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HomeMy WebLinkAbout06/27/2002CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 27th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann -Roland; Councilmembers Erickson, Goodwin, and Grendahl. ABSENT: Councilmember Sterling. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks & Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, and Human Resources Manager Strauss. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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. No one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Goodwin, adding approval of an Estoppel Certificate for Southport Centre refinancing to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of June 13th, 2002, as written. Ayes - 4 - Nays - 0. Resolution No. 2002-115 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1991 Mitsubishi automobile from Charles Holscher to the Fire Department for use in training. Ayes - 4 - Nays - 0. Resolution No. 2002-116 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1992 Ford Ranger pickup from Cody J. Schaefer to the Fire Department for use in training. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2002 Page 2 Resolution No. 2002-117 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of $750.00 from McDonald’s Corporation for use toward parks and recreation 4th of July programs and activities. Ayes - 4 - Nays - 0. Resolution No. 2002-118 MOTION: of Grend ahl, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to A Festival of the Heart & Soul, Inc., for use on September 1, 2002, at the Minnesota Zoo, 13000 Zoo Boulevard, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to the Rosemount Jaycees for use at Johnny Cake Ridge Park, 5800 West 140th Street, on July 4, 2002, as described in the City Clerk’s memo dated June 24, 2002. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of a new 2002 Off-Sale 3.2 Percent Malt Liquor License to Target Store T-0643, at 15150 Cedar Avenue, as described in the City Clerk’s memo dated June 24, 2002. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of a party permit to Gary and Shirley Schroeder, 8032 West 174th Street, Lakeville, Minnesota, for a picnic, at Alimagnet Park, pursuant to City Code Section 95.03(G)(1), valid on August 3, 2002, only. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Medical Direction Agreement with Dr. Jeffrey Swanson to provide services for the Public Access Automated External Defibrillator Program, as attached to the Police Chief’s memo dated June 20, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by G oodwin, approving a Joint Powers Agreement with Dakota County and Cities for the 2002-2003 Wetland Health Evaluation Program, at a cost of $3,850.00, as attached to the Natural Resources Coordinator’s memo dated June 13, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, granting a setback variance to allow construction of a trash enclosure to within nine feet of the east side lot line on Lot 3, Block 1, Apple Valley Commercial 2nd Addition (14980 Garrett Avenue), as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2002 Page 3 MOTION: of Grendahl, seconded by Goodwin, granting a setback variance to allow construction of a porch addition to within 25 feet of the front lot line on Lot 6, Block 12, Greenleaf 9th Addition (13121 Doyles Court), as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2002-119 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for construction of four conditioning cages for injured and orphaned wildlife on part of Lot 1, Block 1, Minnesota Zoological Garden, with conditions as recommended by the Planning Commission, Minnesota. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving release of the letter of credit financial guarantee for Fischer Market Place, from $5,219,843.00 to 0. Ayes - 4 - Nays - 0. Resolution No. 2002-120 MOTION: of Grendahl, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 02-199, Paulseth House Sanitary Sewer Connection (84 County Road 42). Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting the ALF Ambulance Office Addition to Fire Station No. 1 Project as final and authorizing final payment on the contract with Meisinger Construction Company in the amount of $6,777.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Lease with Option Agreement with VoiceStream Minneapolis, Inc., for a monopole site lease at Hagemeister Park; as attached to the Public Works Director’s memo dated June 27, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving the 2001 City Financial Audit and Management Letter of Kern, DeWenter, Viere, Ltd., as attached to the Finance Director’s memo dated June 24, 2002. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Volunteer P olice Services Agreement with the City of Chaska for the 2002 PGA Championship, August 9 to 18, 2002, as attached to the Police Captain’s memo dated June 24, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement with SafeAssure Consultants, Inc., for OSHA required maintenance employee training services, at a cost of $6,260.00, as attached to the Human Resources Manager’s memo dated CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2002 Page 4 June 24, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated June 27, 2002. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Estoppel Certificate, related to refinancing by entities owning Southport Centre property, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA PALOMINO EAST APARTMENTS/WATRUD SETTLEMENT George Hoff, representing the City on behalf of the League of Minnesota Cities Insurance Trust (LMCIT), distributed a Settlement Agreement document for the Palomino East Apartment/Joel Watrud claim. He recommended that the Council approve the Agreement and stated if it is not acted on tonight, it would be withdrawn. The reasons for the settlement are confidential, under attorney-client privilege, and he advised the Council to refrain from discussing its merits. This is a two-stage settlement that provides for issuance of a building permit on property located west of Pennock Avenue at approximately the 126th Street alignment. Final dismissal does not occur until a final certificate of occupancy is issued on the project. Mr. Dougherty concurred with Mr. Hoff’s recommendation and advised the Council that if it had questions about the terms of the Agreement, it should go into closed session at this time to discuss them. Mr. Kelley reviewed the steps to procedurally administer the terms of the settlement. A development agreement and final plat for the one-lot subdivision is required. Approval of a Natural Resources Management Permit (NRMP), by resolution, will allow grading and filling the small wetland, with mitigation, in the center of the property. The wetland on the north is being preserved. Finally, ordering of a preliminary engineering report is requested for municipal improvements to the site. The site plan for the 72-unit apartment building is the same as that submitted previously. It is a three-story building with underground parking. Robin St. Ana, 346 Cimarron Road, objected to development of the site, filling any wetland, and read excerpts of covenants on the Palomino Hills subdivision stating the land can be used for residential purposes only and the residents are entitled to use of a bridle path forever. They thought the issue was resolved a year ago and does not believe it is reasonable to settle. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2002 Page 5 Ann Stone, 315 Cimarron Road, said her house is a rambler and the apartment building will be in her backyard. She asked the Council to delay action so the neighborhood can discuss it and have more time to review the agreement. Mr. Hoff said if the Agreement is not acted on, it is withdrawn and the matter would go back to the Court. July 3, 2002, is the date for the matter to come back if not settled. Councilmember Erickson noted that District Court has already ordered the City to approve the preliminary plat and building permit for the site. Councilmember Goodwin commented on his first involvement with use of the site 18 years ago in 1984. Several years later, an apartment building was approved (that was never built). At that time, the nearest neighbors said they preferred one building instead of two. The problem is it has been zoned for apartments since the 1960’s. The City tried to change the zoning but lost in Court. If the City continues to pursue the matter, it could be responsible for paying damages. He does not believe this is an appropriate use for the site, but it is a reality. Mayor Hamann-Roland said the Council is disappointed and frustrated by the decision. They thought a townhouse project could be worked out for the site, but it will not happen. Mr. St. Ana asked how the Palomino Hills covenants apply? Mr. Dougherty said covenants are an agreement between private parties and do not have the force of law. The bridle path area is not a public easement. Councilmember Erickson said the neighbors could bring suit over the bridle path issue if they want to, but the City could not be part of it. Mr. Kelley said plans show the building will not be constructed on the area of the bridle path. Mr. St. Ana said he believes the City should have acted to purchase the property and sell it back to the neighbors. They attempted to contact Mr. Watrud about buying it, but calls were not returned. Councilmember Goodwin noted some years ago, there may have been a time when the site could have been acquired reasonably. Mr. Dougherty said the site was excess right-of-way the State acquired for Cedar Avenue. Such excess property is first offered back to the original property owner at its appraised value. MOTION: of Erickson, seconded by Goodwin, approving the Settlement Agreement in the matter of Joel Watrud v. City of Apple Valley regarding the Palomino East Apartment Project, located west of Pennock