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HomeMy WebLinkAbout10/25/2007 CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 25, 2007, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Bodmer, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Utilities Superintendent Blommel Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, and Deputy Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the Pledge of Allegiance led by Avery Platter from Boy Scout Troop 871. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Ms. Paula Christiansen, Ms. Cindee David, Ms. Deb McNulty, and Ms. Julie York, of the Apple Valley Foundation, invited the City Council and public to attend “A Night to Remember” at the Apple Valley Community Center on November 10, 2007, from 6:00 p.m. to 9:30 p.m. It is a family event and there is no cost to get in. The Community Center will be decorated like an outdoor café and there will be lots of fun, entertainment, shopping, and good food. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 2 CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of October 11, 2007, as written. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of a Tobacco Sales License to Durango Market, LLC, d/b/a Durango Market, located at 6670 - 150th Street W., Suite 102, as described in the City Clerk’s memo dated October 22, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of a Tobacco Sales License to Grand St. Paul CVS, LLC, d/b/a CVS/Pharmacy #1995, located at 115 Dove Trail, as described in the City Clerk’s memo dated October 22, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of an Off-Sale 3.2 Malt Liquor License to Durango Market, LLC, d/b/a Durango Market, located at 6670 -150th Street W., Suite 102, as described in the City Clerk’s memo dated October 22, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of a 2007 Precious Metal Dealer License for Jay F. Jeweler, Inc., d/b/a Jay F. Jeweler at 15050 Cedar Avenue S., Suite 104. Ayes - 5 - Nays - 0. Resolution No. 2007-184 MOTION: of Bergman, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on November 20, 2007, on applications for renewal of on-sale liquor and wine licenses for 2008. Ayes - 5 - Nays - 0. Resolution No. 2007-185 MOTION: of Bergman, seconded by Goodwin, adopting approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the updated Snow and Ice Control Policy and Procedures as attached to the Public Works Superintendent’s memo dated October 25, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the release of financial guarantee for ABRA Auto Body; as listed in the Community Development Secretary’s memo dated October 25, 2007. Ayes - 5 - Nays - 0. Resolution No. 2007-186 MOTION: of Bergman, seconded by Goodwin, adopting approving 2007 Nondegradation Review of waters and submittal to Minnesota Pollution Control Agency. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 3 Resolution No. 2007-187 MOTION: of Bergman, seconded by Goodwin, adopting approving 2007 Surface Water Management Plan and submittal to the Metropolitan Council. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a 2-foot front yard setback variance for covered entry on Lot 1, Block 1, Shadow Estates (12765 Florida Lane), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Software and Services Agreement with CarteGraph Systems, Inc., in the amount of $11,900.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Fire EMS Records Management System with Image Trend, Inc., in the amount of $190.00 per month through December 2007, and $11,400.00 plus $2.00 per run beginning January 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Partner Agreement for Blue Thumb Program with Dakota County Soil and Water Conservation District, and authorizing the Public Works Director to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Encroachment Agreement with Magellan Pipeline Company, L.P., in connection with Project 05-284, Cobblestone Lake 5th Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2007-188 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Bi-Directional Articulating Tractor and Snow Blower Lease to Purchase, to Carlson Tractor and Equipment Company, Inc., the lowest responsible bidder, in the amount of $77,206.40. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the agreement with Top Coat Painting Service, adding the amount of $727.50 for four fence panels, and accepting 2007 Painting of New Steel Fence Sections as final and authorizing final payment in the amount of $11,352.50. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the agreement with Top Coat Painting Service, in the amount $2,310.00 for an additional 11 poles, and accepting 2007 Reconditioning of Charleston Cast Aluminum Light Poles as final and authorizing final payment in the amount of $14,490.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 4 MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the contract with McNamara Contracting, Inc., for Project 03-237, 153rd Street Utility and Street Improvements, adding the amount of $7,107.00 for anchored seed and erosion control blanket and permanent barricades. Ayes - 5 - Nays - 0. Resolution No. 2007-189 MOTION: of Bergman, seconded by Goodwin, adopting approving the Flexible Benefits Plan and Health Reimbursement Arrangement Service Agreements for City employees effective January 1, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring part-time and seasonal employees, and resignation, as listed in the Personnel Report dated October 25, 2007. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 2007 SPECIAL ASSESSMENT ROLL 561 Mr. Ballenger described Special Assessment Roll No. 561, totaling $114,480.80, for delinquent utility charges. Although the total is slightly less than in spring, the number of delinquent accounts is up. No written objections were received. Mayor Hamann-Roland called the public hearing to order, at 8:08 p.m., on Special Assessment Roll No. 561 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:09 p.m. Resolution No. 2007-189 MOTION: of Goodwin, seconded by Bergman, adopting approving and levying 2007 Special Assessment Roll No. 561, for delinquent utilities, in the total amount of $114,480.80. Ayes - 5 - Nays - 0. 2007 SPECIAL ASSESSMENT ROLL 562 Mr. Ballenger described Special Assessment Roll No. 562, totaling $26,272.20, for delinquent false alarm and weed removal charges. This assessment is levied once a year. Although the number of false alarms is similar to past years, the number of delinquent weed removal charges has doubled since last year. Mr. Ballenger indicated this is probably a reflection of the housing market. He added that several of the properties had been foreclosed. Mr. Ballenger said when the City hires a contractor to mow the lawn and remove the weeds it sends the bill to the residence. If the bill is not paid by fall, it is assessed to the property. On occasion, the property is sold during that time. Unfortunately, the title companies are not identifying this pending assessment during their title search. They may inquire about the utility bill, but they have not been asking about other charges. There have been several questions and concerns from residents on this assessment this year. Several of those that have called are property owners who purchased CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 5 the property prior to the weed cutting charges being assessed. He stated the Finance Department is working to improve tracking and, hopefully, eliminate this problem in the future. From now on, the Finance Department will note delinquent mowing charges on the utility bill and assess the false alarms and weed removal charges twice a year. In the meantime, staff has encouraged residents who have purchased property and did not know about these pending assessments to go back to their title companies for reimbursement. He added that the title companies should have identified these debts on the property during their title searches. Mayor Hamann-Roland said she likes the idea of flagging the utility bills to help title companies identify all pending charges. Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., on Special Assessment Roll No. 546 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. Mr. Kris Knox, Property Manager for the Shops on Galaxie, 15322 Galaxie Avenue, commented about false alarm charges for a previous tenant, Green Jungle Family Center. He stated the property owners were unaware of the delinquent charges and suggested that utility bills are also flagged with delinquent false alarm charges. Although the tenant may have received invoices, the property owner was unaware there was an outstanding bill until receiving the notice of assessment in October. Mr. Knox said he does not believe the property owners should be responsible for the tenant’s bill especially when they were not notified until after the tenants left. In addition, he believes police officers responding to calls during the day should be considered part of normal business, as compared to the City hiring a contractor to mow private lawns. Mr. Ballenger said the false alarm bills are sent to the business which contracts with the City. It is not until the delinquent bill is to be assessed that the property owner is notified. The Finance Department will take steps to improve this in the future. Councilmember Goodwin said he was surprised this has not come up before and speculates it will become more common in the future. He believes it is incumbent on the City to straighten out the process before it moves ahead with these charges. Councilmember Erickson stated he did not understand the difference between police officers responding to a day time call versus one in the evening. There may actually be a shortage of officers available during the day and responding to false alarms at any time is still a use of resources. He noted the City has had a similar practice of billing delinquent false alarm charges for a number of years. He questioned why this is the first year the City has received a complaint. Mr. Ballenger responded he was not sure of the reason. Councilmember Erickson said he understands the property owner not wanting to pay the bill, but he does not believe it is the City’s responsibility either. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 6 Councilmember Bergman said he agreed with Councilmember Goodwin and recommended the Finance Department notify the property owner at some point, whether it is at 3, 6, or 9 months, that the tenant is delinquent. Mr. Ballenger agreed that at some point, perhaps with the second or third bill, the property owner should be alerted to the delinquent charges. Mayor Hamann-Roland said it makes perfect sense to alert the owner when there is a past due account. Councilmember Goodwin stated we have a process that is not working and recommended fixing it. If the property owner is notified early on, the property owner has some leverage because of their tenant/ownership relationship to ensure the bill gets paid. Mr. Lawell added similar cases have come up in the past, but generally there is a lease between the tenant and the landlord which indicates who is responsible for these types of costs. Under the terms of the lease, the landlord is able to force the tenant to pay. If that language is in the lease and if the tenant is able to be contacted, perhaps that is a remedy as well. Mr. Knox said not only did Green Jungle go out of business, but they filed for bankruptcy. Councilmember Grendahl asked for the specific dollar amount. Mr. Knox said $910.00. Councilmember Grendahl asked if the Council’s action on this assessment may set precedence for residential housing. If property is being rented, and the renter has unpaid alarms and moves out, will the property owner deny responsibility because the property was rented? MOTION: of Goodwin, seconded by Bergman, tabling consideration of the assessment on PID 01-75894-010-01 in the amount of $910.00, which is part of the 2007 Special Assessment Roll No. 562, for delinquent false alarm and weed removal charges, until November 8, 2007. Ayes - 4 - Nays - 1 (Erickson). Mr. Ballenger clarified any assessments which are tabled this evening, reconsidered later and levied, will not be able to be certified until Spring of 2008. Councilmember Erickson asked if the false alarm charges are primarily on rental properties. Mr. Ballenger responded it is his understanding the majority of false alarm charges are to businesses. Ms. Barb White, 12501 Eland Court, said she purchased her home in December 2006. According to the Assistant Finance Director it had been mowed six times prior to her purchasing the CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 7 property. The total cost for mowing and interest is $958.42. The original invoice and following statements were sent to the previous owner. She does not believe she should be assessed for these charges. Mayor Hamann-Roland asked if she spoke to her title company. Ms. White said she did. They indicated they called the City. However, the mowing charges were not liened or assessed prior to her purchasing the property. As a result, they were not identified when the title company called. Mr. Ballenger said when the title companies call they typically ask for the pending assessments. The mowing charges were not an official assessment and would not be identified as such. He said it is not unlike a contractor doing work on a home and later filing a lien on the property. The property owner at the time the lien is filed is responsible. Mayor Hamann-Roland asked if the title company is not responsible to do a thorough search. Mr. Ballenger confirmed title companies should be conducting a thorough search and should be responsible for any outstanding charges that are missed; it is also why prospective buyers purchase title insurance. In the past, the City provided an official written search to title companies which addressed all charges. When the data practice laws changed, many title companies ceased following up with written special assessment searches. Now, it is not uncommon for third parties to conduct the search. They call or come into City Hall every couple of months to review the special assessment records and do not inquire about other charges. City Attorney Dougherty advised the Council that a typical purchase agreement between a seller and a buyer includes language which requires the seller to state whether they are aware of any notices they have received that would lead to an assessment. It appears the seller was not truthful in informing the buyer they had received notices from the City relative to outstanding charges for weed mowing. Councilmember Grendahl said the seller knew someone was taking care of the property. They also received numerous invoices for the charges and yet they did not disclose this fact at the closing. Councilmember Bergman asked what information the City provides when a title company calls on a piece of property. Mr. Ballenger said if a title company calls and asks for the levied assessments, that is the information provided. Councilmember Bergman asked if staff would not also be aware of the mowing charges. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 8 Mr. Ballenger said there is a record of delinquent mowing charges; however, to date, they have not been tied to the utility bills or special assessments. Councilmember Goodwin said this is another process problem that is, at least in part, the City’s fault. If the process is not changed, this will continue to happen. Ms. White said not only did her title company call but she called the City in order to verify the information the title company received was accurate. Councilmember Erickson clarified the assessment is against the property and not the property owner. Councilmember Grendahl said it seems like it should be the responsibility of the title company and/or mortgage company. Mayor Hamann-Roland suggested staff learn more about this particular assessment and where the communications failed. Councilmember Grendahl said the documentation should be in writing. Ms. White said she would be glad to document her communications with the City by providing dates and contacts. Councilmember Erickson said he is not ready to assign blame at this time, but believes this assessment should have further review. MOTION: of Erickson, seconded by Goodwin, tabling consideration of the assessment on PID 01-66900-150-01 in the amount of $958.42, which is part of the 2007 Special Assessment Roll No. 562, for delinquent false alarm and weed removal charges, until November 8, 2007. Ayes - 5 - Nays - 0. Ms. Cheryl Larson, 15790 Gallery Avenue, said she purchased her home in May 2007. Burnett Title checked the assessments in April 2007. At that time, there was only a utility bill assessed. In October, she received a letter regarding an assessment for mowing/weed control in the amount of $396.09. She does not believe the City identified the mowing charges during the title search, and therefore, she should not be responsible. Councilmember Goodwin speculates this is happening all over the country. The laws dictates what cities can do as far as assessing properties and other communities must be experiencing similar situations. MOTION: of Goodwin, seconded by Bergman, tabling consideration of the assessment on PID 01-11651-060-06 in the amount of $396.09, which is part of the 2007 Special CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 9 Assessment Roll No. 562, for delinquent false alarm and weed removal charges, until November 8, 2007. Ayes - 5 - Nays - 0. Mayor Hamann-Roland said it is really a message of buyer beware. And a reminder to prospective home owners to ask their realtors and title companies to find out everything that is going on with that property. They should ask about delinquent utility bills, false alarms, and mowing/weed cutting, as well as any special assessments. Councilmember Goodwin said the professionals should have discovered these charges, but there is also a problem with the City’s process in relaying the information. Mr. Pete Graffunder, 7525 – 147th Street W., said he received notice of an assessment of $250.00 for delinquent false alarms and mowing/weed control charges. He said the City has never mowed his property and his alarm company is instructed to call his cell phone should an alarm go off. If necessary, he will call 9-1-1. Only if he is unavailable is his alarm company instructed to call the Police Department. He believes there was only one instance in which the police were called. Mr. Lawell offered that the charges on this particular address are for false alarms and not mowing. Mr. Graffunder said he realizes it is not a large charge and he will pay it, but believes there is a problem with this alarm charge. Mr. Lawell said the City monitors false alarms. After three false alarms, the property is charged. Obviously, there is a cost to responding to false alarms and they can impact level of service. If there is a call to a property and there is a real issue, that response is not included in the total, only false alarms are counted. Mr. Graffunder said he regularly watches his surveillance tapes and he does not believe police officers responded to any other alarms besides the one he mentioned previously. Councilmember Goodwin suggested weed removal- and false alarms are assessed separately in the future. MOTION: of Goodwin, seconded by Bergman, tabling consideration of the assessment on PID 01-81200-041-03 in the amount of $250.00, which is part of the 2007 Special Assessment Roll No. 562, for delinquent false alarm and weed removal charges, until November 8, 2007. Ayes - 5 - Nays - 0. Mr. Thomas Burger, 853 Cortland Drive, said he has a similar situation in which he purchased a foreclosed property and the mowing charges were not identified before during the title search. Councilmember Grendahl asked if Mr. Burger’s title company indicated they called the City. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 10 Mr. Burger said as far as he knows they did. He paid to have a professional conduct the title search. A couple months ago another bill came through on the property. He gave that bill to the realtor that sold the house, and the realtor paid it. However, the mowing charges are from September 2006, which was before the realtor listed the house so he was unwilling to pay the fee. His realtor asked the title company for payment. Mr. Burger was told the title company is sending a check to the City for this fee. However, he is not confident it will be paid. Councilmember Grendahl said if people are buying foreclosed property, the message is buyer beware. MOTION: of Goodwin, seconded by Bergman, tabling consideration of the assessment on PID 01-11705-030-01 in the amount of $381.45, which is part of the 2007 Special Assessment Roll No. 562, for delinquent false alarm and weed removal charges, until November 8, 2007. Ayes - 5 - Nays - 0. The Mayor asked for additional questions or comments from the Council and the audience. Hearing no more, the hearing was declared closed at 9:03 