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Home My WebLink AboutCity Council Minutes 02-16-1970037 MINUTES OF A REGULAR COUNCIL MELTING PLYM M, MINNESOTA FEBRUARY 169 1970 A regular meeting of the Plymorth Village Council was called to osier by Mayor Hilda at 7:S P.M. c* February 16, 1970. PRESENT: Mayor Hilde, Councilmen Hants, Johnson, Kindseth and Spaeth, Attorney Lefler, fug nears Hagen and Bonestroo and Acting Managaz Barnes. ABSENT: None MINUTES MOTION ways made by Councilaan Hints, e.acond by Councilman Spaeth to approve RE: MINUTES the minutes of January 29, 1970 eiith the following amendmen;e: JAN. 296..1970 Page 1: 2nd paragraph, delete 5th sentence. Page 2: 3rd paragraph, second sentence to read: "',mayor Hilda stated that it is understood that Mr. Cavanaugh generally agrees with the Central Plan concept particularly our lineal. park site and the commercial site lying gest nf and adjacent to the civic center ecite and btrause of this he will talk to thq staff and attorney in terms of dedicating the area x'd on the ;aap, which will be 10 plus ac -es." Page 3: 3rd paragraph, 3rd sentence - delete word "too". Page 4: Ist paragraph, 3rd sentence, in place of --.cords "heavy equipment" use word "evargency service". A14a. the last sentence use the words "a standby car" rather tl%an fl squad car". Ird paragraph: Delete .Last sentence. Motion carried 5 aye vote. MOTION was made by Councilman Johnsou, second by Councilman flints to approve RE: MIWES the minutes of February 2, 1970 with the following amendments: FEB* 21 1970 Page 4% alth paragraph, 3rd seni:ence should read "Mayor Hilda said the Pride Force conducted a program on this subject but the village staff was not sufficiently staffed to organtte and complete the program." fast paragraph, add to Resolution, "for Herb's Service Garage, Plymouth Villag4 Automotive and Worth Oil Co. dba/Holiday." Motion carried 5 aye vote. PETITIONS, REQUESTS 6 CO MUNICATIONS A public hearing opened at 7.40 P.M. concerning the variance requested by Control Data. No one appeared and the hearing closed. i RF: VARIANCE, REQUEST - CONTROL DATA I 1, r 0 Page 2 4atobmail Mai I F#Ab. 16, 1970 0 XORION was mder by Cowmi!Alsan Johnson, second by Councilman Hints to adopt RESOLILT ON NO. 70 •56, A RE341.uriox APPROVING m. REQUEST BY CONTROL 1M.TA FOR A 30' 11ARIANQ11 TO ALLOW AN IDWIPICATION SIGN WIM IN 15' OF THR PROPERTY .INE ON LOT 1, BLOCK 39 MINNEAPOLIS INDUSTRIAL PARR SECOND ADDITION. SAID SIGN TO BE LOCATED ON BERKSHIRE LANE 260' SOUTH OY THF 24TH AVENtt;: INTIRSECTION. Motion carried 5 aye roll cell vote. In regard to the proposed at:eet vacations of South Street and IS% Ava. No. Engineer ltagen statad there are no howls on South Street and only fiva adjoent proper cy owners to 1% Ave. N. who were sent legal notices of the ptoposed vacitiQa. gagineer Hagen recommended holding up appro- val of the vacations until such time that HIP presents a plat plan for approvtJJ.. Publiclhear rg opened. Mr. Rey Kirkman of HIP said they aro premature in their: vacation request and that they are not ready to pre,• sent a plat plan. No dne a:ase appeared, public hearing closed. MO'"ION vas made by Councilman Johnson, second by Co:incilmsn Hints to postpone approwil of the street vacations until such time that the Village receives a plat plan from MIP. Motion carried, unanimous vote,. Public hearing opened regarding a request for an ex,tanslan of Project 69 -OE,, water improvement from 26th Avenue to 36th Avenue and Concord Addition. Mir. Harold J. Mengelkmch, 2600 East Medicine Lake Blvd., said he asked for the extensioa because he would like to be served with water. He submitted a petition from all the property owners involved with this exception of one who could not be contacted. No one else appeared, -public hearing closed. MOTION