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HomeMy WebLinkAboutCity Council Minutes 06-21-1971I MINUTES OF A RiCULAR COUNCIL MEETING PLYNDUTH, MINNESOTA JUNE 21, 1971 A regular meeting of the Village Council of the Village of Plymouth was called to order by Mayor Kilde at 7:40 P.M. on June 21, .1971. PRESL4T: Mayor Hilde, Councilmen Johnson, Hintz, Spaeth,and Hunt, Manager Willis, Engineer Rudrud, Attorney Lefler, Planner Bergly and Consultant Engineer Bonestroo. SENT: None MINUTES Wr.ION watt made by Councilman Johnson, second by Councilman Spaeth to approve the minutes of June 7, 1971 vith the following amendments: Page S: End of Sth line in first paragraph; iaaert word "greater" instead -f "28' rather". Page 10: Item S; add "13618" before second wort: "concrete". In Sth line of first paragraph; delete "and in storm sewer areas 7 & 8". Page 11: Sth paragraph; after "motion" insert "as amended twice above". 6th paragraph; insert the following after the word "time" in, next to last line, ' ao the work could be done this year if the project is ordered." Motion carried 5 eye vote. PECITIONS, REQUESTS & CO%40(tLTNICATIONS MOTION was made by Councilman Spaeth, second by Councilman Johnson to deny c.he rezoning request from R-0 to R-3 property at 53rd and Zachary Lane submittei by Attorney J. E. Brill for Mr. Hewitt Peteroon. Motion carried 5 aye vote. Manager Willis advised the Council that AttornAy grill had ph.)ned hin today and asked that action on this request be deferred. Attorney Lefler said in that event a fut•tre request will requ::e another public hearing. ct3TION was made by councilman Spaeth, second by Councilman Johnson to rescind the above motion denying the t4tzoning requeet for Hewitt Peterson. Motion carried, 5 aye vote. Attorney Lefler advised that as the Village Ordinancu stands at `he prehent time •vtth respect to the reaonin request from Paul Zeltin covering a portion of zhe NW quadrant of I.S. ?494 and County Road 09 to I-1 Light Industrial on 15 acres it cannot he granted as the parcel of land does not meet the requirement of 20 acre] or w.re. 0 A A RE: Ap o VED MINUTES 6/7/71 RS: REZONING UENIGD - HEW*.TT PETERSON RE: ABOVE MOTION RESCINllruD RE: RE7.ON I N:; RF4.•EST - PAVL ZELTIN I 3' i L Page 2, 6/21/71, Regular Meeting Mayor Hilde told Mr. Darden, representing Mr. Zeltin, that the Council prefers to deal with a larger picture and that sewer and water service also poses a potential problem. It is Council's thinking in terms of limiting development to logical steps for sewer and water. Mr. Dowden asked if there was another route he could go. Mayor Hilde said nothing further could be done unless they obtained more land,, Mrs. Lula Winnen requested that a previous subdivision waiver that she requested for Lot 1, Block 1, Winnen Addition be rescinded and a new waiver granted. MOTION vas made by Councilman Hintz, second by Councilman Johnson to adopt RESOLUTION W. 71-230, A RESOLUTION TO RESCIND RESOLUTION 071-191 ADOPTED MAY 170 1971. Motion carried 5 aye roll call vote.. MOTION was made by Councilman Hintz, second by Councilman Johnson to adopt RESOLUTION NO. 71-231, A RESOLUTION APPROVING THE SUBDIVISION WAIVER REQUESTED BY MS. LULA WINNEN, 1235 PEON:! LANE, FOR 10T 19 BLOCK 19 WTNNEN ADPITI0N. Motion carried 5 aye roll call vote. Mr. Mel Getten, 710 Highway 8101, pointed out a building on a map for the area for which a subdivision waiver is requested by Playhouse Co. Mayor Hilde said the Council has told Mr. Paul E. Johns that we woLld never do anything like thin for him again unless it is a request for replat of the entire parcel. MOTION was made by Councilman Hunt, second by Councilman Johnson to adopt RESOLUTION NO. 71-232, A RESOLUTION APPROVING THE SUBDIVISION WAIVER OF LOT 1, BLOCK 2, PLAYHOUSE INDUSTRIAL PARK REQUESTED BY PAUL E. JOHNS OF PLAYHOUSE CO., INC., 15831 HIGHWAY 955, SUBJECT TO THE UNDERSTANDING THAT THE DEVELO`:ER PROVIDE UTILITY SERVICE STUBS REQUIRED BY JACKING UNDER THE ROAD METHOD AND THAT THEY WILL ASSUME THE RESPONSIBILITY FOR COST OF SAME, FURTHER, THAT THIS IS TO BE DONE PRIOR TO APPROVAL OF THE SUBDIVISION WAIVER. Mo:lon carried 5 aye roll call vote. MOTION was made by Councilman Spaeth, second by Cou;tcilman Hintz to adept RESOLUTION N0. 