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HomeMy WebLinkAboutCity Council Minutes 04-02-1963April 2, 1963 Pursuant to due call and notice thereof, a Regular Meeting of the Village Council of the Village Df Plymouth, Minnesota, was duly held at the Village Dalt on the 2nd day of April, 1963, at 7:30 o'clock P.M. Present: Mayor Keefe, Trustees Curtis, D'Fallon, Reinan, Tart, the Village Clerk and Attorney, and Mr. Craik, Spencer, Assistant Village FzLgineer. Absent: None. Mayor Keefe called the meeting to order. Copies of the minutes of the meeting of Yarch 19, 1963, as mailed to each Councilman, were approved. A discussion was held on an ordinance Regulating the Licensing and Sale of Intoxicating Liquors in the Village of Plymouth which had Re Liquor Lide been prepared and submitted to the Council at previous meetings. It was ing Ordinance recommended at a previous meeting that Section 6, Sub -paragraph (a) be Advisory Bnxq revised and that the Village Attorney sub¢d.t a revision in accordance Mote at with Council's suggestions. This amended paragraph, as prepared by the Village Elect.i 11:* lage Attorney, was agreed upon and substituted in place of Sub.- peragraph (a), Section 6.01, and commencing; at the third line of the original Sub -paragraph (a) with the words, "No On -Sale" shall be idem tified as Sub -paragraph (b), each succeeding paragraph under Section 6 would be advanced one alphabieticai letter. A discussion was' then held with reference to an advisory ballot to be made at the next,Village :lection, and that the presently prepared ordinance be tabled. Motion made by Trustee Reinan that the ordinance Regulating the Licensing and Sale of Intoxicating Liquors in the Ullage of Plymouth be tabled until an advisory ballot be placed before the people at the next Village election; also that the Council agree at a later date on the form of ballot to be used at the next Village election. Motion seconded by Trustee O'Fallon and upon vote being taken, the following voted in favor thereof: Trustees O'Fallon, Reinan and Tart. Opposed: Trustee Curtis and Xayor Keefe. Motion made by Trustee Curtis that Jack S. Young, Route 4, Box Appointment of 14, Yound, Minnesota-, (GR 2 3451) be appointed 'gleed Inspector for the Jack B, YOUMN Village of Plymouth for the year 1963. This appointment to replace Weed Inspeato� Gerhard Freund, Road Superintendent, who was appointed as Weed Inspec- tor on January B, 1463. Motion seconded by Trustee Reinan and upon vote being taken, the following voted in favor thereof: Trustees Curtis, Reinan, Tart and Mayor Keefe. Abstained: Trustee p'Falloh. Messrs. Gruman and Thomas Tart of Gruman Steel Company appeared Revised Plan -a with a revised plan for their proposed building to be erected on property Gruman Steel 110 South of South Shore Drive and West of County Road 18. Mr. Gruman stated Approved& that the only change that they wish to make is a change in the position of the building upon the land, as they ran into soft spots which wou?.d be impracticable to construct the building upon. Motion made by Trustee Curtis that the revised plan submitted by the Gruman Steel Co. be ap- proved, subject to the approval of the Building Inspector and Village Engineer. Notion seconded by Trustee Tart and passed by all Co mail =mbers voting aye. Trustee Reinan introduced the following Resolution and moved its.adontion: R50LUTION 63-21 A ril 2 1 - Cont'd. Resolution 63-21 WI- RM'LS, the Tillage Council of the Village of Plymouth :E�Cr-5cheien- did on the 2nd day of April, 1963, adorn a resa"lutian ordering the 3layeran & Assoc., preparation of a preliminary report by Orr-Schelen4layeron & Asso- ':Inc. imaged as ciates, Inc. far the construction ani installation of trank sanitary `::;Engineers for sewer lines along the routes as set out in said resolution and, Sewer installation. M', pursuant to direction from the Village Council, {'; the Village Attorney has prepared