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HomeMy WebLinkAboutCity Council Minutes 11-02-1970l U A11N`U?ES OF A RP.GL'LR COUNCIL MEETING PLYMOUT119 M11YESOTA NOVE%TRI: R 2p 197n, A regular meeting of the Plymouth Village Council was called to .p,aer rfy Mayor Hilde at 7:35' P.M. on Noven'rer ?, ln7'i. QC rli PRESE'N'1: Mcvc.r 1>ilde, Councilmen Ja;inson, 11intz, Kindseth and Sp?leth.;' anager Crawford, Attorney Lefler and Conuulting Eng.tneer Olson. ABSEY : None MTILTL'S 0 9 40TIO:1' was made by Councilman Johnson, second by Councilman Mintz to RE: "IN1'TES OF approve the minutes of Oct. 7, 1Q7n as suhmitted. ''otion carried, OCT. 8, 1g7n unanimous vote. OTION was Made by Councilman ST)aeth, se-ond by Councilman Johnson to RE: MIt'L-TFS OF approve the minute of Oct. 19, 1970 with the following, correction: ()CT. 19, 1970 Page 4, 4th pbragraph, the last two sentences should read after the word "maximum", "number of businesses in an area, rather than attempt- ing to protect a specific lic;uoc licensee. We feel one across the street from another mai• not be too manv." *lotion carried, 4 aye vote, Councilman Mintz abstained. PUBLIC HEARING A public tic:arin j opened at 7:50 C'.?t. with respect: to Pro j . #70-8,.2-F RE: PRAJ. 070-8,9-F for improvement of Nathan Lane at Inth Ave. X. to 13th Ave. X, -ingin- \'ATRA.ti' LVE Its'. eer Olson reviou ee the propoaed project report and gave tho.estimated cost for same. Mr. Ray Johnson, 1030A Nathan tar:o, said he; feels that 10th ::ve. ._red 13th Ave. should be improved before Nathan T ane as there circ only 4 families that idil be served. The road will he ruined by heavy tqutp-' trent and the assessments are great enolagh now r:.ith the sewer and wale- installation. tr. A. W. `lyer;a, 1115 Nathan Line, said he oas concerned about tilt rond level. Where se•ipr vfts put in, it way 7' belov his dr.iviway and 1•e has to dri'M tit) a 3' Fx& a to appro.;ch 1t. lie fols an industrial road is prematt,re an wL11 be a hurden on Cher, ;t this tire. AvOr 1111da said rht:s Council agreed to prow iJ with this pro laa only as far as obtaining 1'1vi1t-of-wnvs is concer-ae_d qIcc', clo gome grading, tilacktonutiig will he del.ved bye understand Che read is passable ami YM vii.t ft,r oanstructAon instil the arila AN,; fiv,other developed. It; Ls l,ur iritention not to proce-ed a `_v f -lLther than that at Oli!i titnt' . Carl c+illeyt renresentinp Ilanr ` Coo, sn,d Che %ktroot tq In s,nti.Wfnrtory r.onditicn for their u;;o,, saitt hP halq :he. ,t npkirty 1•eptnning tit the corner of 1°rh Am tuul extondinit northerly n.huut 6t1(1'. tie is to ;nvnr of the rand put Ln as soolt -I pnsr-A) 117. The E'ima fr right for clovelkirmelit no*v4 tto t,!o d 1.1ko N01,1l trier mitt; in, hilt lei ln Oat til.riektnove t ciirh and iuttorR could lie hold oft, for 7wtittle. l Page 2, Regular Meeting;;,, Nov. 2, 1970 Mr. Fred Salmon, 9818 lOtb Ave. N., sold he has the same general,obser- vations as the other residents for the street improvement. There is.no real need for it and they' have no objection to,the road coming -from 13th Ave. to serve Mannix. They were using 11th Ave. prior to getting down to Nathan Lane, now Manntx traffic -,is coming down 10th Ave. and Nathan Lane. They are experiencing more traffic than they had prior to the sewer project. He thinks Mannix is crossing Mr. Myer's private property at 1115 Nathan Lane'without it ever having been deeded to the village. To me the road will be of no value as I go out on 10th and Nathan and blacktopping would be of no use he added. Mayar Hilde asked which way his hoyse faced. Mr. Salmon said it faces south on the NE corner of the intetsection. Mayor Hilde told him there is'a construction easeEnent now whiph the `+annix people are using. They are not crossing private property Ir., violation. Mrs. Oeleres Quiggin, 1020 Nathan Lane, said we have had some inconvenience with the sewer and everything else and'have more traffic. Ashy didn't you leave everything the way it was? 1 Mr, Ray L. Peterson, representing the Chicago and NW Railway, asked Attaftey Lefler if he had a copy of their Ietter sent to him. Mr. Lefler said he did. Mr. reterson felt the l.mprovergent is premature because there is so much to be resolved concerning the railrolid crossing. This has to be taken up be- fore r-,,... Public Snfvlce Commission and will involve considerable railroad property. I do not see how you can go aheaJ withcut considering this, which is outlined in our letter sent- to your Attorney on Oct, ?fwd. We think the action is premature without knowing how far you can go with us. Engineer Olson said loth Ave. shows it turns north to Nathan Lane on the Tho.nughfare :"guide Flan. It will continue to connect with the service road but not he a major t'ioroughfarp. "Invor Hilde said the Area is indus- trial and there will be a study made on how the roads will he laid out. Engineer Olson said the proposed project will he close to the ptetiont grade design. I believe "Ir. "'vers has access to his driveway. Air. Salmon :asked hats the assessment will lie made on his corner property, Engineer hlson said where there are 2 side -i of a typical lot measuring 150' deep, the short side plus half of the long sale would he assessed or the standard village figure of 75 feet would be used. Payor 11ilda told ?trs. Quiggin that this improvement was considered itt re- spanse to same people who asked for the road, one being 11114nnix Co. and the other, Mr. Panandak. Therefore, a public hearing was held to