alas made by Councilman Hintz, second by Councilman Johnson to adopt RI;SOLU'rION NO. 70-57. A RESOLUTION APPROVING THE INCORPORATION OF THE EXTENSION OF WATER PROJECT 069 -OE AT 26TH A'JENUE FROM PILGRV4 LANE TO 1AST MEDICINE LAKE BLVD4, FOR AN ESTIMATED COST OF $3.600. Motion carried 5 xye rt ll call vote, PETITIONS REQUESTS b COMMUNICATIONS MOTION waa made by Councilman Johnson, second by Councilman Hints to adopt ".fiSOIXTION NO. 7(-58, A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR SUNNY ACRES 3RD ADDITION SUBJE(7 TO A SATISFACTORY DEVJELQP- MENT CON:iW1CT REGARDING GRADING, SODDING AND OTHER REQUIREMENTS. Motion carried 5 aye roll call vote. r 038 RES. N0. 7046 110 VA1VWr CONTROL IIATA RE: VACATIONS - 90VIN STREET i 1S% AVE: N0. REE: PADJECT 069 -OE WATER IMPROVEMENT US* )70%*37 r ITER EXTEON APPROVE) UBS . N0. 70-58 3RELIMINARY IPI.AT IiUNNY ACRES 3RD ADDITION Engineer Hagen presented the final plat for West Rank Industrial Park, Mr. Hagen iia d the final plat does conform with the prelii;inary plat mud reco=minded approval be made subject to increasing the i tility easement an the south side of lit 3 to 10' width and on the north acid west side of Lot 4 to 10' and oubject to changing the spelling r.f. Cheshire Lons to conform with the village street name patt.trn and sign- ing of a dihvelopment contract. Councilman Rants suggested the matter be deferred until a decision is made regarding the amendment of Chapter VII, Section 8.05 of the Ordinance Code relating to subdivision improve- ments. Cauncil agreed. 2F: WEST BANK IND. I?ARK FIW,,L P1J1 Pap 3- Co acil'i Minutia Fe. 16. 1970 1 NOTION was siade by Councilman ftadseth, second by Councilman Johnson to adopt RESOLUTI N NO. '10-59, A, RESOI:t=, ON APPROVING A CONDITIONiA1. USE PERI4IT FOR LWXW BUSCH, 4043 iIIGW,IAT 0,101, IN ACCORDANCE :MH THE PLANNING COMISSION' S RE)COMMEND4TIONo TRAT SUCH PERMIT IS T0;'COVER A PERIOD OF TWO YEW OR UNTIL SAND PROPERTY CRANCES OWNERS11io WHICHEVER COMES VIRST. SAID MOBILE ROME, IS TO BE LOCATED WRRRE IT W:VwL NOT PE VISIBLE FROM HIGHWAY 055 OR HIGHWAT 0101. Motion carried aye roll call 'vote. OTION was made by touncilman Riau. second by Councils i, Johnson to adopt RESOLUTION NO. 70406 A RESOLUTION APPROVING A CQ, DITIOKAL IiSE PERMIT FOR TESCON FOR A LIGHT MAMTFA.CTI TING PJANT IN TPa CIRCLE STAR BiISINESS CENTER INDUSTRIAL PARK I••1 ?ONE. Motion carrli6d S aye roll call vote. MOTION was made by Councilman Kindseth,, second by Coaincilman Johnson to adopt RESOLUTION N0. )0-616 A RESOLUTION APPROVING 'HE SITE PLAN FOR THE VILLAGE GREEN APAIITMEN'TS AT 34TH AVENUE AND CIDVM ROAD #18 SUBJECT T1 SIGNING AN AGREWEN`x COVERING LANDSCAPING AND T4E SUBMISSION OF A V"0,000 BOND. Motion carrieJ 4 aye roll call wotn, Councilman Spaeth abstained. WTION was made by Councilman Johnson, second br Councilimn Kindeeth to,bold up the issuance of a Building Permit for the Village Green apartment complex until such tion that the Eagineer advises that hookup to the village sewer factlities will be alloyed. Motion carried, unanimous vote. 039 RBS N0. 70"39 CONDITIONAL USS: PENT - LTZNAAD BUSCH MOTION was made by Councilman Rintz, second by Councilman Johnson to adopt RESOLUTION N0. 70-620 A `RESOLUTION APPROVING MR. JOHN GULLICKSON'S REQUEST TO ENTER INTO A CONTRACT WITH THE VILLAGE OF PLYMOUTH FOR DEVELOPMENT OF GRFENTREE SOUTH ADDITION IN ACCORDANCE WITH CHAPTER VII, SECTION 8.05 OF THE ORDINANCE CODE. Motion carried aye roll call vote. MOTION wau wade by Councilman Hintz, second by Council vn Johnson to adopt RESOLUTION NO. 70-63, A -RESOLUTION REJECTING THE COST SHARING. PROPOSAL MADE BY THE NORTHERN STATES PONF.it COMPANY TO INSTALL AN UNDER- GROUND ELECTRIC SYSTEM IN THE CENTRAL PLYMOUTH AREA ADJACSNT Tb THE PLYMOUTH MAINTENANCE SITE. Knion carried 5 aye roll call vote. REPORTS BY OFFICERS, BOARDS & COMMISSIONS RES . ?'0. 