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HomeMy WebLinkAboutCity Council Minutes 10-14-1968t) MINUTES OF VILLAGE COUNCIL MEETINC PLYMOUTH, MINNESOTA OCTOBER 14, 1968 2'i A regular meeting of the Village Council was called to order by Mayor Al Hilde, Jr. Present: Councilmen Humphrey, Hunt, Hagen, O'Fallon and Mayor Ililde. Absent: None Mayor Hilde requested the Counell and those in extendance to rise for a moment of silent prayer and we might particularly consider tonight our servicemen who are serving us in a bad war under bad circumstances and who we s: 11d think about• as often as we can. MOTION by Councilman Humphrey, second by Councilman Hagen, to approve the minutes of the regular meeting of September 16,1968. Motion passed by a rive aye vote. Page 2 Paragraph 4: Councilmar6 Hagen stated that he did not have time to consider the question involved. Page S Paragraph 1: Councilman Hagen requeatted the .ndtninistrators to seed a letter to the state saying that they were not interested in having an open bow and arrow season in.the Village for deer hunting. Motion passed, four aye vote. Aastained: Councilman Humphrey, absent, out of town on business. PETITIONS, REQUESTS AOD CQ21UNICATI,ONS Council considered the request of Robert Kreatz to rezone: R-0 to R-1 and li-3 to I-1 in the SE y of Section 29 and the NEh of Section 32. RE: REZtnNE FROM R-0 Tn R-1 b B-3 to I-1 ROBERT KREATZ Mr. Egan, Chairman of the Planning Commission stated that the Planning Commission approved the I-1 zoning request and the It -1 zontng request by the Kreatas'. However, the K-4 waR left open because they felt in thoir interpretation of the zoning ordinance they would not rezone pro- perty R-4 or any multiple family zone until such time as sewer was avail- able to tilt: sight. lie further stated the I`lanning Commission had worked with the developer for as much as six months regarding; this particular lrutd mans. After consideration of the Planning Commission a public hear -- Ing wart held on August 28, 1968. 'Che Planning Commission has discussed reutrictive covenants on the deeds of t hiq property. The 'kearlrgx on the pre:limin.iry plat was held on September 9, 1968. The Council discussed with Mr. Eapen the applicability of Bulk nil storilg e. within 1-1 zoning. It was Mr. Iief.ler's opintrn that hulk oil storage would he allowable only in n I-2 none; it is not intended in the I-1 zone. In re- sponxe to a question by Mr. lingen, Mr, Eagen stated that there would be a 75 foot rear yard nn all industetal .tots abutting the residential area .along the northern portion of the propt%rty to be rezonod t-1. Further covenants were required to give architectural treatment to the rear of n builcltng if It abutted residential propeerty& Mr. U'Fnllan stated the developer hnn taol.d a higher portion of the ,land Montt County Road Illi as residential and now after mining the portion to tho Kouth which is the sulijec•t to this request 0 Council Minutes - October 14, 1968 - Page 2 he has turned around and tried to make it now industrial to try and get the most amount of money he can out of the eevelopment. Mr. O'Fallon stated that this was not a proper way to handle development. 1,'he Mayor stated, although this wau not a public hearing he felt that the people to the •north side of the project and the people to the south side should appoint a representative and the council would consider telkirg to them at that time. Mr. Burger ajotareit representing the individuals to the south of the property requested for rezoning. Mr. John Burger appeared at 16545 9th Avenue North. He stated that the area had the 17 of the 35 families in the Birch Briar area and discussed the Kreatz area. These people consi- dered this proposal and ask for the deferral of this action on this proposal to work out a total picture. Mr. Burger further stated