a proposed contract between the a" Village and Orr-Schelen-Nayeron i Associate:-, Inc., engaging said Orr-Schelen-Huyeron & Associates, Inc. ac engineers for the municipal sanitary sewer system and seiting out tie terms slid conditions of such engagement and, WtEFEAS, such proposed contract has been read and dis- cussed by the Village Council, I'y()W T11i:REFORE, BE IT %C.SOLV" BY tS VILI AGE COUNCIL OF THE VIU. Gc. Or' PLYMOUTH AS FOU04S. 01. The firm of Orr-Schelen Mayeron & Associates, Inc. be engaged as engineers for the munici- pal sanitary sewer system. "2. That the Mayor and the Village Clerk be authorized and directed to execute the proposed contract for engineering; ser- vices with said engineers on behalf of the Village of Plymouth." Motion for a doption of the foregoing resolution was duly seconded 'v Trustee Curtis and upon vote being taken thereon, the following voted in favor thereof: Trustees Curtis, O'Fallon, Aeinan and Tart, and Mayor Keefe. Against: None. M- ereupon said resolution was declared. duly passed and adopted. Dated April 2, 1963. W F Attest: �► ti. VIllige Clerk April 2 196 - Cont'd. Trustee Curtis introduced the foiiohd.ng Resolution and moved its adoption: RESOLUTION 62-22 Resolution 63-22 Orderii RESOLUI'ION ORDILRING P_REPAtITION Preparation OF Renort on Im -aw,�T Did IY 'FA f %,"�'I provement. 'S AS, it i3 proposed that trunk sanitary sewer lines be c.onstruc- red and installed in the fol- outing locations in the Village of Plymouth: . ?rom T.H. #55 and Co. Road T18 Id}7 along T.F. X55 to the right of war'' of the Chicago, Northwestern Railroad; thence iiiesterly a lor_4 said right of way to Niagara Lane; 2. From T.H. #55 and Co. Road #154 Northwesterly to 26th Ave.; 3. mom T.F. #55 Northerly along the East side of Medicine Lake to 26th Avenue North. and assess the abutting property for all or a portion of the cost of the improvement, pursuant to M.S,A. Sec. 429.011 to 429.111 Nati THLREFORE, BZ IT HESOIWI D BY THE UOUNCIL OF TYE IfILLAGE OF PLYMC`U'TF: "That the proposed improvement be referred to Orr-5ccelen-Mayeron Associates, Ina., for study and that they are instructed to report to the Council with all convenient speed, advise the Council in a pre]iminaxy way as to whether the pro.*sed improvement. is feasible and as to whether it .should best be made as proposed or in connection with some other improve- ment and the estimated cast of the imp. )Pvwent as reeatu:tended." tion seconded by Trustee Reinas: and upon vote being taken thereon the following voted in favor thereof: Trustees Curtis, O'Fallon, Reinan, mart and Mayor Keefe. Against: None. Whereupon said resolution was declared duly passed and adopted. Dated April 2, 1963. p(Yor Attest•fii..2-�- •_-___ V llage Clerk. Marry YAyeron, Engineer for Orr-5chelen-Yayeron Associates, Inc., Adopti and Ernest Clara of the T. G. Evensen & Associates, Inc., appearwd to Pban "B''k present ,plans and recommendations for proceeding with the sewer trunk in- Financing stallation project. Mr. Clark presented a Preliminary Financial Analysis Report, : n covering`the proposed $2,285,000 trunk sewer financing. After.a-report 17 Throb 5ta Mr. Clark was submUted to the Council members..$ the blleing`moti;on was Special` 1 adopted: Motion made by Trustee Tart that Plan "B" at sWmitted in the ing 444= preliminary Financial Analysis;, be adopted and that the financirg of the project be considered in three stages, viz., (1) Green and red se: shown an April 2i 12§a ' - Cont'.d. the map submitted by Orr.