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HomeMy WebLinkAbout02/13/1992CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 13th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: Assistant to Administrator Weldon, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Police Captain Erickson, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Building' Official Miranowski, Police Chief Rivers and Community Development Director Welsch. Mayor Holton called the meeting to order at 8:00 p.m. The Councilmemhers 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 amended. Ayes - 5 - Nays - 0. APPROVE AGENDA FREE ENTER- PRISE WEEK Robin Skogstad, President, and Sara Strong, Vice President, of Apple Valley High School DECA Club were present to promote this week as "Free Enterprise Week" and commented on some of the activities in which they have been participating. Dave Hetland, Field Representative for Congressman Ramstad, was GONG. RAMSTAD present and said he met with the Mayor before the meeting to discuss REPRESENTATIVE items of interest to the City. He invited the public to contact him and bring any issues of concern they might have to the Congressman's attention. Mayor Holton asked if any one was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. AUDIENCE DISC. CONSENT AGENDA JAN. 23, 1992 MINUTES RES. 1992-25 FIRE DEPT. DONATION MOTION: of Sterling, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of January 23rd, 1992, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-25 accepting, with thanks, the donation of a 1981 Dodge Colt vehicle from Jerry Zirk to the Fire Department for use in its training drills. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 2 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-26 accepting, with thanks, the donation of used office equipment, valued at $186.00, from North Star Concrete Company for use by the Parks & Recreation Department. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, proclaiming February 10 to 16, 1992, as "Free Enterprise Week" and supporting the endeavors of the Apple Valley Chapter of Distributive Education Clubs of America (D~CA). Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded hy Humphrey, adopting Resolution No. 1992-27 approving the application of Apple Valley American Legion Post 1776 for a Minnesota Lawful Gambling Premises Permit renewal at 14521 Granada Avenue, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-28 setting a public hearing at 8:00 p.m. on March 12, 1992, to consider the application of Larry Neck for On-Sale and Sunday Liquor Licenses at 14805 Granada Avenue. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving issuance of a Hobby Kennel Permit, expiring December 31, 1992, to Nancy L. Brown, at 12936 Galaxie Avenue (Lot 3, Block 1, Broner Woods), for six adult dogs, weighing under 20 pounds each. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving renewal of an Agreement for telephone system maintenance with Fujitsu Business Communications, effective February 13, 1992, at a monthly charge of $588.25, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving classification of parcel number 01-57001-092-02 (Pennock Place 2nd Addition, Condomintum Unit 212) as non-conservation in preparation for sale by the State as tax forfeit property. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-29 approving the final plat and subdivision agreement for Embassy Estates Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-30 approving the final plat and subdivision agreement for Pilot Knob Estates Eighth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1992-26 PARKS DEPT. DONATION PROCLAIM FREE ENTERPRISE WEEK RES. 1992-27 RENEW LEGION GAMBLING PERMT RES. 1992-28 NECK LIQUOR LIC. HEARING BROWN HOBBY KENNEL PERMIT FUJITSU TELEPHONE MNTG AGREEMENT TAX FORFEIT CLASSIFICATN, RES. 1992-29 FINAL PLAT EMBASSY 2ND RES. 1992-30 FINAL PLAT PILOT KNOB 8TH CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 3 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-31 directing the Engineer to prepare plans and specifications for Project 92-385, Pilot Knob Estates Eighth Addition Utility Improvements. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-32 amending the election precinct boundaries, in conformance with State legislative redistricting, as shown on the exhibits, effective for elections after July 1, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-33 awarding the purchase of two Compact 4X4 Utility Vehicles to Jeff Belzer's Todd Chevrolet, the low bidder, in the amount of $35,400.00. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-34 approving specifications for 1992-1995 Lease of Golf Gars at Valleywood Golf Course and authorizing advertising for bids to be received at 2:00 p.m. on March 4, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-35 approving specifications for two 72-Inch Out Front Mowers for Park Maintenance and authorizing advertising for bids to be received at 2:00 p.m. on March 4, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-36 approving specifications for Furnishing and Planting up to 400 Boulevard Shade Trees and authorizing advertising for bids to be received at 2:00 p.m. on March 4, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-37 approving specifications for Furnishing and Deliver- ing Various Trees and Shrubs and authorizing advertising for bids to be received at 2:00 p.m. on March 4, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, accepting Liquor Store No. 2 Interior Remodeling as final and authorizing final payment on the contract with Fondler Construction, Inc., in the amount of $3,900.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, accepting Project 87-280, Miscellaneous Storm Sewer Improvements, as final and authorizing final payment on the contract with Fredrickson Excavating Company, Inc., in the amount of $5,531.00. Ayes - 5 - Nays - 0. RES. 1992-31 PLANS & SPECS. PROJ. 92-385 RES. 1992-32 AMEND VOTING PRECINCTS RES. 1992-33 AWARD PURCHASE 4X4 VEHICLES RES. 1992-34 TAKE BIDS GOLF CAR LEASE RES. 1992-35 TAKE BIDS PARK MOWERS RES. 1992-36 TARE BIDS BOULEVARD TREE RES. 1992-37 TAKE BIDS TREES & SHRUBS FINAL PAYMENT LIO. 2 REMODEL FINAL PAYMENT PROJ. 87-280 CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 4 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-38 approving a Memorandum of Understanding with Dakota County and the Cities of Burnsvllle and Lakeville regarding allocation of costs for installing underground electric lines along County Road 46, in conjunction with County Project 46-04, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. COUNTY ROAD 46 UNDERGROUND ELECTRIC COST ALLOCATION COUNTY ROAD 46 EASEMENT MOTION: of Sterling, seconded by Humphrey, approving a Temporary Easement for Dakota County Project 46-04, Gounty Road 46 west of Cedar Avenue, on part' of the Park in Morningview 6th Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving submission of an application for "America The Beautiful" Challenge Grant for a $3,000.00 matching grant for Forestry management computer software. Ayes - § - Nays - 0. FORESTRY GRANT APPLICATION MOTION: of Sterling, seconded by Humphrey, approving Change Order No. 12 to Project 89-321, Ring Route Construction, in the amount of an additional $33,574.50. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving and ratifying a Drug and/or Alcohol Testing policy applicable to sworn police officers represented by the LELS union. Ayes - 5 - Nays - 0. CHGE ORDER 12 PROJ 89-321 POLICE DRUG MOTION: of Sterling, seconded by Humphrey, approving hiring the seasonal employee as listed in the Personnel Director's memo dated February 13th, 1992. Ayes - 5 - Nays - 0. HIRE SEASONAL EMPLOYEE END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:06 p.m. to PUBLIC HEARING consider vacating unused drainage and utility easements on Lots 9, 10, VALLEY MEADOWS 11 and 12, Block 2, Valley Meadows, and noted receipt of the affidavit EASEMENT VAC~, of publication of the hearing notice. Mr. Kelley reviewed his memo dated February 13, 1992, and noted these lots are being replatted as part of Valley Meadows 2nd Addition and new easements will be provided in the correct locations. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:08 p.m. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1992-39 approving vacation of unused drainage and utility easements on Lots 9, 10, 11 and 12, Block 2, Valley Meadows, and directing that the documents be filed with Dakota County. Ayes - 5 - Nays - 0. RES. 1992-39 VACATE VALLEY CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 5 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-40 approving the final plat and subdivision agreement for Valley Meadows 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1992-40 FINAL PLAT VAL MEADOWS 2ND Mr. Kelley reviewed the original preliminary plat of Valley Meadows 2nd Addition showing the area at the southwest corner where the developer is requesting an additional lot for a duplex. A Northern Natural Gas pipeline easement separates this area from the rest of the plat and the Planning Commission recommended it remain as common open space. Only limited landscaping is permitted on the easement. Bill Diedrich, the developer, showed pictures of the existing area and said there are other twinhomes with driveways along Garden View which would be similar to his proposal. Councilmember Humphrey asked if the lot would be part of the Valley Meadows 2nd association? Mr. Diedrich said no, it would be owned separately by each half of the duplex. Councilmember Erickson asked if the lot would meet minimum standards? Mr. Kelley said it would if the