the present pro- posal with one acre industrial lots was somewhat different than the,plan presented on at the time of the public hearing. The one acre tracts were not considered in the I-1 and _',t was stated that the R-4 rezoning could not be done at this time. The Mayor explained that although he could not answer on the I-1 the attorney has ruled the Council could rezone the R-4, but building permits cannot be taken until such time as the building pemita are requested. Mr. Ron Prekker represented the area to the north of the project. Mr. Prekker felt more consideration should be given to the border area to the north because of the view from the *.northern area to the indus- trial, area. Mr. Prekker also expressed concern of the multiple and Industrial traffic entering to the residential area to the north along Zanzibar and Archer Lanes from 12th Avenue North, Councilman O'Fallon suggested that copies of the covenants be provided to the Council and to the representatives of the aria to the north and to the south of this project. Councilman !aunt motioned to defer action on the project until Monday, October 21st; and that copies of the zoning ordinance and deed covenants offered here tonight be given to both the representatives of the Area to the north and to the south. Second by Councilman Humphrey, motion passed, four aye vote. The Council considered the request of Feinberg Distributing Company requesting the rezoning of land from R -O to I-1 in the Slih of the SWC of the NWS of Section 27. The Planning Commission recommended approval. Mr. Eagan, Chairman of the Planning Commission considered the entire area for the rezoning because it is considered in the guide plannedbeing shown as tniustrinl. Murray Gallinson, attorney for Feinberg Distributing Co. appeared and stated that the alleged odor problem the company is having in Golden Valley, the company feels there is no problem as far as older is con- cerned, Dr. Pollis from the University of Minn sotn, an expert on air pollution, stated that after study there would be no problem with our present ordinances as far as odor control is concerned. Mr. Gallinson and the village attorney stated that to allow the Feinberg DiR trihuting Company to operate in this area, proposed to he rezoned, there must be a Conditional Ilse permit given. MOTION by Councilmnn Ilunt, second by Councilman Ihimphrey, to adopt ORDINANCE NO. 68-11, REZONING TIIF, LAND REQUESTED IN SECTION 27 FROM R -O TO I-1 AS APPROVEh BY THE•. PLANNING COMMISSION IN THF,IR SEPTIM11ER MEETING. Mation passed by a five aye vote. REE REZONE R-0 FEINBERG DIST. 0 FA ORVINANCE Nib. 68-17 REZONE N-0 TO I-1. 1 1. o - • 273 Council Hinutes - October 14, 1968 - page 3 Mr. Ronald Krank, architect for Feinberg Distributing Co. appeared re- garding the availability of water and sewer to the proposed Feinberg Distributing Company site. MOTION by Councilman Hunt, second by Councilman Hagen to adopt RESOLUTION 868-23f RESOLUTION 068-236, A RESOLUTION ORDERING THE PRELIMINARY REPORT ORDERING PRELL41NARY FOR AN E.YTENSION OF SANITARY SEWER AND WATER IN THE AREA WEST OF REPORT FOR EXTENSION 8494 SOUTH OF THE PRESENT SANITARY SEWER TO THE SOUTH LINE OF OF SEWER b WATER SECTION 27 WEST OF THE FREEWAY. THE PROPERTY NORTH OF COUNTY ROAD 86 BETWEEN FERNBROOK AND #494 SOUTH OF #55. `lotion passed, five 4ye vote. Mr. Bonestroo stated the preliminary report would be available around the first of the year and construction could occur in the construction season of 1969. Allan Garrison appeared requesting a building permit at 7th Ave. and County Road 818. The Planning Commis6ion Chairman, Mr. Eagan, reported to the Council on study they inade considering the plot plan for the building regitasted by Mr. Garrison. The Planning Commission stated their proposed plan would allow parking along the side yard or 9th Avenue