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HomeMy WebLinkAboutCity Council Minutes 10-19-1970V 1 1 1 FMTES OF AG1(LAR - COU(CIL WMTINC W11 t'TH, MMSOTA OC'MBF.R 11, 1070 A regular meeting of - the Plymputh Village Co-.mctl was called to order by rhy or Hilde at 7:30 P,!r, on October P, 197n: PUSEW: "a}nor itilde, Coundinen Johnson, Kindseth ant' Spaeth, Vano'ger Crac-9-ford, ..Attorney tef ler and Consultant Engi oer Bnnesticlo. T: Councilman lltntp, out Of Ldlyn on hitginess. Lis Q?ICIN was made by Councilman Jnhnson, secerd by Councilman Spaeth to approve the minutes of October 5, 197n with a correction to he made on rage 5, fith paragraph, next to last ,tine which shni:id read after the words "came to", "a incompletely organized engineering function". otion carried 4 aye vote. Pt*p%L1c Hr RE: 111%.RTFS OF nC.T. 5, 197 Consultant Enpineer. Bonesstroo i a run down on the extent of the 1 RE:. LANE RE: 111%.RTFS OF nC.T. 5, 197 Consultant Enpineer. Bonesstroo gave a run down on the extent of the Dunkirk RE:. LANE Lane resurfacing project. He said tite action tonight would cover the U!Pk(1U11E\T laying of a ]pno mat on the surface of Dunkirk Lane .from 26th Avenue No. to County Card M with a shoulder for a 24' road bed. Estimated cost is sid,L'St1 with 63.4n per fcot t foot assessment for 5.3fl(1 feet. tie recommended that the Assessment be placed on the undeveloped property from County Road P24 to 2fath Avenue thereby deleting any assestsrent to tho "npledell plat, ag they cannot be as::.'eased for surfacing of nunkirk Lane according to a previous resolution. :ete initial base gradir.g was obsessed .to thr developers of `Raple- deli First and Second Mclitions. The purpose of tl-Ae, imptvovement is to pro- vid:l surfacing to connect It with the already Qui fa yqd pomion of Dunkirk. Thr) putlic hearinit opened at 7:41n ev. Gerald One, 14715 31st Atle s Nee of the Creenwatid Baptist Church vanted to know if water and sever Will. he cog --Ing tip Dunkirk Lane within a year or two and what the chances are fear duplicating the road surfacing and expense. Enginear Honestrro said there is no possil0lity cif thin happening. This improvement till be assessed to landowners other than 11'apledell residents adjacent to the i mprrmament . Rev, tla$ maid lie feels "apleede.11 residents will net the moRt benefit. *,Ianaper :a-awford explained the previous assessment made tip the `Milladeell drveloperA. Rev. elan Said they felt the Improvement IF not necars3ary. The road hats.; a hard s;urfacr and there are nes buildings there. N'appr litlue3 said ate t;.-lan Ata hul.1diQW4 are put. up however, they will need an Improved road tmmediArely and you never know when th Ls, will happen. Pewple have asked for the improve mont. Oev. tart ssa ;d tip feels that be nausea' there to nes need far it thew s110111cl not he name•ssed .tad added that the County hag Ptnne; to thanpe County :and i"9'4 at ltigl+way 4'55, wlticll ewitl affect County Road ON nod PunkUk tnne.,and it ohould re delaytid until t1tev proceed with their p1nn. Engineor U nontrnkn z•lid this was preslet,s :td line'lluee a lot 0! r1killov ltsw lagan spent mai.ntatstinp this rood, It is the ,nly ilati-r earth and o0ul.lt street there, there in inerenstod traffic and a %ii;t .reel Jusr taralllew and hocaustp than othor portion lira heen nuri -:cilli. Wo limns nil who%% they County : ill proetiod with their plans, it may rake S yelarsi or mirk% 1 1 Page 2, Regular Meeting, 10/19/70 Mr. Hans T. Hagen, 18035D 30 Ave. N., said he understands there to a pro- posed Thoroughfare Plan that has been adopted, or at least platter( which will affect Dunkirk Lane and County Road X24. It seems that if this plan is acted on it is very likely that that part of Dunkirk which lies north of Mapledell, proceeding north to County Road Ji24, might be vacated. Iii so, he favors delaying this until the Thoroughfare Plan is estOlished and we are sure how it is going to go. It seems premature to add any ex- pense north of Mapledell untii that is final'\end scheduled. At the time we assessed Dunkirk to the developer we did sc in view of the hardship"to the landowners. They did not need an upgraded, toad and we felt it was fair then to charge the developer. This is the saoie )jituation`oThe circumst aces have 'not changed a bit,,, There was a substantial sessment. to be made and, it was worked out with the developer. The people"! c Mapledell will be getting the benefit. $efore a new surface is put or the\_,Thoroughfase Plan should be adopted. Mr. Rober Trittalwitz, referred to Engineer Bonestrmo's statement regarding` a 300# mat and asked if it will be equivalent to the existing street or better. Engineer Bonestroo said by putting in a 3009 base we can very\ readily go to a 9 -ton road, so it can carry heavy traffic. It Will be ,a better road than there is in Mapledell now. It will be a residential road but at a later date we will add to it. We are trying to eliminate the road, maintenance. Mr. Trittelwitz questioned the assepsment rate. Mayor Hilde 1 explained how the $3.40 per front foot rate was arrived at. Mr. Trittelwitz said he noticed that the Council is prepared to an ard a bid later ir, the evening, evidently you must have been moving very quickly. Mayor Hilde said It does not cost anything to fret bids, but the improvement is not cut and dried. We have a paving contractor in the area now with his equipment and he could do the job for $3600 less than anyone else and we like to save village funds. Mr. Trittelwitz asked if it would be done immediately then' and Mayor Hilde said yes. Mr. Trittelwitz said he was not in a position to pay out $1500 with interest at 8% for 15 or 20 years., He concurs with Mr. Hagen's statements regarding benefitted properties. Oar property has been up for sale but the market is lih,ited so they are renting it for about 1500 a year. The taxes are $4500 whir}- makes it difficult to absorb the cost for this. Keep in mind that the Griginal developer put this into the cost of his property and these gravelled roads did not bother me for the past 10 years nor dies the dust bother us, maybe a substitute like seal - coating could be done. Manager Crawford said that a sealco4t