HomeMy WebLinkAbout01/26/1976CITY OF APPLE VALLEY
Dakota County, Minnesota
January 26, 1976
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held January 26th, 1976, at 7:30 o'clock p.m.
PRESENT: Mayor Largen; Councilmen Branning, Garrison, Hayes and Holton; Clerk Asleson.
ABSENT: None.
Mayor Largen called the meeting to order at 7:30 p.m. The Council members and everyone
in attendance took part in the pledge of allegiance to the flag. Councilman Garrison
gave the invocation.
Mayor Largen read a statement addressed to the City Clerk, City Council and Citizens
of Apple Valley amending his letter of January 12th, 1976, by withdrawing his resignation.
He said after reconsidering everything, he felt it was in the best interests of all con-
cerned that he finish his term.
Representative Ray Kempe was present to discuss items for Legislative action.
Councilman Garrison said the most important issue for Apple Valley would be to change
the population factor used in determining state aids. Rep. Kempe also said he did not
believe the moratorium on the use of electronic voting systems is necessary. In dis-
cussions with communities that have been using the system, he feels they are satisfied
with it. Councilman Branning pointed out that communities in approximately 40 states are
now using electronic voting systems and there is no need for Minnesota to study the sys-
tem further. Rep. Kempe also said a bill for state funding of Johnny Cake Ridge Road
is to be introduced, but it may not be possible to get all the funding requested. John
Voss commented on the review of the Zoo Environmental Impact Statement by the Metropolitan
Council and that it is also delaying action on the Zoo access roads. Rep. Kempe also
said Representative Robert Jensen is Chairman of the Dakota County Delegation and he
would have the entire Delegation review matters of concern and, hopefully, support them.
MOTION:
of Branning, seconded by Hayes, approving the minutes of the meet- Jan. 12, 1976
ing of January 12th, 1976, as written. Ayes - 5 - Nays - 0. MINUTES
Public Hearing - The Mayor called the public hearing to order at 8:06 o'clock p.m. on
the liquor license application of John D. Rezac for a Lemon Tree Resturant and read
the affidavit of publication. The City Clerk reviewed the background of the application
and the conditional approval granted in August of 1974. They were not financially ready
to proceed with the building at that time. John Rezgc was present and said they are
ready to begin construction and have arranged the necessary financing. The Mayor called
for any questions or comments from the Council and the audience. Councilman Hayes asked
when they expected to complete the building? Mr. Rezac said approximately June. There
being no further questions or comments, the Mayor declared the hearing closed at 8:10 p.m.
MOTION:
of Garrison, seconded by Branning, receiving the Planning Commission's BLDG. PERMIT
recommendation on a conditional use permit for a liquor operation and LEMON TREE
approving a building permit, as recommended by the Planning Commis- RESTAURANT
sion, for a Lemon Tree Restaurant in Apple Valley Commercial Addition.
Ayes - 5 - Nays - 0.
Marlene Romain, Chairperson of the Bicentennial Committee, was present and said the
ceremony and presentation of the Bicentehnial Flag to Apple Valley is scheduled for
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 26, 1976
Page 2
February 9th, 1976, at 7:00 p.m. before the City Council meeting. Lt. Governor Perpich
will make the presentation. Jim Morrisey, Funding Chairperson for the Committee, was
present and said the application for grant money must be submitted by February 1st, 1976.
The Committee must have one-third of any project grant request in cash before they can
submit the application and they were here to ask for some money from the City.
MOTION:
of Holton, seconded by Garrison, approving $l,000 for the Bicentennial
Committee to use for "seed money" to solicit other donations.
MOTION AND SECOND WITHDREW.
MOTION:
of Holton, NO SECOND, approving $500.00 for the Bicentennial Committee
to use for "seed money" and $500.00 for project funding for the year
1976. MOTION FAILED.
MOTION:
of Holton, seconded by Garrison, approving $l,000 to be given to BICENTENNIAL
the Bicentennial Committee for operating expenses and the City share COM. FUNDS
of project costs. Ayes - 5 - Nays - 0.
MOTION: of Branning, seconded by Holton, authorizing the purchase of a BICENTENNIAL
Bicentennial Community sign for $30.00 from the Highway Department HWY. SIGN
to be installed at the City boundary on Cedar Avenue. Ayes - 5 -
Nays - 0.
Mrs. Romain said the Bicentennial Committee will be meeting the second Tuesday of each
month at 7:30 p.m. at Valley Middle School. She also brought a Bicentennial Scroll for
the Council members to sign which will be presented by the Bicentennial Communities in
Minnesota to the wagon train.