give everyone an opportunity to express themselves so Council can mnke n detisiou. In this case we look at thts aron As industrial. You would benefit by this improvement. ItAll increase your land value. Attorney Left%r advised that the. Council should decide if the project is wanted or any part of .it, then n petition should he submitted first to the Public Service Commisston for a grade crossing of tl)e Chicago Northwestern track, then you will be in 4 better position to proceed from that point. Tile public hnating closed at 8:15 i'.M. 0 I 0 1 Page Meetit'g, Nov. 2', 1'070 Councilmen Johnson and Spaeth felt that the Village should only attempt to got r'.jht-of-vayii, now. eta}nor Hilde said if Council concurs, vie should pro- Geed titan with acquiring right-of-ways and that is all.. Attorney Lefler) said the order of busimess gill be to tackle the crossAng prolk'jem and automatic signals with the.?ubli,e Service Commission who frequently allo- cate the cost for same, then proceed to acquire right-of-ways. ptayor,gilde said the Thoroug!afare Guide Plan will be reviewed next week, which will give strong evidence to they ra'lroad commission as to our need for it, etc. It was asked what would happen after the construction ease meat expires with respect to 4annix Co. 'Attorney Lefler said it expives Dec. 31st and proceedings with the Public Service Commission will not be completed overnight. You must decide something soon. Councilman Kindseth reminded Council that e public'hearing will have to be held to :adopt the Thoroughfare Guide Plan which a ill tell us what \\ thin road will be. Mayor Hilde said we,cannot proceed with any part of,the`',pxoject this evening. Councilman Johnson said the Mannix matter is th;, most critical and matter should be acted on next 0ek. Mayer Ilildu directed that this beta-tn top on Nov. 9th and that the manager proceed to develop the forms and cion,raetg necessary to make application for this crossing, I)ut hold the for::,l ;riplica.tion until that meeting. tanager Crawford said he has the for,rs now, This action applied, also to item RD on the a f,%nda . PE, TIONS RknIESTS b COMUNICATIONS MOTION was made by Counr.ilman Johnson, second by Councilman Minta to RES. We 70-448 adept RFSOLU'rI+)N No. 70-4480 A WOLMON APPROVING THE SUBDIVISION SUBDIVISION WAIVER WAIVER MQUiMlit, dY MIP COVERING .LOTS 1,2, 3 6 4, BLOCK 11 MIMEAPOLIS MIP INDUSTP[AL PAl'R. Motion carried S aye roll call vote* The requa.1t S,y Mr. Tray M. Kascht, 3315 Niagara Lane, for permission Rt: VARtANCE to construe; a detached garage with a lA foot door to accomodate a RAY Ms KASCHT 1 MOTION was made by Counr.ilman Johnson, second by Councilman Minta to RES. We 70-448 adept RFSOLU'rI+)N No. 70-4480 A WOLMON APPROVING THE SUBDIVISION SUBDIVISION WAIVER WAIVER MQUiMlit, dY MIP COVERING .LOTS 1,2, 3 6 4, BLOCK 11 MIMEAPOLIS MIP INDUSTP[AL PAl'R. Motion carried S aye roll call vote* The requa.1t S,y Mr. Tray M. Kascht, 3315 Niagara Lane, for permission Rt: VARtANCE to construe; a detached garage with a lA foot door to accomodate a RAY Ms KASCHT camper anti a vartaAce of 144 sq. ft+* of the maximum 1,Onn sq. ft. Rmit for garage size to allow storage space was taken up. Mayor Hilde said probably the or should he changed. It oppeurs to ae a logical request and seems to be a land use or livinp problem which should probably be referred to the Planning Commission. Council- man Kindseth said het feels that at the same time the Planning Commission could study the pti,14ibility of changing the ordinance concerning 1n it, doors to elimInAte thy: Council having to act on such requests In tthn future. Council ngreud. Manager Crawforkl turas ,asked to submit this petition to the Planning Commission and have them report hack to the Council immedintely. r. J. It. 'fanner, 150.2.5 32nd Ave. N., casl ed Council to clemy the alcove request as it would he ,in their diroct, line of vision and will not blend in with the neighborhood. Ile said, our area iH one that has a great decal nf development sand the use ,of property becomes most Important to use, r'y nei,ghbar, qtr. Doran, feels the same way, R 0 0 r i 1 0 0 Page 4, Regular Meeting, Nov. 2, 1970 0 NOTION was made by Councilman Spaeth, second by Councilman Hintz to refer the request to the Planning Commission. Councilman Ilinti.said the amount of square feet involved should"be resolved,,, We might not want to exceed that. If we decide we'do'not want to then we will not want to act,on the request. Councilman Spaeth said he would not care to exceed the 1,000 sqs ft. maximum. Councilman Hintz withdrew his second and Councilman Spaeth vithdrew his motion. Mayor Hilde lsked what will happen then, there is an increasing number of people, with campers and our ordinance forbids parking of vehicles over., 9,00 lbs. in a residential area. Are they to be stored outside or inside?,` The Planning Commission should be made aware of this problem. 