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HomeMy WebLinkAboutCity Council Minutes 08-16-19711' II i' MINUTES OF A REGULAR COUNCIL MEETING PLYMOUTH, MINNEWrA AUGUST 169 1977 G A regular meeting of the Plymouth Village Council was called to order by Mayor Hilde at,.7:40 P.M. on August 17, 1971. PRESENT: Mayor Hilde, Councilman Johnson, Spaeth and,ilunt, Manager Willis, Planner Overhiser, Rngluser' Rudrud, AttorAeq Lefler and Consultant Engineer Bonestroo, ABSENT: M11IL! 'ESW Councilman Hints, out of town. NO",'TON was made by Councilman Hunt, second by Councilman Spaeth to approve RE: MINUTES thq minutes of July 26, 1971. Notion carried, unanimous vote. APPROVED NOTION was made by Councilman Johnson, second by Councilman Spaeth to approve the minutes OVAugust 2, 1971, Notion carried, unanimous vote. MD?ION was made by Councilman Spaeth, second by Councilman Johnson to approve the minutes of August 9, 1971. Motion carried, unanimous vote. BID AWARDS' MOTION was•%w.de by Councilman Johnson, seed by Councilman Spaeth to adopt RESOLT"Y'ION N0. 71-293, A RESOLUTION AWARDING "..HE BID FOR PROJECT 171-1,2,0,8-A, PART 1, WEST MEDICINE LAKE WATER AND'SEWFR IMPROVENENT, NORTH OF 23RD AVENUE NORTH, TO AUSTIN P. KELLER, 48, FRANK AVENUE,, STa, PAUL, MINNESOTA IN THE AMOUNT OF $752,869.35. Motion carried 4 aye roll call vote. MOTION was made by Councilman Johnson, second by Councilman Hunt to adopt RESOLUTION N0. 71-294, A RESOLUTION AWARDING THE BID FOR PRQTECT 171-162,068-A, PART 2, WEST MEDICINE LAKE WATER IMPROVEMENT AND STREET RES700ATIONO SOUTH OF 23RD AVENUE NORTH, TO HOFFMAN BROTHERS, ATWATER$ MINNESOTA IN THE AMOUNT OF $307,434.87. Motion carried 3 aye roll call vote, Councilman Spaeth voted against. NOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt RESOLUTION N0. 71-295, A RESOLUTION AWARDING THE BID FOR PROJECT 171-S,A HARBOR LANE STREET LIGHTING TO EGAN-MCKAY, 7100 MEDICINE LAKE ROAD, IN THE AMOUNT OF $71793.00. Motion carried 4 aye roll call vote. With regard to the bid ward for Project 171-1,0-K, Shen ;doah Water and Sever Inprovement, 'Zoouncilman Spaeth said we do not 1...* a Devel- oper's Contract signed yot. Manager Willis said there were conditions established by the Council concerning the final plat and he stated whit they were. Councilmar. Spaeth Questioned the street easement on the south side. Mayor Hilde directed the Manager to loQk at this and he recommended that the bid ,award be deferred Mending the Manager's report on the road. Council, agreed. O 0 RES. NO. 71-293 BID AWARD PROJ. 171-1,:,0,8-A PART 1 RES. N0. 71-294 BID AWARD PROJ. 171-192,0,8-A PART 2 RES. N0. 71-295 BID AWARD PROD. 171-5,A RE: PROJECT 171-1,0-K SHENANDOAH BID 0 Page 2. August 16. 1971 'Regular Meeting, Councilman Johnson questioned the relationship to Ban Con. Inc. on the Shenandoah development park band and imsnitles. Manager Willis said the owners made these contributions to the Village according to the ordinance and gave right of way on Niagara Lane to the park system several years back. ,This was $75 per acre plum 40' right of way on Niagara Lane. The park land dedication was for the whole development.. C,,unclIsm Johnson said he wanted a formula on this so another developer does not come in and uses this as a comparison. Mayor Bilde directed the Manager to got an analysis of how we arrived at the park dedication. Councilman Spaeth said