HomeMy WebLinkAboutCity Council Minutes 06-22-1970 Speciali
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MINUTES OF k,SPECIAL COUNCIL MEETING u
d PLYMOUTH, MINNESOTA
A, JUNE 22, 1970
A special meeting of "the' Pl outh,,vinap Council was called tu' order by
or Hilda at 7:35 P.M: on Jima 229 1970.
PRESENT:. Ma)ror, Hilde, Cotmeilmen Johnson, Hintz, P.indeeth and Spaeth,
Acting Manager Barnes, Attorney Lefler, Engineers Hagen and
Bonestroo:a,';
ABSENT: None
The folio n ,minutes are excerpts of the conversation which took place 'RE: N6 ST
and reeoraed byA*pe now " Jile in the Clark's office, File 1286, in COLLEGE'
respect to the petitions madw,by the Northwestern Collage.'
Mayor Rilde stated that due to the complexity of the Northwestern
College's Peeiticn ..;his meeting was called to consider the whole m ttsr
this'elmning. Engineer Ragen introduced their requests which were:
1) A request to rezone from R-0,to R-1 their property. located near
the intersaction,of County Road 19 and Fernbrook Lane -'for the purpose
of constructing a college facility. (2) A request for a Conditional,,,
Use Permit to allow construction of a college in a R-1 zone. (3) A ,
Mrequestconcerningthefeasibilityofchangingthezoningordinance,
to allow a radio station in a R-1 district. '(4) equsst for a Cond=
itional Use Permit to allow cinstruction of the radio' -tower and station
to a R-1 district if the ordinance is changed. Members of the Counca l
received copies of Planning Commission minutes anda report,from the
Village Planner with respect to the above requests.
Mr. William Be Betatsen, President of'No-ethwestern College iairoduced
Mr. Yom E. Erickson. their Attorney, and -'Mr. Howard Dahlgren,, their,,
Planner, who will present the plans of the College. }
Mr. Howard Dahlgren spoke and said it Was like old times to be working
with the rl nwuth Council. He has been working for several months with
the Northwestern College people at the request of the Village when they
had a meeting with the Council. Their firm has assisted them in final-
izing and -preparing plans for developing the, college. I want to says
he said, that you folks did us a great favor making that recommendation.
I have ;:ever had a group of'people of such dedication and sincerity for
doing things in the riht way, who carne up with the right answers at the
right time and at the light place to work with. It has been fun worklig
with these people who are so d%bdicated and s.intere. What really counts
in the and is to get it done properly and to make sure this happens as
they say. They will carry through and do a tremendous jot. Ve. hAve with
us tonight some of the key people who I'd like to introduce to you$
Judge James T. Knutson of Anoka, Mr. Ernie Collingham of W. A. Lang Ins.
Co., Georgy R. Mellin of Minneapolis, Axel A. Olson of 9t6 Paul, Mr. Wm.
Be Berntsen, President of the college and their architect, Mr. Be -tram
of Hirsch, Stevens A Samuelson. Publication of their book entitled
Campus Development Information" was intended to give the proper amount
of technical information about the college in order to make a fir
decision. These people representinji the college are of various faiths
and I told you what these people do. They are distinguished people.
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Page 2. Council minutes, June 22, 1970
Mr. Dahlgren set up a screen on which he projected slides and gave a run
down on the background .I f the plar_ning.) He projected a map of the Central
Guide:Plan on which he pointed out the college site covering -17 acres.
The park site, which is south of the creek, was shown next and covers 26.8
acres or 232 of the 117 acres. This park land will be dedicated to the
Village. He r;ext showed the Northeasterly corner of the Cavanaugh Add -
and the'40 acres of park land to be dedicated by Belgarde Enterprises
was pointed out. They met with the Belgarde people and discussed the park
land that they are both dedicating and the future civic center altelfor
Plymouth. These parkways were pointed out and discussed at length: They
felt It was important to consider the adjacent residential and multiple
dwelling investments while developing their plan. They met with the
Cavanaugh residents and let them know what their plans and objectives are.
Another slide'shoved other college campus buildings in the St. Paul, Minnea-
polis and surrounding community areas. He described their religious affil-
iations and also showed slides of some fine residential developments that
have been built adjacent to the various campus sites. Slides of other
antennae towers were shown. some with micro wave discs #trached, which were
described and operation of these stations vs their own proposed station was
explained. .
Next a slide of the college site plan was 0-7sm and the various buildings
were named and described with connecting wa'akways to each. The ultimate
enrollment will be 1500 students. Again the park land to be dedicated was
pointed out. Mr. Dahlgren said these people are dead serious. The College
Board of Trustees have approved some basic elements of the plan and expen-
diture of funds and construction will start in the spring of 1971 at a
cost of $3.500.,OOQ. Financing will be obtained from the sale of the present
campus to the State of Minnesota and City of Minneapolis. More buildings
were described and a slide of the radio station building, which will be
28'x54' at the base of the antennae. was shown. He explained its' physical
structure and floor plan. Building exteriors gill be in earth tones of
greys and browns. stone and brick, all exposed metal will be dark brown.
He is very impressed with their sincerity exposed in the most practical
way and complete intent to corstruct this campus. They have most of the
money which is important.