0 T MOTION was Tilde by Councilman Hintz, second by Councilman Johnson to RES NO. 70_ 461 adopt RV.SOLUTION, NO. 70-461, A RESOLUTION TO DENY THE REQUEST MADE BY VARYY%ICE DENIED MRs RAY Me SCHT JOR PERMISSION TO CONSTRUCT A DETACHED GARAGE WITH RAY M. KASCHT A 10 FOOT HIGH D00k.AND A VARIANCE OF 144, SQUARE FEET OF THE 11o000 FOOT PLVD01 SIZE FORS TILE GARAGE. Motion carried 5 aye roll call vote. Manager Crawford reviewed the rezoning request made by Kennet.:.,Schiehe`".E: REZONING REQUEST for property located southwest of the intersection at H1ghway,#l0l and KENNETH SCIIIEBE County Road #6, from R -O to B-4, B-3 and R-4., The Planning Commission recommended denial of this petition. Architect Henry Stenquist, 7100 Willow Lane, explained the site plan and said it has been scaled down from the prior requests. lie reviewed the plan with respect to the acres for commercial and multiple development, a market survey for the commer- cial area, planned buffer zones, objections raised by citizens opposing the potential traffic at this intersection, their understanding,that there are plans to widen the highway to 4 lane thoroughfares within the next few years due to increased traffic since 1962, the utilities are in. mileage report utth figures of the primary and secondary trade Areas, the projected yearly dollar income and willingness to work out any problems which Council may call to their attenti,an before proceeding to get build ing permits approved anti issued. The pans were displayed and various aspects of same pointed out. Mr. Ralph Goodwin, 1430 Rainier Lane, said that he and many other residents still hold to th6ir arguments in the past; and wish the Area to remain pri- marily residential. Where 36 homes would be accomodated in the area their plans show a 311A home density. Ile questioned several parts of the plan and asked that Council reaffirm their decision on flan A as the most efficient use of this corner. Councilman Spaeth felt there would be too much de}atty and that they have not given the citizens the buffer zone they should have, heavy traffic will be created, car lights at night and horns. Also, some of the denRi;:y should be cut dauni. Councilman Johnson said lie would like to see some Areas.nitered. They have come n long way from the time it started. It to different from plan A and we are beginning to sce what the land can he used for. There are sev- eral questions that requ.i.re investigation before wo can act. (1) The use of the 5 to h acros of land next to the lake, what will.luappen to it? We have seen n willingness to n reali?nment of the apartmantd: We should discuss whethnr or not we want one this large. Is this a now aerial survey: The otke last year wau quite large, 76,onn sq. ft. Ys it the same one? There are things we need to Jincusn Anti look tits 1W Page S. Regular Meeting, Nov. 2, 1970 Councilman Hintz said he is concerned about the property around the lake and access to it. 1t appears landlocked. 'qtr. Stenquist said it is diffi- cult to plan fora piece'of property you do not own. I do not ,know what the village's plan is. There is nothing that would preclude access to this, development could be set up through there, perhaps zoning, like the zoning we are asking for here. This is beyond our scope of proposal at this time. We are wilXing to work with you to resolve something. Planner Bergly was asked about the traffic situation. He said there was concern for it going through the areas w1vich he pointed out on the map of Plan C., He gave his opinion on the high lerd, hydiants, utility problems, elevations of &,--sewer and streets, i~ability to supply sewer to some homes, drain fields going :o the pond, difficulty to take on the additional acreage and assume the same density there is now and what the density will be and the property use. Mayor Hilde said the PlAnning Commission was con- cerned about the land around the pond. Ile asked if it is.true that the land might not be developed due to the unavailability of the sewer? Eng- ineer OlEon said yes, this would have to be served by lines coming from the 6th and Queensland area, which is loan and marshy. SoftKx of it has not been developed where the sewer would have to go i±,t. There could be about 3 or 4 lot&, for which it may not be feasible to install sewer. Councilman Hintz said we should not be concerned about that land. The developer has the right to develop his land. Mayor Hilde said if that land is not developable then we should not take the time to be concerned with the roads and traffic. Councilman Johnson asked about the townhouses. Planner Bergly said possibly a lift station could be provided. Mayor llilde said with respect to the 4 lane highway statement. the State and County said they have no such plan in mind. The State said they would like to give the highway to the County, so you have a possibility of two county roads and they have only 2 lanes in mind, not 4. Ile asked what the developer had in mind for the parcel right on the corner. Mr.,Sten- quint said that it is owned by the County to store salt, sand and trucks. They told them that it would be a green area if they develop beyond it. Mayor Hilde said, unless you make a definite alignment we do not have the ability to make a definite legal decision. Engineer Olson was asked if the sewers were big enough and he said it appears that they are. Mayor Hilde made the following recommendations and asked that a decision be deferred until this information is developed and following changes made: (1) Develop an entiri road plan for this parcel, taking into coir sideration coordination wi,,h adjacent areas. (2) Give more thought to coordination of the land to the wast and consider Councilman Spaeth's remarks for the east and west road which t:,utts single families to the south. (3) Traffic studies should be provided again by the developer rind when this traffic information is given, consider that th+s road may never be 4 lanes.,, In that case %:.at kind of road will it be for handling traffic. The manager's comments are also to be given to the Council. 