HomeMy WebLinkAboutCity Council Minutes 06-26-1967 SpecialI
MINUTES OF VII.LAGE COUNCIL MEETING
PLYMOUTH, MINNESOTA
June 26, 1967
A special meeting of the Village Council was called to order by Mayor
Loring M. Staples, Jr. at 7:30 p.m.
Present: Mayor Staple, Trustees O'Fallon) Duntley, Hagen and Hunt,
the Village Administrator, Attorney and Engineer.
Absent: None.
Mayor Staples requested the Council and audience to rise for a moment
of silent prayer.
PETITIONS. REQUESTS & CONMUNICATIONS
James Edwards, 3935 Orleans Lane, presented a petition requesting the
Village Council not to issue a building permit for the construction of
apartments in the Four Se"ons Center lying North of 371 Avenue North
on the Westerly portion. Mr. Edwards read the petition which was
si4zed by 65 property owners in the area. They stated that when they
bought their homes they ii.d so under the understanding that there waw
to be a buffer strip of townhouses between the residential areas and
the apartments and County Road 18.
The petition stated that should the Village Council allow apartments
tc be built, they would like to see the "green strip" areas between the
apartments and residential area enlarged and the present wooded area
unimproved and without the footpaths as proposed by the Developer.
John Yngve, Attorney, for Metro Plymouth Corporation, appeared to
comment on the petition. He stated that at the time that the plan for
the area was considered, it was exactly as submitted on the Four Seasons
Plans that were now presented. At no time has the owner of this prop-
erty reported to the Council or the petitioners that this property was
to be used for other than multiple dwellings. Mayor Staplec stated
that multiple dwelling does include town houses and that the developer
was advertising this area for town houses. Mr. Yngve stated that at no
time has Metro Plymouth represented to the Council or the Planning
Cc -mission that any particular area in tha development would be 'reserved
for town houses. He stated that Pemtom and Metro Plymouth are do
separate companies and Metro Plymouth has no control over what adver-
tising is done by Pwatom.
A. Bernardi, Metro Plymouth Corporation, appeared and stated that the
advertising sign as shown on pictures presented by the petitioners did
show town houses but he does not feel that this is a tommitment to
build tk.em. Mr. Ynipte stated that at the time when they obtained the
multiple dwelling sorting for this area, they did not represent to anyone
that they would not have the right to build other types of multiple
dwellings.
Mr. Jerry Niles, 3890 Orleans Lane, appearea and stated that at the time
that he was buying his home in the Penton development, he had wet. kr.
Bernavdi and Kr. Bernardi had implied to hien and pointed out the area
for townhouses. He stated that he had discussed this with Howard
Dahlgren of Midwest Planning and Nr. Dahlgren had suggested that the
buffer strip indicated to be townhouses be honed specifically for this
i
w
REt PETITION
AGAINST APTS.
IN FOUR SEASONS
r
Council Minutes - June 26, 1967 - Page 2
PETITIONS. REQUESTS & COMMUNICATIONS, cont'd.
purpose.
A -
The Village Attorney quoted the Council minutes of August 29, 11966, at
which time the Village Council approved the preliminary plat for Town
Houses as submitted by Four Seasons av+nd Metro Plymouth Corporation. He
stated that the Council still has control over the development of this
area,because the developers require several waivers by the Council. If
they wish to build apartments on that land in accordance with the present
multiple dwelling Ordinance, they can do so. Mayor Staples suggested
that no action be taken on this matter until such time as an official
request is before the Council for apartment buildings and that thv
petitioners be notifiad of this fact.
Charles Borchard of Borchard Construction Cospany requested a pendt to RES BLDU* PERMIT
eonst'ruct a steel storage building, 20 x 20 feet, to store sawdust for APPVID. 5205
Kullberg Manufacturing Company at 5205 County Road 1S. CO* RD. 18
NOTION by Mayor Staples, secand by Trustee Hunt, to gnat a building
permit to `Borehar 1 Constriction Company for a storage buil: ing at 5205
County Road 1g subject to the approval of the Fire Chief. Notion
passed by a five aye mote.