area of the easement is included. Mr. Diedrich said if conventional financing is used on the units, setbacks are not required from the pipeline easement; only FHA or VA financing require that. MOTION: of Humphrey, seconded by Goodwin, approving replat of the southwest corner of Valley Meadows for a duplex lot with a 30-foot building setback from Garden View Drive subject to construction of turn around areas on each driveway and the lot area including at least 33 feet of the pipeline easement. REPLAT FOR DUPLEX LOT VALLEY MEADOWS Councilmember Sterling asked if there is enough room for "hammerhead" turn arounds on the driveway? Councilmember Goodwin asked if there are any alternatives for developing the site? Mayor Holton said he would like additional time to review the site. MOTION: of Goodwin, seconded by Humphrey, tabling considering of replatting a portion of Valley Meadows until February 27, 1992. Ayes - 5 - Nays - 0. TABLE VALLEY MEADOWS DUPLEX Mayor Holton called the public hearing to order at 8:29 p.m. to con- PUBLIC HEARING sider amending liquor, wine and beer license fees and noted receipt LICENSE FEES of the affidavit of publication of the hearing notice. The City Clerk said the fees were last changed in 1989 and a five percent increase is recommended. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:30 p.m. MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 531 increasing fees for liquor, wine and beer licenses in the City by five percent as shown. Ayes - 5 - Nays - 0. ORDINANCE 531 ALCOHOL BEV. LICENSE FEES CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 6 Mr. Welsch reviewed his memo dated February 10, 1992, concerning the CEDAR KNOLLS annual compliance inspection for Cedar Knolls Mobile Home Park. There MOBILE HOME are three alternatives listed and he recommends approval with direction PARK REPORT to return with a report on storm shelter feasibility. Douglas Steinbaugh, one of the owners of the Park was present and said they purchased the Park seven years ago. Greenleaf School has been used as a shelter evacuation site and it is acceptable under state law. They realize it is not the best alternative and are willing to work with the City to investigate other possibilities. MOTION: of Sterling, seconded by Goodwin, approving the Cedar Knolls Mobile Home Park 1992 annual inspection and directing Staff to report by June 9, 1992, with financial and construction feasibility for installation of a storm shelter in 1992 and/or 1993 as recommended by the Community Development Director. Ayes - 5 - Nays - 0. CEDAR KNOLLS MOBILE HOME PARK MOTION: of Humphrey, seconded by Sterling, tabling consideration of Eaton Mobile Home Park annual inspection until February 27, 1992, to allow the Manager or Attorney to he present. Ayes - 5 - Nays - 0. TABLE EATON MOBILE HOME PARK REPORT Mr. Welsch reviewed the memo dated February 13, 1992, on the request SPECIAL USE' for a special use per, it for an outside garden store at Cub Foods. CUB FOODS The proposed use would take the space of 28 parking stalls. Since GARDEN STORE similar permanent business have much more stringent conditions, it is recommended that special use permits no longer be issued for this type of use. Instead "interim uses", as provided in state law, would be an alternative and provide specific conditions for approval or denial. This process also requires a public hearing. MOTION: of Goodwin, seconded by Sterling, denying the application of Cub Foods for a special use permit for temporary greenhouse and shrub sales as recommended in the Planning Department memo dated February 13, 1992. DENY CUB FoodS SPECIAL USE PERMIT Richard Deneen, Assistant Manager of Cub Foods, was present and said he understands the concern about traffic and will work with the City on the interim use process. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Gretz distributed copies of an agreement with Dakota County for 155TH/WHITNEY a traffic signal on Cedar Avenue at the intersection of 155th Street/ & CEDAR Whitney Drive. The agreement provides that the City will pay 100 TRAFFIC SIGN6L percent of the cost. It is programmed in the County capital improve- ment plan for 1993 and at that point, the County will reimburse 50 percent of the cost to the City. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 7 MOTION: of Humphrey, seconded by Sterling, approving Traffic Signal Agreement No. 92-04 with Dakota County for installation of a signal at the intersection of Cedar Avenue and 155th Street/ Whitney Drive and authorizing the Mayor and Clerk to sign the same subject to review by the City Attorney. Ayes - 5 - Nays - 0. 