71-233, A RESOLUTION APPROVISG THE SUBDIVISION WAIVER OF THAT PART OF GOVERNMENT Wit 6 & 7, SECT. 25 AS DESCR?BED ON THE SURVEY (E. MEDICINE LAKE BLVD. b 24TH AVE. N.) REQUESTED BY ERNEST M. LAGERSTROM, 2300 E. MEDICINE LAKE BLVD., SUBJECT TO THE FOLLOWING: 1) THE SU%DIVIDER SIL1LL SATISFY THE LANCASTER. LANE EASEMENT AND IF IT IS NOT, THAT RIGHT-OF-WAY BE DEDICATED TO THE VILLAGE. (2) THAT THE SUBDIVIDER WILL ASSUME ALL SERVICE CONNECTION COSTS RESULTING FROM THE SUBDIVISION AND PROVIDE ALL UTILITY SERVICE STUBS FOR EACH PARCEL IF THEY ARE NOT IN. riotivn cartivd, 5 aye roll call vote. MOTION was made by Cowic:ilmen Spaeth, seconc: by Councilman Johnson to adopt RESOLUTION NO. 71-234, A RESOLUTION ACCEPTING THE PLANS AND SPECIFICATIONS FOR PROJECT 871-102,0-C1, CAVANAUGH ADDITION AND PROD. 868-160-C1, 34TH AVE. At XENIUM LANE IMPROVEMENT AND AUTHORIZE THE ADVERTISEMENT FOR BIDS AT 10:00 A.M. JULY 151 1971. Motion carried 5 aye roll call vote. RE: L . WI1-RM SUBDIVISION WVR. RES. N0. 71-230 SUBDIVISION WVR. RESCINDED - LULA WINNEN RES. N0. 71-231 SUBDIVISION WVR. GRANTED, L. WINNE RE: SUBDIVISION WAIVER* PLAYHOUSE Amended 7/9/7'&) RES. NO. 71-232 SUBDIVISION WVR. GRANTED - PLAYHOUSE CO. RES. NO. 71-233 SUEDIVISION WAIVE_ GRANTED - E. LAGERSTROM RES. N0. 71-234 PLANS ACCEPTED CAVANAUGH ADD. b 34TH AVE. PROJ'S. Page 3, 6/21/71, Regular Meetinf 11OTION was made by Councilman Jdanaon, second,by Councilman Hunt to RES& NO. 71-235 adopt RESOLUTION N0. 71-235. A RwSOLUTION ACCEP':ING THE PLANS AND PL.%KS ACCEPTED SPECIFICATION$ FOR PROJECT 171-1>,A JONQUIL !.ANE SEWER AND WATER JONQUIL LANE INCLUDING 36TH AVENUE WATER MAIN FROM ZACHARY LANE TO JONQUIL LANE) PROJECT ; AIM AUTHORIZE TRE ADVERTISM%W FOR BIDS AT 10:30 A.M., JULY 150 1971. Motion carried 5 aye roll call vote. Engineer Bonestroo explained,' that after investigation of the Jonquil lane,project 4rea they will np't put in piling through the island to the main 1pod. Ten feet of fill will be brought in and a ball -joint ptpe Amended 7/8/71) in-LiALlation which %rill save about $50,000. Councilman Spaeth asked him if this method assured holding up against settling or side pressure and he said yes. it would. Ma),or P11de asked Ma ager Willis if he checked on the feasibility of federal funding for' the Jonquil Lane project. Be said that federal funds are': not presently available and they have a substantial backlog of appli- cations waiting for approval for what funds are available. There would be a two year wait befors'tt would be placed In the consideration range. MDTION wrs made by Coun alman Johnson, 'second by Councilman Runt to RES. N0. 71-236 adopt RESOLUTION NO. 71-236, A RESOLUTION ACCEPTING THE P"OS AND PLANS ACCEPTED SPECIFICATIONS FOR PROJECT i71 -098-H, 36TH AVENUE STZEET GRADING 36TH AVENUE INCLUDES SIAEET RESTORATION FOR JONQUIL LAt:S PROJECT) AND AUTHORIZE GRADING THE ADVERTISEMENT'F'JR BIDS AT 11:00 A.M., JULY 159 1971. Motion carried 5 aye roll call vete. With respect to the Niagara Lane Project #70-1,0,8-A Engineer Bonestroo RE: PROJECT said #e want it recorded that this report was requested by Minneapolis 170-1,098-A for these figurpi. Attorney Lefler said we had an improvement hearing NIAGARA LANE for the people abutting the Improvement and another one would be ra- quirdd if you wish to assess a larger area. Mayor Hilda suggested this be referred back to the Manager to resolve the matter of assessing. MOTION was mafie by Mayor Hilda, second by Councilman Hints that the total assessment policy oto the Niagara Lane Improvement Project 170-100684 be resolved by the Village Manager. Motion carried, unanimous vote. Councilman Hunt suggested that the Vicksburg io eronmsat bi wrapped up with this. Attorney Lefler said we may be able to work out a ccneider- ation for Vicksburg right-of-way; we are not ready to work on this yet with Minneapolis. Councilman Bunt commented that Vicksburg Lane is pro- bably the single