Len S,redlund, ^ klund and Swedlunds appeac--bd to request a variance to RES SETBACK WAIV
35 feet setbacks on Lots 1 through 13, Block 1, Imperial Hills 2nd APPY D. LOTS 10 13,_
Addition. The terrain is such that; this would be advisable to allow SLK. 1, DT-
k1t1ill
a suitable suck yard. Mr. Swedlund presented s letter from the owners HILLS 2ND 1116,;
of Lots 7, 120 wnd 1100 stating that they had no objections to this
request.
MOTION by Trustee Hunt, second by Trustee Hagen, to grant a variance
to Ecklund and Swedlund to allow 35 feet setbacks on Lots i through 13,
Block I, Imperial hills 2nd Addition. Motion passed by a five aye vote.
Len Swedlund, Ecklund and Swedlund, requested a variance of the side RIt SIDdSi,INE
lot line to t2.4 feet on the East line of Lot 161, Block 11 Bass Lake VARIANCE GRANT&%
Shorewood Hills. LOT 16, BLK.' 1,
NOTION by Mayor Staples, second by Trustee clagen. to approve a waiver SAM LAKE
of one foot each on the East and West aide lot A.,es of Lot 16, Block SHOR,EWOOD HILLS
10 Sass Lake .ihorewood Hills. Motion passed by a five~ We vote.
1linneapolis Industrial Perk request for reduction in cash escrow from RES M.I.P.
110250 to $2t0O0 was reforred to the July 10th Council.
meeting at REQUEST FOR
which time a recomandation will be available from the Engineer. ESCROW REDUCTION
Sheldon Tart request for acceptance offrontage road in Sehiebe l e REt S. 'TART
Highlund View Addition was referred to the Village Engineer for study REQU&T FOR
and recommendation. ACCEPTANCE OF
FRONT44is REQ
Or. C. D. Adtinns request for release of $2,OUO Cash escrow for Alden
Acres. 2nd Adidition was referred to the Engineer for his study and
reccwmendation.
Mrs. Dale Sruneau appeared regarding the request by rlemans Rahn for a
subdivisiwn waiver of Parcel 4210 which had previously been before the
Council. She states' that they had cleared the brush and trees out on
the lot, and presented a petition signed by 22 of tie surrounding
O
Council Minutes - June 26, 1967 - Page 3
Ph„_ IONS. REQUESTS & COMMUNICATIONS, cont'do
neighbors for this subdivision. Mayor Staples stated that he had viewed
the proprorty and found it much improved.
NOTION by Trustee Hagen, second by Truc;tes Hunt, to adopt RESOLUTION NO. _TIoN 670040
6?90 A RESOLUTION WAIVING REQUIRDUTS OF TAE SUBDIVISION ORDINANCE SUED. WAIVER
for Peel 4210, Section 26, as requested by Clemens Rahn. Motion APPV1D., CLEMANS
passed by a four aye vote. Trustee O'Fallon voted nay. RAHN
ORDINANCES & RESOLUTIONS
The Village Attorney reported on a proposed Ordinance for the
disposition of lots and unclaimed property, He stated that this was
requested by the Police Department as they presently have no method
for the disposition of such property.
MOTION by Mayor Staples, second by Trustee Hunt, to adopt ORDINANCE
N0. 67-8, AN ORDINANCE PROVIDING FOR DISPOSITION OF LOST AND UNCLAIMED
PROPERTY found within the Village of Plymouth. Notion passed by a
five aye vote.
The Village Attorney reported on a proposed Ordinance which would
incorporate into the Village Code the new implied consent law and new
legislation relative to blood, breath and urine tests for intoxication
and recommended that this be adopted.
NOTION by Mayor Staples, second by Trustee UtFallon, to adopt ORDINANCE
N0. 67-9, AN ORDINANCE INCORPORATING PROVISIONS OF CHAPTER 169,
MINNESOTA STATUTZS. Notion passed by a five aye vote.
Tho Village Engineer reported on the plar.- for the surfacing of roads
in the 66-1 Sanitary Sewer Projeut. He estimated bids for this project
would come in at approximately $160,000. The question arose as to
whether 11th Avenue North in Glen Echo Addition would be improved. He
stated that as far as he was concerned there was no road there before
the sewer went through and he did not feel that we .should put anything
in there now. The quest;.on arese as to whether this is a dedicated
roadway. The question of 11th Avenue was directod to be put on the
July 10th Council Agenda.