4) The density appears to be more on this plait than the play, presented a year ago, consider it lower denRtty than you have presented now. (J) Even in the more Liberal plan C there are single families on the south- west, work with ti.. Manager, Planner and Engineer. If you agkee with this we could entertain a motion. 0 A C ) v Page 6, Regular Meeting, Nov. 29"'1970 MOTION was made by Councilman Spaeth, second by Councilman Johnson to defer the rezoning request made by Kenneth Schiebe subject to meteting the five conditions eget forth. Motion carried, unanimous vote. Mayor tilde said that in view of the Planning Commission's feelings I would like to see it go back to them to see if these five conditions are met. Council agreed. Mr. Doherty, representing Mr. Schiebe, asked if there vas a possibility to have a joint meeting to save time. Mayor Hilde aaid,he preferred that they follow the regular course of action, too many people dill get involved. Mr. Doherty asked if a petition had to be resuh6d tted., Mayor Hilde said, we understand your circumstances and we appreciate your frustration. Prior to this meeting, I suggest you meet with the people and tell them what you'have come up with as far as changes made, etc, and iron out your difficulties. Then go to the Planting Commission, then to as. Then you will get a good intimate exchange. Yo.vi can best further your request in the way we have outlined it. MOTION was made by Councilman Spaeth, second Sy Councilman Hintz to adopt ORD, NO. 70-39 ORDINANCE NO. 70-39, AN'ORDIM'CE APPROVING THE REQUEST MADE BY JOHN RAZONING F. BOYER AND DALE: R. KENNEDY TO REZONE TO R-2 TRACTS C & H OF REGIS- BOYER b; KENNEDY TERED)LAND SURVEY hlOe 743. Motion carried S aye roll call vote. NOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt ORDINANCE N0. 70-409 AN ORDItii NCE APPROVING TIM REQUEST BY THE VILLAGE OF PLWIOUTH TO REZONE AIND CLASSIFY AS R-1 ALL OF THE LOTS WITHIN THE SEVEN PONDS ADDITION. Motion carried 4 aye roll. call vote. Planner Bergly reviewed the Conditional Use Permit requested by Mr. Wallace H. Cates for a liquor store and grocery store in a A-3 zone. The Planning Commission recommended that the Planner and Attorney draft an ordinance stipulating that the S acre minimum be reduced or waived. They recommended this be approved by a waiver so the builder can pro- ceed as planned. Mayer Hilde asked if it was felt it would come up so often that it was feasible to have the ordinance changed. Planner Bergly felt it is better to have it to work with and the Planning Commission formally asked for this. Councilman Johnson said, I started out thinking it mould only be a liquor store. Now there'is a store and barber shop too. Is it the intent to start a shopping center across from the other one? If so, I would like it so stated. I am asking for clarification. Mr. Cates said there will he 3 or 4 stores. I do not have my plans with me. Counctlman Johnson said there is more involved here now than just a liquor store. The B-3 ordinance was read by Mayar 11ilde. Planner Hergly said the B-2 zoning re- quires S acres or more and Mr. Cates% property is less than oi:e acre with 22 or 25 parking spaces as Mr. Cates stated. Mayor 11t1de said we have never rezoned anything without a site plan. Councilman Johnson said he thought it should be looked at and find out what the intent is can the other side of the road. More needs to he told to get a whole view of this thing. It needs more consideration. I am asking for the complete layout of what they are talking about. If it has been approved, then I would like to see something about the atte plan and total development of the area. tie :nave only been told about the liquor store. ORD. N0, 70-411 REzMoNRT F, SEVEN PONDS RE: COND. USE PEn1IT9 W. H. CATES U 1 MOTION was made by Councilman Spaeth, second Sy Councilman Hintz to adopt ORD, NO. 70-39 ORDINANCE NO. 70-39, AN'ORDIM'CE APPROVING THE REQUEST MADE BY JOHN RAZONING F. BOYER AND DALE: R. KENNEDY TO REZONE TO R-2 TRACTS C & H OF REGIS- BOYER b; KENNEDY TERED)LAND SURVEY hlOe 743. Motion carried S aye roll call vote. NOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt ORDINANCE N0. 70-409 AN ORDItii NCE APPROVING TIM REQUEST BY THE VILLAGE OF PLWIOUTH TO REZONE AIND CLASSIFY AS R-1 ALL OF THE LOTS WITHIN THE SEVEN PONDS ADDITION. Motion carried 4 aye roll. call vote. Planner Bergly reviewed the Conditional Use Permit requested by Mr. Wallace H. Cates for a liquor store and grocery store in a A-3 zone. The Planning Commission recommended that the Planner and Attorney draft an ordinance stipulating that the S acre minimum be reduced or waived. They recommended this be approved by a waiver so the builder can pro- ceed as planned. Mayer Hilde asked if it was felt it would come up so often that it was feasible to have the ordinance changed. Planner Bergly felt it is better to have it to work with and the Planning Commission formally asked for this. Councilman Johnson said, I started out thinking it mould only be a liquor store. Now there'is a store and barber shop too. Is it the intent to start a shopping center across from the other one? If so, I would like it so stated. I am asking for clarification. Mr. Cates said there will he 3 or 4 stores. I do not have my plans with me. Counctlman Johnson said there is more involved here now than just a liquor store. The B-3 ordinance was read by Mayar 11ilde. Planner Hergly said the B-2 zoning re- quires S acres or more and Mr. Cates% property is less than oi:e acre with 22 or 25 parking