most important road in our village. REPORTS BY OFFICERS, BOARDS b COMMITTFES NOTION was made by Councilman Hunt, second by Councilman Johnson tc adopt RESOLUTION NO. 71-237, A RESOLUTION TO SET THE PUBLIC HEARING DATE FOR PROJECT 171-2,B KRAETZ LAKE STORM SEWER IMPROVEMENT ON AUGUST 186 19716 7130 P.M. (Location to be decided later). Motion carricd 5 aye roll call vote. Councilman Spaeth said we are inti the Minnahsha Litershod'District and we will have to submit our plan to them. I think they are talking about water drainaR4 for this area. Out plan should be submitted to them and if they want to, they have the authority to stip ue at any time. They have to adopt their rules and regulations. Mayor KIde RES. NO. 71-237 KRAETZ LAKE STOPM SEWER HEARING DAT. REt `IINNEHAHA WATERSHED G o v ) Page 4. 6,31/71, Regular Nesting said we can expect the Manager to say what we,should`)do. He should research this and see who the,people were that were involved and wake'a report. Councilwaa Spaeth said Mr. Jim Ringman is the Chairman of the Minnehahs J Watershed Commission. Mayor Hilda said the annual Board of Review will be attended by Coluxty REI BOARD OF Assessor Johnson and Council who will suet in the Council chambers to REVIEW - 7:304.N. review assessments wade this year. The Legislature has evade scab pro- JUNE 309 1971 posals and a bill that requires the local assessors to furnish adequate notice to the residents of changes in their asseemonts. Manager Willis aslikrt if the Council wants as a matter of ' policy to have the Anaessor notify the people that then 'is a change in their valuation! MOTION wasd by Mayor -'Hilda, second by Councilman Johnson to`adopt RES. N0. 71••238 RESOLUTION N0..-71-238,, A,RBSOLUTION DIRECTING THE MANAGER THAT ON OR NOTIFICATION OF BEFORE 15 DAYS P,IOR TO TIM ANNUAL BOARD OF REVIEW THE VIU AG14 ASSESSOR WMET VALUE SHALL NOTIFY BY WIL ALL PERSONS WHOSE MARKET VALUES HAVE BMW' -CHANCED CHANGES BY HIM, DESPITE THE FACT THAT THE COUNTY ASSB;.SGR HAS NOT SUBali M HIS CHANGES. Councilman Hunt said the Assesa3r better have the help to do this. Mayor Hilda said it woula help the Assessor to publish a cross Index with a street address in such a way that people can look and sae what their assess ant was. AMENDMENT to the above motion was made by Mayor Hilde, second by Council- man Johnson that, FURTHER, DIRECT 'THE VILLAGES MANAGER TO CREATE A CROSS (Amended 7/b/71) INDEX AND POST THE MARKET VALUATIONS AT TIE :VIIJ.AGE HALL EACR YEAR WHENEVER THEY HAVE CHANGEDr, Manager Willis said you should be aware that you are adding more work load on the staff and we will ba making for more,people to get, It done right., Amendment passed, unanimous vote. MAIN motion carried, 5 aye roll call vote. Manager Willis a4vised that the Green Oaks Homeowners Association requested the Council to consider the acquirement of a small wild life refuge type RE: GREEN OAKS park (two lots). He reviewed the previous discussion held on this. They ASSOCIATION PARK wish to acquire it by fee title at their otu expense subject to the agree- ment that when it become tax delinquent tt at the village will agree to acquire it fox a park and the Homeowners vUl agree to mairktain it to village standards to perpetuity. There aru $4651 in delinquent assess- menty against this property and I recommend that the General Fund make the necessary appropriation to pay the sewer and water funOLe The Home- owners Association was represented by Mr.'Potte, 18130D 30% Ave. N. and Mr. Anderson, 18230 30h Ave. N. Mr. Potts said we polled four members and they agree to raise the money to purchase these lots and sign an agreement for maintenance to perpetuity. lir. Anderson sari we have a lot of help and want to save something that is worthwhile. A lengthy discussion ensued on this subject. MOTION was made by Councilman Mints, second by Councilman hunt that we assure the Green ftks Homeowners Association that the Village agrees to pick up the two parcels in question whoin they become tux delinquent and the Manager shall include this it the budget next year. Mayor Hilde said it should