he would like to see approval from the Attorney on the homeownerle ,association which should be compared to Baan Con's. Councilman Hunt should ghat together with the Manager or Councilman Hints to get something,on this before our next meeting. PETITIONS. REQUESTS b COMMUNICATIONS Pastor Robert J. Terrey of the Plymouth Baptist Church asked for a Subdivision Waiver of Plat 44550. Paival 2045 to create three new lots from former Tract1B of Registered Land Survey #466. Tract B••2 will be used for a single family dwelling and Tract B-3 for two temporary classrooms. NOTION was made by Councilman Hunt. second by Councilman Johnson to adopt RESOLUTION N0. 71-296. A RESOLUTION APPROVING THE SUBDIVISION WAIVER OF PLAT 44550. PARCEL 20450 FOR THE PLYMOUTH BAPTIST CHURCH AT COUNTY ROAD 0154 AND 47TH AVENUE NORTH. Motion curried 4 aye roll call vote. Mrs. Raymond Pacygo displayed a blssaprint of their proposed addition to their home it 805 Lanswood Lane. A Conditional Use Permit is re- quested to operate a beauty salon in their residence which will to above the garage with entrance to said salon by a walkup stairway through the garage. MOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt RESOLUTION N0. 71-2976 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR RAYMOND PACYGA TO OPERATE A BEAUTY SALON IN THEIR RESIDENCE AT 805 LANEWOOD LANE. Motion carried 4 aye roll call vote. Mrr. Etta Hess. 2725 Kirkwood Lanei appeared before Council and said she +.s requesting that she not be required to connect to the sanitary sewer and that the quarterly sewer charge be waived as her septic system is functioning properly. The quarterly charge is creating rt hardship for her and the Old Age A@distance will not assist her with the expanse of a connectton as long as the present system is working. Councilman Hunt said a floodgate of problems would be created if Ore waived this for one citizen. The Village income is based on these assessments and he felt :ger request should be denied. Manager Willis aid she could get assistance if the system failed. Councilman Hunt recommended that the Manager research this item further. 0 RE: SUBDIVISION WAIVER. PLYMOUTH BAPTIST CHURCE RES. N0. 71-296 SUBDIVISION WAIVER APPROVED RE: CONDITIONAL USE PERMIT - RAYMOND PACYGA RES. N0. 71-297 CONDITIONAL USB PERMIT APPROVED RE: REQUEST TO WAIVE SEWER BILL ETTA HESS Page 3, August 16, 1971, Regular Meeting INION was made by Councilman Hunt, second by Councilman Spaeth that this Item be referred back to the Manager, "At may affect other cases in the Village', and that he report on the policy of Old p.ge Asslatince and/or other agencies with regard to assisting persons w1ho are required to connect to the Village's water or sanitary sewer system. MOTION vas made by Councilman the Council defer action until Motion carried 4 aye votes. Spaeth, second by Councilson Johnso» tLat a report is received from'+he Manager. Mayor Hilde said the Manager has been on the ruling for this and the Manager this regard.. 0 asked to get the two agencies together said ho will contact kre, Hess in . MOTION eras made by Councilman Johnson, second by Councilman Spaeth to adopt RESOLUTION NO., 71-298, A RESOLUTION TO ACCEPT THE PARK CON1'RI- BUTION OF $279500 FROM BAN CON, INC. OF ST* PAUL WITH PAYMM SCHEDULE OF SAID SUM TO BE REFINED IN THE CHELSEA WOODS FIRST ADDITION DEVELOP- MENT CONTRACT. Motion carried 3 aye roll call vote, Councilman Hunt, abstained. MOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt RESOLUTION N0. 