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HomeMy WebLinkAboutCity Council Minutes 07-21-1969P l '`f: :,. ., .tJ,. c, ' qir . .. ' .A O U 11 ri T, .,r'ty 7 l r J 0 H:l'NUTES. OF; VILLAGE couisl r. MEETING PLYMOUTH, MINDIESOPTA. JULY 21.0 1969 A Vegi la -c meeting def the Village Counc-11 of the. Village of P,lymnoth. Minnesota was called tz order by Mayor Hilde at 7:6, P.M. on July 21. 1969. I Preskmen tayor Hilde,. Councilmen Johnson, 1.Untz and' Kindseth., Administrator Splinter, Engineer Bonestroo and Attorney 0'3rien. Ahseaac Councilman Humphrey, ca' led out .of town on business. MINUTES MOTION by Councilman Johnson,'seconded by Councilman Kindseth to app rove the minutes of the July 7', 1969 regular ' council meeting with the following corrections: Page 4, '2nd paragraph -18th line: Instead of 16was good for public interest" pwL in "we felt A - should be considered". Page 8, 3rd paragraph - ca1sidle of 11th line: Insert "this is not intended to he as road in the normal sense becrause it tq not tmproved, 'nnd when the,building" Page 8, 3rd paragraph .-rO.At to :oast 1,t.ate. Use vord.s "should not be" Inatoad of "will". nage 9, 3rd paragraph - Add of ter las t I i.ne . TIaF; Council. al, o agreed informally that tits, Street Dept. make. special effort to maintain this road poissnhle." Page 11, '2nd paragraph: Omit Counc.lInan ll;intz. Motion passed J aye ,vote, Counc` lman 111aitz aabsti; fined. MOTION by Councilman Ilint3, second by Counc.ilmaan. 1."'ndsuth to approve the beard of Review meeting of July 10, 11961. RDtIon passed 1,.1, 3 nye: vote, CouncUmfan Johnson absta.lueJa MPTION by Counci.lmar Johnson, second by Couni:•i.l'rnn•i llintu to cpprovn the minutes sof a '.,?ecial Council. metiti. g held July 14, 196' • , 6:1ar falllow' ! ng correctton; Page W 2nd aoa Motion was mtatle 4y Councilman Ilumphrey itis tend of ,Cryv 1I mnn II i.n t . Motion • • a aayr vote:. n U July 7; 1969' f;. . C u 0 Rh ; MINUTES) Jidy 10, 1969 1%0-y 1.41, 1969 I I 1 July 7; 1969' f;. . C u 0 Rh ; MINUTES) Jidy 10, 1969 1%0-y 1.41, 1969 t l Council Minutes - Jul - '21, 1969 - Page 2 Mayor Hilde asked Co-..ncilman Johnson to meet with him and the Eng' .neer as well ap. ounc ilman Kindse th if he so desired. F, .day, July 25th a 8:00 A,M, for a breakfast meeting to discusii the dral,naf, on 11th Avenue in Gleanlock Acroas. Councilman Hintz m intioned a phone call lie recently received regarding this maker. i Administrator Sp'inter read Mayor 11il.de's memo of July 2, 1969 regarding Citize is and their Council; aomt! probteins, solutiont.i and philosophy, " May,6r Hilde as ;ed if Council generally concurred with the #1 point of his - jema, relative to the Planning CommiAgion. C1)unct+lmnn )t. inson F,ald he woul•3 rather defer comments untt;, tonight'n ag tida was taken care of. Councilman llint:a rhoughty possibly th(/iiug estiona in paragraph numbered 01 mWit, it, be limtting a *iti,aen's action and he does notj like the, idea, of them formi•,g llo:aeowner's Associations. Ilowevor, lee lied •,v.) alternate .4uq,#;eat1on to make. Councilman KAnd`ivitle fell; the memo shoo .d ba, taken up later on in the mertAng. tle s. id Council. ends NO agree with his memo but felt paraHtaplq 01 might b( rewordod. MOTION . made by Councilman Kindseth, se.coed by Councitninn Ili,rtz to accept that general sense of mavn'r Ililde'i ir_eno and have the Counc .,1 meet [tip agendns posted prior to Council meeting nts41'.18 at t'.e follwir,r, ltm.Mons: 1. food Vi llago? store in Schiebe's Shopl-itng Center. ' 11ighway 05S 6 071 2. Ited Owl store in Coloni,nl Shopping Cehter, Wavvr t+a. 3. Hamel, (lank in Zledin a, Minnesota. 4. Red (Owl store in the Now (lope Shopping Center,, Winnot'ka 6 421nd Ave. N. Motion panned 41 aye vote. IMILIC 11MUNC 9 WTION by Cpunitilmnn Joking -mi, secoi,%%! by Cnuncilmmn Mintz to approve the ralque.9t (if Paul Mw 'z fnr wntver of 2W of the required 10" setbnck to 10' on Lots 7, 8, 69. Black 1., Snyder's 111ric Ridge Addition, Hation passed 'i nye vote. XOTION by Councilmen 110ta, second l,V Councilman Jolinaon to deny the roquest of 'C'Uoltnn J. Cook for a Speci,il Use Permit to 'apt l ltd n heir, n on Parcel 4085, Mat 4 `1711. blot fx is pnsped 4 ttve+ vote. MOTION by Cotitinci.lmau Ilititr,, t;econd by Councilman JnlWnon to nl)prove the °`ogtieW by Pail XoltinN for n 10' wat.ver pn Cie North ,tot li.io and a watver of W on the Northeast Corner for an addillion to an exirettnyt otructmre on Lot 2, 11lock Is Industrial Nnek Dint. Counel.l.mnn Kinde4oth sntd thts n1pe of request ennr of become n "rul,a of thumb" na far as the carr! ivance is coactrad I Thev mutat remit'n nn (ltdivldtinl Choler'. ridtitill panned 4 nv a vete. 1.87 RE : MEETING ON DRAINAGE: OF 11TH AVENUE, Rll:: MAYOR'S HEMO OF July 2, 1969 I RE:: PAUL ME;RV REQUEST MR WAIVER R86i RE.OURST InR SPHUAL USE ;'I:RMIT, C W K REso 12;+ORST S'0R WAtV1.'t, PAUL Y.I;LTINS 1) Councilman !',LkLZ a,air;; %n m-»tv varinnce reqmwa hnve come before. aim mince he tInq vat on tlttN