NOTION by Mayor Staples, second by Trustee Duntley, to adopt RESOLUTION
N0. 67-91, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISIWENT FOR BIDS for the surfacing of roads In 66-1 Sanitary
Sewer Project and setting the bid opening for July 21r 1967, at 10200
a.m. in the Council Chambers of the Village Hall. Motion passed by a
f irre Ckys vote
REPORTS OF OFFICEiiS. BOARD & COMMITTIM
Attorney's report received on violattoxia of the building code by Mr.
Sterling Hoff. He reported that tho Clerk4dministrator, Building
Inspector and himself had met and arrived at two possible solutions.
One, that a complaint hfj directed against him and that he be required
to move the two buildings which he moved owl to the premises rithnut a
building permit. As an alternative, th.sy recommend that the matter of
loeLtion of the ;privies be postponed until the Council makes a decision
as to how it proposes to handle all outhouses in the Villi4Ee, and a
recordable agreement be entered into with Mr. Hoff whereby he will be
permitted to leave the two structures where he moved them, but that
before any building permits ara issued on any tract in his plat all six
ORDINANCE 67-8
PROVIDING FOR
DISPOSITION OF
UNCLAIRED
PROPERTY
ORDINANCE 67-9
INCORPORATING '
PROV. CF CHAP.
MINK. STATURES
169`
RESOLUTION 67:11
ROAD SURFACING
66-1 SAN* Sh"Wllslt
PLANS & BID DATE
APPROVED
RE't V104LATIONS
IN ST LING HOFF
TRACT
l
CJ
III
Council Minutes - June 26, 1967 - Page 4
n REPORTS OF OFFICERS, BOARD & COMMITTEES,, cont'do
of the cottages together with their :v.1joining outhouses be completely
removed.
Mr. Haff appeared and stated that he does intend to build his own home
this fall, build a porch on his daughter's home and remove the buildings
at the time he sells the 1nts. The A4torney stated ;,::at he ecUd see no
objection to allowing Mr. Hoff to build his own home at d that he would
like to draw up an agreement wlth Mr. Hoff that he be allowed only one
building permit for his own have and should he sell this lot that all
the cottages would be removed,
MOTION by Mayor Staples, second by Trustee Hunt, to authorize the RE: AGREEMENT
Village Attorney to draw up a, recordable instrument allowing Mr. Hoff W/STERLING HOFF
to receive a building permit for his own horse and a remodeling permit
for a porch addition to one of the cabins and requiring Mr. I1off to
I within four years completely remove all cottages and outbuildings in
con31deration for allowing the use of the illegally moved structures.
Also that the red tags remain on the cottages until such time as the
agreement has been signed and the electrical wiring brought up to
specification. Motivn passfyd by a £ivA aye mote.
Attorney's report received on the contract and addendum for sanitary
sewer service to the Villap;e of Medicine Lake. Discussion ensued
regarding the fact that Medicine Late Village is currently in litigation
with regards to this sanitary sewer. The Attorney stated that wo cvuld
not legally get involved by approving or disapproving 00ha contract.
h The addendum arises out of the fart that at the time of negotiatione for
the original contrast, Me-dicin,a Lake was under the impression that they
could obtain their owt cbpacity from Golden Valley. The Engineer
recommended approval of the contract.
MOTION by ;payor Staples, second by Trustee Duntley, to authorize the RL: AUTH. MAYOR &
Mayor and Clerk-Administrav= to sign the contract and addendum for CLF.'fitt TO SIGN
Medicine Lake sanitary sews:r service. Motion passed by a five aye CONTRACT W/(ED.
vote. LAK1s ,
Attorney's report received on the petition of Four Seasons Watmr REt PETITION BY
Company for abatement of peirsonal property taxes on their water system, FOUR SEASONS
We have a franchise with them for the operation of their private system, WATM CO. FOR
and when they have finished construction and it is approved, they will TAX ABATIKINT
convey it to us and it will, become our property. The water kwatem
was not completed this sprig, at the time the Village Assessor pug. a
value on the property and it has never been formally conveyed to the
Village. It was unanimously greed to authorize the Attorney to file
an opposition to this request for abateuent.