p.m. Resolution No. 2007-190 MOTION: of Goodwin, seconded by Grendahl, adopting approving and levying 2007 Special Assessment Roll No. 562, for delinquent false alarm and weed removal charges, in the revised amount of $23,376.24. Ayes - 5 - Nays - 0. Mayor Hamann-Roland called a recess at 9:04 p.m. Mayor Hamann-Roland resumed the meeting at 9:09 p.m. 2007 SPECIAL ASSESSMENT ROLLS 563, 564, and 565 Mr. Ballenger reviewed the details on 2007 Special Assessment Rolls 563, 564, and 565, for improvements totaling $1,122,410.00. Assessment Roll 563 is for Eastwood Ridge 2nd, Assessment Roll 564 is for the southeast trunk water main, and Assessment Roll 565 is for Andy’s Market Car Wash. No written objections were received. Mayor Hamann-Roland called the public hearing to order, at 9:11 p.m., on Special Assessment Roll No. 563, 564, and 565, and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 9:12 p.m. Resolution No. 2007-191 MOTION: of Goodwin, seconded by Erickson, adopting approving and levying 2007 Special Assessment Roll Nos. 563, 564, and 565, for improvements, in the total amount of $1,122,410.00. Ayes - 5 - Nays - 0. 2007 SPECIAL ASSESSMENT ROLL 566 CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 11 Mr. Ballenger described Special Assessment Roll 566, totaling $50,501.00, for improvements to Galaxie Avenue. No written objections were received. Mayor Hamann-Roland called the public hearing to order, at 9:14 p.m., on Special Assessment Roll No. 566, and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 9:15 p.m. Resolution No. 2007-192 MOTION: of Bergman, seconded by Grendahl, adopting approving and levying 2007 Special Assessment Roll No. 566, for improvements, in the total amount of $50,501.00. Ayes - 5 - Nays - 0. THE VALLEY OFFICE PARK Mr. Lovelace described the request by Hub Management for a subdivision by preliminary plat of a 27.2 acre site located on the northeast corner of 147th Street W. and Flagstaff Avenue. The preliminary plat will create 5 lots. The request also includes a site plan/building permit authorization for construction of two 3-story, 60,000 square feet, office buildings; two 28,000 square feet office/showroom buildings; and one 78,400 square foot office/warehouse building. He reviewed the site plan which identifies two ponds which will provide infiltration and stormwater storage as well as a water feature for the site. Access will be via a public street as well as a private street. As part of the platting process, the City will be requesting a dedication of a 7.5 foot pathway easement for a regional trail Dakota County is interested in constructing. He then reviewed the grading and utility plans, for which there are no outstanding issues. Mr. Lovelace said the Natural Resources Coordinator has reviewed the landscape plan and has recommended some additional landscaping on the southeast side of the property and on the north property line to provide additional screening. Mr. Lovelace presented the elevation drawings. The entry treatment and parapet walls used for screening the mechanical systems of the two office buildings exceeds the maximum height. The resolution for the building permit authorization includes a variance for both features. Both the Planning Commission and staff recommend approval of the variances. Mayor Hamann-Roland said the buildings are very attractive and asked when they may be built. Councilmember Grendahl said she is pleased with the project, especially since new office buildings often result in new jobs. She asked what type of businesses may be leasing the space. Mr. Brent Godbout, of Hub Management, said they have retained United Properties to pre-market the site. The first building will likely be the office/warehouse and he is hopeful to have a building coming out of the ground next fall. The Council congratulated the petitioner on the nice project. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 12 Resolution No. 2007-193 MOTION: of Grendahl, seconded by Erickson, adopting approving the preliminary plat of The Valley Office Park (Outlot A, Magellan Addition), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-194 MOTION: of Grendahl, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for construction of a 78,400 square foot office/warehouse building on Lot 1, Block 1, The Valley Office Park, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-195 MOTION: of Bergman, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for construction of a 28,800 square foot office/showroom building on each of Lots 2 and 3, Block 1, The Valley Office Park, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-196 MOTION: of Grendahl, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for construction of a 60,000 square foot office building on each of Lots 4 and 5, Block 1, The Valley Office Park, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-197 MOTION: of Erickson, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary report for Project 05-314, Valley Office Park Utility and Street Improvements. Ayes - 5 - Nays - 0. DANGEROUS DOG ORDINANCE AMENDMENT Police Captain Marben gave the first reading of an ordinance amending Chapter 91 of City Code regulating dangerous and potentially dangerous dogs. The major changes to the ordinance are: potentially dangerous