Council that oe reoir4 nur ordtntincer; vhnuld be cherked, and thnt our ordinances wewrc iAnde to protect the cittezens and lie cannot nprou to prnnt;' the vnr. tnttce. mt1rm thv counci.Iman Ktndaoth, st:eond by Coknteilmrn Johnson to aprove the request of RoLert uolselnir for variance of. 01%, ordinnnce to rl l ot. wood f risme crntstruct tt,ti nn hitt hroponed npartmont complex to lie located tan the Gnat s (10 of Medicine I,nkt±, South of 26th Avenue between l.anclar;tt_.r natd Nathan I.ane, mot'I.on posted 3 nve vote, C t-nintailmnn Ilintr. voted nn% . Sinte the or.tlttnal. I+ionetnlj for the Soutltwe4t Improvement Project 68-lE School !lonrd (12114 has requested chct;e lmprn'Yt%mentn bo inotalled for the nim Ranchv.iuw Ilementnry Se'llool nit wt.Ill nK buthlar of stow hdme!a on Slit, 6tit b tt.1 Lamp, lin 1%1ite0r alone:;trop explatned his report coneerninit tltc nssenAment tonic for this Project pfi J l,)-I', total of %,+)itch is 0 RE: SETBACK VARI10CE, J. COX RE: VARIANCE REQUEST ROBERT IIOISCLAIR RIG',: Stlt , 6't'll & IIPLANI: l ll'itpl l;?t1,N'C t Council Minutes - July 21, 19h 1 - Pagis 3 1 1 PUBLIC NEARIPIGS, cont'd. MOTION by Councilman ICi,-adseth, second by Councilman Johnson to approve the , reques,4 of Mr. James Cox for front ,yard setback variance of 10' to 4l' on Lot 1., Block 1, Fazendin-itroanrss Addition. Motion ras'ted 4 aye vote. Mr. Voisclair sat.d tbt -.t in accordancl to 'pant experience having j one garage per apartment is not neceitsary and Itis request for 1!2 Ravage per anit will work out better economically for his proposed aparttaent projects Inasmuch an there is no demand and, if Viev have a clijoice, he ,prefeas not to I•ave one garage per apartm,4nt unit. MOTION by Councilman 111intz to refer the request of Robert Boisclair. ..or vartancel to allow wood frame constructtoa on apartments, and awaivar of the one aarnge Ler apartment reau,trement to Il! 2 gatrage per unit back to the Planning Commibsion. Motion died for lack of a second. 1OTION by Councilman Kindseth, second by Councilman Johnson that thewaiver request, concerning garages he sent to the Planning Commission f -^r their report,. Mot,ton passed ' ave vote Councilman Kindscith asked ;Ir. Ilotsclnir if there will be elevators in the apartments and he said there will he two for each 102 units. Councilman Ktnd:;eth said he would like the opinion of the Ilui lt-dinl; Codes Advigory Commi,leA ten t1n It t'l req %jost. Mryor WAkle dtd not. think Hr. Ho%sclatr should have to wn i t for a report from their, '.'fr. eo t se In t r said the ordinance covering construction, was crentinq nit eronovii-enl hardship for him. i In hisoriginnl proposal he was not required t,, ltttve el.evntors, but since he is ltnvinF, elevators tnatnl.led `te f+.el:; he should lie given spm^ von•.Werntten for tliot. 1) Councilman !',LkLZ a,air;; %n m-»tv varinnce reqmwa hnve come before. aim mince he tInq vat on tlttN Council that oe reoir4 nur ordtntincer; vhnuld be cherked, and thnt our ordinances wewrc iAnde to protect the cittezens and lie cannot nprou to prnnt;' the vnr. tnttce. mt1rm thv counci.Iman Ktndaoth, st:eond by Coknteilmrn Johnson to aprove the request of RoLert uolselnir for variance of. 01%, ordinnnce to rl l ot. wood f risme crntstruct tt,ti nn hitt hroponed npartmont complex to lie located tan the Gnat s (10 of Medicine I,nkt±, South of 26th Avenue between l.anclar;tt_.r natd Nathan I.ane, mot'I.on posted 3 nve vote, C t-nintailmnn Ilintr. voted nn% . Sinte the or.tlttnal. I+ionetnlj for the Soutltwe4t Improvement Project 68-lE School !lonrd (12114 has requested chct;e lmprn'Yt%mentn bo inotalled for the nim Ranchv.iuw Ilementnry Se'llool nit wt.Ill nK buthlar of stow hdme!a on Slit, 6tit b tt.1 Lamp, lin 1%1ite0r alone:;trop explatned his report coneerninit tltc nssenAment tonic for this Project pfi J l,)-I', total of %,+)itch is 0 RE: SETBACK VARI10CE, J. COX RE: VARIANCE REQUEST ROBERT IIOISCLAIR RIG',: Stlt , 6't'll & IIPLANI: l ll'itpl l;?t1,N'C t COUNCIL. MINUTES - July 21, 1965 - Pape 4 PUBLIC 11 ARINGS. cont'd. and cost pet front foot in $19.00, and a discussion followed about assessment payo_f, interest charges, streets witio or without compaction and road restoration, Councilman Hintz said he would like to see tete improvement for t1lis area assessed for the same coats of the Southwest Inpr.ovement Project #68-1C if at all passible, .Bence th i,a ares wns •originally I part nf it. May (tilde asked why the aases.tment cannot be the same. Vie Fng,ineer said this particular area was nuc included in the, Southweit Project cstimateLl figure, Garland and Fuuryain lane was, i MOTION by Counct.lman Ilintz, second by Councilmen Johnson to include Project 69 -1.,O -F for san.lory Rewer, •.4ater and street Improvement on 5th, 6th and Upland lane and Project 69-1,8,0-R for the same improvement on Garland and Fountain lane at the same assessment evaluation as the Southwest Improvement Project (l68-11:. ($250 ac.rew Zee, $100 connection charge for sewer, $175 