Tile Administrator reported that the property owners in Glen Erie
Addition had again been contacted regarding the extension of sanitary
sewer and water to this area. The Engineer reported that a Public
Hearing had been hold on this improvement on April 30 19671 and the cost
per assessable foot would he $10.60 for sewer and $4.35 for water. hr.
George Cobey appeared and atated that he owned property in the area and
favor h improvement. Nathaniel Konemanwouldbeinforofthisimproan appeared and
stated that he owned property on the South side of 34th Avenue and :id
not have any use for sewer or water.
Council Minutes - June 26, 1967 - Pairo 5
REPORTS 0L' OFFICMS. BOARDS & COMMITTEES, cont'd.
MOTION by Trustee Hagen, second by Trustee Hunt, to adopt RESOLUTION
N0. 67-92, A RESOLUTION ORDERING DIPROVDIT )ND PREPARATION OF PLANS
for the installation of sanitary sewer and water, in Orlen Erie
Addition, Project 67 -IC. Motion passed by a five aye vote.
Administrator's report received on appointmant of Assistant Building
Inspector. He stated that they had advertised and taken applications
for this position, and he would recommend that Harold Ernst be
appointed.
MOTION by Mayor Staplers, second by Trustee Hunt, to appoint Harold
F. Frust, 13530 State Highway 55, as AasisiAnt Building Inspector.'
Motion passed by a four aye vote. Trustee 01Fa11on abstained.
RES wTION 67_02
R
ORIr4-jd 1G IRPHT.
SAN. WdER & WATni
ra GLEN ERIE NDDN.
RE: HAROLD ERNST
APPOINTED ASST.
BLDG. INSP.
gineerls preliminary report on the seal coating of Juneau Lane
received. He stated that a heavy dust coat followed by a light seal
coat would coat about, $0.110 per foot. A single coat would cost $0.25 per
foot. Kra. Marc r%) quist presented a petition signed by 2 2 prouerty `7
owners in the area stating that they would asstme fAnaneial responsibil-
ity for the seal coating at a cost of approximately $0.25 per foot.
NOTION by Mayor Staples, second by Trustee Hagen, to adopt RESOLUTION RESOLUTION 6743 _.
N0. 67-93, A RESOLUTION RECEIVING REPORT AND CALLING FOR PUBLIC HEARING RECEIVING REPORT
on the seal coating of Juneau Lane from County Rcad 6 to 14th Avenue SETTING DATE FOR
North and 14th Avenue from Juneau Lane to Harbor Lane and Harbor Lane PUBLIC HEARING
from 12th Avenue to 14th Avenue on July 17, 1967s at the Village Hall JUNSAU LANE SEAL
at 7:30 p.m. Motion passed by a five aye vote. COATING
The Engineer requested that the preliminary report on extension of
sanitary sewer to Tracts B. C and n, R.L.S. 1173 be tabled.
Strand Construction Company requested a waiver of 46 feat to construct
a detached garage at 15505 - 2nd Avenue North.
MOTICN by Trustee Duntley,, second by Truetoa Hun:, to grant a 46 -feet RE: SETBACK
tietback waiver to Strand Construction Company for a detached garage WAIVER APPV'D.
at 155n5 - 2nd Avenue North. Motion passeri by a five aye vote. STRAND CONST.
Tony Norris, park Commission Chaivuan, rsprirt."d on the possible RE: PARK COMMO
acquisition of 221 aeras in the Northwest porton of the Village which 12ORTS
could be developed for park lands. It was decided that since Midwest
Planning has been appointed,as Park Consultants, this should be
discussed with them. Ito Administrator was directed t) set up a
meeting on Thursday, June 29th, with a representative of Midwest
Planning, a member of the Park Commission acid the CotAcil to discuss
the terms of a contract with Midwest Planning and other park matters.
Mayor Staples suggested that the A&Pinistrator report at that time on
the progress on other park property owned by the Village.
LICENSES -& EERMITS
NOTION by Mayor Staples, second by Trustee Duntley, t) approve the RE: WELL LIC.
mewal of the followbg Well Licenses: Donald Rogero, 17555 Duck Lake APPV1D.