surface could be put on but told him why it would nat be feasible to do no. Public hearing closed at 8;05 P.M. Councilman Spaeth said as we go down the Agenda we will he considering the Ponderosa Plat for improvements which will use Dunkirk Lane for an outlet from Highway #101. Traffic will he increased and more dust created. Cou- ncilman Spaeth said a petition was sigund by the homeowners outside of one or two. Councilman Kindseth said he hoped that hlacktopping of this road will not take place before the Ponderosa Plat is started which the Planning Commission has approved., lie added that the north and of Dunkirk shows it Is to be abandoned on the Thoroughfare Plan. Councilman Johnson saia this point, which was brought up, in a valid one to consider. Mayor Hilde said we can talk about eight or ten years before anvthtng in done there. Council- man Johnson said maybe it should he done after. the Pond3resa plat is in. Councilnon Spaeth said it will probably cost about $4,ono more thea. I do not think the big heavy trucks will hurt this road, it will be a o -tan road which will actually htlp them. n N c R a 11 Page 3, Re MOTION was malImprovement. Councilman Joh to drop it nee Bonestroo said two weeks to m discuss it Cur r Meeting, 10/19/70 by Councilman Spaeth to order Project 070-8E, Dunkirk Lane tion died for lack of'a second, on said he,thlaks the road should go in and does not want sarily but would like to take it up further. Engineer f you want it done this year you should not wait more than e a decision. Councilman Kindseth said he wquld like to Fr too. MOTION was made t' ment until the Noy carried, unatilmom Councilman Kindseth to postpone a decision on this improve - tuber 2nd meeting, second by Councilman Johnnon. Motion vote. Manager Crawford said that the public hearing concerning the storm sewer Project 070-2A is deferred for 2 or 3 weeks due to an error in the puhlic notice. A notice will be sent to,all those concerned when a new date 'For the public hearing has been set. f The public hearing opened at 8:15 P.M. concerning an Off Sale Liquor License application received from Wallace H. Cates, 3220 Xenium Lane North for a store at 10722 Hig!hw&y 055. Mr,•. 0. Z. Loegerin,g, 14710C 13th Ave. N., said Mr. Schiebe would spe.,k on the matter.' sir. Harvey Schiebe, 1215 Goldenrod Lane, owner of the Schiebe Shop!.%ing Center, aaid there acre 13 businesses in the center and that .:e h.n-t gone along with the operction of a municipal liquor store and also 1i`trr when it became a private liquor store. He asked what rouncil'1i feelings are if the present liquor license is discontinued and moved aa:ross the street with regard to approving another license in the shopping tenter, as they wish to retain that service. If a license is granted to Mr. Cates and lie moves across the street we immediately wish to apply for one to carry on' the present business in the shopping center. We have nothing against any- one moving out but want to retain a liquor store in our shopping center. Mr. William Sheets, 11311 111shway 055, said he concurs with Mr. Schiebe. Mr. N. G. Culver, 11337 higliwAy 055, said he concurs with Mr. Schiebe and added that the liquor store does bring businese into the shopping center. Mr. Arnold Larson, 11610 Ridgemont Avenue, said he has the same concern as Mr. Schiebe. Mr. Keith Simons, Hopkins, Minnesota, said it is their feeling that there is no objection to a new license across the street but we feel it is economically and commercdally, community -wise desirable to have another liceime at the present location. We request the Council to keep it in mind as a matter before the council tonight nad ask that if the license is approved will Mr. Cates hold two licenses. Attorney Lefler said this man wants to move his store for which me must have A new license and Mr. Cates would abandon his license at the preAert location so there would be none there. 0 RE: PROJ. 970-2A r STORM SteAR r'OX MEA'JOWS AREA; RE: OFF SALE LIQUOR LICENSE - W. H. CATES Mr.. Cates said the only reason I want to move this store t,A bemiso wo feet that we are on the wrong side of the traffic and are mincing part of the business. We have been in the shopping center and have enjoyed the people there but have a business growth potential and we do not have room to ex- pand, so have to move to another Atore. Public hearing tloRed at Rz,25 P,M. i by Councilman Spaeth to order Project 070-8E, Dunkirk Lane tion died for lack of'a second, on said he,thlaks the road should go in and does not want sarily but would like to take it up further. Engineer f you want it done this year you should not wait more than e a decision. Councilman Kindseth said he wquld like to Fr too. MOTION was made t' ment until the Noy carried, unatilmom Councilman Kindseth to postpone a decision on this improve - tuber 2nd meeting, second by Councilman Johnnon. Motion vote. Manager Crawford said that the public hearing concerning the storm sewer Project 070-2A is deferred for 2 or 3 weeks due to an error in the puhlic notice. A notice will be sent to,all those concerned when a new date 'For the public hearing has been set. f The public hearing opened at 8:15 P.M. concerning an Off Sale Liquor License application received from Wallace H. Cates, 3220 Xenium Lane North for a store at 10722 Hig!hw&y 055. Mr,•. 0. Z. Loegerin,g, 14710C 13th Ave. N., said Mr. Schiebe would spe.,k on the matter.' sir. Harvey Schiebe, 1215 Goldenrod Lane, owner of the Schiebe Shop!.