and no parking would be allowed in the front yard area abutting the service road along County Road 018. The Planning Commission arrangement shows a plot plan for the area between 6th and 9th Streetw-,consiolering the parking and loading and traffic problems for the whole area. Motion by Councilman Humphrey, second by Councilman Hunt to approve the plot pian and authorize the issuance of the building permit as recommended by the Planning Commission. Motion passed, 5 aye vote. Mr. Lawrence Johnson appeared requesting an extension of water lateral TO THE Ivanhoe Woods area. His address is 4729 Xerxes Ave. So., Minneapolis, Minn. He is building a horse in the area at this time. Mr. Johnson submitted a petition from a number of Dome owners in the area. Mr. Bonestroo stated that the earliest we could possibly get construction under way would be approximately On 25th of November. Frost would be in the ground at this time. k1ir. Bonestroo further stated that it would be a difficult protect to complete this year. IE: BUILDING PERMIT FOR ALLAN GARRISON RE: EXTENSION OF WATER 1ATERAL FOR LAWRENCE JOHNSON MOTION by Councilman Humphrey, second by Councilman aunt, to Adopt RESOLUTION NO. 68-23' RESOLUTION NO. 68P -237,.A RESOLUTION ORDERING THE ENGINEER FOR A PRE;- ORDERING REPORT FOR LIMtNARY REPORT FOR THE SERVICr OF THE IVANHOE WOODS AREA FOR 14ATER WATER SERVICE IN SERVICE. Resultit Ion passed by 5 aye vote. IVANHOE WOODS AREA Mr. R. E. Jacobson of 316 Trenton bane Appeared in favor of ordering the preliminary report for ;Installation of water mains .in the Ivanhoe Woods area. The Mayor asked tho Council if they wish to take from the table the Icier M.I.P. STORM matter of the M.I.P, storm .sewer. Motion by Councilmnn O'rallon, S111WER second by Councilman llumnlinny to remo%,e f1rom the table the discussion of the 111nneapolLy Industri.nl Pari: 3torm sewor. Motion pasaad, 5 aye vote c Council Hinutoo - October 14, ]968 Page :4 Mr. Bonestroo stated that the cost of the storm sewer from Plymouth Creek In 26th Ave. along west on 2601. to Xenium and across 055 as bring; $270,000. Cost for placing a pipe undevil.he proposed Radisson Notei was $16'000.00. There was an additional $20,801.00 estimated for serving the Munsingwear area from the northern side. listimated cost of the adjust improvement would be approximately 1.33 cents per sq. ft. The 1.3/aq.ft. estimate is Just for the portion from the _reek on 26th Ave. to south of x;55 west of Xenium. The total adjusted project would be approximately 1.5 cents per sq.ft.. Motion by Councilman Itjigen to direct the Administrator to contact M.I.P. suggesting tl+e possibility, of our putting in 90 .inch pipe vsnder the Radisson Hotel and that the project be assessed co then at the time the project is completed. McI.P. will receive credit for this assessment against t,ie total project. Councilman O'Fallon seconded for discussion pur- poses. Councilman Hunt moved to amend the motion, Recond by Councilman Hagen to read,."at the time the storm total solution for the sto m sewer problem for this drainage district has been completed then the credit for the dry pipe would be given." Amendment passed. 5 .eye tote. MOTION by Councilman O'Fallon, second dy Councilman Hunt to allow Mrs. Margaret Swaningson to be heard tin the Minneapolis storm sewer project. Voting aye. Counciltran Hagen and taunt, abstaining; Councilman Humphrey and.,, O'Fallonand voting nay Mayor 11ilde. Motion carried. Mrs. Swaningeon stated /! ljpGl the Council had reiterated many of her arguments. The placement of the of the pipe under the Radisson Hotel Is somewhat like just delaying, the pro- blem and eventually the assessment will come. She doubted whether the assessment of $42,600.00 would be offset by the appreciation o: value in the next 10 years. She thought she was at the end of the dratnage district