Traili Pumarola Well Co,, Hamel; Associated Well trillers, 1470 Highway
169; Max Renner Well Co., 601 - 13th Ave. North; E. H. Renner !Ws,
5465County Road 18; harold Ruppert Well Co., 6417 - 46th P1auu,
Bergereen4aswell, 13120 Wayzata Dlv',1 George Rogers 7 Sone, 14214
Ebtcelsior Blvd.; Don Stodola Well Drilling, 15306 Highway "; McCullough
L)
Council Minute- -,lune 26, 1967 Page 6
LIe.ES, & PE WIS,' cont'd•
Sone, 161,5 Demont; and Ste-: ens Well Drilling, Long Lake. Motion
sac sed by a five aye vote.
MOTION by Mayor Staples, second by Trustee Hagen, to approve the
Gasulino Service Station Liuenee for Shell Oil Service Station, 0350
State Highway 55. Motion passed by a five aye vote.
MOTION by Mayor Staples, second by Trustee O'Fallon, to approve the
renewal of a 3.2 Beer Off -Sale Licerise for Qik N Easy, 17405 County
Roar! be Motion paused by a five aye vote.
CLA XS P$OPRIATIONS & CGNTRACT PAYMENTS
MOTION by Mayor Staples, second by Trustee Hunt, to approve the final
payment on the Tunnel Crossint Project in Beacon Heights Storm Sewer
Project X-96 in the amount of $4,067.00. Motion pass y a fi;e aye
vote.
MISCELLANEOUS
RES Gr S SER' ICH
STAT. LIC. AKVID
RE: 3.2 OFA' -SALE,,
LIC. APPV'De 'j
RES FINAL PA7KW !
TUNNEL CROSSING, t
X-96
Trustee Duntley reported on the meeting of the South West Sower District.REt ;+.W. S&M
He requested that the Sewer Committee and Village Engineer meet on DISTRICT
iteaw taken up at this ]netting sometime prior to the July 10th Council
keeting.
vstee Duntley brought up the fact that Rr. Al Schmidt has sought a
reaoning to Commercial on the North side of Highway 55 for the purpose
of setting up a used car lot. The Planning Commission has tabled this
request untU such time as the Proposed Zoning Ordinance is adopted.
Al Schmidt, 1030 Magnolia Dane, appeared and stai;ed that he would
like a definite answer in the near future.
NOTION by Mayor Staplers, second by Truatee Duntley, the the Adminis-
trator ratify the Planting Commission and request a recommendation
from thea on the requcat for rezoning for a proposed ueeJ car lot.
Motion passed by tithree aye vote. Trustees U'Fallon and Hagen voted
nay.
MOTION by Trustee Duntley, second by Trustee OfFallon, to reconsider
the action just taken regarding rezoning Sor a used car lot. Motion
passed by a three aye vote. Maxtor Staples and Trustee Hunt voted nay.
The qu.stion of a recommendation from the Planning Commission regarding
the rezoning for z used car lot was then again before the Council and
the following vote was taken] Mayor Staples and Trustee Hunt voted
afire. 'Trustees 0' Fallon, Duntley.. is 4 Nag -on votiyd' nay, The motim
was defeatede
MOTION by Trustee Duntley, second by Trustee OSFallon, to hold a
Public Hearing on July 17, 19672 at the Village mall at 7130 peme to
consider the adoption of Section 13 of the Propoijed Zoning Ordinance as
an amendment to the presort 'Zoning Ordinance of the Village of Plymouth.
Motion passed by a three aye vota. M%vor Staplae and 'Trustee Hunt
voted nay .
MOTION by Trustee Hvnt, second by Mayor Staples, to request a report
from the Zoning Committee other than what appeaivd in the June 15, 1967,
REt REZONING
REQUEST AL SCHMIDT
REi P')BLIC
HEAK NG TO
CONSIUKR AM1:1VD.
ZONING ORD.
91
Council Kinutes -.tune 26, 1967 - Page 7
KISCELLANBOUS, cont'de
minutes of the Planning Commission. Kotion passed by a five aye vote.
Upon motion made and carried, the meeting was adjourned at 11:25 p.m.
r
Loring K. Staples, Jr., Mayor
f
Attest:.- "`" •
Sharon K. Gardfnipr,, Secretary