connection charge for water ind approximately 18 to $20 per front foot charge. Mottin passed 4 ave vote The public hearing opened at 8:51) P.M. a7 RE: STII , 6TI1 UPLAND IMPROVEMENT Mr. Robert I)awley, 15620 5th Ave. N., is concerned for the five new homes being erected In one block because wells for them would cost about $51000. Ile asVed if fire hydrantst would be installed for fire protection, tstherijise they would not %rant the improvement, Ile asked if there would be restrictions on well repair and there is neat. Ile wa3 alsn told that the water furnished is not treated at present. Ile asked If the school would be paying their share of the cost and they %.rill he. If they can have fire nrotection he is definitely for the improvement. Mr, .John Itroat, 520 Upland lane, ! - wetting for the Newer and water improvement before, moving; into thei- hQ.qT. They hope they can complete their house w1th this improvement and be able to move at; soon ns pussihle. Alr. Richard Co. Johnson, 1.5725 6th A% e. N. , aRked about, thro aRseagment on a corner lot and lie wi s told the asKessment would apply on the short (--.ttle. 11c in in Invor of the project. 111r. Sam lord, 505 Upland, Haid he wruld peefer the. newer exit on Vicltsburg inntond of Upland y tde of his nropet ty. The hnlllneer snit; it could not I)r in.atnlled that way, Ile tnqut reel about the coda requirements rmd was informed lip could get thts information from the hu.t l.d ings Inset etnr, , Mr. Stan Trotter, 155211 lith Ave. N., ingi trod nhnut the aasevnment charge for sewer and winter oral tlnte It would appear on the taxers. 11e received anawere to theRe quemtta is from Couneil. 11te pub 11 c hear I.nl; cloned at 9:05 1'. 1. 6 i 1 4 COUNCIL MINUTES - July 21, 1969 - Page 5 MOTION by Councilman Johnson. second 'y Councilman Hintz to adopt RESOLUTION NO. 69-223, A RESOLUTION ,1?PROVING THC INSTALLATION OF SEWER, WATER b STREET PROJECT 69-1,0--, ON 5Tii, ' 6Tii AND UPL-UND WE. Motion passed 4 aye vote Mayor Hilde told the distinguished public 35A, Mr. L. n lieinitz a round of applause, citizens lie wanted to introduce them to servant, our Re; resentative of District and leis wife Donna. The citinens gave 0 hem The Engineer discussed his preliminary report dated say 20, 19069 regarding Project 069-1,8,0-11 for sewer, water and smr et improve- ment on Garland and Fountain Lanes ir' Kreatz Highview Acres, 4t(a and 5th Additions. The incremsed cost estimate was due to the small size of the project and Jackin f, necessary under the hig)%way. The extimated cost projection is totalled at $11.5,300, with cast per front foot at $25. ]0 or average p?r tot assessment totalling 3,036.00. The public hearing opened at 9:10 P.M., Mr. Marvin T. Getten, 1610 Carland Lo -tie, submitted a petition of 18 names who want sewer. ' Some of :hese gtgnerq had o:),jected to the improvement in the original Soisthwest Improvement proposals lie and many others have regillred pumov. 11ae petition represented about half of the residene-s in the area. Mr. John Royer, 1765 Carland Lnnc, aa:aompanted Mr. Getten around the neighborhood. Wants to see the improvement installed by thin fall. Diane Bealka, 1730 Fountain Lane, snic they .Live beyond the curve of Garland h Fountain Lane. She was told there would he an added ch; rgv t,. ba included. Tlie Engineer :,ai(l ti-ev are not included in the project. She :told they receive •1 A notice regarding ars area charge and that their liourte is ft r sale and tliny do not want it. The assessment charge of $.1(10 will be ,o! leaf t:o their property taxes in 1970. Mrs. Mueller, 1.625 rnuntnin Lnne, snit they want the nearer. firs. KnvannAh, 1615 Fountain Lune, said they are definitely for it and it iv hadiv needed. Have ived Otero since 195*,. Mr. David K nuye, .16251) Caar laana Laine, gnicl he was oi,posed to it, and that the oriltinal petition 1iaat' 31 signet's in opposition and cannot understand wliv theylinve now clinngk%d. lie. does riot think their drni.nnge area in thnt bnal, and cnnnn: see ypentling that kind of money for it. lie feels If the people liavtnlj troulhle would put in their own syHtems it will he claet.per and IaHt for a hundred yearm. Mr. Wm, .l. Stender, 1.69301) 17th Ave, N . , L yka;,i %duit tae yearly usngu cost would he and wns told it Is $44.00 for Scwvr and water in hnsed cin usti ge rell.istered I,v n meter, whiela ,a 1er.ilgra RESOLu flON N0, 69-223 APPROVAL PROJECT 69-1,0-F R1:: PRCJF,CT #69-1, 8.0-13 GARLAND b FOU`ITAYN LANE IMPROVEMENT 1 Council Minutes - July al, 1969 page 6 PU LIC HEARINGS, r_on t" d about $50.00 a year. Fie asked if a water treatment plant in proro:ted and was advised that at present there is no such proposal. However, if a Exon content should become a problem later on it would be heated and Aoctened, lie originally r..igned against it and is still against it. Mr. "rt. d Dahl, 1735 Garland Lang:, signed against it originally end, is still against it. Mr. John t.,vtpher, 174- garland Lane, watedto know if elivre .is any