-Sehelen-Mayeron Associates, Inc., (2): the green and blue, (3) green and yellow; also that a special meeting be held with Mr. Mayeron and Mr. Clark and the Council on April 199, 1963 at 7:30 o'clock D. N. at the Village Hall. Motion seconded by Trustee Curtis and passed by all Council members voting aye, Union City Motion made by Trustee Rei,nan tha'� the remodeling plan of a Mission Building building upon the Union City Mission, Inc. property as submitted by plan. Approved. H. J. Paul, Superintendent, be approved and that a permit be granted. Motion seconded by Trustee Curtis and passed by all Council members voting aye. T,ot Survey Mr. Abendroth, Chmn. of the Building Code Advisory Conmis_sion, :Requirements. appeared to discuss the requirements for lot surveys and showing the ;. placement of tre building thereon prior to construction. Motion made:, by Trustee He nan that the requirements iCor plot surveys for construe - tion of buildi,ns 'be tabled and that a decision be made after it bat . been discussed with the Village Engineer. Notion seconded by Trustee Curtis and passed bg all -Council members voting aye:. Trustee O'Fallon introduced the follmin.g Resolution and moved its adoption: 'Fiesolutiion 63-14 I OLUBOX 63-19 ;participation in ;.;Rural Hem epin A kE.SOLUTION HEIATITG i0 PARTiCIPAITON IN THE ")r'ublic : aalth F[U:ii-:,L t#F,t lal: i PUELIC mALTI1. NURSING DISTRICT Nursing District. Motion for adoption of the foregoing resolution was duly seconded by Trustee Tart and upon vote being tarn thereon, the fbllow- ing voted in favor tr.ereof: Trustees Curtis, O' Fallon, Raison, Tart and Mayor Keefe. Aga_nst: hone. Whereupon said resolution was declared duly passed and adopted. Dated April �, 1,963. r Attest: sT 4c, Village Gle.,k Trustee Curtis introduced the following Resolution and moved its adoption: ;..Resolution 63-1$ REWLUTIGN 63-18 Hiving Require- s[ents of Sub. Ord. iESOLUTIOX WAIVING REQUIPMM75 OF Part NE SE Sec. 28 SUBDIVISION ORDTHANCE "Rochie Begin. Motion for adoption of the foregoirk; resdution was seconded. by Trustee Tart and upon vote being taken thereon, the following entad ll in favor thereof: Trustees :Curtis, D'Fa]1on, Reinan, Tart and'Ayexe:r Keefe. Against.; None. PA Whereupon said resolution was declared duly passed avid eid,,V ed.. Dated April 2, 1963. Aprzl 21 1963_ Cont'd. Trustee Curtis introduced the iolloidng Reoolution and moved its adoption: 3OLU ION 63-20 Resolution 63 - Waiving Requiz R&SOLUTIOPI WAIVING ?EQUIRA!ff!'S OF meats of Sufi. SUBDTSiI31013 ORDIIWICE Pt. Ej SFrw Sec Ind. Lbr. & P] Motion for adoption of the foregoini; resolution was seconded wood, Inc. by Trustee O'Fallon and upon mte being taken thereon, the following voted in favor thereof: Trustees Curtis, ©'Fallon, Reinan, Tart and Magor Keefe. Against: ?done. 11hereupon said resolution was declared duly passed and adopted. Dated April 2, 1963. y / V Mayor Attest. Village Zle� rk Motion made by Trustee Tart that a sideline waiver be granted Sideline Waiver.` John R. Rergel, 15520-C 3rd Avenue North, Wayzata, for the construction Appv'd. for John of a garage. Motion seconded by Trustee Curtis and upon vote being R. Rengel,155 264. taken the following voted in favar thereof: Trustees Curtis, O'Fallon, 3rd Ave. Tart and Mayor Keefe. Against: Trustee Reinan. Motion made by Trustee Curtis that set -back waiver of Oat be Set -back Waiver granted for the construction of 3 residence at 18425-D 14th Avenue. Appv'd. for Motion seconded by Trustee Tart and passed by all Council members voting 18425-D 14th AvQ, aye• Motion carie cy Trustee Curtis that approval be granted for a St. Phillipte building permit for the erection of St. Phillip's Lutherans Church at Luth. Jh Bldg.,_ 17200 County Road b and that the building permit fee be weived, subject Permit ApproXasl«, to approval in writing of the plot plan by the iii1age Engineer. Motion seconded by Trustee Reinan and passed by all Council members voting aye. Motion made by Trustee Curtis that Cigarette license #56 to Cigarette L10 A Felder's Golf Center be approved. Motion seconded by Trustee Ot.Fal:lon Felder's and passed by all Council members voting aye. Center A v,C.: Motion made by Trustee Reinan that Cigarette license #57 to Cigarette 7.10.; DeVac, Inc. be approved. Motion seconded by Tru_rtee Tart and passed by DeVac,. 