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HomeMy WebLinkAboutCity Council Minutes 08-17-1970I 6 MINUTES OF A REGULAR 1MUNCIL MEETING PLYMUTR, M13MOTA AUGUST 17, 1970 J p A regtdar •aeeting of the Plymouth Village Council v*a called to order by Mayor Hilde at 7:50 P.M. on August 17, 1970. PRESENT: Mayax Hilde. Councilman Hints. Kiiidsath and Spaeth. Acting Manager J Barbas, liginsers Hagen, Cook and Somstroo and Attorney Lefler.,: Couticilm an Johnson arrived at 8:15 T.M. ABSENT: 'Nona MIS 1 U fin o O I 6 MINUTES OF A REGULAR 1MUNCIL MEETING PLYMUTR, M13MOTA AUGUST 17, 1970 J p A regtdar •aeeting of the Plymouth Village Council v*a called to order by Mayor Hilde at 7:50 P.M. on August 17, 1970. PRESENT: Mayax Hilde. Councilman Hints. Kiiidsath and Spaeth. Acting Manager J Barbas, liginsers Hagen, Cook and Somstroo and Attorney Lefler.,: Couticilm an Johnson arrived at 8:15 T.M. ABSENT: 'Nona MIS 1 MOTION was made by Covmcilman dints. second by Councilman Spaeth to RB: MINUTES OF Approve the minutes of July 6. 1970 with the following awmdm+ants: JULY 6, 1970 J Page 9,, 4th•paragraph: Place a period at the end of the fourth line. I 1 After the word "comoents" at the end of the Sth line add: vhichquite clearly indicates the village's approach, especially in regard to the engineering of trunk lines and interceptors bet" done by village engineers." 1 1 Add after "again" at the and of the paragraph,: "to discuss the matter further". Acting Manager Barnes vas requested by Mayor Hilde to contact the Metro Council concerning the Witco Open Space Guide Plan .its recorded on Poge 8. Motion carried. unanimous vote. MOTION was made 'by Councilman Hints, second by Councilman Spaeth to RE: MINUTES OF approve the minutes of July 30, 1970. Motion carried, unan$.mous vote. JULY 30, 1970 MOTION was made by Councilman Spaeth, second by Councilman hint, to RE: MINUTES OF approve the minutes of August 3, 1971 with the following correction: AUGUST 3. 1970 Page It Under those present after Councilman Johnson correct Spaeth to read Vints. Motion carried, unitnitnous vote. PRESENTATION Mr. Paul F. Daw, Exeitutive DLre4:tor of the Metro Section of the League Rist METRO SECTION OF of Minnesota Municipalities made a brief presentation regarding mewber- LEAGUE OF MINNESOTA ship of thte vrganiaiftion. He gave the purpose of this group and how MUNICIPALITIES It fonetilonti. Mayor Hilde said he feels Plymouth should Jotti, this group aA P*Ave,his reasons why. Mr. Dow explained the berms of meOership. 1 1 1 1, CO Page 2.legular Council Meeting, August 17, 1970 The dues are,$609.70 perp year' co+ering the period fsom Reptembsr first through, ugust31at. Their present membership of SS communities represent 961 of the uetropplitan populaticu. He said if the village is interested in becoming a a"er; a letter of- intent should be submitte4 and include the membership dues U In' the budget to be paid January 1, 1971 -and theq can become a member PCotdistely. Dues are based on the population census and are figured on a w centage of the annual dues paid to the League of Minnesota Municipalities. MOTION gas made by Councilman Hints, second by Councilman Spaeth to adopt RES. N0. 70-339 RESOLUTION NO, 70-3390,A'R SOLUTION DIRECTING THE ACTING MANAGER TO TAKE METRO SECTION THE NECESSARY STEPS TO BECOME A .