be the saw as Manager Willis' memo, instead of General Favid, state Park Dedication Fund. Motion carried 5 aye roll call vote. R D said we can expect the Manager to say what we,should`)do. He should research this and see who the,people were that were involved and wake'a report. Councilwaa Spaeth said Mr. Jim Ringman is the Chairman of the Minnehahs J Watershed Commission. Mayor Hilda said the annual Board of Review will be attended by Coluxty REI BOARD OF Assessor Johnson and Council who will suet in the Council chambers to REVIEW - 7:304.N. review assessments wade this year. The Legislature has evade scab pro- JUNE 309 1971 posals and a bill that requires the local assessors to furnish adequate notice to the residents of changes in their asseemonts. Manager Willis aslikrt if the Council wants as a matter of ' policy to have the Anaessor notify the people that then 'is a change in their valuation! MOTION wasd by Mayor -'Hilda, second by Councilman Johnson to`adopt RES. N0. 71••238 RESOLUTION N0..-71-238,, A,RBSOLUTION DIRECTING THE MANAGER THAT ON OR NOTIFICATION OF BEFORE 15 DAYS P,IOR TO TIM ANNUAL BOARD OF REVIEW THE VIU AG14 ASSESSOR WMET VALUE SHALL NOTIFY BY WIL ALL PERSONS WHOSE MARKET VALUES HAVE BMW' -CHANCED CHANGES BY HIM, DESPITE THE FACT THAT THE COUNTY ASSB;.SGR HAS NOT SUBali M HIS CHANGES. Councilman Hunt said the Assesa3r better have the help to do this. Mayor Hilda said it woula help the Assessor to publish a cross Index with a street address in such a way that people can look and sae what their assess ant was. AMENDMENT to the above motion was made by Mayor Hilde, second by Council- man Johnson that, FURTHER, DIRECT 'THE VILLAGES MANAGER TO CREATE A CROSS (Amended 7/b/71) INDEX AND POST THE MARKET VALUATIONS AT TIE :VIIJ.AGE HALL EACR YEAR WHENEVER THEY HAVE CHANGEDr, Manager Willis said you should be aware that you are adding more work load on the staff and we will ba making for more,people to get, It done right., Amendment passed, unanimous vote. MAIN motion carried, 5 aye roll call vote. Manager Willis a4vised that the Green Oaks Homeowners Association requested the Council to consider the acquirement of a small wild life refuge type RE: GREEN OAKS park (two lots). He reviewed the previous discussion held on this. They ASSOCIATION PARK wish to acquire it by fee title at their otu expense subject to the agree- ment that when it become tax delinquent tt at the village will agree to acquire it fox a park and the Homeowners vUl agree to mairktain it to village standards to perpetuity. There aru $4651 in delinquent assess- menty against this property and I recommend that the General Fund make the necessary appropriation to pay the sewer and water funOLe The Home- owners Association was represented by Mr.'Potte, 18130D 30% Ave. N. and Mr. Anderson, 18230 30h Ave. N. Mr. Potts said we polled four members and they agree to raise the money to purchase these lots and sign an agreement for maintenance to perpetuity. lir. Anderson sari we have a lot of help and want to save something that is worthwhile. A lengthy discussion ensued on this subject. MOTION was made by Councilman Mints, second by Councilman hunt that we assure the Green ftks Homeowners Association that the Village agrees to pick up the two parcels in question whoin they become tux delinquent and the Manager shall include this it the budget next year. Mayor Hilde said it should be the saw as Manager Willis' memo, instead of General Favid, state Park Dedication Fund. Motion carried 5 aye roll call vote. R A J 0 J o Page S. 6/21/71, Regular Meeting Manager Willis introduced the Holly Lana)Dust Coat project andjsaid the Council asked for an assessment policy. He and Engineer Rudrud met with some of the people. He recommends Column H. of the Assessment R000rt,. Eshibit A attached). Councilman Hunt said someone called and said they cannot see spending this kind of money for only two or three months: Mayor Hilda said now they are changing their minds again. Councilman Hunt'iaid as far as duet coating is concerned w spent a lot of money on W. Medicine Lake Blvd. and it