70-60 COATLITIONAL USB - PERMIT - TE' CO'' RES. N0. 7041 , , SITE PLAN - VILLAGI GREEN APARTMENTS RE: BUILDING PERM'4T VILLAGE GREEN AFM RES. N0. 70-62 GR ENTREE $011TH - J. GULLICKION RESo N0.7143 M......... Vr NOR116W.411 STATES POWER U*iMERGROUND ELECf, SYSTEM CHARGE Police Chlof Hawkinson discwised the highlights of hip Quarterky Report RE: POLICE DEPT. of January 18, 1970 and Yeur;ly Rieport of January 29, 1970, which were QUARTERLY AND submitted to Council. He also exhibited the narcotic display code th;It YEARLY REPORT Is used for Drug Abuse Seminars given by the Police Department, Mayor Hilae said, that on bs:half oat the Council, ha would like to stage that basically it ,-an be dean that Plymouth Villaga is not a safe place to drive ree;klesely or comm:t crimds and that for a department that really got underwal, a little more than a y4ar ego our records for dealing with crime in Plymouth is fantastic. !ie also told Chief Hawkinson that the Council is behind the Police Drparttvnt solidly and he should continua ti b,sild the department. Chief Hawkinson thanked the Council for their cooperation and support, a 0 r r Page 4,- Council Hinutes February 16, i970 1 RESOLUTIONS b ORDINANCES MOTION whs made Sy Coknci,loan Hit.tu, second by Councilamn Kindseth to adopt RE!'OL'JTIOI' NXi. 70--r,4, A RESOLUTION CORRECTING AN') MODIFYING CERTAIr. PROVISIONS .:F RV;%)LUTION NO. 69-138, AND AESOLhTION N0. 69-459. Motion carried 5 aye roll call vote.. MOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt RESOLUTION NO. 7045, A RESOLUTION WAIVING THE REQUIREMENTS OF VRCTION 9.029 CP.NPTER VII OF THE SUBDIVISION ORDINANCE RELATING TO WNVETANCE BY METES AND BOUNDS OF PARCELS OF LKND OF LESS THAN FIVE ACRES WITH RESPECT TO THE BALANCE OF A PIECE OF LAND OgNED BY MR. AND MRS.WM. EGAN. Motion carriad 5 a5re roll call vote. RES. NO. 7044 MODIFYINGER SS NOS. 69-138 AND 69-459 RES* NO* 70-65 WAITING REQUIRE- MENTS OF SECTION 9.02 , CHAPTER VII Mayor Hilde told Council that a Board of Zoning Adjustment was insti- RE: BOARD OF tuted 1.n May of 1368 and who the members were and how it was expected ZONING ADJUSTMENT to function. By the and of 1968 it,was found :n be unsuccessful and no meetiags were held in 1969. He stated several suggestions on how the Board can he reiastated, selection of members made, appointsents and function of the Board. The Council discussed this subject at lengtil . MOTION was made by Councilman Rindseth, second by Councilman Johason co ORDINANCE, NO, 70-I` fte.... -. adopt ORDINANCE DD. 70-1?.. AN OanlMH^E ADOPT1 iG SECTION 19 BOARD OF BOAR -D OFrZR:NG ZONING ADJUSTMENT. Motion carried S a!e roll I:all vote. ADJUSTMENT MOTION was made by Councilman Hintz, second by Councilman Spaeth to ORDINA VCE KO, 70-11 adopt ORDINANCE N0. 70-116 AN ORDINANCE TO AMEND CHAPTER II OF THE AMENDMENT 0 VILLAGE CODE RELATING TO THE POSITION OF VIi,IAGE MANAGFR WD DUTIES CHAPTER I; OF THF VILLAGE CLERK AND RELATING TO THE VILLAGE P`.ANNING COMMISSION, PARK AND RECREATION COMMISSION, BUILDING CODES ADVISORY COMMISSION, HUMAN RIGHTS CM24ISSION AND THE FIRE DEPAR?I'MrT. Motion passed S aye roll call vote. NOTION was made by Councilman Johnson. second by Mayor Hilde to adopt RE: AMEil' CHAPTER an ordinance azmnding Chapter VII. Section 8.O5 of the Village Code VII. 0;F_,1ION 8.05 relating to participation by tine Village in improvements required in subdivisions. Councilman Mintz stated that he feels residew1al developers should get the same benefit as commercial and industrial developers from the pro- posed ordinance. Councilman K+,ndseth said the ordinance would IN dis- criminatory towsrd the residential developer and it should be uniform. There followed a discus••ion on how the future growth of Plymouth would be affected, risks involved, need to encourage conmercta'_ and industrial developers, possibility of land going tax delinquent, capitol expenditures for the Village for thn next five years and home building vs. commercial - industrial. Councilmmi Hintz said he would like to Wait and see what the economical picture to like 6 or 8 months from now. Mayor Hilde asked Council if this is something the Villar should adopt and tool: a roll call vote on the above motion. Councilman ..h, Kindeeth and Hintz voted nay. Counc:ia+an Johnaon and Mayor Hilde vote ,fie. Motion failed. 