Consideration of appointments to the Historical Committee was tabled.
Consideration of a reduction in the amount of the performance bond required by the
ordinance of the Cable Television franchiseholder was tabled.
MOTION:
MOTION:
of Holton, seconded by Garrison, approving the 1976 CATV Commission CATV COMMISSION
operating budget of $800.00. Ayes - 4 - Nays - 1 (Branning) BUDGET
of Holton, seconded by Branning, adopting Resolution No. 1976-8 ap- RES. 1976-8
proving the Bylaws for the CATV Commission and establishing terms of CATV BYLAWS
office for the members of the Commission. Ayes - 5 - Nays - 0.
Consideration of the assessment term for improvements as outlined in the Academy Village
Planned Development Agreement was tabled.
MOTION:
of Branning, seconded by Holton, adopting Resolution No. 1976-9 oppos- RES. 1976-9
ing House File 1867, a proposed study and moratorium on electronic ELEC. VOTING
voting systems. Ayes - 5 - Nays - 0. SYSTEMS
John Gretz reviewed the final changes made in the Environmental Assessment of the
Wildwood Planned Development Project. Mrs. Sandy Hoban, representing the residents
of the Wildwood townhouse area, commented on the position statement they would be filing
with the EQC. The basic disagreement they have with the Environmental Assessment is
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 26, 1976
Page - 3
that it compares the development of single family homes to the proposed townhouse use
rather than comparing the existing natural state to the proposed use. John Voss also
commented that much has been accomplished in discussions with the residents and the
developer and if the EQC orders an Environmental Impact Statement, it probably would
not accomplish much more than has been done.
MOTION:
of Garrison, seconded by Branning, adopting Resolution No. 1976-10
approving the Environmental Assessment of the Wildwood Planned
Development Project and directing that it be submitted to the
Environmental Quality Council. Ayes - 5 - Nays - 0.
RES. 1976-10
WILDWOOD
ENV. ASSESSMENT
NATWICK ADDN.
PLAT
MOTION:
of Holton, seconded by Hayes, approving the preliminary and final
plats of Natwick Addition northeast of Pennock and County Road 42,
as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
The staff was directed to grant a conditional occupancy permit for the office building in
Natwick Addition until the landscaping has been completed.
MOTION:
of Hayes, seconded by Holton, approving a variance for Lot 13, VARIANCE, LOT 13
Block 1, Timberwick First Addition for a house with a frontyard BLOCK 1,
setback of 28 feet and a rearyard setback of 20 feet as recommended TIMBERWICK 1ST
by the Planning Commission. Ayes - 5 - Nays - 0.
Consideration of Heritage Hills 2nd Addition Agreement and LaPaz 2nd Addition Agreement
was tabled.
Dr. John Bristol, Superintendent, and Mr. Wes Sorenson, of School District 196, were pre-
sent to discuss construction of an elementary school at the northwest corner of 160th
Street and Cedar Avenue. This location was chosen because of the need to serve the
Valley Park area and the additional development in the future of South Apple Valley.
They also said this location would make the building more saleable if, in the future,
the enrollment of the School District declined. The land around the school is proposed
to be developed jointly with the City for use as a park. No action was taken at this time.
Mr. Cal Merriman and Mr. Charles Radloff were present to review plans for the Diamond
Path Village Center. The City Clerk commented that inclusion of plans for an off-sale
liquor store were premature at this time and the City would have to hold an election on
whether to continue with a municipal off-sale liquor store before any commitments could
be made. Mr. Merriman said he understood this and believed that portion of the building
could have other uses also. He said they desire to be the Village Center developers in
total and are buying the entire 80 acres except for a small acreage exception. They do
intend to have another developer construct the single family home portion of the plans.
Mr. Merriman said they are starting with the small building because the services are needed
in the area now and though the building can be expanded, they intend to build the larger
center when enough tenants are acquired.
MOTION:
of Garrison, seconded by Holton, granting a variance for Diamond Path DIAMOND PATH
Center to begin with a building of 5,400 square feet and approving VARIANCE AND
a building permit as recommended by the Planning Commission, it be- BLDG. PERMIT
ing noted this does not change the minimum 20,000 square foot re-
quirement in the Agreement. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 26, 1976
Page - 4
The Alimagnet Lake Level Study Progress Report was received and Robert Rosene, the
Engineer, commented briefly on it. He also said one of the concerns of residents around
the Lake was to increase fishing.