155TH/WHITNEY & CEDAR SIGNAL AGREEMENT WHITNEY PLAZA PROPOSAL Mr. Welsch reviewed a chronology of the decision process in the Whitney Plaza development proposal located at the northwest corner of Whitney/155th Street amd Cedar Avenue. Me noted that a petition opposing the proposal was received from residents on February 11, 1992. Mr. Kelley reviewed the proposed preliminary plat, of Delegard 2nd Addition, containing six lots and one outlot for driveway access on the vacated Whitney alignment. The County plat ordinance requires a through street instead of a driveway at this location. The County is also requesting 100 feet, instead of 75 feet as shown, for Cedar Avenue right-of-way. It is recommended that variances be requested for both of these items. Mr. Kelley reviewed proposed uses described in the draft planned development ordinance which also provides for screening from the residential areas. Conditions of the preliminary plat provide for a deceleration lane on Cedar, for right turn access; and a public parking easement along Whitney to make space available for parking during recreational activities occurring nearby. He showed renderings of the building elevations which will be all brick. Signage will be restricted and free-standing signs limited to eight feet in height. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-41 approving the preliminary plat of Delegard 2nd Addition (Whitney Plaza), with conditions as listed; Outlot A deeded to the City but without reconstruction of Whitney Drive as a through street; and requesting variances from Dakota County for driveway access and Cedar Avenue right-of- way of 75 feet. RES. 1992-41 PRELIMINARY PLAT DELEGARD 2ND ADDITION Councilmember Erickson asked if the County will require Whitney to be reconstructed? Mr. Gretz said strict interpretation of the County ordinance would require it, but the County has been amenable to granting variances requested by the City. Karen Mattingly, 15898 Harwell Avenue, asked about a Comprehensive Plan change if residents feel retail business use is inappropriate for the site? Mayor Holton said the previous use was designated as high density multiple. That was not proposed and the change to retail business was approved. Mr. Sheldon said the Comprehensive Plan is a land use tool and can be amended at any time. When it is amended, the zoning must be changed within nine months to conform to the Comprehensive Plan. State law prescribes how such actions can be taken. In making decisions on the changes, the Council must act reasonably and have legally justifiable reasons. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 8 Ms. Mattingly said she believes the Comprehensive Plan should not have been changed and does not believe the Whitney Plaza proposal is the best use for the property. Councilmember Goodwin said a major factor in the decision is that Cedar Avenue will eventually be widened to six lanes in this area. With the increased traffic, .it would not be appropriate to put housing adjacent to this road. Mark Kreger, 15959 Harwell Avenue, asked if there is a time frame under which the Comprehensive Plan can be changed again? Mr. Sheldon said there is not, but any change has to be Justified. Rick Green, 775 Newell Drive, said he agrees Cedar will always be a busy road, but doesn't believe fast food restaurants and auto service uses are appropriate next to a school. Pat Christianson, 15630 Hallmark Path, asked why plat approval is being considered now? Mayor Holton said there are certain steps in the process and the plat is being considered in order to tie the uses to the site. Councilmember Humphrey said he agrees the land uses should be discussed first, but that is not the order in which this is being done. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Kelley reviewed the details of the proposed planned development ordinance as drafted. MOTION: of Sterling, seconded by Humphrey, passing Ordinance No. 532 establishing planned development zoning on property being platted as Delegard 2nd Addition (Whitney Plaza) with standards as drafted by Staff and amended to include: (1) no motor fuel sales; (2) no pre-prepared food delivery; (3) old Whitney Drive will not be reopened (per preliminary plat approval; (4) only one Class II restaurant is allowed in entire site; (5) no outside storage; (6) no overnight parking; (7) any bay doors on Lot 2 must be directed north or south; (8) if construction does not start in one year, the City may rezone; (9) the Class II restaurant may have a free-standing sign 20 feet in height; (10) all buildings will be of brick construction; (11) subject to revision of the PUD by the City Attorney and Planning Staff. The Council will, by separate resolution, prohibit parking parking on the east side of Whitney abutting the property. Further, if right turn access from Cedar is not approved, the City may petition to rezone. ORDINANCE 532 P.D. ZONING WHITNEY PLAZA/ DELEGARD 2ND CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 9 Councilmember Erickson said he met with the Cedar