0 0 L r Page S - Council Minutes - February 16, 1970 LIC•ZNSES & tERMITS Acting Manager Barnes readthe building Inspector's Yeport concerning RE: BEER LICENSE the premises of Dico's Pizza Restaurant who appl;led for a 3.2 On and APPLICATION - tiff Sale Beer License, Councilman Hintz said he feels the restaurant DINQ'S PIZZA is too close to a reeidential area and there have been too many pro- blems in this area. He would not like to see it approved. Police Chief Hawkinson said he made a satisfactory background :heck on the corporation members and that when it was Dick's Pis*.a there ware problems because he allowed a certain element of people to congregate and hang around there. It would he up to the restaurant massager to control any problems. Ile could not foresee any problems being created here and said he would tecom- mond the !operate of a license, Mr. Harry Foster of the Sun Valley Mobile Park presented a petitic:n signed by 50 ci:izene opposing the license application approval due to late hour disturbance, noise, litter, exposure of young children in the area and problems they experienced with the former operator of the same promises. MOTION was made by Councilman Johnson, second by Councilman Spaeth to RES_ 'O adopt RESOLUTION N0. 70-669 A RESOLUTION DENYING THE REQUEST FOR h 3.2 BEER LICENSE DENIEZ BE",R ON AND OFF SALE LICENSE FOR DINA'S PIZZA RESTAURANT, 10910 SOUTH DINO'F PIZZA E SHORE DRIVE. Motion carried S are roll call vote. Mayor Hilsle told Police Chief Hawkinson that the Village will have to do RE: SNJWMOBILE mote to protect citizens in relation to problems created by snowmobile *COMPLAINTS operators in Plymouth. The Village had wishad to be reasonable with the ordinance and allow the sport to flourish but some operators are having a good time at the expense of the citizens he said. Chief R%wkinson said complaints have been received Concerning trespassing and distmrbances late at night, but whenan investigation is made the operator is no longer in the area. He would like to have a enomobtle added to the Police Dept. equipment next year. He would also like to see a time limit set on oper- ation of the vehicles. A discussion ensued with the Village Attorney on the present, situation and the village ordinance. Mayor Hilde suggested directing the Police Dept, to enforce the ordinance an much as possible and recomended the institution of a sign system and setting up a budget to cope with the problems for enforcement of the ordinance. Counzilman Hintz said he would like a new ardinancit drawn up. He had a previous conversation with Loren Schiebe on this subject and Mr. Schiebe said the snowmobile club has tried to police themualves but there are too many snowmobtlers coming into the village from surrounding communities. Mayor Hilde asked Chief Hawkinson to Ll.omit a report on reconnnended hours of operation, publicity, signs, etc. Engineer H(.gen reported Chat lie checked the Beacon Heights Auto Sales' RE: BF.AON HTS, premises to see if Mr. Alvin Schmidt, licensee, is conforming to the AUTO SAIcS Conditional Use Permit. He reported finding several violations of said permit and stated what they were. MOTION was oade by Mayor Hilde, second by Councilman Nintz directing the Acting `tanager to advise Mr. Schmidt of said violations and allow him two weeks to comply with the ordinance. Motion carried, unanimous vote. MOTION was made. by Councilman Hintz, second by Councilman Johnson to RE: CIGARETTE approve the-1garette License renewal for Nie:.sen's Dairy Queen Brazier LICENSE •• NIELSEN'S 1130e Highway 035. Motion passed 5 aye vete. DAIRY QtlliEN BRAZIER i Page 6 - Coincf:l Minutes • February 16, 1970 , r DISBURSEOUTS MOT10N was made by Cowicilman Johnson, second by Councilman Hit.: z to RES. NO. 70-0 adopt RESOLUTION N0. 