HomeMy WebLinkAboutCity Council Minutes 03-01-1971n
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tlNl=s OF A REGULAR COWNCIL *TING
PLYMMR, `SINN MA
MARCH 19 1971
A regular as ting of the Plynouth Village Council was called to order Qy
alcor hilde 7:40 P.% on starch 1, 1971.
PPISFIff, Ma or Hilda, Councilmng 'imenJohnson, Spaeth and Runt. Actiager
Re nee. Attorney O'Brien, Engineer Rudtud and Consulting Fngtneer
Bo testroo.
ARSL'T:-uncilman Hints
MTION w4,Ile
made by Councilman Johnson, second by Councilman Spaeth to pt: MI" TIES OF
approve minutes of Januavr 25, 1971. JX4e 25. 1971
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CouncllmfItn Spaeth said the A:erert Creek assessment figure of S15016
still wai not quite clear to hie. `+!r. Richard W -Fallon. Plymuth's
represedtative to the Bassett Crile .Watershed Cosmisston. explained
that R.t ` south has one of the largest watershed areas, repress:nting 29T
Gf the Monte to be aea6ased for adrdnistration of this Con aiseion. He
also e plained other aspects of the Coradesion. 7t was bromh-t up that
Plymoulki should request cousiderat3on for our present ponding area. t=
possibil,lity of having more than one vote and taking a more agressive
attitysde. `tr. O' Fallon suggested that he. Mr. 114pen, the Council and
anyone else who ;any be concerned have a hearing to exnreess themselves
about what may happen. `taps should be reviewed and ideas concerning
pondtj,ig, otc, dlecuised. As for changing the vote he said the agree-
went `eras a4o-pted and _he doubted if it could be changed now. Further
part4cipatipn was discussed And Mayor !tilde said we may have something
more'apectf c to consider when their report is completed and submitted
to 43. totl an carried. 4 ave vote.
MDTtnN. was made by Councilman Spaeth, second by Councilman Runt. to
approve the minutes of Feb. 24% 1471. Motion carried, 4 ave vote.
Caemcilman Spaeth asked if the Southwe4tt Temporary Bonds were checked.
Ac.'tira Manngetr Barnes eaid one of them can be recalled. lie hay not
been able to contact Fiscal Consultant A1ten as he has been out of
t1own.
PUBLIC 11VARINC
Engineer Rudrud reviewed the report on the rearnhrook Lone Sorfacing
Prujact north of Uighvay 055 for a distance of 24nn feet. It I& pro-
posed this be a 24' Guide rural crcone section 9 -ton road. Ne stated
what the estimated cost ind assessments will be for same. The Council
compared the assessments with the improvement of 96th Avenue which
Engineer tbnestroo said should not he done as the 36th Avenue area will
always he residential which is not true of Fernbrook Lane.. Public
hearing opened at R:iS P.M.
RF: KINt TES AF
nae 22. 1471
REto TP,- MORARY
Ho"M
RS rERNMOK
1ANF PRWR(47
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1ltrE11 1. 1971
Mr. Too TaIps of Bel Mar Raildoro, Isee strongly urged the Council to
approve this rose IWrovemamt at least to klarbor Lams des to the develop -
sent tsbitg glw&i- Be -eatd he rsto" it wouldbe 401, vide mor 24a.
ft recommended that the lar past of lhrnbrookc Law have a culvert put Is
u talcs care of, the druimags on the wt side if the Project Pee thy.
Smanser Rudrud said it to intended that the road be 24' wide, MW and in the
future it viii be i r wed and videsed. lliyor Acids asked Mr. Teigao 1f
the culvert was part of the storm GMT plan. Is said they put ass is on
Hair PtOPartt a8 they did Got lnov about the lar point on Fernbrook. The
culvert has to be, opsaod. ZAe publle hearing closed at MIt P.M.
NORTON was meds by Commcilman Quint$ second by Councilman Johaeoo to order
tM Pleas and speeifleatioss for Improving Farnbrooc Lasa for 2400 feet
north of RighW 055. !%ties defeated by ono We muds 1>7 Counellman Spaeth
and ) ap votes. .
Couueilmao Spaeth said he •voted says because he wants to know who will PAY
fon the road imp"Imavemest. Cousellm : Johnson enplalsed that this infor-
mation will be gives in the report.