A further explanation with slides was made on micro waving from the Univ-
ersity of Minnesota KUOM station which transmits to another tower by
attached discs and has a 137 foot high antennae. The tower they propos,
will he 3/8 of a mile from the Cavanangh Additicn and comparisons were
made with respect to 1-1 industrial areas. Tbgy feel with the existing
open space it seems to be an 14eal and as good a location as can be hoped
for. The area will be public open space, even though it vas hoped to be
private. He displayed a detailed drawing of the tower site plan showing
the anchors and surrounding landscape which was aesthetically designed
and planned with eleven various types of plantings and foliage. Everything
will be inside a fenced enclosure. He feels certatn that if they are
allowed to proceed fifty years from now are can all, look back and say we
were a part of this which was an important, step in the overoll development
of Plymouth. They will do a dedicated job for you.
Mr. Tom Erickson, their Attorney, spoke next and said we have before you
a proposal for R-1 zoning. This request, an amendment to the ordinance,
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Page 3, Council minutes, June 22, 1970
a Conditional Use Permit for the tower all comprise a package item. He is
aware that past objections were made in. respect to the tower. The Council
has had this before them for approximately a year and a half', On February
269 1969 the Planning Commission voted for a special study to be made of the
tower and, 'he read a portion from their minutes concerning this action.
They have shown that the coallege will build on the site by exercising their
option to purchase the property after receiving assurance from the Village
that they would be welcove in Plymouth. He read a Resolution which was
adopted by the Board of Trustees with respect to building on this site when
the old campus is sold and submitted a certified copy of this Resolution to
Mayor Hilda.
Funds will be available from the State of Minnesota and City of Minneapolis
and money received from the sale of the old campus will be used for con-
struction. So-'thpy have to have a place to build their campus and want to
do it in Plymouthlif able to do so. They have no cher land on which to
build. They are aware of the guide plan for this area and hired a Planner.
He put the college plans together and kept this to mind. $30,000 has been
spent in preparing these plans and it was not spent to trick the Village
In getting approval for ti-ve tower. The architect made it as beautiful: and
aesthetically feasible as possible. The money was spent in good faith.
He showed a bulletin mailed to 30,000 people telling of their college plans,
land purchase, decision made by the Board of Trustees, which he raid, and
displayed the map of the site which was in the bulletin. A copy of which
was given to the Council. He read two other items in two other publications.
They have substantial cash in the bank and will be in the unique position of
having a debt free college. They have committed themselves to their con-
stituent. We have had problems with our over proposal and wrote to our
Engineer for his opinion. He read port,ons of a letter from E. Harold Munn, Jr.,
Consulting Radio Engineer, Coldwater, Michigan, dated March 25, 1970, which
pointed out in part that the antennae will not disturb the aesthetic value of
the Village. This was one reason why a Planner was hired so they would be
sure the tower will fit in and thay feel that it .does fit in even though the
Highway Department facility was asked to relocate elsewhere and Mr. Dahlgren
had recommended this, buL,said the tower could go in. Copies of the Park
and Recreation Advisory Coeur-aission mtnutas of June 11, 1970 were read in part
and submitted to the Council, wherein it was stated that they feel that a
cower will not be a hinderance to park use. Copies of two letters from
641garde Enterprises and Bel Mar Builders dated .Tune 3, 1970 and June 11, 1970
respectively were submitted to Council wherein it was stated in part that
they were happy to see the collage and tower come in and had no objections to
their proposal. They also stated they would like to discuss the possibility
of using a part of the radio station facility. They checked with Mr. Munn
concerning interference from the tower ana copies of his reply, dated .tune 10,
1970, was submitted to Council, which stated in part that old receivers may
be affected, but a "trap" can be installed if this occuO!e ane will he done
by them free of charge. We feel we have done everything we possibly can to
build a campus out here. Theice gentleumn, on the Board are honorable men.
They are Judges, presidents, vice presidents and own their own companies.
The Park Board accepts it, the Planner approved it, their Engineer said there
will be no interference problem. They have no alternative but to put up a
tower here and thats it. There are some advantages of having the radio
station with the colLege. It has an advertising value which will be Rained
that you cannot buy." Their broadcasts cover a large area and he named the
states that receive them. The station broadcasts will announce the station
is in Plymouth Village. It will be an administrative headquartcre station,
Page 4, Council minutes, June 22, 1970
a quality station and one you could be proud of. This was discussed at length.
The economic advantage will ba their annual budget of 1h million dollars and
staff requiring 30 to 40 people and expanding to 80. The 900 to a maxim4:, of
1500 students will require housing and.be seendinst money which amounts to an
average of 51800 per year, mul,•.iplted by 900 totals 1.6 million dollars a
year and times 1500 totals 3.7 million a year over all. 232 of the area is
dedicated for the park. and half an acre of that is to be taken up by the
tower or a total of 2C,800 square feet, including a 10' strip going out to
the anchors. This will also aid the Village in gaining a postoffice. Each
year we mail out almost half a million pieces of mail. We have told you and
showed you we are going to build a college which was described further. We
have done everything you have asked. We are here to ask for your favorable
recommendation. There are some people here who wish to speak in behalf of
the,proposal. Mayor Hilde said this is not a public hearing so we cannot
Mear from everyone but will be happy to receive the petitions which they have
to submit. They trere given to him.
Mayor Hilde told Mr. Erickson that he -rade a very sincere effort to represent
his client. However, you may have overdone it because I am sure your clients
do not require treat much build up. They are fine people. We've known that
for some time. We met with them and we are convinced of their integrity and
are happy with what they are trying to do. From the standpoint of specifics
however, it is our job to represent the entire village in the best way we
can. We will go through and question some points that were covered in the
order that they were made. On page 6 of ,your book regarding the February 6,
1969 Planning Commission minutes i,n reference to Commissioner Hxfner's recon
mendWon, which he read, the main thing is that I (Mayor Hilde) was the
Instigator of the Central Plan. There was no plan at that time. We had a
concept in our minds of what it could be. When this statement was made there
was no idea of what that Central Plan would be and no one knew of a plan and
the Planning Com.--ission was not very ,Involved nt °hnt time.