dogs must be secured in a proper enclosure and must be muzzled and on a leash when outside of their enclosures; owners of potentially dangerous dogs and dangerous dogs must notify the Police Department within 14 days of moving into Apple Valley and owners must notify the Police Department within 14 days of any death, sale, or transfer of the dog; all dangerous dogs shall be housed in areas zoned industrial; and no person may house or keep a dangerous dog in areas zoned residential. He added that the ordinance does not ban any breed of dog. Councilmember Goodwin noted this issue has received a lot of press lately. He asked for clarification on one article which stated once a dog is declared potentially dangerous it is branded potentially dangerous forever. Police Captain Marben reviewed the three appeal processes for dogs which have been declared potentially dangerous. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 13 Councilmember Erickson stated some news broadcasts have stated the industrial areas of Apple Valley will be filling up with dangerous dogs. He asked Police Captain Marben to report the number of dangerous dogs in the City. Police Captain Marben said currently there are no dangerous dogs in Apple Valley. Mr. Nordquist presented a map depicting the areas currently zoned “I-1” and “I-2” (Industrial), which is the area where dangerous dogs would be permitted under the proposed ordinance amendment. Councilmember Goodwin said one thing the Council may wish to consider adding is a requirement for liability insurance for a potentially dangerous dog. A dangerous dog is required to have liability insurance of $50,000, and perhaps a potentially dangerous dog should have a requirement for $10,000 in liability insurance. He also said he believes the owners should be accountable for their dogs. In some cases it seems like it would be appropriate to fine the pet owner; however, the State Legislature dictates what actions the City may take. City Attorney Dougherty confirmed the State does not enable cities to impose fines on dog owners at this time. Mayor Hamann-Roland added that dog behavior training may also provide a remedy. Councilmember Bergman asked if the City can legally require liability insurance on potentially dangerous dogs, as recommended by Councilmember Goodwin. City Attorney Dougherty responded that the City may require insurance on potentially dangerous dogs if it desires. Councilmember Bergman asked staff to survey what other cities do. Councilmember Erickson stated he did not feel a $10,000 insurance certificate would provide enough coverage for medical bills. Ms. Diane Grant, 1071 Whitney Drive, brought a publication from the American Veterinary Medical Association titled “A Community Approach to Dog Bite Prevention”, which addresses proactive methods a community can use to prevent having dangerous dogs. She said she has read the proposed ordinance amendment and commends the Council and staff for being leaders and not including breed-specific language. She encouraged the City to find ways to promote responsible pet ownership. She was concerned that moving a dangerous dog to an isolated location may increase aggressive behavior and nuisance barking, as well as the potential for neglect because it makes it more difficult for care givers to visit or spend time with their pet. She encouraged the Council to reconsider and allow dangerous dogs in residential neighborhoods provided they are kept within the structure defined for potentially dangerous dogs. She also commented about the CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 14 financial hardship of placing a pet in an industrial zoned area and what may happen if an owner cannot afford to house them there. Police Captain Marben reviewed the requirements for dog owners if their dog is declared dangerous. Councilmember Goodwin said a responsible pet owner will follow the requirements. The greater concern is irresponsible owners, who may just let their pet go. Ms. Grant further said there may be many people in industrial zones, so moving dogs there does not eliminate the risk. Lastly, she suggested the job description for the Hearing Officer responsible for declaring dogs potentially dangerous and dangerous include the necessary skills and training to make informed assessments. Ms. Shay Kennelly, 14632 Hayes Road, thanked the staff and Police Department for the handling of this issue. She questioned what provisions, if any, the City is going to make to ensure a location for housing dangerous dogs in the industrial areas. Police Captain Marben responded there is a Comprehensive Plan which guides the City, and the normal planning, zoning, and permitting process for any building would also be required for any type of kennel facility. Ms. Kennelly asked if a potentially dangerous dog would still need to be muzzled if it was within a six-foot secure fence. Police Captain Marben said as the ordinance is currently written, it would need to be muzzled. Councilmember Erickson stated we should not lose site of the fact we are trying to be proactive and prevent attacks if at all possible. Councilmember Goodwin recalled a situation when he was out for a walk and a dog was trying to get over a fence. He is open to discussing the height of the