-14BER OF THE METRO SECTION OF THE MEMBERSHIP APPR`dVEI LEAGUE OF MINNESOTA MUNICIPALITIES. Motion carried, 4 aye roll call vote. 0 f'. Mr. Dov said a questiounairo will be sent to the mayors, managers and councilmen of all participating municipalities to find out what their interests'are for ad hoc committees. I Councilman Johnson arrived at the council meeting. PETITIONS. REQUESTS & COMMUNICATIONS Mr. We. Dickey, representing Steve Lisle, appeared before Council with respect to the rezoning request Mr. Lisle made lest year. He gave the past history of tihat has taken place and said the reasons for the R-0 to R-4 rezoning request was to,construct an apartment building complex at 17210 County Road 06, which is east of Oakwood School. The matter was deferred last year pending contact with School District 0284 and the Highway Dept. to see if they were interested in this property. The Highway Deptt, replied they were not and the School District made a verbal negative rooly and stated they were opposed to the apartment complex. Engineer Hagen requested them to confirm this in writing but no letter to date has been received. A discussion followed. MOTION was made by Councilman Hintz, second by Councilman Kindseth to adapt ORDINANCE NO. 70-31, AN ORDINANCE APPROVING THE REZONING REQUEST MADE BY STEVE LISLE TO REZONE FROM R-0 TO R-4 THE PROPERTY AT 17210 County Road 16. Motion carri.d, S aye roll call vote. Mr. Dickey was advtaed to have Mr. Lisle send a copy of his site plan with an enplanation to Dr. Snyder, Supt. of School District #284 in time for their next meeting. MOTION was made by Councilman Spaeth, second by Councilman Hintz to adopt RESOLUTION N0. 70-3400 A RESOLUTION AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE AGREEMENT FOR PURCHASE OF GRAVEL FROM JEMAGEN, INC. Motion carried, S aye vote. % MOTION was made by Councilman Spaeth., second by Councilman Johnson adopr RESOLUTION N0. 70-341, A RESOLUTION APPROVING THE SUBDIVISION WAIVER REQUESTED BY WILILIAM JOSEPH FRANK, 17325 24TH AVENUE NORTH, WAYZATAt TO RELOCATE Ldr LINES BETWEEN LOT 4 AND LOI 5, BLOCK 6, SUNNY ACRES SECOND ADDITION. Motion carried, 5 aye roll call vote. 0 RE: REZONING - STEVE LISLE ORD. 13. 70-31 REZONING APPROVED STEVE LISLE RES. N0. 70-340 EXECUTE AGREEMENT JEMAGEN, INC. to RES; NO* 70-341 SUBDIVISIONSUBDIVISION WAIVER WM. J. FRANK piggy 31, Regular Council Meeting, August 17. 1970' ' i O L J Engineer Hagen reviewed his memo regarding the Metran Apartment site RE::"'NWRAM APTS. plan to be,located on the east side of Lancaster Lane at shout 38th Avenue. He also presented a color -coded nap of the area shoving where the apartments will be in`telation to the 4.7 acres of pondlegares to, the north of which Engineer Ragan said an additional acres Is necessary to serve the 37 acres In that vicinity. Mr. Don Hess. representing Mr. Antonio Bernardi. said it was nearly a year ago that -this plan was presented. Some improvements have been made s$ to the architecture. parking and the layout which was pre- sented to the Planning Comission. They were asked what provisions have been lade for ponding and they paid tonight is the first time they heard about it. A considerable discussion ensued on thio subject as well as it's relation to the developer's proposed shopping center site in the B-2 area north of the ponding area outlined on the map. Mr. vs., Bale, attorney for Myr. Bernardi,, was also present to discuss the re- quest of the developer and dedication of the ponding area by Mr.'Bernardi. After discussing this Mayor Rilde suggested that our 4ngineer work with their engineer to develop a new layout enabling them to move his proposed shopping center boundary a little further south so as to split the pond- infareas both east and west of Lancaster Lane and also work out„the Legal.description for dedication of said ponding area to the village. Mr. Bale said, we can execute the deed for dedication of the ponding area plus the one acre an& deliver it tomoreov so we can proceed to excavate, which will take a month and during that time we can start building and get this worked out. Attorney Lefler said tKe would be satisfactory, if the developer understands that this is to be done at his own risk. should something occur relative to the cooperative`mgreement. Mr. Bernardi was confident nothing would happen. MOTION was made by Councilman Spaeth, second by