and would not have any benefit from the assesamt.at•. MOTION b,• Councilman Hagen, second by Counctiman Hunt to adopt RESOLUTION NO* 68-238 RESOLUTIONRESOLUTION N0, 68-238, A RESOLUTION TO REJECT THE M.I.P'S. STO101 REJECT FnRTION M.I.P. SEWER PRO3'9CT EXCEPT THAT PORTION PERTAINING TO THE MOTION PRE- STORM SEWER VIOUSLY PASSED RELATING TO PC" :tiG IN THE DRY PIPE UNDER THE RADISSON. The Council discussed the problem regarding What would happen if flooding occurred in the intersection of 055 and Xenium. They felt that thev had a difficult decision to make at this time; cost was just too great for the land to stand, it appeared they would have to wait until a problem developed of a serious enough nature to justify. Council passed the motion 4 aye vote. Councilman O'F'all.on abstaining. MOTION by Councilman hint, second to Mr. and Mrs. Albert Snvder for Snyders Pineridge Addition. Copy to the requesting party informing Motion passed 5 aye vote. by Councilman Hagen to deny request release of Performance Bond on of eng i.nea is report to be sent them of tVe action and reasons. Mr. Alvin Piatig appeared requesting; a Sideline Waiver of 5' . '.',lotion by Councilman Humphrey, second by u'Fallon to approve the waiver re- quest ir.; Lot 22 Short,line Acres Illock 4 by Mr. Alvin Pietigl. lotion Flagged 5 aye vote. RE: R PFR- FORMANCF BOND - MR. a MRS. SNYDRR RE: SIDELINE WAIVER llt. ALVIN PIETIG Village engineer reported regarding] surfacirigl Kilmer 16nne between 34th Itlti: 81111FACINC and 360, Ave. stating lie recommends this project hn adverttRed for KlIVER LANE early Rpring. Construction cat this time of ),ear .is difficult due ttl exccemaive rain encountered this fall. Motion by Humphrey, sectmd by Councilman Munt to adopt recommendation of V.ilinge Engineer, Notion pass -ad 3 nye vote. Lnuineer reported on Cl.ndys Johnson'R requost for RI:SOLUTION 44}. auhrlivvaton Waiver on Lot 4 Aud. Stibdivis ion Nob 33. ;lotion by Councllmnn 08219 A1'INOVP, Humnlireivi, second by Councilman Ileu1t to ail -tint RR'SOUIPTIM tin_ IKR-2 i.h_ Til. nTv''^ '- Council Minutes - Cctober 14, 1968 - Page 5 MOTION by Councilman Hunt, second by Councilman Hagen to adopt RESOLUTION N0. 68-240, A RESOLUTION AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AGREEMENT :0 CROSS THE CHICAGO NORTHWESTERN RAILROAD COMPANY RIGHT OF WAY WITH WATER `1AIN IN THE AREA WEST OF COUNTY ROAD #18, RESOLUTION PASSED 5 AYE VOTE. MOTION by Councilman Hagen, second by Councilman Humphrey to adopt ORDINANCE: #68-18 RELATING TO THE INSTALLATION OF SANI- TARY SEWER, WATER AND STORM SEWER WITHIN SUBDIVISIONS. Councilman Hunt moved to amend Page 4, Section E.05A to read after the "owner and subdivider" add in "projects other than to residential subdivision unit projects." Second by Councilnan O'Fallon. The purpose of the ordinance as pro- posed is to assist all subdividers in a financing plan to allow the developer to petition the Village to put in sani- tary sewer, coater or storm sewer and have the Village assess it back t3 him, under certain requirements. The amendment was defeated by 3 nay vote. Councilmen Hunt and O'Fallcn voting aye. Motion by Councilman Humphrey, second by Council- man ,liagen to amend Section 3.05E Sub 4 after 100', add the words "exclusive of interest". Amendment passed, four aye vote, Councilmar flunt voting nay. Mayor Hilde stated with the adoption of the budget hir:inp, the Director of Public Works he feels that lie can now vote for additional inducements to developers. Motion carried, three aye vote, Councilman Hunt and O'Fallon voting nay. lotion by Councilman Hagen, second by "Mayor Hilde for the purpose of discussion; to adopt an Ordinance U68-19 amending; Chapter 8 Section 505 of the Village Cade relating to the regyulatiosrs of the use of sewers and drains and requiting; connection to sewers and drains at a