requirement stated in *he ordinance that lidmes must havh their own drbtn "field rather- than a dry well. Ttie , Fngiaeerj sat,d we do hav, dry ;wells. Mr. Lanpher said that it seems '. th6se without dvain fields are the ones with problems. There is nc contaminat[on there. Mr. Dtmald Kavnnigh, 1615 Fountain Lane F., has 'tiered here 6ine.e 1454 and said many systema are on borrowed time. Ir. Robert lsarthel, 1545 Fountain Lane v., wants the sewer improvemeut as lie has hal to lie pumped out 4 times. Mr. Dele Martin, 1695 ^arland Lane N., feels that should he have any rroblema,they can be taken care of by himself cheaper. r. William Ingwalson, 1750 Garland Lane, said lie is opposed to it and does not believe it is nec.?Rsery. Their place in on lop of a gravel pit. and have ideal. drainage. lie fepl,n those that need it are ones without drain fields b problems can be solved cheaper on an individual basis. . n 11 11ir. Lyle Johansen. 1745 Garland Lane, IH opposed to it for the same reasone sated aho%,n. Itiev reside on top of 50' of gravel and dvi {,nage can be easily solvr-5d. 1r. Edwin Mneller, 1625 Fountain Lane, asked how long those who are opposed to it )lave lived in thetr homers. Thev have lived in {_heir's for nine yerrs and have had a, puepi.tds dnd will soon need another. Would like the improvement and asked if they would receive an assessment notice so it can he paid up. lin wai told a legal notice for an assestrnant will he sent to him and a time, allowance will be ,granted to pay up without interest. qtr. Ronald War t en , "6900 17th Ave. N., said so trany move in anti; move out and they snv thev don't need it. Tad Liudert, 1620 Garland Lane, lion no trouble but h.as lived here 10 year3 and would .like the improvement. Mr. Marvin Getten, 1610 Carland, naked V A,t would he poasitvo to split the improvement layout and go ,town 17th where they are having trouble nntl take the orhnr pot tian later Own they want it. Council Minutes July 21, 1969 - Page 7 PUBLIC HEARINGS , cont' d The Engineer said this would require a chanF.N. of hydrant and manhole layout. The present layout is a gor. one and should not be changed and he doesn't feel this a e.,tood way to do business. Administrator Splinter counted the signers or. the original petic1cm submitted by Mr, Ingvaldson coverivin proF,.:rties involved. Two signers are on 18th who would not be ri:ceiving the ituprovempnt, s against were duplicate signers. 7 out of the 31 left 24 against and 18 properties for the improvement. Public nearing closed at 8: 351 P.M. MOTION by Councilman llintz, second by Councilman Johnson for discussion to adopt Rt.SOLUTION NO. 69-224, A RESOLUTION TO APPROVE PROJECT 69-1,8.0-R TO INSTALL SANITARY SEWER ANn WATER ON GARI•6141) AND FOUNTAIN 1,A.AILS IN THE KERATZ HIGHVIEW ACRES 4TH 6 5TH AUU I"I ON S , Councilman Johnson asked the Enl!,inv:er if it was feasible to break off the installation at 17th rather than thc: whole Layout. The Engiacer said the whole layout was preferred due to the jacking required under 0-a highway, Ciauncilman Itintz said this was originally incl.wiw d in the So+it',west Improvement project and due to the asmes,n,tm, motion we should t:ke acivan tnge of it for the slake 1 :he people f +r it as well as the ones opposed to it, .and r'l.e i)rohlem 91%011'L,i he corrected. Ne said there are some who 0,11 1.., very ang-•y ahout it now, but 5 years hence they will Ouink the Council for including them now. Councilman Johnson said their assessment is booing reduced by about $600 to $700. :lie Engineer said costs have increased about 10% per year. Rajor 11ilde said a coamoul ty type of decision has to be made and in spite of those opposed to the Improvement the gravity, health and pollution problem mv.sc be considered. Che motion passed by 4 aye roll call vote. PETITIC14S, REQUESTS b COM`UNICATI xis With rs-4ard to the tequegt for sanitary land fill at County Road 09 and Interstate 0494 by Jerome Begin Mayor 11ilde said the Pride Forcu has been studyd.ng the problem of Juak and litter In Plymouth and diaposal of such refuse. The Plaaning Commission hiaa not decided it this is needed or not. There 1A a question as to how it oAn be Net up ae a scientific operation. Fred Steiner. Pride Force Chairman, suggested a committee he appointed to report back to the Council in two weeks ,after reviewing a report put out by the Metropolitan Council on thin subject with theIrlonH range plans, He suRgeeted dorm Trudeau, member of the Planning Commissinn and nimsolf he on this committee, 192 TL%SOL TION NOM -21 SEWEK b WATER GARL&4D b FOiNTAIN L&N1 S RE: SANITARY LAND FILL •• JEROME BEGIN I I I F% Council Minur.as - July 219 1969 - Page A PETITIONS, REQUESTS it COMMUUNICATIONS, cont'd Councilman Kindseth said a :ethnical man should be on this committee, one qualified whereby public approval urould be gained by having himras public approval will be the a3st important single factor here. There has to be considlaration too given to the site plan, kind of