%ing Center, aaid there acre 13 businesses in the center and that .:e h.n-t gone along with the operction of a municipal liquor store and also 1i`trr when it became a private liquor store. He asked what rouncil'1i feelings are if the present liquor license is discontinued and moved aa:ross the street with regard to approving another license in the shopping tenter, as they wish to retain that service. If a license is granted to Mr. Cates and lie moves across the street we immediately wish to apply for one to carry on' the present business in the shopping center. We have nothing against any- one moving out but want to retain a liquor store in our shopping center. Mr. William Sheets, 11311 111shway 055, said he concurs with Mr. Schiebe. Mr. N. G. Culver, 11337 higliwAy 055, said he concurs with Mr. Schiebe and added that the liquor store does bring businese into the shopping center. Mr. Arnold Larson, 11610 Ridgemont Avenue, said he has the same concern as Mr. Schiebe. Mr. Keith Simons, Hopkins, Minnesota, said it is their feeling that there is no objection to a new license across the street but we feel it is economically and commercdally, community -wise desirable to have another liceime at the present location. We request the Council to keep it in mind as a matter before the council tonight nad ask that if the license is approved will Mr. Cates hold two licenses. Attorney Lefler said this man wants to move his store for which me must have A new license and Mr. Cates would abandon his license at the preAert location so there would be none there. 0 RE: PROJ. 970-2A r STORM SteAR r'OX MEA'JOWS AREA; RE: OFF SALE LIQUOR LICENSE - W. H. CATES Mr.. Cates said the only reason I want to move this store t,A bemiso wo feet that we are on the wrong side of the traffic and are mincing part of the business. We have been in the shopping center and have enjoyed the people there but have a business growth potential and we do not have room to ex- pand, so have to move to another Atore. Public hearing tloRed at Rz,25 P,M. I II Page 4. Regular Minutes, lei 19/70 councilman Spaeth made a sat:?.on to app;ove the new license at 10722 State Highway 055 with the stipulation that if the 'license is not put into we by June 1; 1971 the Cquncil's',tiall have the option to rescind said license. Councilman Johnson second the motion for discussion. He asked if we are going to allow the operation of another store at the present location. He feels the point made by the businessmen are valid and said he does not;. think we should have them injured by the move. Attorney Lefler said if Council expresses willingness to allow another store to operate there you must pass on the person who is going to apply for the license. He will have to be checked out by the Police Dept. and carefully screened. You cannot go beyond indicating that you would consider another off sale license at the, present location., Mayor Hilda questioned the B-2 and B-3 -zoning of the area across the street. Councilman Kindeeth said the Planning Commission expressed con - earn for ,the traffic which leaves something to be desired. Councilman Johnson asked if the developer will take care of the traffic east of the Country Kitchen turnoff. Attorney Lefler said you are approving the site for the license and under R-3 this requir ls 'a Conditional Use Permit. I see no other way under wh{ch this would fit. Mayor Hilde said, than they, must seek site plan approval and a Conditional Use Permit. Attorney Lefler said you may consider final action on the license when they are approved. Counc,lman Johnson withdrew his second and Councilman Spaeth withdrew his motion. NOTION was made by Councilman Johnoon. second by defer the request for an Off Sale Liquor License time that a request for a Conditional Use Permit is presented for approval at 10722 Highway 055. vote. Councilman Kindseth to RE: by W. H. Cates until such is made and a site plan Motion carried, unanimous LICENSE DEFERRED W. H..-.CA ES Mayor Hilda said we do not have the other matters approved which has to be done before we can give an indication on the question of two licenses in that area. Councilman Spaeth and Kindseth said we will have to, look favor- ably and symphathetically on a license application in the shopping center. Mr. Schiebe asked if this would take effect immediately. mayor Hilda said an application must be received from someone who will jualify. He will be investigated thoroughly. We are hesitant to express too much until we see who it is. Mr. Cates asked if a new license was favored there doesn't the Council try to protect the businesses in the community so they will not hurt each other. Councilman Spaeth said there are three stores across the street from each other in another community. mayor Hilda said when we grant a liq- uor license it is more from the standpoint of controlling the individuals operating the business and the maximum number of businesm in ar; area, rather titan attempting to protect a specific liquor licensee. We feel one,across the street from another may not he too many. Mr. Cates said he is in a place now where he cannot grow so must move and now you will put in a store where I have been, Mayor Hilde said the Council has done just as good a job as could be done. Amended 11/2/70 KID AWARDS Manager Crawford said a decision on the bid award for Project A704E, RE% PROD. 070-8E Dunkirk Lane should be laid over until the Nov. 2. 1970 meeting. Council DUNKIRK LANE BID agreed, E e a o U n Page S. Regular Minutes, 10/19/70 l J MOTION was msde by Counci;man Johnson, second by Councilman, K ndsetfi _ N0.70-437 to adopt RESOLUTION NO. 7(-437, A RESOLUTION AWARDING THE BID FOR PRQJ. #69-198-A ° PROJECT #69-1,8-A, SEWER DTROV DIENT ON WEST MEDICINE LAKE BLVD. AND SEINER, W. MEDICINE 26TH AVENUE AND GOLDIE AVENUE TO THE GIDEO CONSTRUCTION CO. FOR A LAKE, ETC. COST OF $63,933.00. Motion carried 4 aye roll call vote, Engineer,Bonestroo asked if Mr. Francis Carey was present to confirm his cutting in the street and inform us of his progress with his plat. He was not,present. Engineer Bonestroo said it is important that he remove the, trees at his ovn.cost and it is his, responsibility'to open the street. Mayor Hilde said it Should be so noted in the assessment file, that he is to assume the cost for same or be assessed for it. Engineer Bonestroo said the road will be restored next spring. Manager Crawford said two bids were received for the three -wheel sweeper, ones from MacQueen Equipment and: tho other from Hall Equip- ment. The bids were tabulated and compared with the specifications and a report given to the Council. It is recommended that the bid from MacQueen Equipmen , be awarded. Mr. Riley Fynbo of Hall equipment said they were the low bidder and they do not have the type',epectfied to offer but the one they offer is suitable for Plymouth. It has primarily the same equipment which he exrlained in detail, as well as it's