On page 8, the second paragraph, at they n:ec • rmi- , wi attended with the
Board members of the College at the Lafayer-k Alai;" v ria, not a matter of
the Mayor or Council directing the college :aecv c ervices of Mr.
Dahlgren. You wanted to get our ideas. T'#u first p;irt our suggestion
was to get a Planner, because up to that do • vour of cs were, frankly,
quite fumbling and ycu had not settled downaI ete plan and proposal.
So we suggested that you get a Planner and thie3was couched in
very careful and hesitant terms tn the members of the Board because of our
great reticency to make suggestions to you people at all. Mr. Dahlgren had
worked on our Central Plan and was familiar with the area and we could make
a recommendation because Mr. Dahlgren did a good Joh for us. We did not
direct that you use Mr. Dahlgren. We had a contract with Mr. Dahlgren only
for the specific purpose of the Central Plan. qtr. Dahlgren is not our
village planner as Nason, Wehrman, knight & Chapman is our regular village
Planning Consultant. We told Mr. Dahlgren what we wanted and he used his
approach to come back with what we wanted.
it was our own 1,dea to have the Highway
agreed. Mayor Hilde asked Mr. Dahlgreeo
we got it done rafter a lot of linrd work.
Until the time you
plan to consider.
proceed informnlly
and discunsions,
nepartment relocate and Mr. Dahlgren
If he recalled that and he said yes,
oecured the services of a Planner we never had a concrete
it IA not reasonable for any buAiness or citizen to
an a plan with the Village and rely on mere conversatimi
When we met informally we were sitting there without full
Amended
7/6/70
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Page 5; Council minuf6', .ime 22', 1970
knt•Tledge or a whole picture of the matter before us. When Planning takes
place there are many benefits to a large number of people but also disad-
vontagesjb a small amount of people. Many villages do not Pisn fo* thiq
reason.:;During this course of long events the Central Plan took place and
secondly,,; for the first :ime nomr we have the whole prospective plan and we
are ctarzirg for the first time to have a complete story befove us tonight,.
r. Dah gren agreed to Malsor Hilde's statements,
Mayor HJ,IdeSsaid: (1) We have been asked to'consider R-1 zoning of the
college.: O' To grant a,Conditional Use Permit for the college'in the R-1
zone. (3) A {unposed change of'our ordinance to allow antennaes to he con-
structed in certain rasaa'in R-1 districts. (4) A Conditional Use Permit
for the"antennae. Tb Planning Commission did not take action on this item.
They wish -to make a %irther study and report na July first. The Council has'
the option to defer this until they complete their additional study. Ile me
omriend9d the proceed with items 03 and 04 fl'st. The matter of the antennae
on the collel'e property seems to be of major significance• t•, tht:m. In regard
to the proposed change in our ordinance for antenna;ws Counc.-Imau Htnti`read
page 4 of Enpiineer Hagen's memo #70-51, regarding a motion q ade rbv Comm7ission er
Neils, as. '+.;,'lows: ,
Comm: -Dior.+r Neils moved, that. we recommend approval tc the proposed
changr ,6e',zoning ordinance as follows: +
Sectir`•r. ; : c si- ' sion 3. "
9. Rao r;. •vision broadcasting studios, transms •l.ir.g
statio: « r. -nae, And towers Then operated in cat itettion 1
r
with and ort: d upon the sight of an institution of a ±
religious, ,c ;tioaal, eleemosynary or philanthtoliac '
nature."
efi,ti div 7/61il-1 Dis., ict ordinancAttorneYLeflersaidthislanguageawastakenfromthe1 /
4
Councilman hintz asked what the cost will be for the tower and btatiuri itself.
A me.mter of'the college stated the transmitter will cost $27,500, antennae V
ahout $12,000, transmission line $11,0100 to ,k.12,000, tower ;1;3,000, fut does
not touch on the cost of the miscellaneous eauLpment which he naried 'which
figures he cannot even begin to give. I R
MOTI01i was ride by Councilman Spaerh that we not change the orc1+t, Iuc! to r
alloal 'acitennaes in R-•1 districts. Councilman Hintz second the riot. ol'l.
Counc.Uman Spaeth said his reason'is because last year they spent lot of
money to get the Highway Department to move out of that areA. TI)e shopping
area is l.lanned, the civic center in planned and the beauti:uA park ,'s Amended 7/6/70
plonned for'there and he is against the tower in that location., Couiuil,man
IlLr,tz asked if the radio and station is considered educational it commercial.
A nember of the college, sate, it is non-commercial, non -der twnlns, ,_onal, edu-
rationa.l., chrigtinin station. Councilman Mintz asked if they ;rh a applv,ing
for federal tunds. ney replied they are licensed as n comp !rc :a1 cats titni
but they do not use. it nor do they intend M use it as such, re's licansed 1;s..
onkr the 'CC and thin was discussed,
Counci;man litntz said if we change o .r ordinance to slimy a;_tidio toki:ter in
e R-1 deme ray. nre npening tip the doors of n?,1 R -,l ;areas co ."request permission
to buiId radio towers in these ;gens. Ile ennnot see setting a precedent or
chnog,ing -:he ordinance,
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knt•Tledge or a whole picture of the matter before us. When Planning takes
place there are many benefits to a large number of people but also disad-
vontagesjb a small amount of people. Many villages do not Pisn fo* thiq
reason.:;During this course of long events the Central Plan took place and
secondly,,; for the first :ime nomr we have the whole prospective plan and we
are ctarzirg for the first time to have a complete story befove us tonight,.
r. Dah gren agreed to Malsor Hilde's statements,
Mayor HJ,IdeSsaid: (1) We have been asked to'consider R-1 zoning of the
college.: O' To grant a,Conditional Use Permit for the college'in the R-1
zone. (3) A {unposed change of'our ordinance to allow antennaes to he con-
structed in certain rasaa'in R-1 districts. (4) A Conditional Use Permit
for the"antennae. Tb Planning Commission did not take action on this item.