equipment to be used, operation and supervision. Councilman Kindseth also W d a person with engineering know-how be placed on the coei;ittee from the beginning, and Ron Prekker of the Planni.nR Covtm ftslon was suggested for this appointment. Councilman Johnson, said chereJWM been questions regarding type of fill and village control. It was decided the committee can work there points out aftbr they make a report of their study of the Metropolitan Council plan. MOTION by Councilman Johnson, second by Councilman Hintz to approve the propusal for appointments to a committe for a study of the request wade by Jerome Begin. Motion passed d a•e vote. Mr. Ed Wasik was represented by Attorney Stanley Thorup concerning a sign violation by 3M National Advertising Co. Mr. T,horup said tie appreciated the rehearing granted or this subject and feels it is important that further considerati•.in be Riven to this matter. He said it appeared that there was s variance of methods used by the Village of Plymouth re ovdlang renewals of o!,gn permits. %lien they discovered their peum t had expired they requested a new permit with alteratloia of the signs in existence and pai,dthe fee. Sometime elaas-:d and they thought it wee satisfactory to change the 9a4nJ.4 and did so. They received notice that this was riot i a%lsfactory based on the fact a permit had not been issued and to remove the reigns. He asked Council to take into considArption: (1) The money expended by the company in erectit.g and improving the 2) they did not think they would be violating any ordinance, i3) they did not understated that they would have to :.-etaive permission to improve them. Mr. lhorup also stated they feel the aigns ad%vertiaing Johangten's rceAtaurant do serve a purpose for the municipality of our remarkable village by providing a husiness serv°ce to the cow -unity. The most important consideration involved is the legislative intent of 0ic Council of the sign ordinant:e and non --conforming use if it. He does not think we are serving the interest of the ordinance by .refusing it without an amortization use clause. If the company triad to make the sign Setter and Council'is attempt ng to have item removed, they would sincerely try to solve the ratter wend have paid their money as he feels our ordinance seemr, to provide the right to the existing sign, ar.d that they should t)e entitl,ulti to remain as they thjught even though ultimately they will fiave, to go. QE: ED WASIK Or 3M NATIO' 11 ADV. SIGN VT')LAT10N I P 1 u r' 1 Couticil Minutes - %luly 21, 1969 - Page 9 Mr. Wasik showed his permit as presented to Mr. Kamman w f.zh was "it accepted. Administrator Splinter said the signs ibled in size is the cause "or concern and under his ntaspretation doubling the size of a sign is doing more than "improving" it, Mr. Th^rup again remarked that the ordinance'does not provide for Any amortization. Village Attorney O'Brien felt this is a violation and Attorney O'Brien read the ordiwance to them. MOTION by Councilman Hintz, second by Councilman Kindseth to deny the request for reconsideration of,the sign violation. Mtyor Hilde said Mr. Thorup is trying to undo something which, if he had known aboua: the circumstances before, this never would have happened. CouncIlman Johnson asked about the increased size of the sign and'if this wss a common occurrence. The Administrator said it does happen. This should be treated as t ron-conforming use of building under any other ordinance. Councilman Hintz felt the matter had not changed at all since the previous hearing. Mayor Hilde remarkeo, that the signs are so much btpger than the ordinance ellown. mayor 11ilde said this fite in oath the overall program of our vll.lage and we ^peril miney for guide plana as to acchti ecture, provisiona, itc., and our desire to do away gradually with the unwanted and unsightly things present ib the village. Councilman Joc nsca asked if they wanted a yRar at so to take them, doers completely. 3r. Thorup acid anything would be better than nothing, originally the request was for 3 years. Councilman Minta aaid he has received numerous concerned comments abcut the appearance of Highway 055, it is not pretty and these signs do not enhance it. Vote on the abov, motion resulted in 1 nays and 1 ayd by Councilman Hintz. -Motion failed. MOTION by Councilman 16.ason, second by Councilman Kindseth to have the Signa as is until August 1,,1470 after which date they shall have to be'removed Councilman Hinni asked why do we have ordinRoces then, vhen wt-. do not uphold them. Council.nan Kindseth asked if they have a peneit and the answer was nr-. A variance permit will have to `e issued for one year, motion passed by 3 aye vote, Counc,.lman Hintz voted nay. Mr. John Voss. representing Cary FreunA of the Northerc; Holding Company, spoke bnfors the Council about the preliminary plat of the Circle Star Busineso Center. Councilman Minta said it does not conform to the Guide Plan which changed the Southwest cornet %f the plait to medium