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HomeMy WebLinkAbout02/09/1976CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1976 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held February 9th, 1976, at 7:30 o'clock p.m. PRESENT: Mayor Largen; Councilmen Branning, Garrison, Hayes and Holton; Clerk Asleson. ABSENT: None. Mayor Largen called the meeting to order at 7:40 p.m. The Council members and everyone in attendance took part in the pledge of allegiance to the flag. Mayor Largen gave the invocation. MOTION: of Garrison, seconded by Hayes, approving the minutes of the meet- JAN. 26. 1976 ing of January 26th', 1976, as written. Ayes - 5 - Nays - 0. MINUTES MOTION: of Branning, seconded by Holton, adopting Resolution No. 1976-12 proclaiming February 15th, 1976, as Susan B. Anthony Day as re- quested by the League of Women Voters. Ayes 5 - Nays - 0. RES. 1976-12 SUSAN ANTHONY DAY A petition requesting that snowmobiling be allowed on City property between Cedar and Galaxie Avenues at 140th Street was received. Mr~ Roger Person, representing those sign- ing the petition, was present. The Council referred the question to the Urban Affairs Committee and also directed that it completely review the snowmobile ordinances. The Council said, it this area were considered for snowmobiling, the same speed limit and time restrictions as on a City street should apply. MOTION: of Garrison, seconded by Hayes, approving the Agreement for Herit- HERITAGE HILLS age Hills 2nd Addition with the addition of sidewalk being con- 2ND ADDITION structed along the easterly side of Hamlet Avenue to maintain con- AGREEMENT tinuity with the 1st Addition and acknowledgement by Developer that the Outlot will have to be replatted before anything can be constructed on it and the Outlot may be subject to a street right- of -way dedication. Ayes - 5 - Nays - 0. Councilman Hayes questioned requiring a pathway to be constructed with the 2nd Addition of Heritage Hills when it will lead nowhere and may deteriorate before connecting pathways are constructed. John Voss said it is much easier to construct a pathway before people move into the area than to hold money in escrow and do it at a later date. Paula Rhodes of the League of Women Voters was present and commented on the reason for requesting a Susan B. Anthony Day be proclaimed and her importance in the women's sufferage movement. John Gretz reviewed the plans for a Time, Tool and Equipment Rental Agency at 146th Street and Pennock Avenue. The Planning Commission requested the Council review the plans, because it is a metal building, before a public hearing is held on the conditional use permit request for outside storage. The Council said if the building has a different exterior treatment on the sides facing 146th Street and Pennock Avenue they would not object to it being a metal building. MOTION: of Garrison, seconded by Hayes, granting a variance for a sign set- EATON SIGN back of 6 feet from the road right-of-way for Eaton's sign, sub- VARIANCE ject to minimum 8-inch letters with maximum of 27 letters on sign face and removal of the Leanin' Tree sign, until Cedar Avenue is upgraded as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1976 Page - 2 MOTION: of Holton, seconded by Branning, adopting Resolution No. 1976-13 authorizing the sale of the City-owned ambulance to Midwest Med- Kab, Inc. for $10,600.00. Ayes - 5 - Nays - 0. RES. 1976-13 AMBULANCE SALE RES. 1976-14 TOWNHOUSE ASSN. TAXATION MOTION: of Holton, seconded by Hayes, adopting Rasolution No. 1976-14 urging the Congress of the United States and the Minnesota Legis- lature to pass legislation giving tax exempt status to townhouse associations. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-15 RES. 1976-15 establishing an operation, maintenance and capital outlay budget ICE ARENA for the ice arena for the balance of 1976 and authorizing recruit- BUDGET & MGR. ment of an ice arena manager. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1976-16 set- RES. 1976-16 ting a public hearing February 23rd, 1976, at 8:00 p.m. on project PUBLIC HEARING 75-90, water mains connecting the 140th Street wellfield to exist- PROJECT 75-90 ing mains on Pilot Knob Road and Galaxie Avenue. Ayes - 5 - Nays - 0. The City Clerk reviewed the CATV franchise ordinance with regard to the request for reduction in the bond amount by Metro Cable, Inc. He said he would recommend reducing it to $10,000 provided it be increased to $50,000 again if Metro Cable resumes construct- ion or problems occur. Don Romain, Chairman of the CATV Commission, said they did not recommend reducing the bond since there is evidence it is needed, but would not object to the reduction if it could be increased again when necessary. MOTION: of Garrison, seconded by Holton, authorizing a reduction in the bond METRO CABLE required of Metro Cable, Inc., by Ordinance No. 121 from $50,000 BOND REDUCTION to$10,000 provided Metro Cable increases it to $50,000 again or makes a good faith effort to do so when requested by the City Council or the CATV Commission. Ayes - 4 - Nays - 1 (Branning). MOTION: of Garrison, seconded by Branning, authorizing a reduction in the P.H. 6TH ADDN. bond for Palomino Hills 6th Addition Replat from $133,400 to BOND REDUCTION $104,938 and releasing the $92,000 bond on the Cluster layout because items covered it are no longer applicable due to the Replat. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton, authorizing the Engineer to prepare PRELIMINARY a preliminary report for 140th Street from Garden View Drive to the REPORTS north boundary of the Meadows Plat and a preliminary report for 140TH STREET 140th Street from the north boundary of the Meadows plat to the Burnsville border. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Garrison, approving Change Order No. 4 to APPROVE Project 74-64A of $2,572.88 for Hayes Road improvements; Change VARIOUS Order No. 3 to Project 74-54A of $3,205.95 for water service to CHANGE ORDERS Lot 8 of White Oak Ridge Addition; and Change Order No. 4 to Project 74-54A of $2,707.50 for extra grading and material in Green- leaf 9th Addition. CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1976 Page - 3 M~yor Largen, Councilman Garrison and Clerk Asleson attended a meeting with the Dakota County Legislative Delegation today and revisions in the County form of government were discussed. They were also informed the bill to revise the formula used to determine State Aid funds has been presented in the House. The bill authorizing insurance pay- ments to free-standing medical facilities is through the committees and now before the House. The Metropolitan Framework bill is now in conference committee. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1976-17 RES. 1976-17 stating the City of Apple Valley supports the House version of the METRO FRAMEWORK Metro Framework Bill except the Senate portion on capital financing LEGISLATION should be used instead of the House portion. Ayes - 5 - Nays - 0. Gene Glenn, Planning Commission Chairman, attended a meeting called by Hennepin County in Bloomington this evening to discuss the closing of the bridge on Normandale in January 1977. He said most of the discussion concerned the areas west of 35W, but Cedar Avenue was also mentioned. Notice was received that the Planning Commission will be holding a public hearing on March 3rd on the proposed revisions to the City zoning ordinances. MOTION: of Garrison, NO SECOND, setting the regular City Council meetings for the second and fourth Fridays in March at 1:00 p.m. MOTION FAILED. MOTION: of Holton, seconded by Hayes, setting the regular City Council meet- SET MARCH & ing for the second and fourth Wednesdays in March and April at 7:30 APRIL MEETINGS p.m. Ayes - 3 - Nays - 1 (Largen) (Garrison abstained). MOTION: of Branning, seconded by Holton, to set an informal City Council INFORMAL meeting for Saturday, March 6th, at 10:00 a.m. to discuss liquor MEETING operations and such other business as necessary. Ayes - 5 - Nays - 0. Mayor Largen left at this time, 9:15 p.m. The 1975 Annual Police Report was received. Topics discussed for the upcoming issue of the "Council Table"were open garage doors, Police Department; firemen's dance and new fire station, Chief Tuthill; spring recreation program and golf course, Mike Bassett; and Bicentennial Committee items. All articles are requested to be completed by February 23rd, 1976. Staff was also authorized to prepare a water bill enclosure concerning donations of July 4th activities similar to 1975. MOTION: of Branning, seconded by Hayes, authorizing the attendance of four VARIOUS Utility Department employees at a Water Treatment School at Dakota SCHOOLS AND Vo-Tech at $10.00 each; the attendance of any Planning Commission SEMINARS members and John Voss at a Planning Seminar in Bloomington at $25.00 each and the attendance of Sgt. Dan Sams at a Police Seminar in Virgina for five days at no cost to the City. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1976-19 approving the specifications for Deep Well No. 6, Project 75-76, and receiving the specifications. Ayes - 4 - Nays - 0. RES. 1976-18 DEEP WELL 6 SPECS. MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-19 auth- orizing advertisement for bids for Deep Well No 6, Project 75-76, to CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1876 Page - 4 be received Monday, March 8th, 1976, at 2:00 p.m. at the City RES. 1976-19 Hall. Ayes - 4 - Nays - 0. WELL 6 BIDS John Voss said Dakota Electric Association's next Board meeting is February 26th and he has requested to be placed on the agenda to discuss location of the proposed building in Apple Valley. He also suggested some of the Council members might want to attend the annual meeting February 14th. MOTION: of Garrison, seconded by Branning, appointing Alan Kohls, Ronald Schoof and Jane Angeil to the Historical Committee to fill vacancies caused by resignations. Ayes - 4 - Nays - 0. HISTORICAL COM. APPOINTMENTS The Council members discussed assigning liaisons to various departments for 1976. It was decided Councilman Garrison would have Public Safety (Police, Fire and Civil Defense) and Liquor; Councilman Branning would have Public Works, Planning Commission and CATV Commission; Councilman Hayes would have Parks and Recreation and Schools; Councilman Holton would have Administrative Areas and the Dakota League. MOTION: of Branning, seconded by Hayes, that Mayor Largen's letters to PUBLISH MAYOR'S the Council of January 12th and 26th, 1976, be attached to and LETTERS published with the minutes of the meeting of February 9th, 1976. Ayes - 4 - Nays - 0. Councilman Garrison commented on the relocation of Apple Valley's postal service to the distribution center in Eagan effective March 1st, 1976. The mail will be sorted there rather than Rosemount and undelivered mail will have to be picked up there. He also said the Post Office's five-year lease in Rosemount expires April 30th, 1976, and he would like to request they renew it for three years instead of five in the hope that Apple Valley will have a free standing facility at that time. He was directed to write and urge the Post Office to consider construction in Apple Valley as soon as possible. MOTION: MQTION: of Hayes, seconded by Branning, to pay the claims and bills, checks numbered 15353 through 15448, in the total amount of $476,524.66. Ayes - 4 - Nays - 0. CLAIMS & BILLS of Branning, seconded by Garrison, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:59 o'clock p.m. TO: The Clerk and City Council of the City of APPLE VALLEY Fram: Fred J. Largen }~ayor In August of 1975 -'I began a consulting responsibility in the area of developing new outpatient surgical facilities that was originally to terminate on Oct. 31,1975. This necessitated some readjustment in mytime scheduling but allowed me to be at most regularly scheduled council meetings and in addition I flew back twice for special meetings with Don Bridgewater over the zoo acess road problem. The developing malpractice crisis extended my responsibilities in November and December ~ with thus necessitated my being present for monday meetings and flying the rest of the week ~ The council accomodated me in November which I most appreciated and it was my understanding per a pole of the council our last meeting in November that the same would be true of December. It was therefore my understanding that that I should adjust my schedule in December to Monday's also. I was therefore somewhat amazed that although I was home almost 1/2 the month that the meeting schedule was not on mondays which prevented my being present. My schedule is not '~ that flexible so. that I could not make that change. This is all irrelevant accept that I was a little hurt about being criticized for missing meetings that were not my fault. I have ~neever been one to shirk responsibility and~ I do not intend to start now. I also informed councilman Garrison last month that if there was any indication - that my consulting ~responsibilities were going to extend into the new year that I was going to make the decision-to resign the Mayors position. The current critical state that the medical Malpractice Crisis has reached on the west coast and my new responsibilities as the newly elected chairman of the California Association of Freestanding Outpatient Surgical Centers demands that my leadership be exercised in this important area well into 1976. It is therefore with a deep affection for you all and a real sense of gratitude for the diligent