Councilman Johnson auth- ortzing,the issuance of a Excavation Permit, per the developer's site plan submitted, and that the final site plan approval and Building Permits will be held until such tire that the drainage plan is worked out to the satisfaction of the Village Engineer and Council and conveyance of the ponding area to the village. Approval of the site plan presented tonight is to be deferred until the foregoing portion of this motion has been taken care of. This item will be taken up at the September 14th meeting if all of the above has been resolved. Motion carried S aye vote. MOTION was made by Mayor Hilde, second by Councilmen Johnson directing the Acting Manager to have an amendment to the ordinance prepared to allow retail sales of nursery stock by Elmer Robeck in a R -O zone. Motion carried, unanimous vote. Mayor Hilde told Mr. Robeck that he can continue the retail sales of nursery stock at 10930A Comity Road 19 under the terms of his Conditional Use Permit, R6: REZONING - ELMBR ROBECK D Mr. Dale Kennedy said he and Mr. John E. Boyer originally requested RE: REZONING - reaoning from R-1 to R-3 of the property at 15th and Rosewood Avenues, BOYER 6 KENNEDY but now they would like it to be rezoned R-2. 11 1 0 Cr 7 o Page 4, Regular Council Meeting, yugust 170" 1970` SON was esde by' Coutct m v) eintz, second by Councilman Johnson rec- o-eoding that this petition be referred back to,the Planning Cossssission and there should be a'clarification made for the Planning Cbmission by the petitioner concerning their intent of the R-2 request. Motion carried, uaanisbus vote. IMbTION vas made by Corncilman Johnson, second by Councilman Spaeth toJ adopt RESOLUTION NO. 70-342, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LORRAVNE BEAM TO OPERATE A BEAUTY SHOP AND PERFORM DOG GROOMING IN HER RESIDE10E AT 11625 STATE HIGHWAY 055. Motion carried, 5 aye roil call, vote. MOTION was made by Councilman Spaeth, second by CouiacIb= ,;lohna&iti .tu- I-, adopt RESOLUTION NO. 70-343, A RE"30LUT.IQN APPROVING THE VARIAi CE OF 88 7E@T AND VALVE THE 19000 FEET MINIMUM FLOOR REQUIREMENT FOR„M'"Y } GRAPENTIN OF %. MEL MINNESOTA TO BUILD AT 2472 HEMLOCK LANE NORTH, LUT 79 BLOCK 19 ELMHURST ADDITION. Motion carried,5 aye'roll„call vote. MOTION was made by Councilman Spaeth, second ky Councilman Johnson to adopt RISOLUTION N0, 70-3449 A RESOLUTION APPROV*NC THE CHANGE ORD®t DL'IUCTION OF $140.00 ON THE CONTRACT WITH LOEFFEL-ENGSTRAND CO. FOR VILLAGE HALL REMODELLING. Motion carried 5 aye roll call vote. REPORTS BY OFFICERS, BOARDS b COMMITTEES Engineer'Hagen reviewed his memo 070-79 and explained the color -coded exhibit sups attached. He stated what his recommendations are for upgrading the Four Seasons greenstrip area, time tables and cost figures for same. The Council discussed the exhibits and portions involving Mary Anderson, Bel Mar Builders and McCrossan, Inc. It was expressed that the original development contract with McCrossan should be researched as well as Resolution 066-140, which was read by Mayor Hilda. The seeding, sodding, watering, maintenance and grading was discussed. Park Director Reuper was asked to make his comments. He said it took a mover and driver 16 hours a week to mow the greenstripping once at $1.00 per hour and cer- tain portions were mowed four times. Once the weeds and erosion are con- trolled the maintenace will be minimal he said. Attorney Lefler was questioned about McCrossan's debt to the village. He said this was ascertained by Consulting Engineers Bonestroo and Olson. It vas suggested that they contact McCrossan in this regard and if no results are obtained advise the bonding company that we will do the work ourselves and bill them for the costs. Councilman Hintz recommended we proceed with Projects A, R. C. E, F and G and leave out Project D until contact has been made