MOTION was made by Councilman Spaeth to retonslier the prsvious defeated Amended 3/15/71
motionp second by Councilman Johnson and carried by a 4 aye vote.
MOTION vas wade by Councilman Rusts second by Couotilmas Johnson to adopt RIS. NO. 7146
RESOLUTION NO. 71-76; A RESOLUT10 DIRECTING THE ACTING MANAGER TO ORDER PLANS i SPECS
TIM PLANS AND SPECIFICATIONS TOR PROJECT 014A, FERN110101 LANE PROJ. /71-8A
IMPROVEMENT. Lotion carried 4 aye roll call voter.
PETITIONS, REQUESTS i COWL11ICATIONS
NOTION was made by Councilman Spaeth. second by Councilman Johnson :o RBS. NO. 71-77
adopt RESOLUTION NO. 7147, A RESOLUTION APPROVING THE RRQUEST FOR A GOND. USE
CONDITIONAL USE PERMIT BY WAYNRDT. INC. , 1.160 WISCWSIN AVENUE. WLS.. PERMIT, WIYNROY
FOR A TEMPORARY 41x5' BUILDERS ADVERTISING SIGN AT COUNTY ROAD $10 AND
DEERWOOD LANE UPON RECEIPT OF A WRITTEN PERMIT FROM THE PROPEM OWNER.
SAID CONDITIONAL USE PERMIT WILL BE VALID UNTIL DECEMBER 31, 1971 AT
WHICH TIME THE PERMIT WILL BE REVIMD,BY THE BUILDING INSPECTOR FOR
RENEWAL% lotion carried 4 aye roll call voti.
RLP: ROVING ADD'N.
Hire Ray Roving, 7035 Wayzata Presented wp~ of his preliminary PRELIMINARY PLAT
plat plan, gngioser Rudrud revieved his memo of February 25, 1971.
Costincilman Hunt questioned the variance from 110 feet to 104 ieet on
Lots 4 and 9 and the feasibility of a Joint driveway. It was explained
by the developer and engineer that these lots will still cover noire
than half an acre and the driveway will be twice the width of a normal
driveway and in reality is like two driveways to allow turning around.
Mro Having explained the prtVosed egress onto Plymouth Road. Councilman
H%mt questioned the dedication for Ridgemount Avenue, Myr. Having said
Planner Bergly also brought this up before the Planning Commission but
It was tabled. Councilman Hunt said there will be problem unless ease-
ments are set aside for contitirlation of ridgemount Avenue. A disetkeeian
was also held on County Road 1d1.
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Page 3. *larch 1. 1971
MD?361. van wade ty Councilman Runt, second by Councilman Johnson to refer
the request for pteltmdnary plat plan approval, for ` ro tray Roving back to
they Planning. Commission at the earliest pMsible moment. (March 3), , for
the purpose of specifically coordinating the Moving plat with Ridgewount
Avenue and County Road x'61 and come back with a report an `larch 15th.
lotion carried 4 aye vote. i
tc. Sander Ackerbtrg of Ten, Inc. w.Yplained that he to requesting 'a PE: SrEDIVISID;1
subdivOton waiver of Parcel 65211, Korth 1/2 of Section 27. because WAIVER -
they are encountering a financing problem and to pay the required S. ACKFPSIEPC
assessment down payment creates a hardship for them. Re displayed
a preliminary plat which has been approved for a 211 acre parcel 4n
the Westbank plat. - He vishes to subOvIde! Lot 1 and 2 so building
can com mace and pav the required asseasnent payment on that portion
of the plat only.
Acting *tanager Barnes reminded Council of their cLncern regarding bonding
and the arsesevent payment requiremnt which was established -for our
protection. P+r. Arkerberg said the assessrant pavvent will not be over
looked as the mortgage company will require this to he paid tofore any
funds are expended to them. The Council discussed the village aasiss
mtot policy. Councilman Spaeth reminded Council that a aimilaT request
was received recently .from another developer wh#ch was deniee,,
INION ca4 made by Councilman Ilunt,, sacand by Councilman Johnson to RF'E 71-1A_
adapt :'ESOLVIZON NOo 71-7fi. A ApprifiVINX THE SUBDI;'ISIm ISIE1`:
WAIVER FAIR NR. SANDER ACKERUJIG OF Tr:. V -C. , 1216 NICALLE:T AM ON AFPnOVEA -
PARCEL 652n. NORTH 1/2 SGCTI®N 27. 'lotion carried 4 aye roll call vote.S.