advantages for more economical operation costs than the Elgin Pelican Sweeper and offered a demon- stration. Councilman Spaeth said he thinks theit (Jayne Sweeper is up to our specifications and that there is not much difference between the two when you consider the difference between the two bids received. Councilman Kindseth asked for a rundown on the equipment. Manager Crawford reviewed the bid figures, trade-in allowance and equipment to be supplied and that payment for same will cover a two year period. MTION was made by Councilman Johnson, second by Councilman Kindseth to adopt RESOLUTION NO. 70-438, A RESOLUTION TO AWARD THE BID FAIR A NO. 3 ELGIN PELICAN SWEEPER TO MACQUEEN EQUIPMENT, INC., 595 ALDINE STREET, ST. PALL, MINA. AT A COST OF $17,486.0x. Motion carried 4 aye; roll call vote. PETITIONS, REQUESTS & COtDILTNICATIONS MOTION was made by Councilman Kindseth, second by Councilman Johnson to adopt RE:S016UTION NO. 70-439, A RESOLUTION APPROVING THE BOND RELEASE OF $1,000 FOR ALLEN KREhTZ FOR VICKSBURG FOREST ADDITION. Motion carried 4 aye roll call. vote. Manager Crawford said four individuals asked for reconsideration of their assessments at the hearing held Oct. 8, 19711. It was decided that they would he taken up tonight. Mr. Tom Reigen, representing Belmar Builders, requested that they he allowed 3n years to pay their Assessment rather than the three years. Tile assessment is $24,np0 for %inter to the 4 Seasons Villa. Manager Crawforll said residents in this project area were all chnrtsed a unit charge assessment, payable in three ven rs. Councilman Kindaeth said It should he the same for Be.lmnr Builders. Councilman Spaeth said we have finances to cover in three yeArs and if ave make an exception for 0 r 0 RE: BID FOR 3 -WHEEL , SWEEPER RES. NO. 70-438 BID AWARD, 3 -WHEEL SWEEPER RES. NO. 70-439 80Nn RELEASE - ALLEN KREATZ RE: ASSESSMENT REVIEW RE: BELMAR nunnFRS I m o .- Page -)6, Regular Minutes, 10/19/70 Ci 6 one we must do it for others and I do not dee how we can'do it. G MOTION was, -made by Councilman Johnson, second by Councilman Spaeth to reject the',request made by Belmar Builders tl extend the asse,ssmenc:, period for water to the 4 Seasons Villa. Motion carried 4 aye vote. Mayor Hilde read to Mr. Fred Mengelkoch, 10440 County goad 09, a por- tion of previous council minutes Witch recorded his request for the Improvement, Mr. Mengelkoch said he stated his case on October Sth,> and repeats that at the time of the hearing for these improvements the school and Quality Homes was in 'dire need to get sewer through. At the same time there was a discussion on running a stub over to my property line because it was good economics to do it then rather than later. Strictly from an economic standpoint I felt it was good busin- ess to do it. It was not a request on my part. I inquired about the cost for this stub and was told`it was $10 per front foot or $900. I am complataing about that, now I am being charged for the full frontage of my property and the acreage assessment. I realized the unit and acreage assessment would come into play sometime or another, but,it was my definite understanding tra: the front foot assessment would not apply to my property. REr FRED MENGELKOCH Engineer Bonestroo said Mr. Menldlkoch asked to be served and cat,before Council about 2 months after the project was ordered and made the heq"st. At that time we could not give him a figure for the front foot a"-41psment because we had no idea what it would be. We did assess him or: a frrint foot rate at a later time. Mr. Prigaard went over this with the coveittee and believes we are correct with what we did. Counciln.te FIndseth said he recalls that the sewer and water would be taken care of by the school and Quality Homes and Mr. Mengelkoch requested to have the stub put in. Councilman Johnson said he feels he asked for a benefit which we gave him. I do not know if he had any prior discussions. Mr. Mengelkoch said he did not make a request to the Council. I appeared at no meetings other than the one. It was suggested as a good economic move. I made no app- earance before the Council. Councilman Johnson said someone was there. Councilman Kindeeth said I showed him the figures that it was being paid for by the school and Quality Homes. This is a misunderstanding. I re- call Engineer Bonestroo saying a stub could be put in. Engineer Bonestroo said we had a meeting on August 9th and ordered the improvement, bias were received on Sept. 26th and awarded on Sept. 29th in 1969. He had to come back and ask for this, we did not do this on our own. Then he came in and made the request and we changed it by change order. Councilman Kindseth said he didn't think he would he assessed for the whole thing. I thought he would only get assessed for the stub. Mayor Hilde said we proceeded on the change orc:er, it seemed the logical thing to do. I believe the minutes are true. It is not our job to Rive one citizen preferance over another. MOTION was made by Councilman Johnson, second by Mayor Hilde to deny the petition of Mr. Mengelkoch regarding his asseaRment for sewer and water. Motion carried, Mayor Hilde and Councilman Johnson voted aye, Councilman Spaeth abstained, Cuuncilman Kindseth voted naye. MAnagor Crawford gave a summary of the asseanmern. on the property owned by Mrs. Kroskin anal the request myde by Reginald Kroskin for defbrrment of part of the assessment with a longer period in %,40,th to pay the assessment for storm sewer, water and streets on 6.5 acres, which totalled $4f1onno in a k-0 none. RE: REGINAGD KROSKIN c J REr FRED MENGELKOCH Engineer Bonestroo said Mr. Menldlkoch asked to be served and cat,before Council about 2 months after the project was ordered and made the heq"st. At that time we could not give him a figure for the front foot a"-41psment because we had no idea what it would be. We did assess him or: a frrint foot rate at a later time. Mr. Prigaard went over this with the coveittee and believes we are correct with what we did. Counciln.te FIndseth said he recalls that the sewer and water would be taken care of by the school and Quality Homes and Mr. Mengelkoch requested to have the stub put in. Councilman Johnson said