was money down the dralu.., EaRtneer Rudrud said he talked to the people who do not have,frontage and +everyone of chem seem to want maintenance and the village to take s 9-01)stantial part of it. MOTION was made by Councilman Hints. second by C-;mcil•.wan )6t to leave Holly Lanolin its extsting'condition. Motion carried S ayo vote. Mayor. Hilda said the Planning Commission adopted the Section 12 Guide Plan and the Council suggested we indicate that this is not an adopted plan by the Village'. Mayor Hilda` °s comments on this subject were as follows: 1. Planning 1/36th of Village without due concern and treatment of rest of Village is poor planning. 2. Very high proportion: of multiples and I as in favor of a moratorium on apartment developments which are outside of our guided areas until: a) Guide Pla"for entire village is complete. b) Apartment study is completed and r*vlewed carefully by citizens$ Planning Cowlesion and Council. 3. We are plaw.ng correctly at this point: a) Goals and objectives. b) Hire Planning staff. c) Planner complete Guide Plan (wvt paths, trails, sidewalks, etc.). d) Adopt Thoroughfare Plan. u) Develop Village storm sewer plan. f) Develop Village water plan. g) Develop Village sever plan. RE: HOLLY LAME IMVROVEMENT RE: SECTION 12 GUIDE PLAN MOTION was made by Mayor Hilda to adopt RESOLUTION NO. 71-239. A RESOLUTION THAT THE VILLAGE COUNCIL DO NOT ADOPT THE SECTION 12 GUIDE PLAN AND THAT THIS ACTION BE COMMUNICATED TO ALL INTERESTED PERSONS. Councilman Hunt second the motion and added: THAT ANYTHING DONE UP TO THIS POINT NOT BE PUBLIC INFORMATION AND THAT COPIES OF THE PROPOSED GUIDE PLAN NOT BE DIS- TRIBUTED TO ANY PERSONS. Motion carried 5 aye roll call vote. Councilman Spaeth said then we will cut everything off for two years. Mayor Hilda clarified his intent. Councilman Hint: said he would personally litre a moratorium on all apartments until we have a guide plan complete. RBS. N0. ?1-239 SECT. it PLAN NOT ADOPTED 0 v QH 9 N; f-7 0 pnIt1H W W y ON O H O V1 WNwO O ppVatW WNF? 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W/ N y r 10 Ut 0 Un 4 4 J 1 NIIVVVOI4p O OOr1WWWWWI.WWW O WW PoHew n S O 00000OCaCQc000 O 00 OV M O O O O U V 0 0 0 0 0 0 O O O CAB t rt v QH 9 N; f-7 0 pnIt1H W W y ON O H O V1 Page 69 6/21/719 Regular Meeting RESOL'JrWNS 6 ORDINANCES With respect to amanding the ordinance to accept garbage in a sanitary RE: AMEND land fill Councilman Johnson asked CounciLq Hints how he felt on this. ORDINANCE TO He said he still tools we need a sanitary land fill in the village and ACCEPT rARBAGIE If we, do not do it and select a proper place the State will cost in and IN Lars FILL SI:, do it for us. Councilman Johnson said we have an ordinance that ex~ cludes garbage now, what is your feeling on garbage? Councilman Hints said I feel there will bie a necessity for handling garbage. Maybe local governments are not responsible to the requirements of their citizens' needs. At this point I think vs are going to have a sanitary land fill In Plymouth some place down the line. Councilsan'Johnson said the question Is still about garbage. Mayor Hilda said the M& 61ei+6w.wwoa- . (Amended 7/8/71 mended we lave a place to dispose of refuse, junk, litter and trash only. MOTION was m jde by Councilman Johnson, second by Councilman Hunt to deny Plt AMENDMENT the amendment of the Villaga)Zoning Ordinance to accept garbage in 41 DL41ED sanitary landfill. Councilman Hints said we should go out for a pore detailed study to know Ii we are taking the right type of action tonight. Mayor Hilda said this does not indicate that we csznot institute a study tomorrow but our staff is over burdened. I agree said Councilman Hind, but our Planner could look at the overall plan. Motion rArried, 4 aye roll call vote, Comcilsmn Spaeth abstained. MOTION was made by Councilman Hints, second by Councilman Hunt direct- ing the Manager to institute a study of sanitary land fills and present a complete study to the Council somstime before the end of the year. Attorney Lefler said under the Hennepin County Ordinance 01 there are. two kinds of