The Council discussed when `tr. Ackerbere should he required to pav the
required 2.5` utility agsesmnorit charge. rosatb ,y at the time a Building
permv i:; issued. "Ir. Ackerberg said they could possibly use some of
the mertme funds for the assessment. Councilman Spaeth again called
attention to a previous request which was.denlod and said a polAcy
should he established for everyone or not grant the petitioner's request.
l;nitineer Ronestroo said at no time Has the fact ever conWeareld that
there would he a decreasing interest errs to cover that void and It In
Important to consider looking at a change in the ordinance.
Ackesrherg Wd he cannot recall any Bather area where there in a
doijt payment req%Irempnt an assessments prior to the platting I)rocedure.
nor covald any lenders that tie has talked too Ile thinks it upould he of
benef,It to Plymouth and make it easier for a developer to get building
startf±lj And also build up the v 2laue tax rate if this was not requlre+e
rnyor ftlde compared this to our ordinance concerning low but li ingn.
Ponsihlw a revoluttonary stip gl ould ha tal;esn at htq time. t;puneyilman
liemr amid we have utilities to pay for and mast keep our Wdehle-!ness at
a liquid point. If there is no huildtnp unci lnnd lays dormant we will.
laao.
Councilman SpaIth feels 'it would help developers towards ocruponey if we
niv" thein six rkinths en pay. It is tiara+ for them to pot i"ney on nothing.
Councilman Hunt kuppvfiteO requirinp payment at the time of Cortt.f teate
of necaipancy. Cot,*nctlman .Ialinson thought this policy could be ostahli,nhed.
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Page 1419 "'arch 16 1971
CounclUmn Spaeth asked if 1t would pply to tt~ a first Certificate of
Occupancy or the whole parcel. Counc \4man Hunt jel t It should be
before any one unit is occupied. >RuileIn ttor Kaman preferred
that the 25 Mown psv sent be made at th 1\ t ime th t conn3a tion to the
ewer is applied for. Acting %tanager Bares alspref4 c; tod that no
hookup to ut0ttiea be allowed unless thia pavmett is received.
44?loiz was wade 1by Councilman Johnson, second by C,1uncilr+an Spaeth to RES. NO. 71-79
adopt RF-50MIT1ON N010 71-79, A RF:SOLLR` nN TO WA2' AVE IVF ORDINANCE ASSF.S.TqPIT
CONCE,R.'tZ Titfy ASSESS`k'EW PArim, A. D AL irw im.\1 SA:'ItFR AGmSEFG PAYrfW POLICY
TO DEFER, PAY fan ON SAW TRArT Or LANA DES("RIBF.t., IN TES11LtITION NOS
71-7R I'MrIG SUCll Tl%'L- THAT HE REMSTS A MVITT PAPK IT TO THE
YILLACF MLITY SYSTF*t. FIotlon carried 4 ave rayl,. catl vote.
aTION was made by Councilman Hunt, secort by 4:ounc,ir 1n Johnson
directing the village staff to give the area of the Woltnaacs cover-
ing the assessment policy further study and make a rel:t with their
recomendations At the `!arch 15th meeting. `otion carljied 4 ave vote.
nT1O%.' was made by Councilman Spaeth, second hey Gouacily#111 Johnson RES. NOe 71-80
to adopt RESOLMION NO. 71-8P, A RESOLUTION APPROVINv o T E\ SVBDIt'- SUBDIVISION
ISIQN WAIVER REQt'ESTED BY LORIHC STAW-S, JR., 1640 IQANTts Ltu"sms WAIVER, L. STAPLES
ON GOVERN"!ENT LOTS S AND b, SECTION 30, VvL'ST OF THE i\CiFAL
ERIDIAN, ''otion carried 4 aye roll cal'i vote.
fr. Zugene Renn of the Northern States Power Corpany was psked to etk:: FOX stF'.AIPWS
hrieflp explain the layout for street lighting in Pox "'eae cws. IIs ,TREFT LIGHTS
said that Bel `'ur Builders asked them to make d suggested 1181it'!,ng
plan which he Otstrthuted to Council for review. He descrPed V e
type of pole design that vas tieing considered and also pasilad
around pictures of sames tie gave: the cost figures fear• the lnstalty-
ation and maintenance of the lights. Bel `ear nuilder4 nprepd to
assume costa for these street lights Including those from Illghwav
1'55 to linrhor Dane on F'etnbrook Gene.