70-679 A RESOLU:iON APPROVING THE REGULAR PAYROLL PAYROLL LiSPURS DISB'JRSEMEN'T FOR THE PERIOD ENDING FEBRUARY 13, 1970 IN THS MI-OUNT OF 13.617.1;. Motion carried 5 aye roll call vote. MISCELLANEOUS Mayor Hilde told Council he discussed the subject of a pc,stoffice for RE: POSTOFFICE Plymouth with Congressman MacGregor. ..e asked Council for their comm- ents on whether or not we should remain as we are with the different zones, or ask for a postoffice, which m ty result in Ret:ing mail delivery a day later, as they do in Minnetonka. or use the address of Plymouth, Minnesota. Should the last choice be used, any mail addresseA Minneapolis, Minnesota trill still be delivered to Plymouth. Council discussed this subject and 'ouncilman Kindaeth said some of the residents in the eastern -ec: portion of Plymouth would prefer having their mail addressed Minneapolis. Mayor Hilde will, take this subject up again with Congressman MacGregor and others. On onr HUD Open Space Application Attorney Lefler advised the Gruman parcel is bsing processed. Councilman Johnson reported the Planning Commission is co.isidering holding cwo meetings per month. KrE: HUD APPLICATION RE: PLANNING COMMISSION Mayor Hilde said the vfillage has received about 22 applications for RE: VILLAGE MANAGER Village Manager. The Plymouth Plaza greenstripping will be discussed by Caincilman RE: PLYMOUTH PLAZA Kind'seth and Attorney Lefler Thursday afternoon. February 19th. GREENSTKiprING Attorney Lefler pointed out that since the inception of the Minneapolis Sewer Connection project it was proposed that this would he financed RE: MPLS. S WER by an ad valorem tax. It it is to be financed through assessments CONNECTION then an assessment hearing will have to be held prior to the adver- tisement for bids and awarding of contracts. The bond sale is s6ed- uled .for March 18th by Fi4cal Consultant, James Olsen, of Juran b Moody. Councilman Kindseth letter from the PCA would he good for a said Pude Force stating that the least two years. Chairman propoaed Fred Steiner sanitary land received a fill site RE: SANITARY LAND FILL. Mayor Nilde directed Engineer liagen to reply to Orono Village Engineer RF: MSA NORT111 Milln' letter of February 10, 1970 regarding the proposed PISA design- FFRN11NI.F ROAM scion of North Ferndale Road to the negative on both questions, MOTION was made by Councilman Kindaeth, second by Councilman Johnson RES. NO. 70-68 to adopt RESOLUTION NO, 7(1-6N..t RESOLUTION AUTHORIZING VII VILLAGE: SAILRINGS FROM ENGINEER TO REQUEST T11F USE OF THE MINNESOTA DEPARPIENT OF HIGIRJAY' S NMINN. NtGWAY l)F.m ENGINEERING CREW 'ro OBTAIN SOIL BORINGS, Motion passed 5 eye roll call vote. 1 m 0 0 Page 7 Council Minutes - Fet ruary 16, 1970 Councilman Kindseth reported Oat he wan at a tneetinj4, on equalization of assessiag procedures. He requested that the Village Assessor be asked to attend these meetings so that the state and School Board #281 will know we are interested in this subject. A report prepared by the Assessor reharding equalisation was given to Council members. which will be reviewed on February 23rd. MOTION to adjourn at 11:30 P.14. was mole by Councilman `i.inta. second by Councilman Spaeth and carried, umani..ius vote. Attest: 9 Al Itilde.Jr: mayor 043 RE: ASSESSMENT EQUAU ZATION I