They wish -to make a %irther study and report na July first. The Council has'
the option to defer this until they complete their additional study. Ile me
omriend9d the proceed with items 03 and 04 fl'st. The matter of the antennae
on the collel'e property seems to be of major significance• t•, tht:m. In regard
to the proposed change in our ordinance for antenna;ws Counc.-Imau Htnti`read
page 4 of Enpiineer Hagen's memo #70-51, regarding a motion q ade rbv Comm7ission er
Neils, as. '+.;,'lows: ,
Comm: -Dior.+r Neils moved, that. we recommend approval tc the proposed
changr ,6e',zoning ordinance as follows: +
Sectir`•r. ; : c si- ' sion 3. "
9. Rao r;. •vision broadcasting studios, transms •l.ir.g
statio: « r. -nae, And towers Then operated in cat itettion 1
r
with and ort: d upon the sight of an institution of a ±
religious, ,c ;tioaal, eleemosynary or philanthtoliac '
nature."
efi,ti div 7/61il-1 Dis., ict ordinancAttorneYLeflersaidthislanguageawastakenfromthe1 /
4
Councilman hintz asked what the cost will be for the tower and btatiuri itself.
A me.mter of'the college stated the transmitter will cost $27,500, antennae V
ahout $12,000, transmission line $11,0100 to ,k.12,000, tower ;1;3,000, fut does
not touch on the cost of the miscellaneous eauLpment which he naried 'which
figures he cannot even begin to give. I R
MOTI01i was ride by Councilman Spaerh that we not change the orc1+t, Iuc! to r
alloal 'acitennaes in R-•1 districts. Councilman Hintz second the riot. ol'l.
Counc.Uman Spaeth said his reason'is because last year they spent lot of
money to get the Highway Department to move out of that areA. TI)e shopping
area is l.lanned, the civic center in planned and the beauti:uA park ,'s Amended 7/6/70
plonned for'there and he is against the tower in that location., Couiuil,man
IlLr,tz asked if the radio and station is considered educational it commercial.
A nember of the college, sate, it is non-commercial, non -der twnlns, ,_onal, edu-
rationa.l., chrigtinin station. Councilman Mintz asked if they ;rh a applv,ing
for federal tunds. ney replied they are licensed as n comp !rc :a1 cats titni
but they do not use. it nor do they intend M use it as such, re's licansed 1;s..
onkr the 'CC and thin was discussed,
Counci;man litntz said if we change o .r ordinance to slimy a;_tidio toki:ter in
e R-1 deme ray. nre npening tip the doors of n?,1 R -,l ;areas co ."request permission
to buiId radio towers in these ;gens. Ile ennnot see setting a precedent or
chnog,ing -:he ordinance,
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Page6. Council minutes, June 22, 1970
Councilman Johnson said it this ia,voted down, that we will not change. and
effectively, are we saying we
dol
not want any part of it all? Someone,said
yes. Councilman Johnson said he cannot separate this all out and asked if
we want a college in the first' place. You sight as,well say we \never really
addressed ourselves to that question. We have come tack to the,tilge we
were woe:king on the Central Plan and agreed on pointe. We may be chasing
1 ! shadow# if we do not want a college in the first place. They will need a
tower. If they do then what,aro we going to do about the,tower?i Mayor
Hilda said he did not agree,and referred them bac:: to the questipu of the
antennae in this area and said we must address oureelvis to the ;question,
do we want the tower or 'at? Councilman Hints said, personally; we%saw the
location of the college but no cantion was made of the tower at this point.
We stw towers with micro waving or underground cable. we have addressed
ourselves to the question of ;he college said Mayor Hilda, We have given
them more consideration than a lot of others. Councilman,Johnson said he
thinks we like the idea of tho'11college but not the tower, ,Councilman Spaeth
sail he is not against the tower if they c.n find another location for it.
Itis the heart of the Village and I am car ainly not againet,,the cgllege he
add sd.\
Mayer Hilda said before the Centrals Plan we had the KIP quadrant, noei we have
lour quadrants which have a tremen, us potential for our citizen's tax base
a sensurate with beauty and aesthetics. I spent one year at the Capital
e, eking the assistance of the Coverockk, Lieutenant: Governor, H;ighwcy Como1-
idAonsr and his staff to bring about the moving of the Highway Depa.tment
and\they have moved. This was the key to the proper developrent of the
into `section and the Central Area and I'vould not like to, in any way, de-'
preci,`te or downgrade the land use potential of the area by al,owing nn
antennae to be erected.
Councile;In Kindseth said our ordinance plainly states uses of tNis`pature.
We +could o%pen)up situations for broad usage to permit radio towers over
chullmhes acid so forth over the village and our ordinance says this should
be :,n a I-1 ,area. Councilman Hints said they overlooked on• particular
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action In thitit book i.e., the Oction of the February 23rd council Amended 7/6/70
mestinf. Hr O1 ted this out for benefit of the Council. Councilman
Kindset;h said a feelings about the tower do not mean the college and
Count i,: man Hint agreed to that.