spaces as Mr. Cates stated. Mayor 11t1de said we have never rezoned anything without a site plan. Councilman Johnson said he thought it should be looked at and find out what the intent is can the other side of the road. More needs to he told to get a whole view of this thing. It needs more consideration. I am asking for the complete layout of what they are talking about. If it has been approved, then I would like to see something about the atte plan and total development of the area. tie :nave only been told about the liquor store. ORD. N0, 70-411 REzMoNRT F, SEVEN PONDS RE: COND. USE PEn1IT9 W. H. CATES U Page 7, Regul" Meeting, Nov. 2, 1970 Manager Crawford said the Planning Commission is saying go ahead and pro- vide the "use' for a liquor store and grocery store in a B-3 zone and go ahead and get the ordinance changed. A Conditional Use Peirmit is re- quired foi a liquor store and grocery store in a B-3 zone,= but the Plann Ing Commission raised the point on changing the conditions under B-2 for a small retail center. Mayor Hilde said the,Council may wish to approve a Conditional Use Permit for a liquor store in this spot but it could develop that they may not approve the rezoning for B-2 far more stores than we originally took action. Mayor Hilde r ad the b-2 ordinance and said. I do not see hcw this can be, read and only request the 5 acre requirement. Planning Cnnmissioner June said we wantedkto allow the small type center. Mayor"1111de said the only thing we can do is consider the Gonditional'Use Permit for a liquor store. There has to be,a formal request for rezoning. I'suggest, however. it may1 not be apparent oto rezone it to B-2 for a small shopping center. Council- man Kindsetb said there has to be unified control ',For more than 5 acres or acid a Permitted Use to R-3 for the site plan approval. Planner Bergly asked if the staff could be.asked to cork with the petitioner on this. Councii.nan Johnson said 5e cannot see why we should act on this when there is a bigger PI.tter on hand. There are a lot of other things to be re- solved. I would rather see it as a package. Councilman Spaeth agreed. iI f] MOTION was made by Councilman Johnson, second by Councilman Hintz to defer the Conditional i'.9e Permit request until the rezoning request, site plan, conditional usc fur all of the uses are received and have the manager sub- mit a revamped H-3 ordinance with respect to Permitted Uses. notion carried 5 aye vote. MOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt RESOLUTION NA. 70-449, A RESOLUTION APPROVING THE SITE. PLAN FOR T, In RELATED WAREHOUSE TYPE BUILDINGS IN THE CIRCLE STAR BUSINESS CEN''TER BETWEEN 21ST AND 23RD AVENUES NORTH SUBJECT TO: 1. Approvnl of the site drainage and utility plans by the Village Engineer and the granting of easements as required or found necessary. 2. Approval of the waiver of the subdivision regulations for the division as proposed. 3. Approval of the revised landscaping plans to increase planting and perming, on the south end of the buildings and truck loading area and restudy the planting plan between the building and parking lots with the ABsiRtance of the Villape Planner. Mation carried 5 aye roll call vote. LOTION was made by Councilman Johnson, second by Councilman Kindseth to Adopt RESOLUTION NO. 70-462, A RESOLUTION APPROVING THE Si 111- ISIdN !WAIVER RE,QIIE;STED BY THE CTRCLE STAR B11STNEdSS CEN7ER COVERING LOTS 516,!1,9 AND I,AS1CliR1.Y 11.25 FEET OF LOTS 4 4 1n, ALL IN BLOCK 21 CIRCLE STAR BUSINESS CENTER FIRST ADDITION, wtotton carried 5 aye roll call vote. We NO. 70-449 SITE FLAN, CIRCLE STAR BUSINESS CTR. 0 RES. NQ. 70-462 SUBDIVISION WAIVER CIRCLE STAR H11S. CTR. o iI f] MOTION was made by Councilman Johnson, second by Councilman Hintz to defer the Conditional i'.9e Permit request until the rezoning request, site plan, conditional usc fur all of the uses are received and have the manager sub- mit a revamped H-3 ordinance with respect to Permitted Uses. notion carried 5 aye vote. MOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt RESOLUTION NA. 70-449, A RESOLUTION APPROVING THE SITE. PLAN FOR T, In RELATED WAREHOUSE TYPE BUILDINGS IN THE CIRCLE STAR BUSINESS CEN''TER BETWEEN 21ST AND 23RD AVENUES NORTH SUBJECT TO: 1. Approvnl of the site drainage and utility plans by the Village Engineer and the granting of easements as required or found necessary. 2. Approval of the waiver of the subdivision regulations for the division as proposed. 3. Approval of the revised landscaping plans to increase planting and perming, on the south end of the buildings and truck loading area and restudy the planting plan between the building and parking lots with the ABsiRtance of the Villape Planner. Mation carried 5 aye roll call vote. LOTION was made by Councilman Johnson, second by Councilman Kindseth to Adopt RESOLUTION NO. 70-462, A RESOLUTION APPROVING THE Si 111- ISIdN !WAIVER RE,QIIE;STED BY THE CTRCLE STAR B11STNEdSS CEN7ER COVERING LOTS 516,!1,9 AND I,AS1CliR1.Y 11.25 FEET OF LOTS 4 4 1n, ALL IN BLOCK 21 CIRCLE STAR BUSINESS CENTER FIRST ADDITION, wtotton carried 5 aye roll call vote. We NO. 70-449 SITE FLAN, CIRCLE STAR BUSINESS CTR. 0 RES. NQ. 70-462 SUBDIVISION WAIVER CIRCLE STAR H11S. CTR. Page 8, Regular Meeting; Nova 2, 1970 The height vAktance request received from the Preferred -Northern Co. , for a 3 story office building to be located .north of Highway #53 and west of Gaylord Ave. will be referred to the Board of Zoning Adjustment. LOTION was made by Councilman Johnson, second by Councilman Spaeth to adopt RESOLUTION NO. 70-4509 A RESOLUT10N,,APPROV?