fence, but does not want everyone in the City to have a 12-foot fence around their property. Mr. Larry Larson, 13003 Garvin Brook Lane, described an attack on his dog earlier this summer, during which attack he was also injured. His dog was attacked another time as well. Mr. Larson said he has trouble on a weekly basis with owners not having their dogs on a leash and in their control. He applauded the Council on trying to be proactive. Councilmember Goodwin said Mr. Anderson, another one of his neighbors, reported a problem with the same dog Mr. Larson said attacked his dog this summer. Councilmember Bergman said it is important for pet owners to respect other people’s property. He also recommended owners keep their dogs close to them when they are out on a walk. Even CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 15 if a dog is on a leash, it can be frightening to a homeowner or passerby if the dog approaches them. He also inquired if the City has ever considered a dog park. Mr. Tim Meyers, 2334 Swan Drive, Mendota Heights, said he has two pitbulls and has trained them properly. He believes owners of breeds of dogs that are known to be aggressive should be required to take their dogs to a behavior class and learn how to control them. Councilmember Erickson said it is idealistic to say every dog can be trained. He has a yellow lab that went through years of training. They were unable to teach his dog not to stay when it saw other dogs, because it wants to socialize with other dogs. Mr. Mark Haskins, 1071 Whitney Drive, encouraged the Council to include in the ordinance some sort of incentive for responsible dog ownership, perhaps by reducing fees for dogs which have attended behavioral training classes. He stated the State of Minnesota recognizes the Canine Good Citizen Test as a means of identifying responsible dog ownership. Councilmember Goodwin encouraged the public to bring forth any information regarding canine testing or legislation other states or communities have implemented. Ms. Denise Boos, 16386 Godson Drive, Lakeville, stated she owns two American pitbull terriers. Because of the breed’s reputation, she took her dogs to get their Canine Good Citizen awards. She suggested potentially dangerous dog owners be required to take their dogs to obedience or behavior classes. Police Captain Marben noted that during the appeal process of a potentially dangerous dog the completion of an obedience course is taken into consideration by the Hearing Officer. Councilmember Goodwin asked if the City could require some sort of training for a potentially dangerous dog. City Attorney Dougherty said there may be some potential, but he will need to look at it. The ordinance, as it stands right now, is to protect the public from contact with a dangerous or potentially dangerous dog. To add responsibility to the owner outside of that context is something that will need to be researched. Mr. Brian Mitzberg, 2885 – 138th Street W., Rosemount, asked if the City has any authority to require a potentially dangerous dog be spayed or neutered. If a dog has a dangerous disposition and it breeds with another aggressive dog, that behavior can be passed on through its genes. He believes dangerous dogs are a result of breeding and irresponsible dog owners. Mayor Hamann-Roland thanked everyone for speaking and providing their insight into this matter. She asked if anyone else wished to speak. There were no other requests. The Council accepted the first reading. The second reading will be November 20, 2007. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 16 Mayor Hamann-Roland called a recess at 10:39 p.m. Mayor Hamann-Roland resumed the meeting at 10:44 p.m. RESIDENTIAL RENTAL PROPERTY ORDINANCE Police Captain Rechtzigel gave the first reading of an ordinance amending Title XI of the City Code by adding Chapter 122 regulating residential rental property. The ordinance would require registration of rental property with the City within 180 days of its adoption, and would require appointment of a rental manager as a point of contact. Any changes in the status of the registered property would be required to be recorded within 30 days. There would be no fee for the registration at this time. Ms. Molly Grove, of the Minnesota Multi-Housing Association, said its members are generally okay with the ordinance, and it is more palatable without a fee. One member asked for clarification with the penalty portion of the amendment. He is concerned he could be charged with a misdemeanor for an honest mistake in the paperwork. City Attorney Dougherty said he spoke with Mr. Watrud earlier today. He told Mr. Watrud he would review the language between now and the second reading and do his best to make sure the language is clear. The Council accepted the first reading. The second reading will be November 20, 2007. “RB” ZONING DISTRICT ORDINANCE AMENDMENT Ms. Bodmer gave the second reading of an ordinance amending “RB” (Retail Business) Zoning Districts to allow a drive-thru window in conjunction with a Class III Neighborhood Restaurant. A Class III restaurant is specifically intended to have minimal nuisance characteristics so it can be located in close proximity to residential areas and includes sandwich shops, bagel shops, and delicatessens. The