R1TInm wan made by Councilman 3ohnson. second by Counet;tman lWnt to
adapt n!'S111AMO, NO-. 71-S1, A RFSOLUTInN AI`t''OVING T111' PIAN SVB"
ITTF'O FOR ST?,M`T LIcIITI4tC VOR FOX "FAVIOVS ADDITION 1. c.ot; A LVL INATEP
M)D POLE orSTON S1'8JI:CT TO Ti(F SICININC rF A 6EARINC WAIVER
BY NEL "tAR ,9111tgl) R,. SAID L,IFNTS TO 8P INSTALLEn MR 1 hISTANCF OF
kPp+10NI"'ATFI;1' 7Dfi rm"T 1,0RTI1 OF Niruh ,Y #s,% n,V, FEe,Nurnnr hAw, ,1Nn
Ai'P1PNP1e1T1',LY ',11n,) rrn `1`' PAPHOR I.r1NE N FFn\'T nF Tur Fn\ l r1;) wc:
AI ITIO'N's ;,Nn4on carried 4 ave roll call `rote.
Covocilman Spaeth said that the ra,luest for Rawer and water an Clive
cone was received from it but ldeer who owns four lots north of Cat,nty
Road ab. Counctln nn 5pnoth felt the tmprovemo-at should Ile put irk for
all of Olive Lane or not, at all. Engineer Rudrud %atd thts pArti,cular
land ototer did want the trq%rovement when the Southwea.t Project wads pro-
posed but the TnajoCt,ty of the residents on Olive Lang- opposed it.
RES. S * Nns.71-RI
ST RFrAT LIGI TS
APPROVI'l) -
IkN)X "EAPOWS Ant!' N.
RE; UTILITIES ON
tif1TION was merle b\ oncilman Spaeth, second by Councilman Hunt to deny
the reque sit matte by DonntR A. Brooks and Jahn Ferrtn for water and,
sewer service for Tats It, 15, 16 and 17, Block, 1, Bail -sand "fanor Addition.
lotion carrted 4 dive vote.
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Page S. Farch 1 1971
request received from Vr. Peterson of Kullberg Itfg. Co., 5205 North RE: WATER FOR
County Road ala;tor water service for fire protection of his plant ; KULLBERG KFC. CO*
was discussed. It was brought up when the vilkaRe expects to have
watIr available in that area, the poss5ility of their hooking up to
they New Hope system, what the assessment policy shall be and should
be whin hokaip to the village system is evailabAe in the ftttuce.
14".1O:i was jade by Councilman Johnson. second y eounctlma» aunt to i RES. NC'o 71-82
adopt RESQU11LMl UQ. 71-R2. A RESf I.IpF?ON MZRECTI tC 'TIDE ACTI tC !A.'If:ER PRELIbtI iAPY
TQ HAVE A PR4Lr1IXARY REMRT PREPARED ON THE PJaP,'FST Fno WA,R SERt'IC'!: SE ORT ORDF1'ED
MR FIRE PP07ECT104N OF THE MILBERG (FC. Co. F1'AM MM IhCLL IE 110W ITI
SMALL 84 ASSESSED WWW ACM IN6 THE FMTRE. '!ation, carried 4 a;Ie roll
call vote.
tth reference to the reouent received from Circuit Science, Inc.. RE: MVER AT
X626 6th Ave.,No. for sewer improvement Engineer Bonextroo said the j COUNTY ROAD #IR
Northteast f ntt>irceptor trunk service is available in this area, but b 6?!1 AVE. NOo
there is ay bilt hill and several small homes to b4 taken into canal
deration. rte recommended that some hotres be taken and the hill cut
dc;;n and used for fill. Ntavor fiilde commented that there appears to
be a lot of future activity proposed in the area,
MT10N was made by Councilman llunt. second by Councilman Johnson to RES. h'Cv. 71-83
adopt RESOLU'TIM NO. 71-83, A RFSOLVTInN OIRKTINC THE ACTINty `IMACE1, SF.'i TR PJr?ORT
TO 11AVE TUE PRF:LVNARY REPORT OF JULY 14, 14068 M TI IS ARRA t' MATED ORDERED
Aiift I;"C;LUDE; 'FELE RiES'FUCTIO OF MC111" ACIDS RF14C, }^1R4 ED I%,M) TWE
SEWEI MTV! ay 'THS: CIRCI'IT SCIVIN;E. ItiCa KANT. "otion ca'rrie4 4
ave roll call vote.