71-2990 A RESOLUTION APPROVING THE AMENDMENT OF RESOLUTION N0, 71-272 20 DELETE H:.00KS 8 AND 10 AND INSERT BLOCKS 5 AND 6 IN THE CHELSEA WOODS FINAL PLAT PLAN. Motion carried 3 aye votes, Councilman Hunt abstained. MOTION vas made by Councilman Joheuon, second ')y Councilman Hunt to adopt RESOLUTION N0. 71-300, A RESOLUTION APPROVING FINAL PAY14ENT TO BERGERSON-CASWELL, INC., 13120 WAYZATA BLVD. IN THE AMOUNT OF $6414.00 FOR PROJECT #71-09C DEEP WELL NO. 1 REDEVELOPMENT. Motion carried 4 aye roll call vote. Manager Willis said that the Ponderosa developers have complied with the recommendations made by the Council on June 22, 1970 as he explained in his meow of August 13, 1971. MOTION was made by Councilman SFaeth, second by Councilman Johnson adopt RESOLUTION N0. 71-301, A RESOLMION ACCEPTING 'rHE FINAL PLAT DEVELOPMENT CONTRACT FOR THE PONDEROSA DEVELOPMENT LUCATBD WEST OF DUNKIRK LANE BETWEEN 25TH AND 28TH AVENUES NORTH AND THAT EVEREST SHALL HAVE AN ADEQUATE CUL DE SAC EASEMENT INCLUDED IN THE PLAT. Motion carried 4 aye roll call vote. RBS: N0. 71-299 BAN CON, INC. PARK ' CONTRIBUTION RES. N0. 71-299 AMEND RES . 'NO. 71-272, BAN CON 1ESt 10. 71-300 FINAL PAYMENT DEEP WELL /1 RE: PORDEROSA to RES. N0. 71-301 AND FINAL FLAT PLAN PONMEROSA LANE Manager Willis said that in January 1965 preliminary plat approval was given on Creekwood Heights Second Addition. The final plat received approval on June 2, 1969. A contribution of $1,789.50 will be received for park contribution. One thing remaining is the execution of the development contract. Developer, Mr. Floyd 8. Olson, said previous to purchase of this property he talked to members of the Council and Acting Manager regarding the 25% dawn payment required for public improvements. He was told he would not have to pay this. It would bo part of the taxes and building permits Issued accordingly. We are getting one lot at a time. The plat was already finalized. We were willing to give money in lieu of land for RR,; CREEKMD HEIGHTS SECOND ADD;'T ION 0 J 1 Page 4, Augurt 16, 1971 Regular Meeting parka and will go along with the bond, but do not feal we should put up the 2352 for improvements Ilia Council discussed this with the Attorney, who said the plat is not signed until the development contract is worked out. Iu 1969 developers were required.t%; put in the utilities and pay 1002 of the estimated cost oy cash or bund. Vt%in this became a burden and the ordinance represents an adjustment made at that time. Ve finance 752 of it and the balance vee to be paid to e.a when building permits are issued. Improvements here are part of the Went Medicine Lake Projects ! and 2. Councilman Spaeth said this is an entirely different situation for Improveawnts, they will be put in even if the land is not developer; and assessed for 30 years. Manager Willis said he appreciated Council'o concern, this has been pending for two years, there is no question that the developer desires to out the improvements in and be assessed. The;• could wait until next spring and the roll adopted and have what they grant. Attorney Lefler said you should have a Subdivision Contract Ro do this before he gets a building permit. Mr. Olson said there is a matter of a time element, he must close it this week. Manager