he feels he asked for a benefit which we gave him. I do not know if he had any prior discussions. Mr. Mengelkoch said he did not make a request to the Council. I appeared at no meetings other than the one. It was suggested as a good economic move. I made no app- earance before the Council. Councilman Johnson said someone was there. Councilman Kindeeth said I showed him the figures that it was being paid for by the school and Quality Homes. This is a misunderstanding. I re- call Engineer Bonestroo saying a stub could be put in. Engineer Bonestroo said we had a meeting on August 9th and ordered the improvement, bias were received on Sept. 26th and awarded on Sept. 29th in 1969. He had to come back and ask for this, we did not do this on our own. Then he came in and made the request and we changed it by change order. Councilman Kindseth said he didn't think he would he assessed for the whole thing. I thought he would only get assessed for the stub. Mayor Hilde said we proceeded on the change orc:er, it seemed the logical thing to do. I believe the minutes are true. It is not our job to Rive one citizen preferance over another. MOTION was made by Councilman Johnson, second by Mayor Hilde to deny the petition of Mr. Mengelkoch regarding his asseaRment for sewer and water. Motion carried, Mayor Hilde and Councilman Johnson voted aye, Councilman Spaeth abstained, Cuuncilman Kindseth voted naye. MAnagor Crawford gave a summary of the asseanmern. on the property owned by Mrs. Kroskin anal the request myde by Reginald Kroskin for defbrrment of part of the assessment with a longer period in %,40,th to pay the assessment for storm sewer, water and streets on 6.5 acres, which totalled $4f1onno in a k-0 none. RE: REGINAGD KROSKIN c 0 Page 7, Regular *finutes, i0/19!70 Councilnan Johnson said he viewed the property as it is not our intention to hurt a citizen living in a residential open area., This parcel is right In the south portion of an indi%strial area guided auI-1, high density, which Was pointed out on a map by Cosmcilrman Spaeth, Councilman Kindseth felt deferrment on the storm sewer assessment would seem fair. Council agreed that some relief should be given. The neighbors to the west in the residential platted area received an assessment period of twenty years and so did the Parkers Lake residents. MOTION was made by Councilman Kindseth, second by Councilman Johnson to RES. N0. 70-440 adopt RESOLUTION NO, 70-4409 A RESOLUTION TO ASSESS THE KROSKIN PROPERTY ASSESSMENT FOR FOR STORM S17WER OVER A TWENTY YEAR PERIOD; WATER OVER A TWENTY PERIOD KROSKIN PROPERTY AND DEFER THE STREET ASSESSMENT FOR FIVE YEARS AND PAYABLE WITHIN THE TEN YEAR PERIOD THEREAFTER. Motion carried 4 aye roll call vote. Councilman Johnson asked the attorney if we give them the benef,t of the S ,year period and say, 10 years after that someone buys the property will they have to pay it up? He Was told no because it is not platted land but you have not indicated if this is the way you intend to do it should someone buy it. this is an open ended roll. Manager Crawford reviewed a letter received from Rev. John P. Strand of RE: FREE LUTHERAN the Association of Free Lutheran Congregation, 3110 F. Medicine Lake CONGREGATION CHURCH Blvd., regarding their water and sewer assessment and he gave a rundown of their assessment figures covering 17.87 acres on Which the assess- ment charges :^r the lateral installation is being objected to by them. The manager said he met with Rev. Strand and explained to him the form- ula used and told him it is the regular standard form used for churches and schools. Mr. A. B. Harbo, 3110 E. Medicino Lake Blvd., presented another letter from Rev. Strand with a chart of the property Involved. Manager Cravford read the tetter to the Council which repeated their objection to the lateral assessment and he also explained how the assessment was arrived at. Engineer Bonestroo also explained how the policy formula was arrived at for schools which does give them a 67%. credit over a platted area. MOTION oras made by Councilman Kindseth, second by Councilman Spaeth to let the assessments stand as is covering the property owned by the Assoc- iation of Free Lutheran Congregation. 3110 E. Medicine 'Lake Blvd. Motion carried 4 aye vote. tanager Crawford gave an explanntion regarding rtr. George nickinson's R.F.: HOLIDAY appeal with respect to the denial made by the Board of Zoning Adjustment STATION VARIANCE for the Holiday Station's variance request to nllow installaeton of Ewa price signs at 10900 111Qhway 0,55. Ile also read that portion of the Zoninp Code that applied to this request. Mr. Dickinson said thi y would like to install the two price signs in order to he competitive iii the petroleum industry, which Is a common practice of the[r industry. He submitted visual evidence by snnpehats showing that it is being done presently by other stations within two blocks of their location. Council discussed with ?Ir. Dickinson the size of the proposed coigns, similar signs now in uRn at their station on Highway 012. the swinging signs used now and comoval of them if new ones are put up. Tt e status of the other signs posted now at other locations with respect to the ordinance code was nlao diacuaRed. o 0 L Page 8, Regular Minutes,I10/19/70; MOTION was made by Councowan Spaeth, second by Councilman KAndseth directing the manageir t = Ilance"`41th stigate the other stations using price signs to determine ,iheZ the lav ands report to Council. Mr. June -said the Board of Zoning Adjustment did not feel it was a hard- ship on them and if;the,e was to be a change it should by in the code cr nothing. If you a11ow 611, a variance the others should get it too. Motion carried 4 aye vote. Manager Crawford enplaned that Mr. John Wenner, 16425 highway f55,, is appealing the denial of the Board of Zoning Adjustment with respect to a sign painted by the Kaufman Sign Company on the east side of his building where thO ParJ:y Mart Liquor Store is located. The ordinance states that a sign should cover no more than 102 of the wall. The sign company painted it without obtaining a permit from the village, which fact Mr. Wenner was not aware of. He has not paid for the situ. He, was told that if he wished to appeal the Board's decision possibly a time limit for the sign would be considered. Reasons for denial were the same as for the previous petitioner; no hardship, nothing unique about thelbuilding, the 102 sign limit, but there are mitigating cir- cumstances for Mr.. Wenner as he was not aware of the ordinance but the painter was and through no fault of his a permit was not obtained. Even the best signs get shoddy over a ;period of time and if a time limit was set Mr. Wenner will get some benefit from his; investment of 282.00 due the painter. Mayor Hilde said this matter is similar to the Johantgen Country House signs situation. Councilman Johnson said we should set a time limit as we did for Johantgen'c signs. MOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt RESOLUTION i:0. 