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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