Councilman Spaeth pave his reasons for proposi.np an amendment Fu the lRr:
Unifarm Building Cole pertaining to Type 5 one hour construction of V%,,IFC rr, l!I.nG. CCDI!
Type It occupancy, he questioned the fire aspects durabit'ity,
anesthetics of maneW type rpofs and wall constructinn and setbacks
n R-4 zoning with respect to abutting residential areas. lie fee?.s
the Building Codes Adttisriry Commission should make a study of thin
11`ia submit ct report in six weeks.
MION was miide taw Councilman Spaeth.• second! by Councilman Johnaan
requesting they Ruild.ing Cnde9 Advtsozy Commission to m,at:o a study for
an amendment to the ordinance requirements of Typo 5 one 'tour con-
struction of Type It occupr ncv Ditch would upprade the u90 of non-
cnnhu4tthl, mlitertgels art forth as follows: The percentape of vom-
hustihle weather board materials shall not exceed 15" of the vy,s.11 area
of the exterior of the. t %itlding. Sash, window frames and doors riag lip
excludel. Tt,e follottiitig materials. but not ne,cessartly limited tot*
are acceptable such as: stucco. hrtck. masonry, 9tonk, a9he19toA, etc,
All trim honrds shrill have a browning cant of stucco at equivale.t
underneath. *'ntion carvied 4 ave vete.
Unpt tieer lonesome roquesteel the t'ouncil ;n conQttler the Nathan Lane 111'1 MMAN' 1,b %F
Improvement fcon .01th to 130, Aventiect because thN Fix wonth perl-od t`frrtwv,,N'!1T
from the puhl is hearing date will soon exptro. Action wns. held off
until ousts averq arrived at to advise the citixen!L1. Attorne+
v O'Brien
adviaod that condemnation procoo.l,tr.gs have been filetl and nteerted.
nv,it Ilildo revLewe+d the tintos and what action was tnVzon to the past
on this project.
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age 6, "'arch 1, 1071
There was a discuss on on the road for access to the "'annus plant, property
purchased by Patand t Realty, potential desire for develops ent in the area
and the minutes of t e public hearing held Yoveonbwr ?, 1470. Councilman
hunt proposed that t 'e Council wait until the condematton proceedings are
completed and hold a 0,ublic hearing after that. Council agreed.
APPt?I:"t, !MS
OTIPW was made by Councilaw.n 11unt, second by Councilman 4olunsor to RE: PAPK COt'
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appoint Mr. John Eggen to District sl of the Park Commission and APPOIN'F* YrS
tes!ze. J. llarringtnn Richards and dsea Xerschke 4s membdrs at -large
on the Park Cuamsission, motion carried 4 aye vote.
Council agreed with Councilman hunt's proposal that the igterview for RE: M CODES
a Building Codes Advisory Commission member be scheduled for "arch
15th at 7:00 P.;". The Acting `tanager made note of this. j
OTIM was made by Councilman Spaeth, second by Councilman Johnson to RE: REA.PPnIMENTS
reappoint Rtessrs. Bud Weaver and Verttoot Youngberg Ni the Ruilding OLDG. CODES COY %,
Codes Advisory Co%iodssion. %cotton carried 4 ave volae.
10TIO;I was made by Councilman hunt, second by Counc.f lman Johnson to P.F.: BOARD OF
appoint "1r. Pichard Rohl to the Board of 'oning Adi4i,j_twent 4 "otton ?O`IYG ADJI'ST ENT
catried 4 ape vote.