The t oliion should state to refute an amendment to the ordinance to pet'rit
this tape of use ii,\this area. Motion carried, unanimous vote.
Mr. Toth Erickson saW'\further action is not necessary. This was a package
deal bar the college. If you wish to build the college here said Mayor
Hilde,-we would like W,,see you consolidate the college in a smaller area.
We wi:l,; talk to you latnr if you desire and give you some ideas on how to
get I1111her use from your '20 acres which wjuld result in less 10811 of tax
base for the citizens of Plymouth. We sant to make that suggestion to yilml
The peliAtioner does net vish'.,ttp proceed said Mr, Eticksov. They are greatly
dinapptrinted. We di?) not rely simply on conversations and follmmd recomm-
ondations, The Trueteee were ,itncere, When you derided about ehe tever uy
had na chance to rebut. hie 40 leen t,reeted poorly, We spent considerable
time for sarvices,
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action In thitit book i.e., the Oction of the February 23rd council Amended 7/6/70
mestinf. Hr O1 ted this out for benefit of the Council. Councilman
Kindset;h said a feelings about the tower do not mean the college and
Count i,: man Hint agreed to that.
The t oliion should state to refute an amendment to the ordinance to pet'rit
this tape of use ii,\this area. Motion carried, unanimous vote.
Mr. Toth Erickson saW'\further action is not necessary. This was a package
deal bar the college. If you wish to build the college here said Mayor
Hilde,-we would like W,,see you consolidate the college in a smaller area.
We wi:l,; talk to you latnr if you desire and give you some ideas on how to
get I1111her use from your '20 acres which wjuld result in less 10811 of tax
base for the citizens of Plymouth. We sant to make that suggestion to yilml
The peliAtioner does net vish'.,ttp proceed said Mr, Eticksov. They are greatly
dinapptrinted. We di?) not rely simply on conversations and follmmd recomm-
ondations, The Trueteee were ,itncere, When you derided about ehe tever uy
had na chance to rebut. hie 40 leen t,reeted poorly, We spent considerable
time for sarvices,
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Page 7, Council minutes,' Jv6a 22,, 1970
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Mayor Hilde said you offend the honor and int g Uy of the Council. It
is natural to'feal badly but going back to th Bence that you made to
the meeting of February, we did that as a favor \1 ou'but yba do 'not
wish to acknor-ledge that*) You have' ,in your book: t lettere which you
sunt to
meas
I got these letters at mq home w ii h :n cated there was
gt'eat pressure and ,you were assuming you would e, to ed to proceed with
the plans, so t brought 'ihis up to the C4wtcll a% v wanted you to Know
we'did not want,you to spend any more money for ! at.
n
Mr, Eltickson sa d the problem with tite letter was `that t cams like •,a
bonbs hall. We d no notice to discuss it and we melt, • were treatad
poorly then. Mayor Hilde said we did the beet we can. V . Erickson said
we appreciate your comments. ,
CowYcilman Johnebn said he thinks we were totally wrong on he college.
He tent back to .968 +unJ from that moment we knew there was , 01" to ba .a
toweir. We scrubbed out a lot of work and planning. We do no have the
right to carry
oto, with the developer for 18 months. They c,oul be easily
misled by our st4tements. We should have told them a yeer'ago. Council-
man !lints asked, ire you saying we knew about the tower? Did yoknow it?
Councilman Johnsonsaid }+es.iI did. It will')always bother me and I will
not .let it happen again.
Mr. Morris of CalhCun Realty told Council he negotiated the land purchase
with ttr. Franklin for the college. No owner would have stood still for
an option to proper toning. We asked in good faith and were received with
open .tans at every maeting we had. What other procedure could we have
follotted? Mr. Franklin would never had an option without coning. Mayor
Hilda said we are doilg what we feel is best. 'We did not know what to do
until we had a site pban. This should have be%1n done a long time ago.
Engineer Hagen sold thh Planning Commission recommended approval of the RE: PONDEROSA
Ponderosa Preliminary P•1at with several conditions as outlined in his PRELIMINARY PLAT
MEC 70-53. Tho plan wag discussed with developers, Norman Jarnes and
Oscar Naustdal. There was a discussion covering drainage, future storm
sewer, ponding areas provided, grading and restoration of public space,
the Park Director's criticism concerning greenstripping. maintenance i
and location of Parks A. Be C and D. Council agreed to eliminate the
two walkways. The developer's agreement shall cover responsibilitjr for
the gre,onstrtpping.
MOTION was made by Councilman Johnson, second by councilman Hintz to RES. N0. )0-235
adopt RESOLUTION NO. 70-235, A RESOLUTION APPROVING THE PONDEROSA PONDEROSA PLAT
PRELIMINARY PLAT SUBJECT TO THE NINE CONDITIONS SET FORTH IN THE APPROVED
RNCINGEW S MPP M&C 70-53 WITH THE CORRECTIONS OF COND'f'CIONS 03 AND
06 M STATED BELOW AND ELIMINATE PARK SITE A FROM THE PLAN:
1. Ae increaned depth of reverse frontage lots on Dunkirk to about 160',
2% tratnage easements subject to Engineer's approval,
3. C,,adtng and restoration of public spmee, in accordance with the
wishes of the Park Director and Engineer.
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Page It, Council minutes, June 22, 1970'
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4. Revised lots at street frontaRe)oF1)Park9 generally as in Planner'e report 1recommendation,
S. Variance `for Lot land 2, Block 8, Lot S, Block 9 for lot width at
setback line.`_
6. Access from Garland Lane to Park B along west edge of plat be provided.
7. Cummunity Unit Project Conditional Use Permit be granted."
8; Deletion of long park strips in Blocks 8, 10, 3 and 4.