with McCrossan, Inc. Mayor liilde suggested that the greenstrips be narrowed down to accomodate bicycles and walking and give the remaining portion back to the adjacent land owners. Attorney Lefler said this could he done by giving a Quit Claim Deed for the piece of property involved. Council discussed the pros and cons of this proposal and it was felt that eventually the adja- cent residents will maintain the greenstrin after it has once been dec- ently seeded or sodded, just as people do on boulevards. Interested citizens in the hall were asked for their comments. RES. N0. 70-342 CONDIT-ONAL USE PERMIT, L. BEAN RES. NO* 70-343 VARIANCE,, APPROVED MARY GRAPENTIN RES. NO. 70-344 CHANGE ORDER - LOEFFEL-ENGSTRAND RE: FOUR SEASONS GRE0STRIPPING J 7 P. 0 r L' cI/ M Page S. Regular Council Meeting, August 179 1970 Mr. 'John Maloney, President of 'the M!d&le East Homeowners Association, ques- tioned an increase in taxes if part of the strip was given to them. The attorney advised this action would create the 'necessity of issuing a deed and other legal steps and is not just a simple thing to do. Mr. Maloney said this is a nice: area, as Mayor Rilde and Councilman Spaeth testified to after having walked through the area last weekend, and people keep their lawns up and, as a member and officer of the homeowners association, he feels effort can be exerted to have the residents maintain the green - stripping and possibly put in shrubbery as well. Mayor Hilde suggested rescinding the 1966 resolution and making a new start. Councilman Spaeth asked -'when the sodding and seeding could be completed and Engineer Ragan said it would be late August or September. Mr. Dick Weidner, 9939 37th Ave. N., said a parkway should be sodded. By past experience he has found that sodding is better than seeding as that requires constant watering and tending to for some time, and asked if the village will do that. Councilman Hintz said there is no way we can guar- antee it. Mayor Hilde reminded his that the original contract only called for seeding and sodding for eroded areas and told him we do not have the water. In the southwest project area sod on the boulevards were valered for three days, after that time the residents took care of it. Mr. Weidner felt,,he problem would be better solved with sodding and said if you seed we will have different lawns. He suggested possibly putting in gravel now and sodding later. Then we will be happy to maintain it as it will match our lawns. Mr. Gerry Neils made a reference to the development contract and the clause concerning site grading. He suggested that the question of maintenance be deferred until they have had a chance to prove what the maintenance turns out to be. Mr. Ronald Bauerly said the homeowners will be willing to take care of it as long as the orintnal job is a good one and watched until the grass begins to grow and prevents erosion. There is another drainage problem extendtna to the south from the intersection with just as much chance for erosion ea the one marked for sod. He feels it will be a waste to seed it and sod 10,ould be put in. Engineer Hagen said an examination should be taade . MuTION was made by Mayor Hilde, second by Councilman Hintz to adopt RESOLUTION NO. 70-345, A RESOLUTION DIRECTING THE ACTING MANAGER TO PROCEED WITH THE RECOMMENDATIONS MADE BY ENGINEER HAGEN IN HIS tM10 170-79, WITH TIZE EXCEPTION OF THE AREAS WHICH WE WILL ASK Co S, MCCROSSAN, INC. TO FINISH AND ALSO PROVIDE ADEQUATE WATERING TO GET THE GRASS SEED STARTED. IN THE EVENT 'MCCROSSAN, INC. DOES NOT COOPER- ATE WITHIN A REASONABLE TIME THE VILLAGE WILL DO THE WORK IN AREAS D AND G WITH THE VIEW OF CHARGING THE BONDING COMPANY FOR THE COST OF SAID WORK. Motion carried, S aye roll call vote. MOTION was made by Councilman Spaeth, second by Councilman 3ohnsos to approve the letter ir..3m the Mtnuesota Highway Dept. dated July 12, 1970 regarding atcecs to Trunk W,ghway #55 from Gaylord Avenue And accept their recommendttton concerning development of same, that this road is to be developed and charged to the developer and we will prNwk teed with same if the 0,%veloper requests it. Motion carried, unantmbus vote. V RES. N0. 