*,, THE BOND RELEASE M_R; PLAYHOUSE CO.) IN THE A, RUNT OF $ 38, 910.00 LEAVING A BLANCE OF 14,130.00. Motion carried 5 aye roll call vote. NOTION was made by Councilman Johnson, second by Councilman Spaeth to adopt RESOLUTION N0. 70-4519 A RESOLUTION APPROVING THE BUND RELEASE IN TW AMOUNT OF $10000 FOR ECKLUND 5 SWEDL`.4 BIRCHWOOD ESTATES ADDITION. Motion carri^.d 5 aye roll call vote. I RE: HEIGHT VARIANCE, 0 RES. NO. 71450 BOND RET RF' PLAYHOUSE CO. w-109 0- BON`J RELFASE ECKL Wl) b SN Due to the necessity of receiving further information concerning the QE: ASSFSWENT(', deferrment of the sewer and dater assessment for lira. Adolph Olson's DF.FF.RR?I= property this item will be taken up at the next cotmcil meeting, MRS. A. OLSON 40TION was made by Councilman Hintz, second by Councilman Kindseth to adopt RESOLUTION NO, 70-463, A RESOLUTION APPROVING THE ERECTION OF TllR,..E STOP SIGNS AT THE NEIL WISTRONG HIGH SCHOni. EXITS ONTO 36TTI AVE. N0, AND EAST "rEDICINTF LAKE BLVD, '`lotion carried 5 aye roll call vote. Mr. Hannon, 3JO0 Jonquil Lane, said the residents who signed a petit- ion for sewer on Jonquil Lane did so because sewer is,now being ex- tended to the school. Engineer Olson said it would have.. to be extended westerly .from the crest leg of the Northeast Intercento,r, J NO.._ SIGNS RE: SE14ER PETITION F MTION was made by Councilman Spaeth, second by Councilman ll,iiitz to !`.FS. NCS.7n-46 adopt R S0LI'T1t ` N3, 19r-464, A RRSOLUTION' nrDrRINr THr. Tn PRELI`rT\4RY REPORT NAVC PREPARED A PRELTt IINARY REPORT COVERING A SEW It EX"rENSION TO SEINTER ON JONQUIL L JONQUIL LANE AT 32ND AND '1RD AVENVE`. `lotion carried 5 nve roll call vote. The ? requests received for street lighting at Highwnr .410.1, and ihinkirk RE; STPrFT LTr,1iTTNG Lane and Ranchview Lang at 9th Ave. were taken up. !tanager Cratoford sold he has asked for a village coviprehensive plan with cocFts for street lights from the Northern States Pmmr Co. Ile feels that mid -block lights should be assessed to the reRidentR but intersection lights should be paid for by the village. Attorney Lefler advised that lights to he assessed to the: residents require a public hearing. Ate;vor !tilde said there are threes requests now and ve are Retting more requgRts rig)t along., MOTION was made by Councilman llintz, second by Councilman Johnsen to RES. NO, 7n -46i adopt RESOLI.'TION NO. 7n -46s. A RESOLI'TION DIRECTING nw. "'ANGER Tn PRELIMINARY RFS ORT ORDER A Pick111INARY 11113PORT FROM, NORT11FRN STATES POWER FnRi STREET STREET LINTS L,TGIITS 111TH ALWRNATES INCLIWNG POLF DES ICN . Motion cat ttted .5 nye roll call. vote. The @Iannger was asked to respond to they three who made requests for Ntreet lights. r Page 9, Regular '.'feet -Ing, Nov. 2, .1970 The request from Bel ',Iar Rui-1darn, Inc.. tb upgrade and -pave Fernhrook RE: UPGWIf:C 4P; Lane to Highway x'55 was supported by *1r. Yontgomev y. 7841 Wayzata FEkNBROOK LANE Blvd.,"who said,he was in favor of the improvement. MOTION was made by Councilman Johnson, second toy Councilman Hintz to RES. N0. 70-466 adopt RESOLUTION NO. 70-466, A RESOLUTION DIRECTING TIRE MMGill TO PREIIMINARY REPORT HAVE A PRELIMINARY REPORT ORDERED COVERIP C TFE L?CPR"111G AND PAVING OF FERNBROOK LANE FROM HARBOR LANE TO HIGHWAI 455. *cation carried 5 aye roll call vote. A petition was received from residents'on Magnolia Lane requesting RE: WATER ON water on Magnolia Lane from 24th to 26th Ave. Engineer Olson reminded '.KA,GNOj,,1A LANE Council that it was considered with the Northeast Interceptor to ex- tend it to Yenium and Creekwond Heights which rout6 he pointed out on the village map. Mayar 1111de said ,hjs aprears to he one additional Increment need of a particular area Mr. A. A. B1oms. 2510 Magnolia Lane, said the other additions have newer homes, our's is an area with much older homes and wells are going out. some have bad water and one has no water at al.l. It is a shame that the whole area has to wait for the never home area. Why do we have to wait!.? Mayor Hilde said when ve have a public hearing you will .find out, We have not intended to withhold anything from you. Mr. James Reiter, 2525 N. Magnolia Lane, asked what can be done to hoZEv get this improvement going? All the homes are older. Mayor Hide asked Engineer Olson if water is going in near there and he said V, -s. There have been numerous inquiries for water during the past 2 erinths. If we are going to proceed maybe this can be coordinated with another projec..,. Councilman !lints said there is a drastic need for dater. We should hgvo a study made of tha area east of Creekwood Heights. 4.)TIAN was mode by Auncilmnn Johnson, second by Councilman Hinta to adopt RESOI.L'Tlnh V,O. 70-467, A RESOLUTION DIRECTING T11F MANAGER TO HAVE A PREI.VINAR1' RSPART MADE FAR WATER I`iPROVP,, l T IN THE CREEt'l 0 HEIGHT$ FIRST AND SECOND ADDITIONS, INCLUDING MAGN011A LANE EASTERLY Til WEST Pq`41)ICI\1: 1.AKV ARIVE, ?btion carried 5 aye roll call vote. K)TION was made bte Councilman itinte, second by Councilm%n Johnson to adopt RESOLUTTON M). 70 -*464, A 1RESOLUTI4 nTRFCTING 1711E *tANAcrr TO ILVI: A PI:CLI"INARY PEPORT PRUPARi;') FOR WATER ON 7TH PVF, FR(Vt VICKSUVRC I A4, r TO RAK111";1 4 EANI'. 