densis' from multiples. The Planning Commission's approval pertained only to the bluc aren on the pl'nt plan MIT I RE: PRELTMINARY PLAT CIRCLE STOR BUSINESS CENTER 6 0 r 1 I Council Minutes - July 21, 1969 - Page 10 PETITIONS, REQUESTS b COMMUNTCATIOPS, cont'd MOTION by Mayor Hilde, second by Councilmr. Johnson to adopt RESOLUTION NV. 69-225, A RESOLJfION TO APPROVE THE PRELIMINAr PLAT OF TIRE CIRCLE STAR BUSINESS CENTEP Wnk THE EXCEFTYON THAT THE 'ISU W PORTION OF THE PLAT COVERING BLOCK 79 LOTS 1, 2 6 3 BE TREATED &Q BLOCK 7 ONLY WITHOUT My DIVISION. Motion passed 4 aye roll call vote. The retontng from I-0 to 1.1 request (blue area of the plot plan) covers Block 1, !Ate 1 to 4; Block 2, Lots 1 to 4; Block 3, Lots 1 through 5 and 7 through 11; Blocks 4 and 5 as presented in the plat dated ,Tune 6, 1969. A public hearing was held on the blue areas, the red and yellow areas will have to have a hearing at a later date. 1.495 RESOLUTION NO. 69-125 PRELIMINARY PLAT PARTIAL APPOOVAL MOTION by Councilman Johnsor, second by Councilman Hintz to 00INANCE 169-18 adopt ORDINANCE NO. 69-18, AN ORDINANCE TO APPROVE THE REZONING REZONING APPROVAL REQUEST OF R-0 TO I-1 AS FOLLOWS: CIRCLE STAR BUSINESS That part of the Southeast k of Section 21, Township 118, Range CENTER 22, Hennepin County, Minnesota, lying south of proposed 28th Avenue North, except east 420 feet, plits or minus, of the north 40 rode of the Southeast k of theSoutheast k of said Section 21. And except that part of the Southeast k of the Southeast k of maid Section 21 lying south of the north 40 rods thereof. also- The vest 420 feet, plus o,; minus, of the North of the North- east h t4f Section 28, Township 118, Range 22, Hennepin County, Minnesota. aloe, - That part of the South k of the Northeast k and that part of the Northeast k of the Southeast k of Section 28, Township 118, Range 22, Hennepin County, Minnesota, lying north of the proposed 19th Avenue North. Motion passed 4 aye roll call vote. Mr. Voss submitted a petition to Council to install Vicksburg and RE: VICKSBURG Niagara Lanes from the north line of the workhouse property to Highway 6 NIAGARA LANE 155. Mayor Hilde accepted the petition and said prompt action will have to be taken on this by the Engineer. Engineer Bonestroo reported on the layout of County Road 19 betweeal : COUNTY ROAD 19 County Road 118 and Interstates 1494. He displayed themap drawn up 118 6 494 LAYnUT on this layout and reported that the C%u+ty is cooperating with what Ole Village recommended on this subjert. They wish to proceed with vote complete plans now and the Sngineer said it would be better for the Village to request a re -study at the intersections of West Medicine Lake Drive andXenium Avenue. Mr. Floyd Bosehardt, 122 W. Franklin, a director of the United Methodist Church said they have had a problem getting.a location for the past two years off of County Road #9. They like the layout and have succeeded in &eating a piece of property across inns the new school to be built an Zachary Lane. They want to alert the Engineer that temporary sever facility will be required but will be able to have water. They are hoping to proceed by f#%11 with thsir construction of the church. MOTION by Councilman Johnson, second by Councilman Hintz to adopt RESOLUTION N0. 69-226 kRSOLUTIONNO. 69-2:6, A RESOLUTION TO GRANT PRRLIMII.ARY APPROVAL COUNTY ROAD 9 LAYOUT OF HENNEPIN COUNTY'S PLAN TO RELOCATR COUNTY ROAD 19 BM29h COMY APPROVED 118 AND INTERSTATE #494 SUBJECT TO FURTHER ANALYSIS OF THS SAFETY OF THE APPROACRES ON THE SOUTH SIDE OF THE NEW ALIGNMENT AT WEST MEDICINE TAKE DRIVE AND AT XERIUM LANE. Motion passed 4 aye roll call vote. 1A 0 r, Council Minutes - July 21, 1969 - Page 11 PETITIONS, S COMMUNICATION -200 con t' d . A O 1 196 Engineer Bonestroo said the Metropolitan Council approved the request RE: CONN"'CTIOU TO to remove the temporary sanitary serer from Golden Valley and connect MPLS. SANITARY to the Minneapolis system. Mayor Hilde reviewed the Engineer's rep-. SEWER SYSTEM ort. New Hope and Golden Valley have made a similar request. The Metropolitan Council recommended a resolution be drawn up covering this request. The Engineer sa'd we will get assistance of Federal funds. MOTION by Councilman Johnson, zecond by Councilman Hintz, to adopt RESOIUTIOR N0, 69-2279 A RESOLUTION APPROVING AN ENLARGED SANITARY SEW&Z FORCE MAIN FROM PLYMOUTH VILLAGE LIMITS TO ITS CONNECTION WITH THE SANITARY SEWER OF THE CITY OF MINNEAPOLIS. Motion passed by a four aye roll call vote. School District 1284 will be contacted concerning the petition rece- ived from residents on Ranchview Lane between 3rd and 6th Avenues concerning the proposed new elementary- school between Vicksburg b Ranchview. MOTION by Councilman Kindseth, second by Cin.i,ilman Johnson. that the request by Marvin Radecki for a Subdivision Waiver on Lots 5 b 6. Klausnans Addition be forwarded to the Planning Commission for a review in light of cher possible requests of a similar nature in this