Park Site Council. They are unhappy with the uses proposed; particularly fast food uses. They asked why this site is appropriate for Midas Muffler and Jiffy Lube when the proposal at Southport Centre was denied and he concurs it is a valid question. He does not believe there should be two restaurants on the site. Councilmember Goodwin.asked what time school starts and ends and when the businesses open? Ms. Mattingly reviewed the school day including "latch-key" programs as described in the letter dated February 10, 1992, which the City received February 11th. In addition there are Community Education and V.A.A. activities in the evening and church uses on Sundays. She said they are concerned that once the signal is installed traffic will increase. Whitney is a narrow street and there are always cars parked on both side of it. Councilmember Goodwin asked how wide Whitney Drive is? Mr. Gordon said it is 44 feet wide; a residential street is 32 feet wide. Richard Serr, 7677 Whitney Drive, said he is concerned about traffic caused by high school students coming to the restaurants after school. Councilmember Goodwin said the restaurants would not be open in the morning when children are coming to school and around 3:00 p.m., when children are leaving, would generally not be a very busy time. Any kind of clinic or commercial use will have traffic. He asked if Dairy Queen has projections for daily traffic? Jan Bagley, of Dairy Queen, said employees arrive around 10:00 a.m. Lunch, from 11:30 a.m. to 1:00 p.m.; and dinner, from 5:00 to 7:00 p.m.; are the busiest times. Annualized sales show most sales in the four summer months; in Minnesota there are almost no sales during two winter months. Patty Engle, 15958 Harmony Court, said it is wrong to have a fast food restaurant close to a school and is going to create a problem. The school already exists. This is a residential area where children should be able to ride bicycles to the playground. Mayor Holton said the Council is concerned about safety and is trying to make the area safer by banning parking on one side of the street and providing additional public parking on the site. Councilmember Humphrey asked if school crossing guards are used during the time children are walking to and from school? Ms. Mattingly said they are. Councilmember Sterling said she called owners or managers of various Dairy Queen and Taco Bell restaurants in the area for information on levels of traffic. They confirmed what Ms. Bagley said about Dairy Queen. She also talked with the School District and was assured they would put school crossing guards where needed. The motion now allows only one restaurant. Mr. Kreger said the time when school opens and closes changes from year to year. V.A.A. activities start at 6:00 p.m. and they will be of more concern. If Dairy CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 10 Queen is a full service restaurant, there will be traffic throughout the year. Hs also questioned allowing access from Cedar Avenue. Councilmember Erickson asked for clarification of the traffic generation table. Mr. Kelley reviewed the information in the Planning report, Ms. Christianson asked how many Dairy Queens are located across from schools? Ms. Baglsy said she did not have that information. Kim Reinisch, 834 Fireside Drive, read a quote from Mr. Welsch's memo of January 3, 1992, stating the zoning ordinance allows fast food restaurants no closer than 1,000 feet from a residential or institutional use. She asked how this could be allowed in conflict with the zoning ordinance? Councilmember Humphrey said this section is a general standard and the Planned Development zoning would supersede that portion of the Code. He noted there may not be a restaurant in the City that meets that criteria because it was enacted after most of them were built and it may be something that should be changed. Ms. Mattingly said she believes this is a good provision and should not be changed. Mr. Sheldon said all zoning is by ordinance; certain general zones are established with permitted uses. The developer has asked for a rezoning to planned development which is an agreement between the developer and the City. This is also an ordinance and lists, very specifically, the uses allowed on the property. It would supersede other general ordinances. A resident asked if the ordinance can Just be changed in two weeks to allow a restaurant? Mr. Sheldon said the Council has the authority to change the zoning ordinance provided it follows the proper procedures. Norman Bjornnes, of Apple Villa and Whitney Pines, said there are no fast food restaurants located across the street from a school or residential area in the City. Petitions have been received from several hundred people opposed to the proposal. There are 115 children in the units he manages and suggested