HomeMy WebLinkAboutCity Council Resolution 1970-469EXTRACT OF MINUTES OF REGULAR
MEETING OF VILLAGE COUNCIL OF
VILLAGE OF PLYMOUTH, MINNESOTA
November '9, 1970
Pursuant to due call and notice thereof a regular
meeting of the Village Council of the Village of Plymouth
was held at the Village Public Maintenance Building at
14900 C 23rd Avenue North on November 9, 1970 commencing at
the hour. of 7:30 o'clock p.m. The following members were
present: Mayor Hilde, Councilmen Hintz, Johnson, Kindseth
and Spaeth. The following members were absent: None.
untilman Kind^eth introduced the following
resolution and moved its adoption:
"RESOLUTION NO. 70-469
A RESOLUTION DIRECTING THE VILLAGE
MANAGER AND VILLAGE ATTORNEY TO
PETITION THE MINNESOTA PUBLIC SERVICE
COMMISSION FOR THE ESTABLISIIEIm AND
LAYING OUT OF A PUBLIC HiGICIAY CROSSING
ACROSS THE TRACKS OF THE CHICAGO AND
NORTHWESTERN RAILWAY COMPANY AT THEIR
INTERSECTION WITH NATHAN LANE IN THE
VILLAGE; OF PLYMOUTH
WHEREAS, the Village Council of the Village of Plymouth
has received petitions for the laying out of Nathan Lane
between 10th Avonue North and 13th Avenue North in the Village
of Plymouth, and
WHEREAS, said Village Council did on•tho 2nd day of
November, 1970 adapt n resolution ordering that said improve-
ment be made, and
'WHEREAS, said improvement will require that said
Nathan Lane cross the right of way and tracI:s of the CtvfcaZo
and Northwestern Railway Company, and
WHEREAS, Section 219.40, Minnesota Siatuten provides
that no highway shall belnid out over any railroad so as to
cross at the same grade until such crossing has been approved
by the Minnesota Public Service Commission, and
WIMMEAS, a survey his been made of,said crossing
and its precise location has been determined, and
WHEREAS, the Village Council deems it to be necessary
and desirable that said public crossing be established in
connection with the laying out of said Nathan Lane.
NOW THEREFOI{E, BE IT HEREBY RESOLVED BY TIME VILLAGE
COUNCIL OF THE VILLAGE Olt' PLYMOUTH AS FOLLOJS:
1. That the Village Manager and Village
Attorney be authorized and directed to petition
the Minnesota Public Service Commission for the
establishment and laying out of a public highway
crossing across the tracks of the Chicago and
Northwestern Railway Company at their intersection
with Nathan Lane in the Village of Plymouth.
2. That the Village Manager and Village
Attorney are hereby directed to attach this
resolution to said petition, asking for a
hearing on said petition as provided by law and to
seek an order of the Minnesota Public Service
Commission authorizing said crossing.
The above motion was seconded . by Councilman Hintz'
and upon vote being taken theroon the following voted in favor
thereof:
Kindseth.
Mayor Hilde, Councilmen Hintz, Johnson, Spaeth and
The following voted against: None.
Whereupon said resolution was declared duly passed and
adopted.
STATE OF MINNESM A )
COUNTY OF HENNEPIN ) SS.
)
VILLAGE OF PLYMOUTH)
I, the undersigned, being the duly qualified and acting
Village Clark of the Village of Plymouth, Minneso ta, hereby
certify that I have cnrefully compared the attacie_d and fore-
going extract of minutes of a regular meetin, of the Village
Council of said Village held November 2, 1970 with the original
thereof on file in my office and the sante is a full, true ar.d
I®
N '"
complete transcript thbrefrom insofar as the same relates to
directin;; the Village Manaffer and Village Attorney to petition
the Minnesota Public Service Commission for the establishment
and laying out of a public highway crossing across the tracks
of the Chicago and Northwestern Rnilway Company at their
intersection with Nathan Lane in the Villigc of Plymouth.
WITNESS hl hand officinll as such Village � y y Y 11 ge Clerk and
the corporate seal of the village this 13th day of
jiQ�rmt er , 1970.
Ukj-
Viliage U r c
Village of Plym uth, Minnesota
(Seal)
-3-
STATE OF MINNESOTA MINNESOTA PUBLIC SERVICE C=MISSION
` COUNTY OF HENNEPIN
PETITION TO THE, MINNESOTA PUBLIC SERVICE
COMMISSION CONCERNING THE ESTABLISHMENT AND
LAYING OUT OF A PUBLIC HIGHWAY CROSSING
ACROSS THE TRACKS OF THE CHICAGO AND NORTH-
WESTERN `RAILWAY COMPANY AT THEIR INTERSECTIODni
WITH NATHAN LANE IN THE VILLAGE OF PLYMOUTH r
Village of Plymouth,
Complainant,
vs.
Chicago and Northwestern
Railway Company,
Respondent. .
- - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - -
The Village of Plymouth, a municipal corporation organized
under the laws of.the State of Minnesota, hereby petitions the
Minnesota Public service Commission as follows:
I.
That a hearing be held before the Commission to approve the
establishment and laying out of a public highway crossing of the
tracks of respondent Chicago and NoTthWes�ern Railway Company within
the Village of Plymouth which crossing is legally described as
followa
All that part of the right of way of the Chicago and
Northwestern Railway Company in the Northeast 1/4 of
the Northeast 1/4 of Section 36, Township 118, Range 22
lying within 40 feet, measured at right angles, of each
side of a line which runs South 239 12' 20" west from a
point on the North line of said section which is 1153.83
feet, measured along said North line, from the Northeast .
corner of said section. ee
1I.
Said crossing is for the extension of Nathan Lane within
the Village of Plymouth between 10th Avenue North and 13th Avenue
North. Attached hereto as Exhibit "A" and made a part hereof as
though fully set forth at this point is a survey of said Nathan Lane
as it is proposed to cross said respondent's tracks.
Complainant requests that the Commission, in its order approving
said crossing, designate and order the type of safety device deemed
^ fi
appropriate by the Commission for the protection of said crossing
other than a Minnesota standard automatic electric highway railroad
grade crossing signal which complainant does not believe is required
at this time.
IV.
Attached hereto as Exhibit "B" and made a part hereof as?
though fully set forth at this point is a certified copy of a
resolution adopted by the Village Council of the Village of Plymouth
on November 2, 1970 authorizing this petition and directing the
Village Manager to proceed herein.
VILLAGE OF PLYMOUTH
Village .Manager
-and-
HOWARD, LeFEVERE, LEFLER,
HAMILTON and PEARSON
2200 First National Bank Building
Mirneapolis, Minnesota 55402
By
Village Attorney
STATE OF MINNESOTA)
ss• '
COMITY OF HENNEPIPN)
Angus Crawford and Herbert P. Lefler, being each duly sworn,
on oath depose and say that they are respectively the Village
Manager and Village Attorney of the Village of Plymouth, Minnesota,
the complainant herein; that they are the persons who subscribed
the within Petition, that the facts set out in such Petition are
true and correct and'that they subscribed such petition as their
-own free act --and deed; that said Petition is the free act and deed
of the said Village of Plymouth.
Subscribed and sworn to before
me this day of October, 1970