266 110! all Council members voting aye. Motion made by Trustee Curtis that Garbage license renewals Garbage Uc. for 1963, tilos. 6, 7, 8, 10.and 11 & 1.2 be approved. Motion seconded by ale 0 70,1O 11 Trustee Tart and passed by all Council members votingaye, 12 Apy'd Motion made by Trustee Curtis that F'a,,= ll Checks #1892 thru Payroll Cks. #1982 be approved. Motion seconded by Trustee O' Fallon and- passed by thru 1",Z, 9 2 Appvgd all. Council members voting -aye. A copy of a letter from the Minnesota Department of Highways Letter r e. FAAAt to the Wayzata Independent School District under date of March 27, 1963, Crosswalks, Be E was readwith reference: to the painting Df crosswalks by the Village on Hts. Sch. Tabled_ State tiwy. 55 at the Beacon Heights School. Motions made by Trustee Curtis that the letter with reference tot he painting.. of the crosswalks: on State Hwy. 55 at the Beacon Heights School be tabled and placed on file. Motion seconded by Trust -ie. Reinan .and passed by all C ounci1 '.,.members voting aye. Permit Appv'd. Notion made by Trustee Curtis that tentative approval for Tenraco Sta. be given for the construction of a Texaco station upon the property Qt Cty. ltd. 70 of Gal.es & Gubbins, located West of County Road 70 and North of State Hwy. 55. Hwy. 55, subject to the reco=rendati,ons and approval of the Village Engineer and Building Inspector. Motion seconded by Trustee Tart and passed by all Council members votirx aye. Petition for Motion made by Mayor Keefe that a natition received propos- Dog Leashing ing a dog leashing ordinance be tabled for consideration at a later Ord. Tabled. date. Motion seconded by Trustee O'Fallor. and passed by all Council members voting aye. Trustee Curtis introduced the folloa°ing Resolution and moved its adoption: Resolution 63-23 RESOLL"J ON 63-23 Re. Allyn W. Dunham Compensation WE S, the Viiiage of Plymouth has been a co-defendant Claim, in an action brought by one Ella Stensgard, as Trustee for the heirs of Allyn W. Dunham, deceased, and Wf t_AS, the Village has been represented in the defense of this action by the firm of Tyrrell, Jardine, Loran and O'Brien as attorneys for the +general Accident Group Insurance Companies, public :amiability insurers of the Village of Plymouth, and iEAS, in the course of their defense of said cause of action said law firth did file a petition: with the Industrial Comis- sion of the State of Minnesota alleging, among, other things, that at the time of his death said Allyn W. Dunham was in the employ of the Village of Plymouth as a police officer without fixed compensation, and „I ■ WHRFM, said petition was filed without the knowledge or conse-t and without the authorization of the Village of Plymouth, NX T'iv- REF"ORE, BE IT ftESOi.Vrll By Th COUMIL OF TIE V1iLAQE OF PLYMOUTH: 01. The Village of Plymouth does hereby declare that the firm of Tyrrell, Jardine, Lynch and O'Brien or Hr. Donald M. Jardine were never engaged or authorized to act as attorney for the Village of Plymouth,in connection with a possible claim under the Workmen's Compensation law of Minnesota by the widow of Allyn W. Dunham against the Village of Plymouth as employer and Employers Mutual Casualty Company as its insurer.. "2. The Village of Plymouth doss hereby declare that it never authorized the institution of a proceeding at the .Industrial CmniGsian on behalf of the Village of Plymouth in connection with the death of said Allyn W. DLnibam. "3. The Village of Plymouth lymouth does hereby disavow the ' statements and contents of said petition and does. most particularly disavow any such staterOnits that allege that said Allyn W. (Dunham was an employee of . the Village of Plymouth at the time.of his fatal injuries and that said Allyn W. Dunham and th:e Vil- lage of Plymouth were under and bound by theovie.. P=` ions of the. Workmon'$:Compensation.Low of the.:State::: On motion the meeting adjourned at 1:45 o'clock A. M. n Herbert T. Johnson Village Clerk