a day care facility be built on the site. The property was designated residential for more than 20 years and he believes it should stay that way. Councilmember Erickson said the Council is not in the business of developing property; it encourages it. In considering a proposal the Council tries to look at what is best overall. Robert Daly, the developer, was present and said they have made a decision to eliminate the Taco Bell restaurant which is the heaviest traffic generator. The Dairy Queen is the least offensive and will not cause a traffic conflict in the morning. They would like to substitute a use which would generate traffic similar to Midas or Jiffy Lube. They will accept the conditions in the motion being considered. A resident expressed concern about noise from the restaurant at night for the apartment units facing the development. Another resident commented on traffic CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 11 and asked why the Council is only focusing on this proposal instead of waiting for appropriate development for the property. Ms. Mattingly said apartments for the elderly have been discussed and asked why that use is not pursued. Mayor Holton said that use has not been proposed and the Council has to act on the proposal made to it. Councilmember Goodwin said whatever is developed is going to generate traffic. Based on Dairy Queen's estimate of 100 to 200 cars per day in winter and 600 to 800 cars per day in summer, the entire development would generate fewer trips than an apartment building. Tom Lindsey, 8110 West 159th Street, said the Dairy Queen in Rosemount is not directly on a street and the one in Burnsville is on a frontage road. Traffic cannot be compared with one that will be located on Cedar Avenue. Councilmember Humphrey said there has been discussion as to which lot Dairy Queen should be on. If it remains on Lot 2, that may be the best location and the other.use located on Lot 1 instead of Taco Bell. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Erickson). MOTION: of Goodwin, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for improvements to serve Delegard Second Addition (Whitney Plaza). Ayes - 5 - Nays - 0. PRELIMINARY ENG. REPORT WHITNEY PLAZA MOTION: of Humphrey, seconded by Goodwin, tabling consideration of a site plan and building permits for Whitney Plaza, Delegard Second Addition, until action by Dakota County on plat approval and variances. Ayes - 5 - Nays - 0. TABLE WHITNEY PLAZA SITE PLAN & PERMITS MOTION: of Sterling, seconded by Humphrey, passing Ordinance No. 533 amending Chapter 14.5 of the City Code by restricting the use of motorized vehicles and motorboats on Keller Lake, in conformance with regulations approved by the City of Burnsville. Ayes - 5 - Nays - 0. ORDINANCE 533 KELLER LAKE RESTRICTIONS SUPPLEMENTAL AGREEMENT FOR RING ROUTE COMPLETION FINAL PAYMENT RING ROUTE MOTION: of Erickson, seconded by Humphrey, approving a Supplemental Agreement with McNamara Contracting Co., Inc., for comple- tion of Projects 89-321, Ring Route Construction, 85-225, Galaxie and 153rd Street Improvements, by providing for extension of warranties and bonding, and authorizing the Mayor and Clerk to sign the same subject to receipt of executed documents from the bonding company. Ayes - 5 - Nays - O. MOTION: of Erickson, seconded by Humphrey, authorizing final payment on the contracts with McNamara Contracting Co., Inc., in the amount of $6,000.00 for Project 85-225 and $17,465.25 for Project 89-321. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1992 Page 12 MOTION: of Sterling, seconded by Erickson, passing Ordinance No. 534 amending Sections 1-24, A1-77 and B1-52 of the City Gode by providing for cash escrow accounts for all legal fees related to d6velopment projects. Ayes - 5 - Nays - 0. ORDINANCE 534 LEGAL FEES ESCROW ACCOUNT Mr. Weldon reminded the Council of the AMM legislative reception on February 19th, from 4:30 to 6:00 p.m. at the Kelly Inn in St. Paul. He also reminded they of the Dakota County legislative meeting on February 14th, at 7:30 a.m., at the Rosemount American Legion. LEGISLATIVE MEETINGS The Council received notice of an informal meeting with the Planning Commission and Economic Development Gommittee of the Chamber of Commerce set for 7:00 p.m on February 27, 1992, at City Hall. CHAMBER/P. C./ COUNCIL MEETG. The Council received notice of a special Economic Development EDA MEETING Authority meeting set for 8:00 p.m. on February 27, 1992, at City Hall. ~OTIGE MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check register dated January 29, 1992, in the amount of $4,497,476.64, check register dated February 5, 1992, in the amount of $2,016,562.94, and check register dated February 12, 1992, in the amount of $1,447,201.76. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:24 o'clock p.m.