permits that they gan issue. One is limited to the general public in the area and the other is unlimited. Councilman Hints preferred the limited but said he would like it done both ways. Councilman Spaeth preferred the limited but the Village would have to assume the land fill because it would not be profitable to go into it and it would be prefer- able for the citizens. Councilman Hints said it has been brought up before, it seems we take negative steps and we should be mote positive, but this is something we should bit taking up. Mayor Hilda said if you all agree we can discuss this next: Monday. Councilman Hunt withdrew his second and Councilman Hints withdrew the motion. An amendment to the Zoning Ordinance to approve a Conditional Use Permit for a Sporting Goods Store 4n a 8-3 Service Business District was recommended for ,approval by Manager Willis. MOTION was made by Cotincilman Hunt, second by Councilman Spaeth to adopt ORDINANCE NO. 71-12, AN ORDIKWCR TO AMEND THE ZONING ORDINANCE TO AMEND THE ZONING ORDINANCE OF THR VILLAGE OF PLYMOUTH RELAXING TO USES BY CONDITIONAL PHRMIT IN TIM B-43 SERVICE BUSINESS DISTRICT TO COVER A SPORTING GOODS STORE4, Motion carried S aye roll call vote. LOTION was made by Councilman Johnson, second by Councilman Hunt to adopt RESOLUTION N0. 71-240, A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUESTED 81 MR. ALAN SHEIZWO 11510 WEST LAKEVIEW LANE, MINN6TONKA, FOR A SPORIANG GOODS STOIE SULYECT TO THE FILING OF AN APPLICATION BY HIM FOR HAMB AND PUBLICATION OF THE ABOVE ADOPTED ORDINANCE N0. 71-12. Motion carried 5 aye roll call vote. RB: SANITARY T,AND FILL STUDY RE: AMEND ORDINANCE FOR SPORTING GOODS STORE IN B-3 ZONE ORD. N0. 71-12 ABOVE AMENDMENT APPROVED RES. N0. %'-240 CONDITIONAL USE PERMIT APPROVED, AL SHERMIAN 0 n 0 Page 7, 6/21/71, Regular Ilecting H)TION was made by Councilman Spaeth, sej:ond by Councilman Hunt to adopt 02D. NO. 71-13 ORDINANCE N0. 71-139 AN ORDINANCE AMENDING SECTION 2 OF CHAPTER VI OF AMEND SECT. 2 TILE VILLAGE CODE RELATING TO AMENDMENTS TO THE UNIFORM BUILDING CODE CONCERNING ROOFS CONCERNING INSTALLATIONS OF PZCHANICAL EQUIPMENT ON ROOFS. Motion carried S aye roll call vote. Moyor Hilda preferred to take up the two lm endments to the Zoning Ordinance regarding building heights at the June 28th meeting. With respect to the resolution relating tp the Planning Commission and Village Council Procedimas it was agreed to add Item 4 to, said resolution,as suggested by Mayor Hilda. LOTION was made by Councilman Johnson, sec3nd by Councilman Hunt to adopt RESOLUTION NO. 71-2410 A RESOLUTION !MUTING TO PLANNING COM HK ISS:ION AND VILLAGE COUNCIL PROCEDURES WITH THE ADDITION OF ITEM 4 AS hOL10WS : 1#COPY OF THIS RESOLUTION S)KkL1. BE MAILED TO ALL DEVELOPERS KNOWN TO BE ENGAGED IN BUSINESS WITHIN PLYMDUlH. AL1,30 ADDITIONAL COPIES MADE AVAILABLE I14 THE VILLAGE HALL FOR TRE PUItPOSE OF DISSEMINATION TO EVERYONE WHO 14AY BE Ai3: ECTED AND A COPY ALSO MADE AVAILABLE TO ALL HOMEOWNER AS:OCIATION'S WITHIN PLYM ovni." Motion carried 4 aye roll call votes, CouncElmam Spaeth voted nage. MOT103 was made by Councilman Hintz, second by Coun_ilman Spaeth to adapt RESOLUTION NO. 71-2429 A RESOLUTION A!"PROVING THE PASSAGE AND COhTE2rr OF CHAPTER 5 7, LAWS OF 1971. Hots'cn carried S aye roll call vote. MOTION was made by Councilman Johnson, second by Councilman Hintz to adopt (RESOLUTION NO. 71-243, A RESOLUTION AUrHOR;IZING THE MAYOR AND MANAGER TO EXECUTE THE, AGREE?tENT CONCERNING 'URBAN CORPS CRIMINAL JUSTICE INTERN PROGs M. Notion carried 5 aye roll call vote. MOTION wao made by Councilman Hintz, second by Councilman Johnson to adopt RESOLUTION N0. 