70-4410 A RESOLUTION ALLOWING, THE SIGN TO REMAIN ON JOHN WENNER'S LIQUOR STORE BLDG., HIGH14AYS 1101 AND #55, UNTIL NOVEMBER 1, 1972,9 AFTER WHICH TIME IT IS TO BE REMOVED. Motion carried 4 aye roll call vote. MOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt RESOLUTION N0. 70-442, A RESOLUTION APPROVING THE SUB- DIVISION WAIVER REQUESTED BY ARTHUR R. HART, 815C VICKSI3URG LANE, LOT 66 FRICK'S GARDEN TRACTS INTO TWO PARCELS. Motion carried 4 aye roll call vote. N1OTION was made by Councilmen Johnson, second by Councilman Kindseth to adopt RESOLUTION'NO. 70-443, A RESOLUTION APPROVING 'THF FINAL SITE PLAN FOR THE LARS ANDElcSON COMPANY APARTMENTS AT 17210 COUNTY ROAD 06 SUBJECT TO APPROVAL OF THE GWING AID DRAINAGE PLAN BY THE VILLAGE LNGINEER, THAT A DETAILED LANDSCAPING PLAN BE SUBMITTED FOR APPROVAL AT A LATER DATE AND PROVISION FOR AN .APPROPRIATE WALh't4AY LOCATION AND SURFACE BE CONSTRUCTED WITHIN nNE YEAR AFTER BUILDING OMPLETION. Notion carried 4 aye roll call vote. Mr. Knudson, reprenenting Gerald Roddy of Sunny Acres Third Addition said in the area surrounding Sunny Acres bituminous curb and gutters have been put in and they wish to do the same in lieu of concrete ones. They also request that newer and water he installed in this, Addition. 9 RE: JOHN WENNER VARIANCE APPEAL RES. N0. 70-441 JO N WENNER SIGN VARIANCE RES. N0t, 70-442 SU'ISION WAIVER ARTHUR R. HAP.T RES. NO. 70-443 SITE PLAN - LARS ANDERSON, CO. RF; SUNNY ACRES T11,10 ADDITION D E a C 0 i Page 9, Regular Minutes, 10/19/70 v Mayor,,,Hilde questioned the assessment for,lt. It will be 252 down with balaneo to be paid in 5 years. Mayor Hilde suggeeted tt.i,t this request be made a part of the records and included on the rrjeet list for con- sideration next year unless the Council wished to 0t'0,,*r a preliminary report at this time. Councilman Spaeth said a prelidanary report should be ordered. ION was made by Councilman Kindseth, second by Coun%':'iltwn Johnson to adok RESOLUTION N0. 70-4449 A USOLUTION AUTHORIZING THE" ANAGER TO ORDWR PRELIMINARY REPORT FOR SEWER AND WATER INSTALLATION IN SUNNY ACRES TKT.p ADDITION AND INCLUDE:.BIWIINOUS BLACKTOP CUR AND GUTTERS. Motion cartp*ed 4 aye roll call vote. Attorney Lefler"said when the preliminary report is received a waiver of the public hearing can be obtained. MOTION was made by Councilman Johnson, second by Councilman KlAdseth to, adopt RESOLUTION NO. 70-445, A RESOI UTION APPROVING CHANGE ORDER 14 N TIMAMOUNT OF $917.00 FOR THE EUVATED WATER TANK CONTRACT WITH PITTSBURGH -DES MOINES STEEL CO. Mot,on carried 4 aye roll call vote.. REPORTS BY OFFICERS, BOARDS b CONI SS 'ONS Mr. Wills Bcynton, representing Sc%ool District #281, said they have been looking for a new junior high k)ch&,)l site to accomodate abott 1200 student%. A building of this .jize requires about 10 acres, the sports activity fields require 18 to 20 acres. so they are looking for 30 acres of land. Students will coma from the district along, 42nd Ave. from Crystal to Plymouth. A site north of the Rockford Road w4is selected dnd he gave a rundown of their p1lins. Their architect p1 'raw sented a prelindnary drawing prepared by Ptanner John Bergly. Thfl site Isis adjacent to the Zachary Elementary School. Councilman Spaeth asked if sewer will have to be served from the jiorth- east Interceptor. Manager Crawford said that was correct, tnasmui%h as the topography flown to the east. Engineer Bonestroo Haid they wjtll be nervtced by one of the legs of the sewer linea on Lancaster Lane and he pointed this out on the village map. He added that the problem int that we do not know what will happen in this area and we do not want to con- demn open areas. We have not decided how we want to go but pointlid out what the possibilities are. We have never had ;!' contour maps to work with before, just 10' ones. Manager Crawford nnid it has been Implied that the only reason for putting in the 4ewer is for the new school. Mr. Boynton said the school will not be .n operation until 1972 and the Planning Commission felt there may be other developments going in there by that time. *tayor Htlde asked what the impact will be on the people for having sewer go through open land. Engineer Bonestrbo said t iere are some people who would be affected but most of it is speculatilre land. a RES. NA. 70-444 PRELItaR Y , RBPORT SUNNY ACRES THIRD Mayer Hilde said he has heard about problems with storm newer.dra$nage in that area and asked how this is being considered. The present elementary school did nol provide for storm sewer drainage avid its' tnereased run off to properties to the north. I have been told that was samething that should have been more closely watched. What consideration fins been given to your new do velopment and what will happen asked Mayor Hilde. 3 RES. N0. 