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9. Dedication of Parks D and E as neighborhood parks.
Motion 'carried, S aye roll call vote.
Councilman Kindeath requested that the Attorney, Panning Commission RE: GREENSTRIP
and Planner put steam on'the contractual arrangements,,possible,for RESPONSIBILITY
upkeep methods and perpecuity, of green strip deals. 'Attorney Lefler
said he and Dale Pollock have had discuselons oit,,chis &nd it is in thr; Aztended 7/6/70
stage of properation-,but there are questions co'd4rn4rg site of devel-
opments which have to be resolved. r
MO;"ION was made by Councilman Kindeeth, i;ouncilman Spaeth to RF: STUDY
select a study committee with two wombers of Ithft"-Jerk CFmission and COMMI"RE
the Park Director, two mtAers of the Planni-,g C6!*81116n, Planner,
Engineer and Attorney to study matters which involve rt'
dreation
and,
platlning. After discussing the number of men who should be on this Amended 7/6/70
comi1ttee it was decided that the number should be five.
Councilman Johnson said he will talk to Planning,Commission Chairman,
Ed Eltan, and have him recommend a member from that Commission and
Councilman 11ints will do the same by contacting Park Commission, Chair. -
man, Tony Norris, for one member of the Park Commission who will act
with the Engineer. Planner and Attorney: Engineer Hagen said he will.
pre+para something on the greenstrippi" for a future meeting, !lotion
carried, unanimous vote.
The memo recel••eO from Acting Manager Barnts con+.erning the 4 Seasons RE: 4 SEASONS,
greenstripping area was reviewet1. GREENSTRIPPING
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Mrs. Janet Heronemus, 9900 37th Ave.. N. gave a, letter to Council con-
cerning the problems they are experienciag AvrA petitions signed by
residents in this area. She explained the pr, blems and pointed out the
problam area,i on a section map. Council asked about the Performance
Bond hovering completion of the greenstripplrg in this area for con-
tractor, McCrossan, Inc. Engineer Naxen sal; the bond was decreased
from $42,000 down to $15,000, which remain&Ito cover street work. Att-
orney Lefler, read that portion of the minutlite from a meeting in which
this authorisation to reduce the bond was given. last year.
Mr. John Maloney, member of the Middle East Nom.sowner's Association,
also reviewed the problems.
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Page 9, Council minutia, June 22, 1970
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The Couk-A discusped McCrossan's responsibility as well as the developer,
Mr.) Beia'v A, Attorney Lefler said they are no longer, involved. Council
discupacO,,'IFa,best course of action to take in view of the circumstances.
Mayor Hi`d, told the citizens that the Council is 1012 In sympathy with
t,em, ant steps' to correct the situation will be recommended and resolved.
ct ng 4i, jaxj arnes recommended keeping the weeds cut, grading' where
1 /necrossary. `,Inoe!rflinate the owners of the multiples on the berm with our
landscaping +'a'development of the greenstripping, seed in"the fall forfwirterc.over",;art wait to plant shrubbery until funds are available, and
ryi th.iany'don,t+ s the citizens whish to make will be considered. Engineer
Hagen agreed the said grading should take place first. Council further dis-
cussed with Engineer Bonestroo the circumstances surrotending the bond"and
agrOement, McCrossan's involvement, blacktopping, Egil Wefald's letters
contierning seeding and sodding, Mr. Larry Teberg and Mr. Jim Olson's par-
ticipation at the time the agreement was drawn up.
MOTION was mads by Mayor Hilda, second Ly Councilman 'tntz to adopt
RESOLUTION NO.' 0-236, A RESOLUTION DIRECTING THE VILLAGE MANAGER
AND ATTORNEY TODETERM7NE AND DEFINE TN SIMPLE WORDS: (1) WHAT THE
INTENT OF THE It;VELOPMENT CONTRICT WAS, CONSIDERING THE FILE AND ALL
THE LETTERS THE'ftl'N- (2) HAVE "HESE SAME TWO PEPPLE DETERMINE WHETHER
OR NOT ALACK DIRT-0'iS IMPROPERLY REMOVED FROM THE GREENSTRIP AREA BY
MARV, ANDERSON (•b'":IY AND THAT THESE FEOPLE PAY US TO REIMBURSE THE
CO$T OF RESTr'W,, 4" IE SAME OR DO IT THM3ELVES. (3) DIRECT THE ATTOR-
NEY TO RESEAK N ,i b DEFINITELY ASCERTAIN CIRCUMSTANCES AND LEGALITY
SURRMIDING A,710;1 OF THE VILLAGE COUNCIL ON MARCH 3,. 1969 WHEREBY
ESCROW MIAS ,: ) BOND WAS RELEAS'3D. (4) THAT THE ACTING MANAGER,
T11RO`1GH THE E* .-AEER, WITH THE FIRST THREE. SET OF FACTS DEVELOP A
PRELIMINARY Rl'?ORT FOR THE'COU1CIL AND REPORT BACK TO THE COUNCIL AT
THE WGUST 3PZ) COUNCIL `lEl,TING Motion passed, 5 aye roll call vote.
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The lhcr,:ng Mar ager was directed to send a copy of the report to Mr.
Malc ;`iey for r e P iew.
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RES. N0. 70-236
UPGRADE
4 SEASONS AREA
Amended 7/6/70
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The Pus rter1 • y!ceport from Fiscal Consultant, Jim Olsen, will be reviewed RE. QUARTERLY
at a me.tzirg tc be held July first at 5:00 P.M. In the Acting Manager's REPORT
offic", At 7:30 P.M. a special meriting will be held to consider a bond
sale nhd contract bid award.
