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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.