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HomeMy WebLinkAbout11/09/1994CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 9th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Councilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: Mayor Branning. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Administrative Intern Grawe, Planning Intern Kragness, Associate Planner Lovelace, Public Works Director Miranowski, Community Development Secretary Werkmeister, and Police Chief Willow. Acting Mayor Sterling called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Erickson, seconded by Humphrey, approving the agenda for tonight's meeting as presented. Ayes - 4 ~ Nays - 0. Acting Mayor Sterling asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Goodwin, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - ~ - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of October 27th, 1994, as written. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, proclaiming December 1994 as National Drunk and Drugged Driving (3D) Prevention Month to promote awareness of causes of driver impairment. Ayes 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-331 accepting, with thanks, the donation of $200.00 to the D.A.R.E. Program by Rosemount VFW #9433. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-332 setting a public hearing, at 8:00 p.m., on December 8, 1994, to consider 1995 renewal applications for on-sale liquor, beer and wine licenses. Ayes - 4 - Nays - 0. APPROVE AGENDA AUDIENCE DISC, CONSENT AGENDA OCT. 27, 1994 MINUTES PROCLAIM 3D MONTH RES. 1994-331 D.A.R.E. DONATION RES. 1994-332 1995 ON-SALE LIC. HEARING CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Humphrey, receiving a deed from the Minnesota State Armory Building Commission returning Lot 2, Block 1, Apple Valley Armory, to the City. Ayes - 4 ~ Nays - O. of Goodwin, seconded by Humphrey, receiving notice that the Minnesota Department of Transportation will be acting as its own local government unit in connection with the Wetland Conservation Act. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, approving the application of Leer L. Wilson for deferment of Special Assessment No. 344 on his property, at 13724 Cedar Avenue, under City Code Section 9-10, senior citizens' homestead deferment. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving extension of the conditional use permit, granted by Resolution No. 1993-205, for Dairy Queen on Lot 2, Block 1, Margolis Addition, to expire on December 8, 1994. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving extension of the building permit authorization and site plan approval, granted by Resolution No. 1993-208, for Dairy Queen on Lot 2, Block 1, Margolis Addition, to expire on December 8, 1994. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-333 approving a subdivision grading permit for Nordic Woods 17th Addition as recommended by the City Engineer. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-334 approving a subdivision grading permit for Hunters Wood Townhomes as recommended by the City Engineer. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, approving release of subdivision financial guarantees for Morningview 9th Addition and Apple Ponds 5th Addition. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-335 amending the Land Use Guide Plan Map of the Comprehensive Plan, from "LD" to "SF", for Briar Knoll Addition, as approved by the Metropolitan Council. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, passing Ordinance No. 585 rezoning Briar Knoll Addition from R-3/A to R-3 (detached single family housing) as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RECEIVE ARMORY DEED MnDOT LGU OPTION WILSON SR. CITIZEN ASSMT. DEFERMENT EXTEND DAIRY OUEEN C,U,P, EXTEND QUEEN ~.~ PERMIT RES. 1994-333 NORDIC 17TH GRADING PERMIT RES. 1994-334 H,W. TOWNHOMES RELEASE SUBD, BONDS RES. 1994-335 BRIAR KNOLL COMP, PLAN ORDINANCE BRIAR KNOLL REZONING CITY. OF APPLE.VALLEY Dakota County, Minnesota November 9, 1994 Page 3 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-336 approving the final plat and subdivision agreement for Briar Knoll Addition and authorizing the Mayor and Clerk to sign the sams. Ayes - 4 - Nays - 0. RES. 1994-336 BRIAR KNOLL FINAL PLAT HIRE HARMSEN MAINTENANCE I. RES. 1994-337 CANVASS 1994 ELECTION RESULTS MOTION: of Goodwin, seconded by Humphrey, approving hiring Donald R. Harmsen as a full-time Utility Maintenance I Worker, effective November 28, 1994, as described in the Personnel Report dated November 9, 1994. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-337 canvassing returns of the November 8th, 1994, City General Election and declaring Willis Branning elected Mayor, for a four-year term; and Robert Erickson and Virginia Sterling elected Councilmembers, for four-year terms; commencing January 2, 1995. Ayes - 4 - Nays - 0. Acting Mayor Sterling called the hearing to order at 8:07 p.m. on the PUBLIC HEARING application of H.O.C., Inc., d/b/a Rascals-Apple Valley-Bar & Grille, RASCALS for on-sale and Sunday liquor sales licenses, and noted receipt of the LIOUOR LICENSE affidavit of publication of the hearing notice. Wanda Oland, a partner in the business, was present and said they are remodeling the R'Berry's location, at 7721 West 147th Street, into a new restaurant and described their plans. They expect to open December 8, 1994. Mr. Gretz said some additional information remains to be supplied and the hearing should be held open and continued until November 22, 1994. There were no other questions or comments and the hearing was continued at 8:10 p.m. Acting Mayor Sterling called the public hearing to order, at 8:10 PUBL%~ HEARING p.m., on Project 94-434, Briar Knoll Addition Utility and Street Im- PROJ. 94-434 provements, and noted receipt of the affidawit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report for improvements to serve 22 single family lots. The Acting Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:12 p.m. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-338 ordering installation of Project 94-434, Briar Knoll Addition Utility and Street Improvements. Ayes - 4 - Nays - 0. RES. 1994-338 ORDER PROJECT 94-434 RES. 1994-339 CHANGE ORDER PROJ. 94-434 MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1994-339 approving plans and specifications for Project 434 for installation by change order to Project 94-452, Industrial Area Improvements, and approving Change Order No. 1, in the amount of $264,826.00, to the contract with Arcon Construction for said project. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1994 Page 4 Acting Mayor Sterling called the public hearing to order, at 8:13 PUBLIC HEARING p.m., on Project 94-464, Nordic Woods 17th Addition Utility Im- PROJ. 94-464 provements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report for improvements to serve 28 townhouse units. The Acting Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:14 p.m. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1994-340 ordering installation of Project 94-464, Nordic Woods 17th Addition Utility Improvements. Ayes - 4 - Nays - 0. RES. 1994-340 ORDER PROJECT 94-484 Acting Mayor Sterling called the public hearing to order, at 8:15 PUBLIC HEARING p.m., on Project 94-467, Hunters Wood Townhomes Utility Improve- PROJ. 94-467 ments, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report for improvements to serve the townhouse units. The Acting Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:17 p.m. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. RES. ~! 1994-341 ordering installation of Project 94-467, Hunters ORDER Wood Townhomes Utility Improvements. Ayes - 4 - Nays - O. 94-467 MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. RES. 1994-342 1993-342 directing the City Engineer to prepare plans and PLANS & SPECS. specifications for Project 94-467. Ayes - 4 - Nays - 0. PROJ, 94-467 Acting Mayor Sterling called the public hearing to order, at 8:18 PUBLIC HE~RING p.m., on Project 94-468, Shepherd of the Valley Lutheran Church PROJ, 94-468 Addition Trunk Utilities, and noted receipt of the affidavit of publi- cation of the hearing notice. Mr. Gordon reviewed the preliminary engineering roport for purposes of specially assessing previously installed trunk utility improvements. The Acting Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared clpsed at 8:20 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-343 ordering Project 94-468, Shepherd of the Valley Lutheran Church Addition Trunk Utilities. Ayes - 4 - Nays - 0. RES. 1994-343 ORDER PROJECT 94-468 Ms. Werkmeister reviewed the report, dated November 9, 1994, on the GOODWILL SPEC. request of Goodwill Industries for a special use permit to allow two USE PERMIT trailers at its drop-off site at Apple Valley Square. Due to the growth of its operation, the landlord is requesting the second trailer. Acting Mayor Sterling asked if Goodwill is intending to open a store? Linda Garcia, of Goodwill, was present and said they are looking for a store location in Apple Valley or Burnsville by next sprint. If they find one, that would replace the need for trailers. CITY OF APPLE~VALLEY Dakota County, Minnesota November 9, 1994 Page 5 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994~344 approving a Special Use Permit for Goodwill Industries for placement of up to two collection trailers at Apple Valley Square Shopping Center, for one year, with conditions as described in the resolution. RES. 1994-344 GOODWILL SPEC. USE PERMIT Councilmember Erickson asked how furniture can be disposed of since Goodwill does not accept it at the collection site? Ms. Werkmeister said refuse haulers will take such items, for a fee, or they can be transported to a landfill. Ms. Garcia said Goodwill will spend $404,000.00 this year on disposal fees for items it Councilmember Humphrey asked if information can be made available for the public on what refuse haulers will take and the charges? Ms. Werkmeister said the City has that information on recyclables and could get it for other items. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, setting a special meeting SET SPECIAL at 7:00 p.m. on November 17, 1994, to hold a closed session MEETING on labor negotiations. Ayes - 4 - Nays - 0. Councilmember Erickson reminded the Council that the Dakota County C.R. 46 Highway Department will be holding an informational meeting on re¢on- MEETING struction of County Road 46, from Cedar Avenue to Pilot Knob Road. It will be held at the Western Service Center on November 22, 1994, from 4:30 to 8:00 p.m. Councilmember Humphrey thanked all the volunteers who helped with all the election campaigns this year on behalf of all candidates. ELECTION VOLUNTEERS CLAIMS & BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated November 3, 1994, in the amount of $377,743.99; and November 9, 1994, in the amount of $1,141,920.31. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Ericksen, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:37 o'clock p.m.