specific date. Council- man Hagen stated that in addition to assisting, the financing of the s,anitury sewer this ordinance will eliminate trouble- some pollution enforcement problems. The Village Engineer and Administrator recommended the ordinu.nce .as a method of reducing; pollution. This ordtna.ize sets as. the latest date, September 30, 1969 to connect to the sanitary sewer for all those people who have received lateral service previous to September 1, 1968. All projects furnishing lateral service subsequent to September 1, 1968 will be required to hook up I.8 months followings the date of availability of such sewer facitittes to the property. The ordinance passed, four rive vote Councilman O'Fallon voting; nay. WS RESOLUTION N0. 68-240 AUTHORITY TO EXECUTE AGREEMENT TO CROSS CHICAGO N.W. R.R. RIGHT OF WAY ORDINANCE NO, 68-18 INSTALLATION OF SANITARY SEWER, WATER 4 STORM SEWER IN SUBDIVS. ORDINANCE N0, 68-19 TO AMEND CHAPTER 8 SECTION 505 C0NIPULSORY SE%.SR HOOK UP John Hagen, 5150 llarbor Lane Not appeared and stated he feels the ordinam, ordering hook up to the sewer is based on financing; reasons rather than public health and v,alfare reasons. Councilman Humphrey and Mayor Hilde stated that their reasons ,, a A for voting for the ordinance was for the pollution problems ° it will eliminat(3. F. 0 Council Minutes - October 14, 1968 - Page 6 MOTION by Councilman ORDINANCE N0, 68-209 BUILT) NG PERMIT FEES ADVISORY COMMITTEE. O'Fallon, second by Councilman Hagen to adopt ORDINANCE N0. 68-20 AN ORDINANCE REGARDING THE SETTING OF BUILDING PERMIT FEES AS RECOt!MENDED BY THE BUILDING CODES A Motion by Councilman Hunt, second by Couneiluan O'Fallon to amend the mein motion for the section for fees to read: Total Valuation - 1.00 to $500.00 Over $500. to $5,000. Over $5,000 to $25,000. Over $25,000 to $50,000. Over $50,000 to $100.00 Over $100,000 and up Amendment passed, 5 aye vote. Fee do fee or inspection 10.00 for the first $1,000 plus $3.00 for each add'n. 1,000 or fraction thereof, to and including $5,000. 20.00 for the first $3,000 plus $3.CO for each add'n. 1,000 or fraction thereof, to and including $25,000. 89.00 for the first $25,000 plus $2.50 for each add'n. 1,0(10 or fraction thereof, to and including $50,000. 151.50 for the first 50,000 plus $1.50 for each add'n. $1,000 or, fraction thereof, to and including 100,000. 226.50 for the first 5100,000 plus $1.00 for each aud'n. $1 00pp or fr.c ereof. rhe imain i&tlon ptlsd e(f vote. Mr. Bonestron reported on the awarding of bids on the West Medicine Lake Road state aid project between County Road 119 and 49th Avenue. The low bidder on the project was Jerome i Begin in the amount of $177,568.05. Councilman Hagen moved, Councilman Hunt seconded resolution approving Jerome P. Begin bid in the amount of $107,568.05. Resolution passed, i Ave vote, RESOLUTION NO, 68-241. CALENDAR REVIEW RE: WEST MEDICINE LAKE STATE exp PROJECT RESOLUTION N(1. 68-241 APPROVAL HIn OF JEROrIE P. RECIN A special meeting un October 24, 1968 to review Junk and Litter Ordin- ant:e sybmittee by the Pride Force. Plymouth Forum will he held on the 21st of October before the regular scheduled Councia, maettng, tb ..onsider the Junk 6 Litter Ordinance. Meetings to consider the Jun1: and Eitte. Ordinance was moved to eight o'clock. 'l'hr Council is to meet at seven o'clock to review possible amendments in the. usa -)f blue cardq and handling public hoarings at council maeting;s. MoLion by Coun::ilman 1'agen, second by Coitnellman llumphrey the meeting be adjmirned nt .12:10. Motican passed by 5 aye vote. RE: JUNK AND LITTER ORDINANCE Council Winutea - October 14, 1968 - Page 7 Attest:__ Gerald Ci. Splinter, Clerk-Adninia rator Al Hildq, Jr., Mayor, Fl. y, Council Winutea - October 14, 1968 - Page 7 Attest:__ Gerald Ci. Splinter, Clerk-Adninia rator Al Hildq, Jr., Mayor, Fl.