first reading was October 11, 2007. At that time, three questions were raised. Ms. Bodmer reviewed the issues and staff’s findings. She presented the traffic counts and a preliminary sketch plan for the drive-thru for the coffee shop interested in locating in the East Valley Plaza Shopping Center. She added that there are elevation differences and berming on the south side of the shopping center property, which will help in screening the homes from traffic and headlights. The Planning Commission reviewed this item at its September 19, 2007, meeting and voted unanimously to recommend approval. Councilmember Bergman said he feels the drive-thru at the Subway in Northfield is very different than the drive-thru for this coffee shop. The Subway in Northfield is in the heart of downtown with very few houses nearby, where the coffee shop in this example is right next to a residential neighborhood. He said he would prefer to make the decision on a case-by-case basis instead of CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 17 passing an ordinance which offers blanket approval. Councilmember Bergman said he is not in favor of a drive-thru this close to a residential neighborhood. Councilmember Grendahl asked the distance from the residents. Ms. Bodmer said the nearest home is 250 feet from the drive-thru window. Councilmember Goodwin commented on the traffic counts. He was not surprised to see that the traffic counts are relatively low on 141st Street. Although the drive-thru path is not certain, he doubts anyone coming from 140th Street would drive down 141st Street to go to the coffee shop when they can cut through the shopping center. He asked how many extra trips were estimated with the drive-thru window. Ms. Bodmer said approximately 60 additional trips, 30 in and 30 out, will result due to the drive- thru window. Councilmember Goodwin stated even if all 60 trips went down 141st Street that would not be a significant amount of traffic. Ms. Bodmer clarified there would be 60 additional trips because of the drive-thru window. It is not the number of trips to the coffee shop without a drive-thru window. Mayor Hamann-Roland said at the first reading some residents voiced concern over the headlights shining into their homes. What provisions would be made to minimize that concern. Ms. Bodmer said it is an issue that needs to be analyzed, but she offered that berming and landscaping on the south side of the property would have a positive screening effect. Mayor Hamann-Roland said it is important to protect the residents from nuisances and it is important to help the vibrancy of the shopping center. The goal is finding a way to make both things happen. Ms. Bodmer said if the ordinance passes, the petitioner would need to come back for a Conditional Use Permit. At that time, details of the driving lanes and the impacts on residents can be reviewed. Ordinance No. 823 MOTION: of Goodwin, seconded by Erickson, passing amending City Code to allow a drive-thru window in conjunction with a Class III Neighborhood Restaurant in an “RB” (Retail Business) Zoning District, with conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 2 (Bergman and Grendahl). Mayor Hamann-Roland encouraged the petitioner to be considerate of the neighbors when designing the drive-thru so as to minimize its impact. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 18 FIRE PREVENTION ORDINANCE AMENDMENT Deputy Fire Chief Thompson gave the second reading of an ordinance amending Chapter 93 of the City Code relating to Fire Prevention. The amendment adopts the Minnesota Fire Code pursuant to Minnesota Statutes 299F.011 and modified by Minnesota Rules, Chapter 7511. It also clarifies requirements for a recreational fire. Ordinance No. 824 MOTION: of Goodwin, seconded by Erickson, passing amending Chapter 93 of the City Code regulating fire prevention. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Mayor Hamann-Roland invited the public to attend the Dakota Communications Center Open House on October 22, 2007, at 10:00 a.m. to 2:30 p.m., and thanked Councilmember Erickson for serving on the Executive Board. Mayor Hamann-Roland presented a plaque from SEH recognizing the City of Apple Valley for being ranked 28 in the “Best Places to Live” by Money Magazine. Councilmember Bergman asked Mr. Johnson to have the Parks and Recreation Advisory Committee look into the possibility of a dog park. Mr. Johnson said the Parks and Recreation Advisory Committee looked into that approximately five years ago. After checking the inventory and reviewing all possible locations, it was determined there was no suitable location meeting size and parking requirements as well as proximity to neighboring properties. However, as the gravel area is developed to the southeast, there may be new opportunities. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Erickson, approving the calendar of upcoming events as included in the City Clerk’s memo dated October 22, 2007, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated October 17, 2007, in the amount of $3,489,035.76; and October 24, 2007, in the amount of $3,308,586.78. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2007 Page 19 MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:16 o’clock p.m.