'lotion carried s aye roll call vote, Councilman Kindseth said he wished to announce his initeat with regard the expiration of his tenure as Councilman and the reasu"Ring, council sent vacancy at the encs of this }year. Ile said he does tint intend to run as a candidate due to his additional work load and the matter of cogrepbv. Three long yoars is more than lip can plan art, at this point. Ile has :enjoyed working as Councilinan very much mnd was p1wael to have contributed what lie could to .he village and is sorry Ice cannot continut. ;Iayor llild,%, told him that since you a(tre appci:tnted you Ihavii nerved us ath ly %-4th neod btl Judgments and approvements . RES. NO, 70-467 PRELIMINARY REPORT MAGNOLIA 1 A'.'r t'ATER Rr.S . 7n-460 7RrTI'"I:'Av1y "r1 OP1' 7TH A1117, 1111A ThR RE: MNOTINCEMENT COO NCILMA,N KIN1;SETH y Page 1), Regular `+eettng, Nov. 2, IM Mayor Hilde remarked about the embarrassing and absolutely false nears `RT: TMTLS. STAI:, item and picture which appeared in one of ";t weeks' issues of the. NEWS STEW ' 11pls. Star referring to a pltuatior on 28th 'and FernSrook tune. tie termer: the ratter as an in;-ustice to our hardowking village staff and a reporter's sensationalism. A discussion follmyed on, this S\ subject by the Council and Wllage Attorney. i BID AWARD tanager Crawford reported that a discussion was held on October 196 ARE: PRGJ. P70 -8E' on the proposed improvement- of Dunkitk Lane which wes held over for. bUNKIRK, LA4 IMP. a study on County Road P24 and Highway #55 on the, Thoroughfare C.uidi! Plan. However, the nctober 26th meeting was cancelled t7hen this sthudy 11r was to take place. Councilman Hintz asked Engineer Olson how' soon fie, required bn answer for construction this fall. He repliedi Nov. 17th. I le added that 2 things should be considered, the estimate of $18,001) and low bid of $14,100 which means it will never be done cheaper. This project is different than other streets because the base is down anti in place. It. will not have. to be torn up. If the work had to close down until spring no risk would be involved and they will he no worse off than before the work starred. MATIMN was made by Councilman Hintz, second by Councilman Spaeth to adopt a resolution awarding the bid for Project 87n -8E. Dunkirk Lane Improvement to C. S. McCrossan, Inc. for $I4.554.no. Councilman Sp4teth said we are saving the people $4,Pnn. next year 3t a-111 cost $6,M or 1,400 eot.e. Mayor Hilde said there are people who do not want it. Councilman Johnson, said he is uncomfortable about having the people with open land paylnR for it. We should resolve the total lavoot concerning County Road #24. There maybe a different layout and we do not know what it gill he,. Councilman Hintz said what will happen may take 3. 5 or In years. Councilman Johnson said I can see a need is there. If the road do13s not Io in this fall they can get along until spring. Attorney Lefler said the motion to award the contract was made but first you should, order the pr)ject then awat'd a contract. Councilman Spaeth withdrew his second and Councilman Hintz withdrew the motion. MOTION was made by Councilman Hintz to order Project #}70-8E, Dunkirk Une Improvement. 'lotion died for lack of a second. 40TION was made by Councilman Johnson, second by Counc;'*Imait Kindseth :o postpone action on this project until the Thoroughfare Guide Plan has been studied for thio area. "otion carried 4 aye vote, Councilman cpoeth toted naye. tnyor Hilde udvined the citirens that the study will take place on Monday. Nm. 9th. Councilman kindueth suggested that with respect to County Roads i#61 a d #15 of the Thoroughfare Guide plan it might lie mall to have the Planner and Ekginoer of *Minnetonka Village present. %Iingtger Crawford preferred to vat',, until the Council and Planning CommisRlon have discussed its Councilman Ftodseth said the 0tinty feel,g thnt `111"s plan for County Road 1161 premature tit this time. Mayor Ailde said betweeli now and Monday the staff aMltuld discuss and coordinate the alignmentq with addendurio for the menti o. Counc;i lman Kindseth has notes for dllgtrAbution. tt jarred him that tho e. rcular repute p,lon of 41P for ilntanty Rcsaml 1161 is planned. ni a 4 .lane 0.orouglh,'.are. Page 11, Re6ular Meeting, NAV,, 2, 1,07 f, REPO B BY'31MCER5 ` BOARDS & COMM13SIONS 1, lana or Crawford reviewed his report concerning approval of thesign RE: HOLIDAY =AT131` varl nce requested by Mr. George Dickinson for the ffolida Service SICN 'L'ARIANCL v Statl)n and the existing signs by other stations in violation of the s,tgn ordinance, NOTION was made by Councilman Hintz., second by Councilman Johnson: to deny the sign variance request made by Geot,ge Dickinsin for the Holidal Service Station. ?'otion carried, unanimous vote. CouncilmZ:n Hintz said he concurs with the `tanager's recommendation that the Village' give the 4 outlying places of brsir+es.1 h months to correct their violat;on of our oriinance. `fayor Hilde said we have not had time to survey, the entire village. Re made a motion, second by Council- man Johnson that.such a survey should he made and give all those',stations in violation of'our sign ordinance a notice to this effect. Conailman Kindseth said maybe this is only true in Plymouth. %1ayor Hilde send possibly after the survey is made we can make the ordinance reasonst:le. Council agreed to direct the manager to proceed with the survey and 're- port his findings to the Corncil,, Iotior, carried, unanimous vote. MOTION was made by Cgincilman Hintz, second by Councilman Kindsech to RE: BRJ1`E JOhNSON accept the report concerning Bruce Johnson, Motion carried, unanimous vote, 10TION vss made by `layor (tilde, second by roiincilman Johnsnn to adopt RES. NO. 70-452 R£SOLVIION :10. 