70-345 PROCEED WITH 4 SEASONS GREEN STRIPPING REt ACCESS FROM GAYL(oV AVENUE TO HIGHWAY $55 v . Page 6, Regular Council. U I, Minutes, August 17, 1970 TION was made by Councilsan Johnson, second by Councilman Hints to adopt RESOLUTION NO. 70-34610 A RESOLUTION DIRECTING THE ACTING MANAGER TO HAVE THE PLANNER PROCEED TO REPLAN THE BASS LAKE PARR SITE THROUGH THE DESIGN STAGE AND THE MANAGER IS TO RENEGOTIATE THE AGREEMENT CONCERN- ING PURCHASE OF THE LAND AND COME BACK TO US WITH A REPORT ON OCTOBER FIFTH. Motion carried 5 aye roll call vote. Engineer Hagen reviewed portions of his Project Status Report. The Council asked the Engineer and Consulting Engineers to advise thew Imme- diately should anything occur to affect the completion date of the Lift Station project. The Noyes contracts were discussed relative to what progress has been made on -the part of the bonding company. Attorney Lefler advised that it is possible(' the Village to step in now. Eng- ineer Bonestroo said negotiations be made after September first with three contractors to finish the Noyes contracts and,they could start within three days without any problem. Attorney Lefler said this alternative can be followed unless the bonding company does something within the next two weeks. Mayor Hilde stated some citizens have complained about their driveway conditions and he asked Engineer Bonestroo if the ones that need emergency attention can be taken care of and the expense charged back. Engineer Bonestroo said he could take care of emergency situations. MOTION was made by Mayor Hilde, second by Councilman Johnson to adopt RESOLUTION N0. 70-347, A RESOLUTION DIRECTING THE ACTING MANAGER TO HAVE ALL THE DRIVEWAYS INSPECTED INVOLVED IN THE NOYES CONTPtC TS AND HAVE THE REAL SERIOUS ONES DUG UP AND,GRAVELLED IN ORDER THAT PEOPLE MAY GET IN AND OUT AND THE EXPENSE REIMBURSED AT THE DISCRETION OF THE ACTING MANAGER. motion carried 5 Aye roll call vote. LICENSES 6 PERMITS MOTION was made by Counci"man Johnson, second by Councilman 11inta to approve the Well Driller License for Associated Well Co. of Hopkins and the Gasoline Station and Cigarette Licenses for Ron's Plymouth Texaco at 13700 Highway #35. Motion carried, unanimous vote. CLAIMS b DISBURSEMENTS MOTION was made by Councilman Johnson, second by Councilman Spaeth to ADOPT RESOLUTION NO. 70-348, A RESOLUTION APPROVING THE REGULAR PAYROLL DISBURSEMENT FOR THE PERIOD ENDING AUGUST 151 1970 IN THE AMOUNT OF 17,061.91, ALSO THE GENERAL FUND DISBURSEMENT IN THE AMOUNT OF 42,968.73 AND CONSTRUCTION AND SINKING FUND IN THE VIOUNT OF 8560580.94 FOR THE PERIOD ENDING AUG11ST 17, 197C. Motion carried 5 aye roll call vote. RESOLUTIONS b ORDINANCES MOTION was made by Councilman Hints, second by Councilman Johnson to adopt ORDINANCE N0. 70-33, AN ORDINANCE AMENDING CHAPTER VI, SECTION OF THE VILLAGE CODE ADOPTING THE MINNESOTA PLUMBING CODE OF 1969. Motion carried, 5 aye roll call vote. TEES. NO. 70-346 BASS LAKE PARK SITE RE: PROJECT STATUS REPORT RES. N0. 70-347 DRIVEWAY RESTORATION RE: LICENSES APPROVED RES* NO. 70-348 DISBURSEMENTS APPROVED ORDINANCE N0. 70-33 3 1964 PLUMBING CODE 0 Page 7, Regular Council Meeting, August 17, 1970 MOTION was made by Councilman Hintz, second by Coun:.ilman Johnson to ADOPT ORDINANCE 110. 