71-244, A RESOLUTION APIIW!ING THE PARTICIPATION IN THE AOBILE TELEPRINTER FOR POLICE CRUISERS PROGRAM FOR A PERIOD OF FIVE 'If1EL%RS FOR A COST OF $157 PER UNIT OR A TOTAL OF $785 PER YEAR. Motion carried 5 aye roll call vote. MOTION was made by Councilman Hintt, second by Councilman Johnson to adopt RESOLUTION NO. 71-245, rte RESOLUTION AUTHORIZING THE MAYOR AND CLERK `M EXECUTE A COOPERATE (IONSTPUCTION AGREEMENT WITH THE STATE OF MINNESOTI HIGHWAY DEPT. FOR HE RIGHT TURN ACCELERATION AND DECELERATION LANE FCR THE PROJECT 171-8.A 1'ERNBROOK LANE IMPROVEMENT. Motion carried S aye roll call vote. The requeot to amend Zoning Oidinante Section 15, Subd. 5. P.6 to per- mit a waiver of the minimum araia required for an 1-1 District when such proposed district abutts ;sand i hown on the Comprehensive Guide Plan whii:h requires that such parcels be 20 acres or more was instituted because of the rezoning request submitted by Paul Zeltins which was re- ferred to 1 -he Planning Commission and public fearing held June 16, 1971. They recons ended approval. RE: PROCEDURES PLANNING COMK9 AND COUNCIL RES. N0. 71-241 PROCEDURES FOR COUNCIL AND PLANNING COMM.. ADDITION RES. N0. 71-242 APPROVED PASSAGE b CONTENT OF' CHAPTER 557 RES. NO. 71-243 CRIMINAL JUSTICE PROGRAM AGREEMENT RES. N0. 71-244 APPROVED MOBILE TELEPRINTERS RES. N0. 71-245 41GIlWAY DEPT, AGREEMENT FOR FERNBROOK LANE RE: AMENDMENT TO ORDINANCE ON I-1 DISTRICTS 0 61 o Page 8, 6/21,!2,1, Regular Meetigg Planner Hergly'ps!' the guide piton has been referred to and used u a tool, but in nary artoas of the village the guide plan covers small areps. Mayor Hilde said vet should ignore the leltin request and go on the theory that this may, cous'yi a number of times. Codrellmaut Spaeth said we should not go into as area and,have it spot, zoned. Councilman Hunt said it may iso- lateparcels on whish we may get into trouble on later. Mayor Hilde said he could see these problems, a abide plan is not only a guide,plan, it is your best eatimte of how land should bo wed at a particular point in time. Howevore IN time goes on you can see things differently,, like East Medicine Lake. The ordinance doss place a burden on the guide plan and I, am worried about the NW to=ner (49 and 0494), that was on the edge of our,(Amended 7/8171) guided am and dtd not get the good treatment that the bal"ce of our guide plan got. But We did put Was in there and I think that will happea'a lot. So, what happens you night, by virtue of this kind of waivers solidify this type of, thing that should not be solidified. 1 MOTION was made by Councilman Spaeth ghat we change the ordinance in accord- ance with the memo of June 18, 1971 f:va the Manager. Councilman Hunt second for discussion. Councilman Spaeth said it is guided I-1 and I do not think It is being taken out of an area and isolating it. It rets another area and is not set away from itself. Councilman Hunt said but you must remember this ordinance affects the village. Mayor Hilda said if we begin to chop things up into small parcels we are also adding to the burden of council on these small matters and also administration. Councilman Spaeth said in essence it says it should be 20 acres. Councilman Johnson said he is not sure on the guiding of that area and Mayor Hilde said he was comfortable on everything except the Northwest corner of 09. Mr. Robert Dowden said I want to clarify one thing with regard to the 1969 and 1970 Central Plan. That area was restudied by the Planning Commission and they recoamanded that the entire area be zoned I-1 except the Southerly 100' adjoining., between Fernbrook and the boundary of the Zeltin property. Secondly, the area now zoned I-2 on the North end remain 1-2. Third, the entire area was to be restudied and these are the results. Further, as the attorney said, that the ordinance which restricts !t to twenty acres has only - "or in addition if the land was adjacent to land guided for I-1 or I-2". Motion failed, 4 nayes, Councilman Spaeth voted aye. LICENSES b PERMITS MOTION was made by Councilman Johnson, second by Councilman Hunt to approve a Taxi Company License for Twin Town Taxi Company, 1427 Valley Drive, Burnsville, Minn. which Mr. Kenneth G. Reich will operate. Motion carried 5 aye roll call vote. MOTION was male by Councilman Hunt, second by Councilman Johnson to approve a Taxi Drivers License for Kenneth G. Reich, 1427 Valley Drive, Burnsville and Edvine Miglons, 305 W. Franklin Ave., Minneapolis. Motion carried 5 aye roll call vote. MOTION was made by Councilman