HomeMy WebLinkAboutCity Council Minutes 10-19-1970V
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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
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a run down on the extent of the
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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%
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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.
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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.
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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.
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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.
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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.
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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.
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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,
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Page S. Regular Minutes, 10/19/70
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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
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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
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Page -)6, Regular Minutes, 10/19/70
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one we must do it for others and I do not dee how we can'do it.
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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
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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
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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
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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
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a
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0
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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
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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
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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
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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