70-34. AN ORDINANCE AMENDING CHAPTER VIII, SECT. 5.20 OF THE VILLAGE CODE. Motion carried 5'aye roll call vote. MISCF11ANEOUS MOTION was made by Mayor Hilde. second by Councilman Johnson dire_ting the Acting Matager to prepare a study and sample ordinance covering alternate ways, of requiring dry pipies to be installed for sanitary sever, water a nd gas for all developments where utilities are not available Within the village and also furnish a study and 9p4ple ord- inance that would allow particular types of development in the village where water and sewer are not available. Motion carried. unanimous vote. Mayor Hilde auked the Council to submit their Goal b Objectives Report to him,by Wednesday. August 19th, Engineer Hagen asked if a joint meeting with the Planning Commission can be,arrang+gid before the Thoroughfare Plan is presented for a public hearing. After discussing ,what items will require revise it was dir- ected that thea Acting Manager have the staff prepare a comprehensive review for the September 14th meeting and include recommendations for the public hearing schedule. ORD. N0. 70-34 AMEND CHAPT. VIII SECTS 5.20 DRAINS RE: ORDINANCE REGARDING UTILITIES Amended 8/24/70 RE: GOAL AND OBJECTIVES REPORT RE: THOROUGHFARE PLAN Engineer Hagen said the Manager asked for the 5 Year Program and RE: 5 YEAR PROGRAM he would like to have this ready in Sept. He vas told it should be ready for the Sept. 14th agenda. Acting *tanager Barnes said the village hall remodelling program is one weep behind schedule. A X25 per day penalty will be applied. MOTION was made by Councilman Hintz, second by Councilman Spaeta to adopt RESOLUTION NO. 70-349. A RESOLUTION TO ASK THE MISSION FARM TO DEDICATE FIVE ACRES OF THEIR PROPERTY FOR FIRE STATION N0. 2 WHICH AREA WAS OUTLINED ON A MAP. Motion carried 5 aye roll call vote. MOTION was made by Councilman Spaeth, second by Councilman Johnson directing the Acting Manager to have an ordinance pr3pared to in- crease the Councilmen's monthly salary fror, $100 to $200 and the Ntayor'9 salary from $15n to $300 effective January 1, 1971, Mayor Hilde felt that an increase from $150 to $250 was sufficient for himself for the remainder of the term. Motion carried as made, unanimous vote, Councilman Spaeth suggested that the Acting Manager have the report concerning juveniles received from Police Chief Hawkinson distributed to citizens. MOTION was made by Mayor Hilde, second by Councilman Johnson directing the Village staff to make every reasonable effort to communicate and relate to the school districts within our juriRdictton all matters of community interest to the village and school districts regarding location of school sites, planning, schedules of utility construction, police and student relations, etc. Motion carried, unanimous vote. RE: VILLAGE HALL REMODELLING RES. N0. 70-349 MISSION FARM PROPERTY DEDICATION RE: COUNCIL SALARY INCREASE Amended 8/24/70 RE: POLICE CHIEF'S JUVENILE REPORT RE: SCHOOL DISTRICT COMMUNICATION 7 ktS,L%, , o off' 0 Page 8; Regular Council Meeting, August 17, 1970 0 i MOTIONI'vas made by Councilman Spaeth, second by Councilman Hintz directing RE: DEDICATION OF the Acting Manager to have the attorney make a study for dedication of WORKHOUSE PROPERTY vorkhogse Property for construction of Vicksburg Line and possible park land dedication along Patkers Lake and obtain all necessary information. Motion tarried, 5 aye vote. r MOTION *as Lade by Councilmar .Hintz, second by Councilman Spaeth to RES. N0. 70-350 adopt RESOLUTION NO, 70-350, A RESOLUTION TO HOLD THE FIRST COUNCIL SEPTEMBER MEETINti MEETING IN,SEPTEMBER ON THE .14TH DUE TO THE SEPTEMBER 7TH HOLIDAY. Motion, c:a•,'v ted, 5 aye roll c -i11 vote. r Mayor Hilde urged the Council to attend a meeting August 20th at 7:30 P.M. RE: MEETING - in the Richfield Village Hall to hear the discussion by the Metro METRO COUNCIL Counnti:. concerning tax disparities regarding sharing of taxes. MO:ION was made by Councilman Spaeth, second by CowicilrAii Hintz to adjourn at 12:05 A.M. Motion carried, unantnous vole. 1 Attest: r 1 i K Al Hilde, Jr., r F