nature in this area Along with the Administrator's and staff recommendations. Motion passed by a four aye vote. MOTION by Councilman Johnson, second by Councilman Kindeeth, to adopt RESOLUTION NO. 69-228, A RESOLUTION TO REDUCE FROM $610 TO 400 THE BOND OF ALBERT SNYDER ON SNYDER'S PINE RIDGE. ADDITION. Motion passed by a four aye roll call vote. MOTION by Councilman Johnson, Recond by Councilman Kindseth. to adopt RESOLUTION NO. 69-229, A RESOLUTION VERIFYING THE ASSESS- MENT FOOTAGE AND ACREAGE ON OUTLOT A, SNYi)FR'S PINE RIDGE ADDITION AS FOLL016: FRONT FOOTAGE: ACREACE: 250 FRONT FEET TOrM t LESS LAKE: LESS SWAMP: Motion passed by a four aye roll call vote. 6.63 ACRES 3.35 " 1.24 " 2.04 NET ACRES Councilman Kindseth said he underbtands that when the piece of land was acquired by Astro -Tech from Playhouse Company the right-of-way was to be provided and improved by Playhoune Cvnpany, MOTION by Councilman Kindseth, second by Councilman Johnson, to accept Councilman Kindseth's recommendation ou the upgrading of the land south of State Htghway #55 to the north line of Section 20 and adopt RESOLUTION NO. 69-262, A RESALUTT.ON ORDERING THE ENGINEER TO PREPARE A PRELIMINARY REPDRT COVERING THE 11CGRADING. ;ration passed by a four aye roll call vote. RESnLUTION 69-227 MINNEAPOLIS SEWER SYSTrX CONNECTION RE: PETITION OF RANCHVIEW LN. RE: SURD'V. WAIVER MARVIN RADECKI RESOLUTION 69 228 BOND RELEASE - A. SNYDER RESOLUTION 59-229 ASSESSMENT FOOTAGE 6 ACREAGE VRRIFIC- ATIOh, A. SNYDER qq 1 RE: UPGRADING F MI16E OF VICKSB. RFSALITTION 69-262 UPGRADING OF VICK- SUURG LANE Council Minutes -„July 2 1, 1969 - P-ige 12 PETITIONS, REQUEST 6 COWtUNICATIONS, cont'd A survey was lade by the Fire Underwriter's :Inspection Bureau RE: FIRE covering fire protection in Plymouth and report was given to REPORT the Village doted June 17, 1969. Councilman Hintz discussed and explained results of this report in detail. 19'7 UNDERWRITER'S Action was deferred on the request for water installatiem from RE: WATER REQUEST 13Ch Avenue No. to Bassetts Creek on South Shore Drive by resident's SOUTH SHORE DRIVE petition to be included in the project going from 13th Avenue North to 26th avenue North. Mayor Hiide read the agreement proposed for the purchase of RE: HIGHMkY MAINT19NCE the Minnesota highway Maintenance Facility, The Engineer SITE said it was ppssif)le to get the sewer in by November 1, 1969. NiiION by Councilman Kindseth, second by Councilman 111r.*z to adopt RESOLUTION N0. 69-2309 A RESOLUTION APPROVING mfHE AGREEMENT OF PURCHASE AND SALE OF APPEOXIMATELY 35 PORES IN THE Nt& OF THE NElt OF SECTIOU9A. T. 1189 R. 22, (WHICH EXCLODES THE SELLERS RESIDENCE AND APPROXIMATELY 5 ACRES OF LAND) SUBJ.FCT TO THE ATTORNEY'S REVIEW AND BOND MATURITY AS DESIGNATED IN PARAGRAPH 2B OF THE PROPOSED CCNiRACT. Motion passed 4 aye roll call vote MOTION by Councilman Johnson, second uy Councilman Hintz to adopt RESOLUTION NO. 69-231, A RESOLUTION APPROVING THE AGREE.4ENT GRANTING RIGHT OF ENTRY OF THE PROPERTY AS DESCRIBED IN RESOLUTION N0, 69-230. Motion passed 4 aye roll call vote. LOTION by Councilman Hintz, second by Councilmen Johnson to accept the Engineer's report concerning service connections of the Southwest Sewer Project covering separate trenches. Motion passed 4 aye vote. MO,ION BY Councilman Johnson, second by Councilman Hintz to adopt RESOL11TIUy NO. 69-232, A RESOLUTION APPROVING CIINNGE ORDER NO, 1 FOR AN ADDITIOrLkL AMOUNT OF $12,341.25 COVERING EXTR1 won FOR THE WEST MEDICINE LAKE ROAN) STATE AID STREET PROJECT. Motion 1a63ed 4 aye roll call vote. BID AWARD MOTION by Councilman Johnson, second by Councilman Hintz t-) adopt RESOLUTION NO. 69-233, A RESOLUTION AWARDING THE BID FOR PROJECT 08 FOR STREET RESTORATION, A PART 017 THE SOUTHWEST IMPROVEMENT PROJECT 68-1E, to C. S. 11C CRGSSAN, OSSEO,MILANo, IN THE; AMOUNT OF $727,990.00. Motion hassHd 4 aye roll call vote. MOTION 1)y Councilmen Johnson, second by Councilman liintz to adopt: RESOLUTION N0. 69-234, A RESOLUTION DIRECTING TIX ENGINEER TO PROCEED WITH LETTING BIDS TO TELEVTSi SEWER AREAS IN THE SOUTHWEST SFW;.R PROJECT fie -IF;. Mot ton pnsned 4 aye roll call, vote. RESOLUTION NO. 69-” CONTRACT FOR HIGHWAY SITE RESOLUTION N0. 69-231 AGREEMENT GRANTING RIGBT OF CNTRY RE: CtLkRGES FOR SEPARATE TRENCHES RESOLUTION N0. 69-232 WEST MEDINCINE LAKE ROAr. STATE AID PROJECT RESOLUTION N0. 69-233 ; BID P.WARD , PROJECT 08 RESOLUTION N0. 69--234 BIDS FOR SEWER TFLEVIS iON MISCELLANEOUS Councilman llintx >_alled Council's attention to the $250 RE: FING1NEER contribution to tic Plymouth nark Fund Riven by > nll.tneer 11ONESTROO' S DONATION Bonestroo. 