Avenue at approximately the 126th Street alignment; with terms as presented and recommended by legal counsel, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2002-121 MOTION: of Goodwin, seconded by Erickson, adopting approving the final plat and Development Agreement for Palomino East subdivision and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2002 Page 6 Resolution No. 2002-122 MOTION: of Goodwin, seconded by Erickson, adopting approving issuance of a Natural Resources Management Permit, with conditions, for Palomino East Apartments to HKS Associates, Inc., on behalf of Joel Watrud. Ayes - 4 - Nays - 0. Resolution No. 2002-123 MOTION: of Goodwin, seconded by Erickson, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 93-334, Galles Addition and Palomino East Apartments Utility and Street Improvements. Ayes - 4 - Nays - 0. LEGACY OF APPLE VALLEY DEVELOPMENT Ms. Milton Dykes reviewed her memo describing the Comprehensive Plan amendment and planned development zoning ordinance for the Legacy of Apple Valley located south of 153rd Street between Galaxie Avenue and Foliage Avenue. The 28-acre site is proposed for a pedestrian-oriented mixed use development. The landscaping portion of the proposed ordinance is recommended to be changed to incorporate public art and streetscape elements into the two and one-half percent of value of construction landscaping requirement. At this time, building permit authorization for a 312-unit, four-story, market-rate apartment building, at the southwest corner of the site, is also requested. The building will have one level of 418 underground parking spaces and a total of 563 parking spaces. The south private drive access to Galaxie Avenue will be merged with the existing driveway access to the Kingston Green Apartments to the south. She showed colored renderings of the building exterior. Resolution No. 2002-124 MOTION: of Grendahl, seconded by Goodwin, adopting approving an amendment to the Comprehensive Land Use Guide Plan and Map changing the designation of property located south of 153rd Street, between Galaxie Avenue and Foliage Avenue, from “C” (Commercial) to “Mix” (Mixed Use), as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 4 - Nays - 0. Ordinance No. 716 MOTION: of Goodwin, seconded by Grendahl, passing amending Appendix F of Chapter 155, of the City Code, by adding Article A30 establishing Planned Development Zoning Designation No. 716 for land uses in the Legacy of Apple Valley, south of 153rd Street, between Galaxie Avenue and Foliage Avenue; and providing for performance standards regulating building size and bulk, setbacks, and appearance, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a Planned Development Agreement with The Hartford Group, Inc., for development of the Legacy of Apple Valley in CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2002 Page 7 conformance with the Planned Development Zoning Ordinance and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2002-125 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of Tuscany Apartments on Lot 1, Block 1, The Legacy of Apple Valley, with conditions as recommended by the Planning Commission, Minnesota. Ayes - 4 - Nays - 0. Elizabeth Kautz, Executive Vice-President of The Hartford Group, thanked the Council and Staff for their support in preparing the development plans. They believe they have found a sculptor who will work with them on the public art portion of the project. MOTION: of Erickson, seconded by Grendahl, setting a public hearing, at 8:00 p.m., on July 25, 2002, to consider an ordinance authorizing establishing a storm sewer improvement taxing district, for construction and maintenance of such systems, and establishment of District Number 1 for The Legacy of Apple Valley property; and ordering publication of the necessary hearing notice. Mr. Kelley reviewed his memo, dated June 24, 2002; describing the initial steps in establishing a storm sewer improvement district for construction and maintenance of a storm water pond and walls in the Legacy of Apple Valley. Such a district would be used to provide the necessary financing for property receiving special benefit. Vote was taken on the motion. Ayes - 4 - Nays - 0. LOGIS GROUP HEALTH INSURANCE PROPOSALS Ms. Strauss introduced Yvonne Johnson, of Stanton Associates, consultant for the LOGIS group. Ms. Johnson discussed the preliminary results of the request for health insurance proposals received June 25, 2002. Two bids were received; one from Medica with a proposed 12.6% increase in premiums and one from Preferred One with a 22% increase. The bid from Medica was disappointing in that they were anticipating a 0 to 4 percent increase based on earlier discussions with Carol Dalton, a now retired representative of Medica, regarding the renewal and review of the group’s claims experience as well as other factors. She commented on several factors underwriters look at in making proposals. There will be negotiations before renewal proceeds, but that cannot be done by July 1st. The LOGIS Health Committee meets July 10th to determine the award and then negotiations begin. Councilmember Grendahl questioned the effectiveness of a negotiation process when a vendor has already been selected. She asked for follow-up on the question of elected officials coverage if Medica cited legal concerns about offering it. She also asked for an answer about whether other cities are in violation of the law by offering such coverage. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2002 Page 8 Mayor Hamann-Roland said if the LOGIS group was considering asking the Attorney General to look into the increase proposed by Medica, she would support the request. Councilmember Grendahl said, in the future, she would like to see this information at least 30 days before the Council has to make a decision. Councilmember Goodwin asked whether an option would be for LOGIS to move its withdrawal date back? Ms. Johnson said the dates were set to try and get numbers for cities’ budgets earlier and yet continue with a January 1st renewal date. If bids are requested earlier, the available data for experience ratings and the basis used for proposals becomes even older. She will also ask their attorneys to look into the question of providing elected officials coverage. The Council received Ms. Strauss’s memo dated June 25, 2002, describing the preliminary results of the LOGIS group’s request for proposals for health insurance and took no action. ORDINANCE REGULATING POTENTIALLY DANGEROUS & DANGEROUS DOGS Police Chief Johnson gave the second reading of an ordinance amending City Code Section 91.20 regulating potentially dangerous and dangerous dogs as attached to his memo dated June 24, 2002. The amendments require notification to the City when a dangerous dog dies or is relocated to another jurisdiction. A dog declared potentially must have a microchip implanted for identification. The appeals process, in place for dangerous dog declarations, is extended to allow appeal of a potentially dangerous declaration. Ordinance No. 717 MOTION: of Erickson, seconded by Goodwin, passing amending City Code Section 91.20 regulating potentially dangerous and dangerous dogs by adding language incorporating regulatory and procedural provisions in Minnesota state law including microchip identification of dogs, notice of dog’s death or relocation, notice of dog kept on rental property, sale of dog and dog sterilization. Ayes - 4 - Nays - 0. ORDINANCE AMENDING FEES RELATED TO ANIMAL BOARDING Police Chief Johnson gave the first reading of an ordinance amending fees for boarding impounded animals, quarantine, euthanasia, and disposal services as attached to the memo dated June 24, 2002. Under contract, Cedar View Animal Hospital provides these services for the City and it has instituted a rate increase. The City’s fee increase is recommended to reflect the new fees. Since these are pass-through charges, a second reading of the ordinance could be waived and the ordinance acted on at this time. MOTION: of Grendahl, seconded by Goodwin, waiving the requirement for a second reading Ordinance No. 718 and passing amending Appendix A of Chapter 35 of the City Code by setting fees for boarding impounded animals at $15.00 per day, CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2002 Page 9 quarantine boarding at $17.00 per day, euthanasia at $16.00, and animal disposal at $27.00. Ayes - 4 - Nays - 0. ORDINANCE AMENDING TOWED AND ABANDONED VEHICLES REGULATIONS Police Chief Johnson gave the first reading of an ordinance amending City Code Chapter 90 regulating towed and abandoned vehicles as attached to his memo dated June 24, 2002. The amendments clarify definitions of “abandoned motor vehicle”, “junk vehicle”, and “unauthorized vehicle”. It requires abandoned or junk vehicles to be held for 15 days and unauthorized vehicles for 45 days before disposing of them. It authorizes the City to sell unclaimed abandoned, junk, and unauthorized vehicles at either public auction/sale or dispose of them as scrap metal after reasonable steps have been taken to notify the owners. He noted that police officers and code enforcement officers will continue to work with private citizens and the business to identify owners of the vehicles and have them removed before impounding them. The Council accepted the first reading. The second reading will be scheduled for July 11, 2002. COMMUNICATIONS & CALENDAR The Council received a memo dated June 24, 2002, with a calendar listing upcoming events. Mayor Hamann-Roland reminded everyone that numerous activities are planned during the next week in connection with the 4th of July celebration; including the parade and fireworks display. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated June 20, 2002, in the amount of $870,747.11; and June 27, 2002, in the amount of $3,928,745.65. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:15 o’clock p.m.