70-445 CHANGE ORDER -' ELEVATED TANK RE: SCHOOL DISTRICT 281 SCHOOL SITE 0 E Page 10, Regular Minutes, 911 Mr. Boyntoa kbid it will onlp affect"Ahe property that they are porckgsi g,. The architect eeid he does not know of, any plans for a ptorw sawr( Itself, The elementory " ichool followed is devel" pment ptogran and the only j.htng we can do is work w'lth the Engineer. ltayo\ Hildei said we appreciate this kind of cooperatton. Ie will all benefit from it. We \ask for your tot 11 coop- eration as you develop your plans, partic0ar.1.y with respect to ut`,lities, Our 2' contour maps can he purchased frcm fur Engineering Dept. S hnetime soon we %Ill develop a storm sewer plan for',t'he whole village and a can coordinate *ith your plan. John Spaeth asked,, if there 1ik:'t a plan for that area n6v. `tanager' rawford displayed Ithe Comprehensivo Plan for Section 12. MOTION was fiiade by Councilman Johnson, secotd by Councilma7i Spaeth to accept the plan of School District 0?81 for their new iunt,`or high `erhool and the 'reco mendatton made by the:, Planning Commission. *lotion co,:rried 3 aye vote, Councilman Kindseth abstained. Mr, Boynton said, we will keep `tanager Crowford informed of our progress. LOTION was made by Councilman Johnson, sgcond by Councilman Kindseth adopt RESOLUTION N0. 70-4461 A R£Sr1LL710N APPROVING THE STOR.*f SEWER IMPROVE`fENT REPORT FOR NATHAN LAME PROJFCT #70-8,9-F AND PLACE SAID REPORT ON FILA. Motion carried 4 aye roll call vote, to RES_,NA 7M( 4_46 STnRM SEVER NZATRX4 LANE Engineer Bgnestroo said the developers of Ponderosa Plat wish to pro- ceed with the trunk sewer through their plat on their own, part of tt has to be lowered and made deeper. W-0 are asking them to put In a bigger piPgk and lower the laterals. We should back up the cost of the increased pipe site and the increased depth and charge them $250 per acre and a unit charge of $100 Fer house. They have never appeared before Council for approval and were going to get lids, so we stopped them. Thede things must he controlled and approved. Councilman. Spaeth asked if an inspector will he on the job and Fnpineer Bohestroo said yes, everything will have to he approved and inspecte_. Councilman Kindweth sato' if they are going to pay for it we will have to give them credit. MOTION was made by Councilman Jqhnson. second by Countflman Spaeth dir- ecting the manager to review thy: plans And specific4Ltions for utilities in Ponderasa Plat and determines the incremental additional cost due to village requirements for extra depth and extra pipe sine And make an accounting of the project that will include charges for engineering services and inspection as well as normal acreage and hookup charges and their credit. Motion carried 4 aye vote.. RE: PONDEROSA PLAT TRUNK SEWER, I The Project Status Report was reviewed. Manager Crawford reported that RE% PROJECT a check will be made on the noise at the water pump motor' Fred Perry REPORT is checking all fire hydranuq and an i.napection tour should be made on the projects on which complaints were received, especially the ditch an County Road 024. Mayor HiAde asked if the Council can be assured that no final payment will bt made on a project unless it As totally approved. Manager Crawford replied yes and explained what. is being done in this regard. Engineer Bonestroo reported that the Noyes con- trant leaks have been resolved and the job should he finished within a week. ITATU S i to RES_,NA 7M( 4_46 STnRM SEVER NZATRX4 LANE Engineer Bgnestroo said the developers of Ponderosa Plat wish to pro- ceed with the trunk sewer through their plat on their own, part of tt has to be lowered and made deeper. W-0 are asking them to put In a bigger piPgk and lower the laterals. We should back up the cost of the increased pipe site and the increased depth and charge them $250 per acre and a unit charge of $100 Fer house. They have never appeared before Council for approval and were going to get lids, so we stopped them. Thede things must he controlled and approved. Councilman. Spaeth asked if an inspector will he on the job and Fnpineer Bohestroo said yes, everything will have to he approved and inspecte_. Councilman Kindweth sato' if they are going to pay for it we will have to give them credit. MOTION was made by Councilman Jqhnson. second by Countflman Spaeth dir- ecting the manager to review thy: plans And specific4Ltions for utilities in Ponderasa Plat and determines the incremental additional cost due to village requirements for extra depth and extra pipe sine And make an accounting of the project that will include charges for engineering services and inspection as well as normal acreage and hookup charges and their credit. Motion carried 4 aye vote.. RE: PONDEROSA PLAT TRUNK SEWER, I The Project Status Report was reviewed. Manager Crawford reported that RE% PROJECT a check will be made on the noise at the water pump motor' Fred Perry REPORT is checking all fire hydranuq and an i.napection tour should be made on the projects on which complaints were received, especially the ditch an County Road 024. Mayor HiAde asked if the Council can be assured that no final payment will bt made on a project unless it As totally approved. Manager Crawford replied yes and explained what. is being done in this regard. Engineer Bonestroo reported that the Noyes con- trant leaks have been resolved and the job should he finished within a week. ITATU S Page 11, ,regular ,Xlnutes, 10/.9/70 Councilman Spaeth`tnquired abut 23rd good shape and nothing mores )u14 be gravel,,in there and it will be,gradeO. away. DISBURSM. NTS Avenue. The manager said it is in done until` next. Sear. There Is Ttt v_ right of way must be squared MOTION was made'by Councilman Kindseth, second by Councilman Johnson to adopt RESOLUTION NO. 70-447, A RESOLUTION APPROVING THE REGULAR PAYROLL FOR THE PERIOD ENDING OCTOBER .15, 1970 .int THE M10121T OF $I • 6209.06 AND CONSTRUCTION AND f iINKING FUND DISBURSEMENT FOR T'dE PERIOD LWING OC'T'OBER 199 1970 IN THE AHOUNT OF $449,365o48.) Motion carried 4 aye -roll call vote. LICENSES b PE7ZATS LOTION was made by Councilman Spaeth, second by Councilman Johnson to approve the Taxi Cab Driver License for Daniel P. Thorstad, 4500 Longfellow Aver. S. Motion carried 4 aye vote. Mr. Jades Hay, 4035 Orleans Lane, said he would like to know what the policy -is no these licenses. As car, get worn out we change the licensor and then are assessed a new fee. We would like tobe able to replace our ey14ipment without paying for a new license. Since my ather passed away we do not know allout these things. Manager Crawford said he will reassess this question and get in touch with Sir. Hay about it. Attorney Lefler said there is an ordinance covering this subject, MISCELLANEOUS , RES. NO. 70-447 