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HomeMy WebLinkAbout07/08/1974CITY OF APPLE VALLEY Dakota County Minnesota July 8, 1974 Minutes of the meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, held on July 8th, 1974 at 7:30 o'clock p.m. PRESENT: Mayor Largen; Councilmen Cozine and Garrison, Clerk Asleson. ABSENT: Councilman Branning. Mayor Largen called the meeting to order at 7:30 o'clock p.m. All residents attending took part in the pledge of allegiance to the flag. Mayor Largen gave the invocation. MOTION:. of Cozine, seconded by Garrison to appoint William F. APPOINT HOLTON Holton to fill the Council seat vacated by the resignation TO COUNCIL of Jerald Goodoien. Ayes 3 - Nays - 0. MOTION: of Cozine, seconded by. Garrison, to accept William Holton's CIVIL DEFENSE resignation as Civil Defense Director effective July 8th DIR.RESIGNATION 1974. Ayes - 3 - Nays - O. William Holton was then sworn in as a member of the City Council by City Clerk Richard Asleson and took his seat on the Council. · MOTION: of Garrison, Seconded by Cozine, to adopt Resolution No. RES. 74-89 1974-89 authorizing advertisement for bids for an ambulance AMBULANCE BIDS to be received July 29th, 1974, at 2:00 p.m. at City Hall. Ayes - 4 - Nays ~ O. MOTION: of Garrison.seconded by Cozine, approving a time and temperature sign for First Federal Savings & Loan of Hastings up to the maximamheight allowed by City ordinance located northeast of the building with the exact location to be determined by Councilman Garrison John Gretz and the petitioner. Ayes - 4 - Nays - 0. 1 ST FEDERAL S & L SIGN Public Hearing - The Mayor called the public hearing on Project 74-69 (storm sewer in Pennock and County Road 42-Cedar area) to order at 8:08 p.m. and read the affidavit of publication. Robert Rosene showed the area to be drained by the 'proposed storm sewer and also showed closing the ditch along the north side of County Road 42 from Pennock to Cedar. The area to be assessed would be the drainage area. Robert Carroll asked how many acres of his land would be assessed and he was told that would have to be determined by the drainage. There being no further questions Or comments the Mayor declared the hearing closed at 8:30 p.m. Public Hearing - The Mayor called the public hearing on the liquor license application o£ Zvi Liberman, dba Beef N' Brew to order at 8:30 p.m. and read the affidavif of publication. The Clerk commented that since the State law was changed the Council would to able to issue more liquor licenses and would have to determine where and when. Mr. Mike Watkins said he sees nothing wrong with it, it is a nice family restaurant. Mr. Richard Ehalt said he also would like to see the restaurant serve liquor. At this time the hearing was held until a quorum of the Planning Commission could be present. CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1974 Page 2 MOTION: of Garrison, seconded hy Largen, amending paragraph 5.D(2) of the Apple Valley Development Partnership Agreement originally approved April 8, 1974, to continue the zoning for a Hotel- motel for two years after the opening of 35E on its present alignment but no longer than the term of the contract. Ayes - 3 - Nays - 0 (Holton abstained). A.V. DEV. PART- NERSHIP AGREEMENT Public hearing on the liquor license application of Zvi Liberman was continued at 8:55 p.m. John Voss commented on parking relating to a liquor facility and said the Planning Commission should review it. It.was also suggested that perhaps by having employees park behind the building the situation would be helped. There being no further questions or comments, the hearing was closed at 8:59 p.m. Public hearing - The Mayor called the public hearing on the liquor license application of John D. Rezac for the proposed Lemon Tree Restaurant to order at 9:00 p.m. and read the affidavit of publication. The Clerk commented that the petitioner has substantially changed the building plan from that seen before. The floor Dian of the building was shown with two dining rooms and a lounge. Mr. Rezac introduced Mr. James Assimes as half owner of the restaurant who commented on the service features of the restaurant with an open barbeque in the large dining room. There being no further questions or comments, the Mayor declared the hearing closed at 9:25 p.m. John Voss commented on the Metropolitan Council's Growth Policy draft and said a hearing is scheduled at Hastings on Monday July 15th 1974. He said they have included Apple Valley as an urban area and the Mayor said he felt it would be to Apple Valley's benefit if more of the area surrounding Apple Valley were also included as urban area. A statement will be prepared and submitted at this hearing by