Fn3ineer Hagen submitted a report from Bonestroo b Asroetates concern- RE: FINAL PAYMENT
rnll ftial requaC )for payment of, West Medicine Laky: Drive Project tJ. MEDICINE LAKE
ift0't-4 tib. ! DRIVE PROJECT
OTION was made by Mayor Hilda, asaond by Councilman Hintz directing REt STATE AID
tho Entineer to prepare a State Aid Status Report to cover what has REPQRT
Happened since November lase. and attempt to recap what out situation
d11 look Woe at the and of the year with comments for 1071 and a
vhole accounting of the same, so we det a feeling of this for our
thoroughfare Plan. This report to be submitted for the July 27th meet-
irg. Motion carried, unanimous vete:
At present two members havt been appointed to the Board of Zoning Adj- REt BOARD OF
ustment Committee, namely; Muests. Jim Wahl as Chair;an and Klaus P. ZONING ADJUSTMENT
Decker, Councilman Spaeth made a motion, second by Counctlman Hinta
to nominate Mir. David WrbAl, 16120 4th Ave. N., Wayzata, as a third
member to thin committee, ;intion passed, unanimous vote.
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RES. N0. 70-236
UPGRADE
4 SEASONS AREA
Amended 7/6/70
u
The Pus rter1 • y!ceport from Fiscal Consultant, Jim Olsen, will be reviewed RE. QUARTERLY
at a me.tzirg tc be held July first at 5:00 P.M. In the Acting Manager's REPORT
offic", At 7:30 P.M. a special meriting will be held to consider a bond
sale nhd contract bid award.
Fn3ineer Hagen submitted a report from Bonestroo b Asroetates concern- RE: FINAL PAYMENT
rnll ftial requaC )for payment of, West Medicine Laky: Drive Project tJ. MEDICINE LAKE
ift0't-4 tib. ! DRIVE PROJECT
OTION was made by Mayor Hilda, asaond by Councilman Hintz directing REt STATE AID
tho Entineer to prepare a State Aid Status Report to cover what has REPQRT
Happened since November lase. and attempt to recap what out situation
d11 look Woe at the and of the year with comments for 1071 and a
vhole accounting of the same, so we det a feeling of this for our
thoroughfare Plan. This report to be submitted for the July 27th meet-
irg. Motion carried, unanimous vete:
At present two members havt been appointed to the Board of Zoning Adj- REt BOARD OF
ustment Committee, namely; Muests. Jim Wahl as Chair;an and Klaus P. ZONING ADJUSTMENT
Decker, Councilman Spaeth made a motion, second by Counctlman Hinta
to nominate Mir. David WrbAl, 16120 4th Ave. N., Wayzata, as a third
member to thin committee, ;intion passed, unanimous vote.
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t?ag ]0, Council minutes, ,June 22,i' 1970
MayorAllde asked CJicilman Johnsot to ch--A with Planning Commiesion
Chairman,, Ed Egan, for is recommendation or.! an appointment for one
memba,from the PlanningCommission oto serve on the Board of Zoning
and the Council was directed,,to sake, two other recomendations at the
Juiv 6th meeting.
MOTION was made by c"",tuncilman Johnso'n,_second by Councilman Kindseth to
adopt RESOLUTION NO. 70-237, A RES&UTION APPROVItNf:*THE PLANS AND SPEC-
IFICATIONS TO INSTALL SEWER AND NATER PRO'SCT NO'70-1,0-E FROM 26TH
AVENIIE TO , 36TH AVENUE AT A COST OF $492 ]'65.00 AND AD. v TISE FOR BIDS
ON JULY 100 1970 AT 10:00 A.M. A discuasion was hel on.-"Zhe contract
with refpect to the lagoon, engineering costs includ, ng inspection
charge`s, sch661 opening date, penal )ies for not comrAeting-.' i- ,by
contraci date, street compaction and surfacing schedule. Motion carried,
5 ay; roll call vote.
14OTl(w "as made by Councilman Johnson, second oy Councilman Hintz to
adopt RESOLUTION N0. 70-2389 A RESOLUTION TO RESCIND ORDINANCE N0.
70- 01]ERTAINING TO SANITARY LAND FILLS. Motion carried 5 aye roll
call y!d' e.
MOTION was made by Councilman Johnson, second b- CouncilmanSpaeth to
adopt HLiSOLUTION NO. 70-239, A RESOLUTION APPROVING THE REGULAR
PAYROLL DISBURSEMENT FOR THE PERIOD ENDING JUNE 156 1970 IN THE AMOUNT
OF $150891,46; THE GENERAL FUND DISBURSEMENT IN THE AMOUNT OF
2680228.tS AND CONSTRUCTION AND SINKING FUND DISBURSEMENT IN THE
AMOUNT OF $2030793.85 FOR THE PERIOD ENDING JUNE 22, 1970. Motion
carried 5 aye roll call vote.
RES,. N0. 70t--237
PROJECT 070-1,0-E
ORDERED TO ADV-
ERTISE FOR BIDS
0
RES. N0. 70-238
RESCIND ORDINANCE
NO. 70-17
RES. N0. 70-239
DISBURSEMENTS
MOTION was made by Councilman Spaeth, second by Councilman Hintz to RES. NO. 70-240
adopt RES4)LUTIM4 NO. 70-240, A RESOLUTION APPROVING THE 3.2 ON AND LICENSE REN;E ALS ,
OFF SALE ION -INTOXICATING LIQUOR AND SETUP LICENSE RENEWALS FOR THE
FOLLOWING.
