motion and second were withdrawn. MOTION: of Garrison, seconded by Holton, approving a transient merchant license for Cub Scout Pack No. 290 for a period of five years. Ayes - 5 - Nays - 0. CUB SCOUT TRANSIENT MERCHANT LIC. Members of Cub Scout Pack No. 290 were present and said they will be soliciting door-to- door for food items to be given to the Community Action Council. The Clerk reviewed the permit applications for various gravel operations in the City. noted the Northwestern gravel pit has completed excavation and will be hauling out the stockpiles and cleaning up during the next year. He MOTION: of Garrison, seconded by Hayes, approving gravel excavation permits GRAVEL COMPANY for the years 1975, 1976 and 1977 for McNamara-Vivant Contracting EXCAVATION Co., Nordic Square and Northwestern Gravel Company for the years PERMITS 1972 through 1977 for Seed-Kraemer Gravel Operations. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 1976 Page - 3 MOTION: of Branning, seconded by Holton, approving the Developemnt Agreement TIMBERWICK 3RD for Timherwick Third Addition; waiving the requirement for a fin- DEVELOPMENT ancial guarantee in paragraph 7, because some lots are already sold; AGREEMENT having the appropriate bond amount inserted in paragraph 10 and authorizing the Mayor and Clerk to sign the Agreement. Ayes - 5 - Nays - 0. Mike Bassett said he has reviewed the preliminary plat for Johnson's Addition north of Ellice Trail and east of Johnny Cake Ridge Road, and computed an estimated amount for park dedication requirements. Councilmember Branning said he believed the park dedication requirements for this property were satisfied when the right-of-way for Ellice Trail was dedicated. Staff will review this question. MOTION: of Garrison, seconded by Branning, approving the preliminary plat for M.D. Johnson's Addition and directing staff to prepare the agreement. Ayes - 5 - Nays - 0. PRELIM. PLAT JOHNSON ADDN. John Voss reviewed the proposed Highland Hills development northwest of County Road 38 at Garden View Drive which was tabled from the last meeting. The Planning Commission has reviewed it and suggests providing a pathway easement from the Apple Valley Development Partnership property west of this to Belmont Park. It also said consideration should be given to installing a lift station for the pond in Belmont Park to drain the overflow to a pond to the west. MOTION: of Garrison, seconded by Branning, approving the preliminary plat in concept and directing staff to prepare a draft of a development agreement. Ayes - 5 - Nays - 0. HIGHLAND HILLS PRELIM. PLAT The Council tabled consideration of an excavation permit for Highland Hills until a draft of the development agreement has been reviewed. MOTION: of Holton, seconded by Hayes, directing the Engineer to prepare a preliminary report for installation of a storm sewer lift station in the pond in Belmont Park. Ayes - 5 - Nays - 0. PRELIM. REPORT BELMONT POND LIFT STATION The Council was asked to consider a building permit for a dental clinic on Lot 6 of Block 2 in Valley Commercial Park 2nd Addition. Mayor Largen commented on land uses designated under the Comprehensive Plan with a downtown center. Councilmember Garrison also said certain uses are permitted in the Apple Valley Commercial Addition and different uses are permitted in Valley Commercial Park 2nd Addition. John Gretz said, under the zoning ordinance, offices are permitted in B-3 districts which this is. John Voss said offices are permitted in B-3 districts and clinics for human care are permitted in B-4 districts. He said the Planning Commission did try to discourage this use in Valley Commercial Park 2nd Addition, but if it is called an office, it is legally permitted there. Mayor Largen said the owner of Valley Commercial Park 2nd Addition is aware of the uses intended for it which are heavier commercial uses and the City's intent to have professional offices in B-4 districts. Councilmember Hayes asked what is the difinition of an office? Dr. Simons, who wants to build the clinic, said under state law the word clinic cannot be used on a sign for dentists, it must be called a dental office. He said the question is what is permitted under B-3 zoning and an office is. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 1976 Page - 4 Mayor Largen said the zoning ordinance was adopted to benefit property owners and pro- tect their interests. This type of building would be of more value in the proper zoning area where the uses around it are compatible. The Mayor asked if something could be worked out to satisfy both the property owner and the City. Dr. Simons said he wanted the lot at that location because of the exposure to Cedar Avenue, but would be willing to discuss this further with the staff. MOTION: of Largen, seconded by Hayes, directing City staff to work with Dr.DENTAL CLINIC Simons in finding an alternative location for his building and re- LOCATION port back to the Council in two weeks. Ayes - 5 - Nays - 0. John Voss said the Planning Commission is scheduling a public hearing for January 5th, 1977, to consider revisions to the zoning ordinance. Councilmember Holton left the room at this time. MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-199 RES~ 1976-199 dividing special assessments, as listed. Ayes - 4 - Nays - 0. ASSMT. DIVISION MOTION: of Garrison, seconded by Hayes, approving a purchase agreement for Well No. 7 property from Raymond Fischer for $500~00 and authorizing the Mayor and Clerk to sign the agreement. Ayes - 4 - Nays - 0. PURCHASE AGRMT. WELL PROPERTY RES. 1976-200 ADVERTISE FOR WELL NO. 7 ACCEPT PROJECT 76-3A MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-200 approving plans and specifications for the well portion of Well No. 7 and authorizing advertisement for bids to be received January llth, 1977, at 2:00 p.m. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Garrison, approving Change Order No. 1 of $774 to Project 76-3A and accepting it as final from Riegger Roadways, street improvements in Heritage Hills 2nd Addition. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Garrison, approving Change Order No. 6 ACCEPT (revised) of $83,037.90 to Project 74-54A and accepting it as PROJECT 74-54A final from Fredrickson Excavating, utility improvements in Green- leaf 9th and part of Greenleaf llth Additions. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Branning, accepting as final Project 74-64A from Riegger Roadways, street improvements in Timberwick First Addition and 145th Street and Hayes Road. Ayes - 4 - Nays - 0. ACCEPT PROJECT 74-64A MOTION: of Garrison, seconded by Hayes, adopting R~solution No. 1976-201 RES. 1976-201 approving plans and specifications for Project 76-17, water service PROJECT 67-17 to Lot 3 of White Oak Ridge Addition, and approving Change Order P & S & C.O. No. 1 to Project 75-90 of $1,735.00 to install the water mains. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Branning, authorizing the purchase of PURCHASE three Chevrolet Novas for police cars through Hennepin County POLICE CARS Purchasing Organization in an amount of $14,056.26. Ayes - 4 - Nays - 0. Councilmember Holton returned to the room. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 1976 Page - 5 MOTION: of Garrison, seconded by Holton, approving a transient merchant TRANSIENT license for Dakota County Vo-Tech School for five years and for MERCHANT LIC. 1976 for Handcrafts by Handicapped of Minnesota, Inc. Ayes - 5 - Nays - 0. The Council took no action on the transient merchant license application of Southview Seventh Day Adventist Church and said unless they are selling something, they do not need the license. The Council received a memo on the proposed Metropolitan Councill Investment Framework Guide Chapter. A hearing is scheduled for December 9th on it and the Association of Metropolitan Municipalities will be commenting on this Chapter. The Clerk said Barbara Savanick has expressed an interest in serving on the Metropolitan Council's Transportation Advisory Board. The Association of Metropolitan Municipalities will be making nominations for the appointment to the Board. MOTION: of Holton, seconded by Branning, recommending that the Association SAVANICK TRANS. of Metropolitan Municipalities nominate Barbara Savanick to the ADVISORY BOARD Metropolitan Council's Transportation Advisory Board. Ayes - 5 - Nays - 0. A status report on the proposed Dakota County western office facility was received by the Council. MOTION: of Branning, seconded by Hayes, setting special meetings for Dec- SET SPECIAL ember 22nd, 1976, at 3:00 p.m., on the budget, and December 29th, MEETINGS 1976, at 7:00 p.m., both at City Hall. Ayes - 5 - Nays - 0. The staff requested the Council to designate a Councilmember as liaison for working with the staff on Municipal Building construction matters. Councilmember Holton said he would volunteer to be that liaison and the Council agreed. MOTION: of Branning, seconded by Holton, transferring Patricia Sullivan FULLTIME and Cindy Duff from permanent parttime to fulltime Dispatcher DISPATCHERS status retroactive to July 17, 1976. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, authorizing staff to proceed with recruitment of additionai Dispatchers so as to establish an eli- gibility list for future use. Ayes - 5 - Nays - 0. · RECRUITMENT OF DISPATCHERS MOTION: of Garrison, seconded by Hayes, approving hiring Carolyn Hennen, HIRE PARTTIME Christine Lindstrom, Marlene Sherman, Lisa Wilson, Cheryl Lan- EMPLOYEES grand, Kerri Hewes, Ellen Tousignant, Dave Korthauer, Dena Hen- derson and Randy Mitchell at the Ice Arena; Tim Conboy at the swimming pool; and Ralph Ferrara, Bob Newell, Eugene Tucker, Raymond Arsenault and Charles Glander as basketball referees all at salaries as listed on the memo dated December 6, 1976. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Branning, authorizing payment of 75.3 hours of accrued "comp." time to Lt. Lloyd Rivers, as requested by him. Ayes - 5 - Nays - 0. PAY RIVERS COMP. TIME CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 1976 Page - 6 MOTION: of Holton, seconded by Hayes to pay the claims and bills, checks numbered 2907 through 2914, 3248 through 3329 and 3336 through 3357, in the total amount of $387,846.59. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Branning, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:08 o'clock p.m.