0Lr1nUT11 PARK FUND 7 S Council. Minutes - July 21, 1969 - Page 13 MISCELLANEOUS Cont'd. MOTION was made by Mayor Hilde, second by Co-incilman Hintz thanking Otto Bonestroo for his donation to the Plymouth Park Fund and extend appreciation to him on behalf of Plymouth. Motion pasPad 4 aye vote. MOTION was made by Councilman Johnson, second by Councilman Ktndseth that the Plymouth Police Department investigate the traffic hazard surrounding the Johnson Bus Company location and make a report to Council. Motion passed 4 aye vote. I RE: TRAFFIC HAZARD J04NSON BUS COMPANY Administrator Splitter suggested the Amendment of the Board RE: ORDINANCE of Zoning Aejustment Ordinance be taken up at a special meeting AMENDMENT BOARD OF of the Council on July 28th with Dale Pollock and Ed Egan present ZONING ADJUSTMENT as well as Attorney Lefler, LICENSES MOTION by Councilman hLntz, second by Councilman Johnson to approve the license renewals of the Dependable Well Company for a Well Drilling License; the Worth Oil Company for a Service Station license; a new license for Jerry's Plymouth Shell Station at 11350 State Highway 055. Motion passed 4 aye vote CLAIMS b DISBURSEMENTS MOTION by Councilman JohtLson, second by Co, ': int ;eth to approve the claim presented by William n,,, °)O 14° South Shore Drive, of $176.00 to pay for :c v av I- stallation in his basement, subject to Mr. .nrighL':, ature on a executed release stating the said amoi -t is in .(, .1 settlement of any eamages that have occurre to hi, ;tie due to an incident of faulty operation of the lit, .an located at 17th Avenue North and South Shore Drive. Motion passed 4 aye vote. MOTION by Cogncilmau Hintz, second by Councilman Johnson to adopt RESUI.UT ION NO. 69-235, A RESOLUTION APPROVING :HE REGULAR PAYROLL DISBURSEMENT FOR THE PERIOD ENDING JULY 15, Motion passed 4 aye roll cdll vote. Administrator Splinter reported that we are in the process of getting approvals on the park sites for HUD funds. RE: LICENSE RENEWALS RE: CLAIM BY WM. ENRIGHT RESOLUTION N0. 0-235 PAYROLL DISRIIRSE,vENT 1969, XP -T 15. 1969 The now Civic Center cite has been optioned and money tendered. A report of alternatives to he made will be received at the July 28th reeting. Mayor Hilem suggested the Administrator make up a report on projects yet to be finished this year, and if Council members have any timing ideas of these items that they be prepared to present them at next Monday's meeting, Councilman hindseth brought Counci: up to date on th-3 Ruhject of hiring a Village Engineer. I„ Council. Minutes - July 21, 1969 - Page 13 MISCELLANEOUS Cont'd. MOTION was made by Mayor Hilde, second by Co-incilman Hintz thanking Otto Bonestroo for his donation to the Plymouth Park Fund and extend appreciation to him on behalf of Plymouth. Motion pasPad 4 aye vote. MOTION was made by Councilman Johnson, second by Councilman Ktndseth that the Plymouth Police Department investigate the traffic hazard surrounding the Johnson Bus Company location and make a report to Council. Motion passed 4 aye vote. I RE: TRAFFIC HAZARD J04NSON BUS COMPANY Administrator Splitter suggested the Amendment of the Board RE: ORDINANCE of Zoning Aejustment Ordinance be taken up at a special meeting AMENDMENT BOARD OF of the Council on July 28th with Dale Pollock and Ed Egan present ZONING ADJUSTMENT as well as Attorney Lefler, LICENSES MOTION by Councilman hLntz, second by Councilman Johnson to approve the license renewals of the Dependable Well Company for a Well Drilling License; the Worth Oil Company for a Service Station license; a new license for Jerry's Plymouth Shell Station at 11350 State Highway 055. Motion passed 4 aye vote CLAIMS b DISBURSEMENTS MOTION by Councilman JohtLson, second by Co, ': int ;eth to approve the claim presented by William n,,, °)O 14° South Shore Drive, of $176.00 to pay for :c v av I- stallation in his basement, subject to Mr. .nrighL':, ature on a executed release stating the said amoi -t is in .(, .1 settlement of any eamages that have occurre to hi, ;tie due to an incident of faulty operation of the lit, .an located at 17th Avenue North and South Shore Drive. Motion passed 4 aye vote. MOTION by Cogncilmau Hintz, second by Councilman Johnson to adopt RESUI.UT ION NO. 69-235, A RESOLUTION APPROVING :HE REGULAR PAYROLL DISBURSEMENT FOR THE PERIOD ENDING JULY 15, Motion passed 4 aye roll cdll vote. Administrator Splinter reported that we are in the process of getting approvals on the park sites for HUD funds. RE: LICENSE RENEWALS RE: CLAIM BY WM. ENRIGHT RESOLUTION N0. 0-235 PAYROLL DISRIIRSE,vENT 1969, XP -T 15. 1969 The now Civic Center cite has been optioned and money tendered. A report of alternatives to he made will be received at the July 28th reeting. Mayor Hilem suggested the Administrator make up a report on projects yet to be finished this year, and if Council members have any timing ideas of these items that they be prepared to present them at next Monday's meeting, Councilman hindseth brought Counci: up to date on th-3 Ruhject of hiring a Village Engineer. Council Minutes - July 21, 1969 - Page 14 MISCELLANEOUS A Calendar Revio; was made, especially noting that the 1970 Budget date is August 15th. MOTTON by Councilman Johnson, second by Councilman Eintz to adjourn at 1:05 A.M. Motion passed 4 aye vote. d Attest:— CPI•I)1tne J. Mani, Secretary ) ililde, Jr., Mayor i 1045: r..