7n-452, A RESOLUTION 1JlII6 WILL IN EFFECT REINSTATE RSTATE4. FNT OF BRUCE JOHNSON TO HIS P1 EVIOUS POSITION ON THE PLY"IOVTh POLICE FORCE BRUCE JOHNSON WITH BACKPAY FRi11.1 THE t ATE OF HIS SUSPENSION, 1`Nayor Pilde voted naye, Councilmen Johnsat, 11intz, Kindseth and Spaeth, voted nage, motion failed. Councilman Kindseth saie he will give his report to Council on Nov. 23rd RE: RFPOWr ON concerning the annual meeting he,; d Oct. 23th regarding the :North Rural Xne HENN, W :!(.FARE Hennepin (Welfare Department, Engineer Jim Olson Rave a complete review of the October 20th Project Status Report, NOTION was made by Councilman Hintz,, second I,ky Councilman Johnson to adopt RESOLUTION NO, 7O-453, A RES01.17L ION APPROVING TINE FINAL PAY%1tENT FOR THE SUNNY ACRES ShWER 1ND 14ATFR TNPROWNENf. 'cotton carried 5 aye roll call vote. RESOLUTIONS AND ORPTNANCF'.S NOTION was made by Councilman Johnson, second by Councilman Spaeth 'c) adopt RESOLUTION NO, 7n-454, A REsnLUTnN APPROVING THE r1XXTION JVT)G , LIST' FOR 'l E CENEIL1L RLECT WN OF NrV. 3, l q 7 n, "ot inn carried 5 aye roll call vote. Rr : PROJECT I%TATUS REPORT RES. tNO, 70-.103 FINZ. P AF%, FF SITNNY ACRtS i t'TILITTES RFS. NO. 7O -A4 ELECTION J.VDt:ES MOTION was made by Councilman (Mats, second by Covinci lmrnn Johnson to RKS. NO, 70. 55 adopt RE.S01,11TION ;'q, 70-455, A RNSOLI'TION AVT?111\1i:'i\G THI' PARTICI- Pn1,TCF,-S(,%Hn 1 PATTON OF THE VILLAGE OV' PLYMOUT11 TO rNCACi: TN A POL'XE-SC11001, I,IA.ISON I,TAISONi PROWW PROCN01 ANI) FOR T1W VIT_LAVE OF NI `; IIOPF TG ACT AS A CRANTEE Ft.%4 INI), SCHOOL DISre 0281, )IRMIKLYN PARK, fik( KLYN CENTER, ROHHINSDAIJ,,, CRYSThL, PLVIOUTII O COLZPEN VALLEY AND NlN' HOPE, 'lotion carei zd I nve rc%11 call vote. Page 12, Regular !eeting, Nov: 21970 7410TI6N was made by Councilman Hintz, second by Councilman Johnson to FTS. NO. 70-45i'i' adopt RESOLUTION NO. 70-456, A RESOLUTION AUTHORIZING PARTIGIPATIO1•1 SUBURBAN :0. N THE SUBL RBAN HFNN1 iTYEFINCOUNLIPSp."IG DISTRICT AT A C6ST NOT TO FX- NURSING DIST. CEED 34c PER CAPITA BASED ON TIC, LAST OrFIC[AL CENSUS. `lotion cgrried f 5 aye roll call.vote. POTION was made by Councilman Hintz, second by Councilman Johnion to RES. ne 70-45 Adopt RESOLUTION NO, 7n-457, A RESOL17TON TO Y"MD RESOLUTION EASPfFN'TS 70-293, AUTHORIZING THE USE OF PTI IEN"f DOMAI;: TO ACQUIRE TMTfjRARY PROJ. CONST UCTIOS FAMTNTS Fns' PROD, P69-997-G9 CENTMIL AREA STRE+V i I`? ROVE'FENIfS. "lotion carried 5 aye roll call vote. MOTION' was made by Councilman Johnson, second by Councilman Hintz to RES. Me 70-458 adopt RESOLUTION No. 70-4589 A RESOLUTION ACCEPTING THE GRA; ' OF LAKE IltPROVMEN1 69468,75 FROM HF'„ MPIN COMTY MM THE VILLAGE OF PLY`!0UTI1 LADE FL":1 5 I!PF.+:?V fEST FUND AND APTH©RIZE' THr VILI.ArE ".A:jACL•R TO E\.rrER I',.'TO TUF NFCFSSARY ACREMIENTS WITH EtF\TNEPTN' CnL',%"ry FOR SA_%t£. "lotion carried 5 aye roll call vote. OTIn,v was made by Councilman lifintz, second by Councilman Joyanson that none of the money in the Lake Improvement Fund is to he expended until a s'lte plan i,.. presented to the Council and Park Commission for approval, lotion carried, tman.imous vote. 1)I SBURSE\tFNq S 10TION was made by Councilman JoNncon, second b Councilman blintz to RES. hn. 7n -45Q ` adopt RESOLLPCION NO, 7g.--'+50', A RESOLUTION APPQOVING THE REGULAR PA1'RnLL PAYROLla MHURS121I NT FOR THE PERIOD FN`DI.:C OCT. 31, 107O I T!'F DISBUSF`IF.NT A`WrX1T OF $18,439.22. 'lotion carried 5 .eve ro1,1 call vete. MOTION was made by Councilman Johnsen, second by Councilman Ilintz to ado at PESCVt.CIf1N NO, 7n -46n, A RE:SnLI"TIm APPROVING WE CENERAL FVNID 0ISIit'RSl *SENT mR Tilt. PCRIO!) ENDING OCT. 27, 3970 IN TNI•; A.,kl0l!%, T OF 496,513,38. Motton carried 5 ave roll call vete. alMELLANCOUS Councilman Spaeth asked for Council's posed uniform snclrmohile regulations. speed limits, the ql:nn 1,.% curfew, s cemeteries, sidewaXks and posted arena 111avor,111.1de Nov. 7th to arrnngame:nts comments concerning The ordinance with trees travel, travel was discus9ed . the Fro - respect to in parks, RES. W. 70-460 GEN FR.AI. FT,715 GI S SURSF"}ENT RF: SNOW^MIIILF ORDINANCE said th;-it the Longue of Mnnegota is holding a neeting on RE: MEETINC ON discuss penston funding and asked that someone nvxke P1.NSInN FIINDINO to attod, Mayor llilde zu;;Led the presented at the Nov. that will have to he budgeted expenditures revenue or a suitnb!o ttannger to have the Midget Review through Sept. 23rd meeting. anti adjusted entries prepared u1tvlp for thio year. Alen, the matching of non- ond tnrlte overage cha rper. witlo either offsetting e-xpinnation. 0 RE?: BUTICET REAITEW Page 13, Regular Meeting, Nov. 2, 1970 Vayor Hilde asked that the ;tanager with`iold all expenditures from now on that can be done until the years' end. The Yainager advised that this has already been done, all future expenditures must receive his and the Finance Director's approval. MOTION to adjourn at 12:45 P, % was made by Councilman Johnson, second by Councilman Hintz, carried by unanimous vote, e o Al 1Ii 1 e, Jr. , Mayor Attest: N L i Vayor Hilde asked that the ;tanager with`iold all expenditures from now on that can be done until the years' end. The Yainager advised that this has already been done, all future expenditures must receive his and the Finance Director's approval. MOTION to adjourn at 12:45 P, % was made by Councilman Johnson, second by Councilman Hintz, carried by unanimous vote, e o Al 1Ii 1 e, Jr. , Mayor Attest: N L