the Mayor and John Voss. Jerry Bell commented on the Metropolitan Council's Open Space draft. He said 12 parks in the metropolitan area were to be acquired under the grant 320 acres of which would be east of the Zoo site and west of the golf course. The County would have to provide maintenance funds for the open space. The Environmental Transportation Committee is considering the proposal and a public hearing will be held July 16th, 1974. MOTION: of Cozine seconded by Holton, to adopt Ordinance No. 146 re- ORDINANCE 146 zoning Lot 1, Block 8, Apple Valley 1st Addition from R-lC to REZONING G.V. R-2 which would permit a two-family home. Ayes - 4 - Nays - O. DRIVE MOTION: of Cozine seconded by Holton granting a variance in the minimum size of Lot 1, Block 8 to 11,250 square feet and a rear yard set back variance from 30 to 10 feet for Lot 1~ Block 8, Apple Valley 1st Addition. Ayes - 4 - Nays - O. VARIANCES ON LOT 1 BLOCK 8 A.V. 1ST ADDN. The staff was directed to Write a letter to the Mobil station on the corner of Garden View Drive and County Road 42 asking that the fence behind it be repaired. MOTION: of Garrison, seconded by Cozine, to adopt Resolution No. 1974- RES. 74-96 90 awarding the street improvement bids on Valley Commercial PROJECT 73-53(2) Park 2nd Addition Project 73-53(2)' to Fischer Construction BID AWARD the low bidder in the amount of $195,701.00. Ayes - 4 - Nays -0. CITY OF APPLE VALLEY Dakota County Minnesota July 8, 1974 Page 3 MOTION: of Garrison, seconded by Holton approving Change Order No, PROJECT 73-49 1 to Project 73-49 in the estimated amount of $1,800.00 to CHANGE ORDER 1 complete the pathway at 147th Street and Cedar Avenue. Ayes - 4 - Nays - O. Consideration of a change order for ditch grading by the Bank was tabled. MOTION: of Holton, seconded by Cozine approving Change Order No. 2 PROJECT 73-49 to Project 73-49 in the estimated amount of $6,200.00 for CHANGE ORDER 2 grading the corner for the service drive at 42 and Cedar so the Burger King parking lot can be completed. Ayes - 4 - Nays O. MOTION: of Garrison, seconded by Cozine to adopt Resolution No. RES. 74-91 1974-91 ordering Project 74-69, storm sewer north of County ORDER PROJECT Road 42 from Pennock to Cedar Avenue. Ayes - 4 - Nays - O. 74-69 MOTION: of Cozine, seconded by Holton, to adopt Resolution No. 1974- RES. 74-92 92 approving plans and specifications for Project 74-56, APPROVE P & S water mains to pumphouse # 5, and Project 74-69 storm sewer 74-56 & 74-69 improvements along the north side of County Road 42 between Pennock and Cedar Avenue. Ayes - 4 - Nays - 0. MOTION: of Garrison seconded by Cozine, to adopt Resolution No. 1974-93 authorizing advertisement for bids for Project 74- 56, water mains, and Project 74-69, storm sewer, to be received August 12, 1974 at 2:00 o'clock p.m. Ayes - 4 - Nays 0. RES. 74-93 BIDS PROJECTS 74-56 & 74-69 MOTION: of Cozine seconded by Garrison, to adopt Resolution No. 1974-94 approving plans and specifications for Project 74- 62, street improvements for the service drive at County Road 42 and Cedar Avenue. Ayes - 4 - Nays - O. RES. 74-94 APPROVE P & S PROJECT 74~62 motion: of Holton, seconded by Cozine, to adopt Resolution No. 1974 95 authorizing advertisement for bids Tot Project 74-62, street improvements at 42 and Cedar service drive~ to be received August 12, 1974, at 2:00 o'clock p.m..Ayes - 4 Nays - O. motion: of Cozine, seconded by Holton, to adopt.Resolution No. 74- 96 approving plans and specifications for Project 74-56, pumphouse for Well # 5, Ayes - 4 - Nays - O. RES. 74-95 BIDS FOR PROJECT 74-62 RES. 74-96 APPROVE P & S PROJECT 74-56 MOTION: of Holton, seconded by Cozine to adopt Resolution No. 1974- 97 authorizing advertisement for bids for Project 74-56, pumphouse for Well # 5, to be received August 12, 1974, at 2:00 o'clock p.m. Ayes - 4 - Nays - O; RES. 74-97 BIDS PROJ. 74-56 CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1974 Page 4 MOTION: of Cozine, seconded by Holton, accept Project 73-53(1) Valley ACCEPT PRoJEcT Commercial Park 2nd Addition street grading, as complete accord- 73~53 (1) !ng to the Engineerls recommendation and approve final payment to the contractor Hoffman Bros. Inc. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Cozine to accept Project 73-52~ 132nd Street utilities, as complete according to the Engineer's recommendation and approve final payment to the contractor, Erickson Bros, Inc. Ayes - 4 - Nays ~ O. ACCEPT PROJECT 73-52 MOTION: of Holton, seconded by Cozine, to accept the Greenleaf 6th ACCEPT G.L. Addition utility project as complete according to the Engineer's 6TH UTILITIES recommendation and approve final payment to the contractor, Erickson Bros., Inc. Ayes - 4 - Nays - 0. MOTION: of Cozine, seconded by Holton, approving modification to the WATER TO~R telephone system connecting the Palomino Water Tower with the TEL. SYSTEM 140th Street well site. Ayes - 4 - Nays , 0. A sign variance request by the Lions Club was Considered and the Club was asked to con- tact other civic organizations in Apple Valley to see if they could consolidate and put one sign at the entrances to Apple Valley. They will report back in two weeks. MOTION: of Garrison, seconded by Holton, to grant a variance for a MEDICAL lighted sign for the Apple Valley Medical Center with the sign CENTER SIGN located at Galaxie Avenue and County Road 42 for one year. Ayes - 4- Nays - O. The Park Director's request for a control fence along a residential lot by the tennis courts in Greenleaf Park was considered. He was asked to discuss the matter further and determine whether planting a hedge might be acceptable. MOTION: of Cozine seconded by Holton, to approve a cigarette license for the Burger King restaurant to expire December 31, 1974· Ayes - 4 - Nays - O. CIGARETTE LIC. MOTION: of Garrison, seconded by Holton, to adopt Resolution No. 1974-98 RES. 74-98 determining ,holiday pay for permanent part-time employees. HOLIDAY PAY Ayes - 4 - Nays - O. The Dakota County Thoroughfare Plan was received and the Clerk was directed to draft a letter to the County and enclose the statement on it previously written by the City also stating Apple Valley expects to be included in discussions to be held. Request by the Zoological Board for Fairgreen Avenue improvements was received. Planning Commission minutes of June 19th and 27th, 1974, were received. The May 1974 Police Reports received and Councilman Cozine also asked that future reports include information on potential problem situations and prevention of them. Copy of June 24th, 1974, City of Apple Valley's letter to Trans Union was received. CITY OF APPLE VALLEY Dakota County Minnesota July 8, 1974 Page 5 The Park Director reported that trees from the golf course would not be acceptable for replanting on the boulevards so the City will participate in half the cost of a bare root tree as discussed at the meeting of June 24th, 1974. Notice of a July 31st, 1974, meeting at Apple Valley with John Boland, Chairman of the Metropolitan Council was received. A report from Lakeville's Councilman Mako was received, notifying Apple Valley of a meeting on Cable TV July 16th, 1974 at 1:00 p.m. Councilman Cozine wilt attend. MOTION: of Garrison, seconded by Cozine, to adopt Resolution No. 1974-99 releasing deposit collateral with the First State Bank of Rosemount. Ayes - 4 ~ Nays - 0. RES. 74-99 BANK COLLATERAL Review of quotations on a four-wheel drive vehicle for the golf course was tabled. Some discussion of investigation the Oak Wilt tree disease problem in Apple Valley was held. Jerry Bell said he has a list of possible cases from Roger Tadsen to be checked out and they are doing that now. MOTION: of Holton, seconded by Cozine, to adopt Resolution No. 1974- RES. 74-100 100 temporarily restricting lawn sprinkling to after 8:00 LAWN SPRINKLING p.m. each day. Ayes - 4 - Nays - O. The Mayor stated he and the Council would like to express thanks to the Fire Department and especially Mr. and Mrs. Jerry Reichstetter for the 4th of July celebration and parade. It was noted that Dakota County said it has received Apple Valley's letter requesting a traffic signal at Pennock and County Road 42 and placed it in an open file. The Clerk was directed to find out what that means. Mr. Garrison asked that one of the office staff become a notary public; it will be done. MOTION: of Cozine seconded by Garrison authorizing the purchase of MOWER PURCHASE a mower from A & M Industrial Tractor for the low quote of $955.00 for the Park Department. Ayes - 4 - Nays - O. MOTION: of Holton seconded by Garrison authorizing the purchase BACKSTOP of two backstops with wings for Galaxie and Greenleaf Parks PURCHASE for the low quote of $815.00 each from J.R. Talley, Ayes - 4 - Nays - O. MOTION: of Garrison, seconded by Cozine approving an application APPLICATION FOR for trail funds to be submitted to the State of Minnesota TRAIL FUNDS for construction of a pathway along the north side of County Road 42 from Pennock to Hayes Road, Hayes Road to Garden View Drive to Redwood Drive. Ayes - 4 - Nays - O. MOTION: of Cozine, seconded by Holton, to pay the claims and bills, cheeks numbered 9527, 9528, 11000 through 11100 in the total amount of $196,886.36. Ayes - 4 - Nays ~ O. CLAIMS & BILLS CITY OF APPLE VALLEY Dakota County Minnesota July 8, 1974 Page 6 MOTION: of Holton seconded by Cozine, to adjourn. Ayes - 4 - Nays - O. The meeting was adjourned at 11:15 o'clock p.m.