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.