service of all our employees that I am submitting my resignation as mayor of the City of Apple Valley effective March 1, 1976. This will close a period of 9 years of public sevice beginning with my election ~a Moderator of Lebanon Township in March of 1967. I am proud of our record of accomplishments over the past 9 years and proud to have been a part of them in spite of the long hours toil and the considerable sacrifice on the part of my family. I am grateful to the council and the staff for the friendship and association we have shared and will always treasure them as a significant potion of my life. Over the next six weeks I will endeavor to~ make myself available as much as possible, consistent with my respensibilities, to make the transition as smooth and as orderly as 'possible. God's Blessings on You All: Respectfully Submitted Fredrick J. Largen January 26, 1976 TO: City Clerk, City of Apple Valley TO; Councilmen Garrison, Branning, Holton and Hayes TO: Citizens of Apple Valley FROM: Fred J. Largen, Mayor of the City of Apple Valley Two weeks ago I expressed to you my desire to resign the mayor's position based on my present involvement in the development of out-patient surgical centers around the country which necessitated my being away from the city during mid-week and the City Council's seeming inability to adjust to a Monday meeting schedule, I submitted my resignation for what I felt was the good of the community. Now, I find, however, have created a monster far more complex than the problem I sought to solve. To spell out for you some of the implications. . . there are at the present time at least two councilmen who are highly interested in the mayor's position, both of whom are highly qualified individuals who could do the mayor's job effectively. The se- lection process spelled out in the law, however, becomes complex when there is more than one member of the city council interested in succeeding a mayor who has resigned his position. Neither candidate could vote in his own selection process. Which is to be considered first? The one who gets a motion on the floor first for his selec- tion? It is possible that if each of them had a supporter among the other council members that one could get a motion in but no second, or it is possible that one could get a 2 to 2 .tie. In addition,.the complexities of the selection process it has been historically shown that in these kinds-of situations the cohesiveness of a city council is rendered less effectual if not torn asunder. In reviewing this situ- ation I developed a great deal of sympathy and understanding of the agonies the Burnsville city council went through over this same issue several years ago. I reviewed the whole matter today with the City Attorney and find that there are no easy solutions to the 'problem that would leave in my judgment, the city council intact as a harmonious working unit. Apart from this issue several members of the city council have expressed their reluct- ance to accept my resignation and have urged its reconsideration as have a great num- ber of other people. I have, therefore, come to the following conclusion. In November of this year the voters of the City of Apple valley will have an opportunity to make this selection of a Mayor and three Councilmen without the kind of difficulties inherent in the present situation. The public selection process will allow the selection of municipal officers for this city without a councilman being forced to make personal choices without the privacy of the voting booth. For these reasons I am at this time withdrawing my letter of resignation submitted to you on January 12, 1976 and will attempt to finish out my term which ends this year. Whether or not I am absent or present at the regular city council meetings for the rest of this term this year will be the council's responsibility. When Councilman Goodoien had a business flying schedule which took him out of town in the middle of the week I gave up my day off and changed some important church board meetings to accommodate him for Monday meetings. It was for me at that a great inconvenience but I felt it was my responsibility to have some consideration for his business schedule. It is now necessary that I receive the same kind of consideration or be absent. I come to this conclusion as a result of a great deal of soul-searching and feel that although it is not the best solution for me, it is the best solution for the city and for all concerned. Sincerely yours, Fredrick,~J. Largen