MOTION:
of Branning, seconded by Hayes, approving Change Orders No. 2 Re-
vised of $8,097.53 and No. 3 Revised of $i5,383.49 to Project
74-77 on the Barbarossa contract for high school area utilities.
Ayes - 5 - Nays - 0.
CHANGE ORDERS
PROJECT 74-77
CHANGE ORDER
PROJECT 74-64A
MOTION:
of Holton, seconded by Branning, approving Change Order No. 3 Re-
vised of $18,762.18 to Project 74-64A on the Riegger Roadways con-
tract for Timberwick 1st Addition streets. Ayes - 5 - Nays - 0.
MOTION:
of Holton, seconded by Branning, approving Change Orders No. 1.add- CHANGE ORDER
ing $4,000.00 and No. 2 deducting $12,584.00 to Project 75-88 on PROJECT 75-88
the contract with Erickson Bros. for the Farquar Lake project.
Ayes - 5 - Nays - 0.
MOTION:
of Branning, seconded by Holton, adopting Resolution No. 1976-11
authorizing the revised Comprehensive Sanitary Sewer Plan of
Apple Valley to be submitted to the Metropolitan Waste Control
Commission for review. Ayes - 5 - Nays - 0.
RES. 1976-11
SANITARY SEWER
PLAN REVIEW
Fire Chief Richard Tuthill was present and said they will be moving into the new Fire
Station in about one week. There are still a few items to be completed, but they will be
able to occupy the~building. Also, the 1975 annual reports of the Fire Department were
received.
MOTION:
of Holton, seconded by Branning, approving hiring Robert Becka as a HIRE BECKA
fulltime employee, Parkkeeper I, effective November 1, 1975, at FULLTIME
$756 per month. Ayes - 5 - Nays - 0.
MOTION:
of Branning, seconded by Holton, authorizing Lyle Olson to attend
a Turfgrass Conference, for $40.00; Scott Lockling to attend Toro
Maintenance School, for $50.00; any staff members to attend the
Municipals Workshop, for $15.00 each and Richard Asleson and Fred
Prom to attend Program Budgeting Seminars at $175.00 each plus
necessary expenses. Ayes - 5 - Nays - 0.
CONFERENCES,
WORKSHOPS &
SEMINARS
PURCHASE
CHAIRS
MOTION:
of Branning, seconded by Garrison, authorizing the purchase of 85
chairs for City Hall and Fire Stations from Fireside Office Supply
at the low quote of $13.75 each. Ayes - 5 - Nays - 0.
MOTION:
of Holton, seconded by Garrison, accepting as complete and authori- FINAL PROJECT
zing final payment for Projact 74-71A Barbarossa & Sons for Apple ACCEPTANCES
Valley Commercial Addition utilities, Project 74-77A Barbarossa &
Sons for High School Area utilities and Project 75-87-1 Fischer
Construction Co. for Timberwick and Heritage Hills utilities. Ayes -
5 - Nays - 0.
MOTION:
of Garrison, seconded by Holton, authorizing the staff to prepare DAKOTA ELECTRIC
a presentation for Dakota Electric Association showing possible PRESENTATION
site locations and urging it to locate its new administrative build-
ing in Apple Valley. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 26, 1976
Page 5
MOTION:
of Garrison, seconded by Holton, authorizing staff to meet with DAKOTA COUNTY
Dakota County Officials to see if they would be interested in locat- GOV. FACILITY
ing the western government facility, proposed, in Apple Valley and if
so, could additional land be purchased for future City use or possibly
the City renting part of the building and also whether a branch library
could be located in the building. Ayes - 5 - Nays - 0.
Staff was requested to draft a resolution for Council consideration urging the Legislature
to pass a bill giving tax exempt status to townhouse associations.
Councilman Garrison said he received correspondence from John Boland, Chairman of the
Metropolitan Council, indicating they are now trying to hire staff personnel with govern-
ment experience. He also asked that the Council consider new liaison appointments for
this year at the next meeting.
A discussion was held concerning the Mayor's letter received by the City Council earlier
at this meeting.
MOTION:
of Branning, seconded by Holton, approving the claims and bills,
checks numbered 15228 through 15352, in the total amount of
$335,768.86. Ayes - 5 - Nays - 0.
CLAIMS & BILLS
MOTION: of Holton, seconded by Branning, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 11:36 o'clock p.m.