DISBURSEMENTS 0 RE: TAXI CAB, DRIVEI LICENSE With regard to the Bass Lake park development program "tanager Crawford RE: BASS LAKE PARK asked Park Director Reuper and Park Commission Chairman Norris to re- DEVELOPMENT view the second plan "B" for development of the Timber Shores site, which they, Marto .lune, Gerry Neils and the Planner worked on. Mr. June said he discussed this site with residents of the area. A site plan was displayed by Mr. Reuper who pointed out the diking area, picnic area and fishing pier, ballfield, hockey rink, island for nature study, trails, bike paths and parking areas. Mr. Norris said he felt this is the hest alternate plan. A discussion ensued concerning the Conservation Depart- ment's opinion for fresh water in the area, the swampy area in the center, reinforcement of the dike, rough grading and seeding the paths by the developer, the fishing dock, shelters, lights and playground equipment to be put in by the village and possibly some trees, as well as the mixup of negotiations and plans and the alternate salvage of saute. Mayor 11ilde said the Council is concerned abs3ut the plat itself; is it acceptable and is it ,dorth the costT Councilman Spaeth said we ordered a plan and a cost estimate so we can decide whether we want to continue with the park or give it back to the developer. We are not sure wo want to go through with it. Attorney Lefler said he met with the French's and their attorney. They ennfirmed in writing that they want either the payment or the property returned and will reimburse the village for same. The valuation up to this point cannot he estimated. The Council must decide what they prefer then a professionAi appraisal can he made. A discussion followed on the e.onomacs of the plan, land value and a pro- posed discussion with the developer. 0 r Pege 12, Regular Hinutes, 10/19/70 M0171ON,was made by Councilman Johnson, second by Mayo*' Hilde to lenta- tiv.Yacceyt Plan B on the basis that it be of reasonable cost And priced,right,.' Councilman Spaeth said he liked the plan, but does not feel he\\pan make a decision on it now. Attorney Lefler suggested that Manager C-awford call the developer and advise him what has been done and let hiH.\,know that we are going along. :Mr. Norrie said this is the best choice of the plans made but falls short of what we originally planned. Councilman Kindseth asked Mr. Norris and Mr. Reuper if they had any idea at :all on what it will cost. Mr. Reuper thought it would be about $60,000 and there followed a discussion on the valuations and cost estimates on the various aspfcts of Timber Shores, wtotion carried, unanimous 1-ote: 1RITION was made by Councilman Spaeth, second by Councilman Johnson dir- ecting the Manager to brinjv,,back recommendations as !o values based on appraisals and/or engineering data coordinated with the owner of the land so we will have a complete plan before us on TluMr Shores. Motion carried, unanimous vote, Councilman Johnson asked what the action will be on holding the money out for these people. Mayor 11t1de seAd we moved along too rap -Idly with Mr. Pritchard and his friends. lie are moving as fast as we can now and what has happenod is not our fault. Attarney Lefler said our payment to them hrs to do with the development of the streets and platting of Timber Shores, which they have done with tht exception of some sodding. We are holding payment of same money for sectirity. Councilman Spaeth said he must go to the committee meeting on the snow- mobile ordinance on Novvamber .St'he fie would like C'ouncil's counts before then. !It is concerned abou; the 11:00 P.i, time limit. ti'e have a lot of open space here and it will curtail night use. Attorney Lefler said a decision should be made with regard to prohibiting them on village streets. Plymouth may not be quite ready for this. Council man Kindseth said if you get involved with streets, what c%treets should be specified. Attorney Lefler said it is a safety factor with regard to the danker of traffic accidents which are severe in urban areas. Manager Crawford said there is concern about equalizing assessments intra-county-wisit.. The State Tax Commissioner has received a recomm- endation that that Metropolitan area assessments be equalized through- out the Counties. We are ur#jed to cake actiin by communication to the State Tax Commis+lion 1%at they he equala'aed the same as Hennepin County. If we Are not using the some there will he n disparity. Councils of other villages are taking actio+ to communicate and are joining in this matter. t!ana,,.ar urawfnrd was asked to prepare n resolution fnr adoptifn at% this RE: SNOWMOBILE ORDINANCE FE: EQUALIZING ASSUSNENTS rkiyor 11ilde mentfon,tti that Oere will, be A neon meeting, Wednesday the RF: VLY`-TnVT11 21st, to give Ilymouth an award fotr the "Most Outstanding Urban revel- AWAPp onmtint in 'lirinotlita" from the Minnesota rcconnmic Development Commission. Councilman Kindseth said somal seriaoiN consideration will. have to he given to the Thoroughfare Plasm regard.ng County Ronda 41 nn -1 111.5 whicli are plastied to he 4 ,lame thavoughfAres. Tt has been hrnught out that MIP's plan for Al is highly tnpractical, due to the swwop and going around curves an a 4 .lane road. Another public henring dnte will ',ave to be t4et for the Thoroughfare Plan. RE: THOROUCH FARE PLAN 0 Fi a Page 11., Regular i4inutes, 1OF19170 ` The joint discussion vita' the Panning Commission will be held on November 9th. Councilnan Kindseth was asked to redo his thoughts on the plivn.., Next Monday's council meeting will be cancelled. Councilman Kindseth RE: MEETING will open and close the m4eti%ng due to the lack of a quorum. The CANCELLED village staff is asked to notify by phone the People lavolved in the Nathan Lane Improvement hearing. Attorney Lefltr advised that papers from the Title Insurance Company have net been V!cei.ved so the hearing can be postponed until November 2, 1470. The Stotw Sewer Project X70 -2A public hearing wth be held Nov. lb, 1970@RE: PROD, #70-2A rSOTION was made by Councilman Johnson, second by Councilman Spaeth to adjourn at 12';05 P.M. Motion carried,, unanimous vote. J Al III Ide, wJr.. , rlayor Attest: 0 Li 1l