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OTION was made by CounctIman Johnson, second he Counctlnalt Hunt to MeyO. 71-84
adopt RESOLUTION ^;O. 71-R40 A RESM.t"TIOv Arpro'rx 'i'11f, RF: iLAR PAYPOLL
PAYE:?LL DISUP.SFITNT OF S01,462.81. F'l'R THE PEPIOD ENr1Nl: FTFRPUARY DISRURSExT.NT
g, 1971. `cation carried 4 ape roll call vote.
ISCELUNrOVS
OTIOY was made by Councilman Hunt. second by CounctlrAn Jj)hnson to
adopt FESOLL710%.' NO, 71-95, A '!F.SnLVTION SETT114t; T11P VATS OF "ARCll
15, 1471 11) CONSIM T11!: RFOVFST RECEII' ) Fr0`r PIRCI,r STAR ^''m
Ol'"`1 ?t': Cfl`i'ANY TV VACATE )11F: VTTLITY AND P!`AINAGr r41SF11lFNTS 0.4 FACT!
STPF OF THE LIM DIVIRING 101','8 6 A,`") R, S ANP n AN!) TE": FOM 11.151
OF LOTS 4 AND In, BLOCK ?, ltAC14 LhT Ll";h' BF,TWr.rN'` AVN INV!)
Ati'1~` VVS N*MT11 h'FST OF FVR`HR00h LANTF;. "ation cerrtetl 4 ave roll call
vote.
Acting "anaper Barnes Raid he 04Nnraet641 `sr. KlAult Ao4tkrar colieerntnp
Vie Cavanaugh Park land dedicatiniA an K0%ruary 76th. He is atttompt-
inr to ohtair, th: abstract from "rci. Cairl9nn and "r. fa%,z.navl.
Aettig "analter nornes g tial It.e triol to rench '+r. r-atil of the •'tision
Forst three tirws the !oast t upoek to regard to the exe c%b t ton of the
gleed. To tlato "r. Paul ltns not rol turns O his culls. ie.unctIman
spoeth said ho uJI1.1 arrange to contact "r. Paml.
VACATF F.ASF"s:;T
CIRCLE STAR
R1'SI`;ESS CFINT R
t": FIR!' S'D'.1.°'
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Page 7, March =1. 1071
J.QTI,CY was made by "apor Ifilde. second tvy Councilman Runt directing VE: ROILY LANT
he Acting Manager to study the preblerg 01 Holly Lane in all of its 'S?t.'DY
abPects as specified in his' a$uawn of get. ;76+, In7t repartdtng jproSlems
cadgrning dust Control, SpeeO Limit, NOWS of golf C+eeerse operation.
Junk and Debris and prepare a report on same for the ••arch 1;5:h
meeting. .%tton carr#ed 4 ave vote.
Councilman Punt stated that the Planning Carrfgsion to already e-arkINp, tno f'l. r:E"•
on the F-4 ordinance study. "apor Filde said at the f#r,t quarterly C11"'.` 5 -CM;: STIM
meeting. Frith. the planning Corrstattion to be Iie.I.d en the fourth "ondky R-4 ARMON'rF
of this month we can flet a report on what they have mono- on thie.
Councilman Hunt stWested giving then; a copy o€ the ardinance.
Councilman John -ton inquired when the Council -III discuss priorttes. 4E; PF"JFCes A%q -
aFor 1111do said the engineering projects u-111 to take -a up on 'arc% PPIMITIES
A"nd. tie asked the Acting Wanager to have the Piscal Owtew IV
from .furan & "pody no all three points can e asnessed at this seetinp.
Councilman Punt said he received three calls iron ettiteas regarding RF: 1,rQS1 °"'.TVE
eo,islattve Bill osr426 on E'ity income rax Collection urging, the BILL,
vtll*Re to support this hall. '%vor Hilde said he willcall Serater
Pillsbury to find cut the particulars of this M11.
1'.'IV.N was r..::.'e b.v Ceunctlrmn Hunt,, second by Councilman Johnson CP: CE:SSP:.,nL
directing the Acting "anager to investipate a cess pool problem FOnRLEM
at 12n'"5 45th Avenue `os vWt;ch is causing a ponding area in that
actyard anu rep iry hack to Council on "arch 15th vtth his rec•-
ammandations to alleviate the s'tuation. "ation carried 4 ave vote.
110TION was made by Councilman Spaeth, second by Councilman Johnnon
to adiourn at 111:15 P.`1. '*Orion carrleC. unanimous. voce.
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