Johnson, second by Councilman Spaeth to approve the Small Disposal System License for Marty Bros., 9436 Quaker Lane. Notion carried 5 aye roll call vote. CC: TAXI COMPANY LICENSE RE: TAXI DRIVERS LICENSE RE: SMALL DIS- POSAL SYSTEM LICENSE r i Page 9, 6/21/71, Regular Meeting MOTION was made by Councilman Spaeth, second by Councilman Hunt to approve RE: ON SALE the On Sale Malt Liquor License renewals for Hampton Hills Golf Course, WALT LIQUOR 5315 Juneau Lane and Elm Creek Golf Course, Highway 055, Hamel. Motion LICENSES carried 5 aye roll call vote. C-.jo cilman Hunt asked the Manager to notify the Police Dept. about Citi- RE: COMPLAINTS zon's complaints in regard to teenagers consuming and purchasing alcohol- HAMPTON HILLS is beverages at the Hampton Hills Golf Course. (Amended 7/8/71) MOTION was made by Councilman Spaeth second by Councilman Johnson to approve the Off Sale Malt Liquor License renewal for Hampton, Hills Golf Course, 5315 Juneau Lane. Potion carried 4 aye vote, Councilman Hintz voted naye. MOTION was made by Councilman Johnson, second by Councilman Spaeth to approve the Off Sale Malt Liquor License for Horstman Dairy Store, 2.119B Medicine Lake Drive. Motion csrried 5 aye roll call vote. DISBURSEMENTS MOTION was made by Councilman Johnson, second by Councilman Hunt to adopt RESOLLTION NO. 71-246, A RESOLUTION APPROVING THE FOLLOWING DISBURSEMENTS: Regular Payroll - 23,233.35 - Period ending June 15, 1971 Payroll Correction - 233.56 - une 15, 1971 General Fund - 741,536.13 - June 21, 1971 Construction b Sinking Fund - 3,066,591.56 June 21, 1971 Motion carried 5 aye roll call votes. MISCELLANEOUS MOTION was made by Councilman Hunt, second by -Councilman Hintz to hold the first Council meeting in July on the Ath due to the Monday Holiday. Miton carried, unanimous vote. MOTION was made by Councilman Hunt, second by Councilman Johnson to zdopt RESOLUTION N0. 71-247, A RESOLUTION APPROVING THE MANAGER'S DEC- ISION TO HIRE MR. MARTIN OVERHISER AS DIRECTOR OF PLANNING 6 CO"eTUNI:TY DEVELOPMENT FOR THE V[LLAGE OF PLYMOUTH EFFECTII F AUGUST 10 1971 AT THE MONTHLY SALARY OF $1500. Motion carried 5 ave roll call vote. Manager Hillis discussed Niagarn Lane north of County Road 46 and the Circle Star development.. Engineer Bonestroo asks that we have a steep grade and only 33' of rt ht-of-wny. it was suggented a cul de sac be put in here to the houses and cemetery which he pointed out on a map, thus blocking ac:eas from the Circle Star development onto old Niagara Lane. MOTION wag sande by Councilman hunt, second by Councilman Hunt to adopt RESOLUTION V71-248, A RESOLUTION AUTHORIZING THE MANAGER TO WWER THE PLAN FOR A ont mi SAC ON NIAGARA LANE Wi Tli OF COUNTY ROAD 06 WHICH WIL16 PElUtIT ACCESS TO THE EXISTINC HOMES BUT TFRMINATF BEFnRE; REACHING THE CIRCLE STAR PROJI1 CT. Motion carries! 5 aye roll call vote. RE: OFF SALE MALT LIQUOR LICENSES RES. #71-246 DISBURSLNENTS REt JULY MEETING RFS. 071-247 DIRECTOR OF PLANNING 4 CO*1t DEVELOPMENT RE: ACCESS TO ALD NIAGARA LANE RES. 1171-248 CUL DE SAC ON NIAGARA a Page 10, 6/21/71, Regular Meeting Councilman Hintz said the drainage problem is quite serious at the rad of a block in Cavanaugh Addition. A proposal Was received from Belgarde. It was thought that additional work should be done other than the pro- posal to just put in a ditch in there. Councilman Hintz would like to see the village take a stringent stand on this and make sure Belgarde does the job properly and also see the Village Manager work along with the homeowners and Belgarde to see that this correction is made promptly. MOTION was made by Mayor Hilda, second by Councilman Spaeth directing the Manager to coordinate this whole project and develop a proper solu- tion for these citizens. notion carried c aye vote. 0 RE: BEI.OARDE PROBLEM The Northwestern Bell Telephone Company proposes a rate increase and will hold a hearing before the To is Service Commission, 410 State Office Bldg., at 10:00 A.M., July 6, 1971 MOT10N wa's made by Councilman Hintz, second by Councilman Johnnon to adjourn at 12:30 AAM. Village glerk 4