3.2 BEER LICENSE FOR ON SALE ONLY
Kenneth H.+1;,pton dba/Hampton Hills Golf Course, 5313 Juneau Lane
Richard Dozell dba/Hollydale Golf, Inc., 4710 Holly Lane
3,2.,.86.LR LICENSE FOR OFF SALE ONLY
Ruth Horstman dba/Horstman Dairy, 2119 Medicine Lake Drive
John Wennor dba/Toa Thumb Superette, 4130 Highway 0101
Ronald Libby dba/Libby's Superette, 11540 County Road #10
Wilbur Sheets dbaiFood Village, 11311 Highway X155
Ted Rydholm dba/Ted'a)Superatte. 17405 County Road Oar
WM. C. Rademacher dba,>11i11's Purity Superette, 3435 County Road 018
3.2 BEER L.CENSR FOR ON AND OFF SALE
Gerall B. 1khmidt dba/The Barn, 4355 County Road 018
Mervin Klatte dba/Elia Creek Golf Course, Hamel
Ivabelle M4 Odegnard dba/Ivy'a Place. 12210 County Road 09
Ronald Wlnterhalter dba/V.F,W. Pout 059033 Hnmgl
Robert E. Winters dba/Alsple glas®om Ina, 10710 South Shore Drive
Emily A. Neese dbn/The Red lien, 10316 County Road X19
Bernard Paliner dba/Waterfront Tavern, 2,,135 West Hadicino Lake Drive
Howard Ryan dha/Ryati'+a 6allroom, 11516 County Rotid 110
Page 11, Comell minuted, Jtme 22,- 1470
SETUP LICENSES
CArald B. Schmidt dba/The Barn
Robert Winters dba/Apple Blossom Ion
Barnard Palmer dba/Waterfront Tavern
Re+nald Winterhalter dba/V.F.W. Post
Ivabelle Odegaard dba/Ivy's Place
Eptly A. Heese dba/The Red Ren
Howard Ryan dba/Ryan's Ballroom
Motion carried, 5 eye roll call vote.
Councilman Spaeth stated that,a policy should be set up for better communt- RE: COMMUNIM.
cationa concerning village improvement project problems. If something is CATIONS ON
scheduled to be done it should be dont he said. He submitted a memo in PROJECTS
this regard to Council. Councilman Johnson said that the other Council
members went through a period of about 5 to 6 months experiencing the same -
problem that he orote about. Finally the problems were resolved. He said
it is not always -possible for a contractor to appear on the scheduled date
for one reason or another. Engineers Hagen and Bonestroo discussed these
problems and reasons for them with Council as wil,.l as the subject of
supplying information to citizens who call inv Atha Village hall.
Acceptinq bids was discussed and the Attorney said according to lair you RE: BID
must'award a bid'to the lovest responsible bidder. You must have a very AWARDS
sound reason for not awarding a contract to a low bidder and McCrossan.
Inc. is not within that latitude. Past service on the part of contractors
and engineers was discu'rsed. Mayor Hilde told Engineer Bonestroo we want
closer, more firm more strong arm methods of taking care of these problems.
Mr. lonestroo said the Village should authorize full time supervision on a
per diem basis. General superviaion is being conducted now by Engineer Cook.
MOTION was pude by Mayor Hilde, second by Councilman Johnson to adopt RES. N0. 70-241
RESOLUTION N0. 70-241, A RESOLUTION AUTHORIZING THE VILLAGE ENGINEER TO PR(1JECT
PROVIDE FOR ADDI.1,10NAL INSPECTION TO ASSURE THE VILLAGE TH.1T ROAD WASH INSPECTOR
OUTS ARE PROPERLY CARED FOR, SAFETY FLARES PROPERLY PLACED THROUGHOUT
THE VILLAGE, GRATING AND OTHER CONSIDERATIONS ARE PROPERLY CARED FOR IN
ALL WORK PR6JEC`S, DONE IN PLYMOUTH DURING 1970. THESE EXPENSES ARE TO
BE ADDED TO THE COST OF THE PROJECT AND ASSESSED. Motilin carried 5 aye
roll call vote.
A discussion was held on providing some type of sanitary facilities for RE: SANITARY
the park area on the west aide of Medicinn.Lake. Councilmen Hintz and FACILITIES
Spaeth suggested that the Park Director be made aware of this matter
and such facilities be provided and the expenses for same be taken out
of the Park Budget.
MOTION was made by Councilman Kindseth, second by Councilman Joh,tson to RE: ZACHARY
defer enforcement of the zoning ordinance until the end of 1970 for LANE NURSERY
Elmer Roebeck's Zachary Lane Nursery and Landscaping Co. while his re-
quest for B-3 zoning is granted. Motion carried, unanimous vote
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Page 12. Council minutes, J'ime 22, 1970
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MOTION was mado 'by Councilman Spaeth, second by Cowicilman Johnson to RES. N0. 70-242
adopt RESOLVT fN N0. 70-242. A RESOLUTION CO Q.'QDIN r OFFICERS, NEIL , COMMENDATION
NIELSEN, DEI44 19` PAULSON AND THOMAS SABA FOR 'ALERTNESS, E"ICIEWT POLICE OFFICERS
AND ATTENTIOU TO DUTY- ON TWO RECENT POLICE CALLS. Motion cagrlid', S
aye roll call ve te.
MOTION rias made t,y Councilman Johnson, second,by Councilman Hints -to
adjourn, ,at:,12 00 A.M. Motion carried, unanimous vote.
n AiHildg.Jr., Mayor
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Attest:
n
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