Willis said thie should be worked out in legal language on a normal assessment policy with a condition that the total assessment'411 have been paid at the time the building permit is issued. e0a4'60N was made b, Councilman Hunt, second by Councilman Spaeth directing the Manager to have the Attorney work out an agreement regarding the assess- ment policy for Creekwood Heights Second Addition improvements and execute the contract as revised. Motion carr.ed 4 aye roll call vote. RESOLUTIONS b ORDINANCES MDTION was made by Councilman Johnson, seco:d by Councilman Spaeth to adopt ORDINANCE 140. 71-19. AN ORDINANCE AMENDING THE VILLAGE CODE AND PROVIDING FOR THE REGULATION OF USES OF VILL.AGP PARKS AND CONDUCT THEREIN WITH AN AMENDMENT OF THE FIRST PART OF ,PARAGRAPH 11.1' VEHICLES, TO READ AS FOLLOWS: No motorized vehicles or machines of any kind or character, except those operated by and for the Village of Plymouth or other competent governing authirity, shall drive on or acro&s park lands, the ice of skating rinks, whether lakes or flooded. ate." Motion carried 4 aye rol,'. :all votes. LICENSES b PERMITS MOTION was made by Councilman Johnson, second by Coune l.man Hunt to approve the Cesspool Pumping License reeewals for the rollowing: Armstrong Cesspool Service of Osseo. Minnesota Widmer Bros. of Spring Park, Minnesota Roto Rooter Sewer Service. 2231 Edgewind Ave, S., Minndapolis, Minn. Motion carried 4 cre vote, W ORD. N0. 71-19 PARK USE REGUL%TIONS RE. LICENSE RENEWALS C ff S_ Page 5. August',16, 1971 Regular NeetinR DISBURSEtMNT§ l) MOTION w+;d made by Councilman Huntp second by Council man Johnson to,adopt RES. NO. 71-302 RESOLUTION N0. 71-302. A RESOLUTION APPROVING THE GENERAL FUND DISBURSE- GENERAL FUND MENT,`, FOR THE PERIOD ENDING JULY 300 1971 IN THE AI U17 OF $5,070.21. Motion cm;ried 4 ayo roll call voter MOTION va!,marde by Councilman Johnsomp second by Councilman Hunt to RBS. N0. 71-303 adopt,RESOLUTION,NO. 71-x,03. A RESOLUTION, APPROVING TIM CONSTRUCTION CONSTRUCTION b AND SINKING FUND FOR THE PERIOD ENDING JULY 30. 1971,IN THE AMOUNT 0 SINKING FUND 7.90. Motion carried 4 aye roll call vote. 1 NDTION was glade by Councilman Hunt. second by Councilman Johnson to RES. NO. 71-304 adopt RESOLUTION N0. 71-304. A RESOLUTION APPROVING THE GENERAL FUND GENERAL FUND FOR"THE PERIOD ENDING AUGUST,16. 1971 IN THE AMOUNT OV $10057.229.22. Motion carried 4 aye roll call vote. INION was made by Councilman Johnson. second by Councilman Runt, to RES. We 71-305 adopt RESOLUTION NO. 71-305. A RESOLUTION APPROVING THE CONSTRUCTION CONST.RU710H b AND SINKING FUND FOR THF PERIOD ENDING AUGUST 16. 1971 IN THE AMOUNT SINKING FUND OF $2,6704`28-:17. Motion carried 4 aye Toll call vote. 0 MOTION was made by Councilman Johnson. second by Councilman Hunt to RE$. NO. 71-306 adopt RESOLUTION N0. 71•-306. A RESOLUTION APPROVING THE PAYROLL DIS- PAYROLL BURSEMENT FOR, THE, PERIOD ENDING AUGUST I5. 1971 IN THE AIS p" ,OF 27.775.26. Notion carried 4 aye roll call vote.' 1 MISCELLANEOUt, MOTION was made by Councilman Hunt, second by Councilman Johnson to RE: FIRST MEETIW hold a special Council meeting on September 13. 1971 in lieu of Sept. IN SEPTEMBER 6. 1971 which is a holiday. Motion carried, unanimous vote. Manager Willis spid the ?lymouth Fire Dept* has a burning permit to be RE: BURNING used at their discretion for the burning of Dutch Elm trees. They also PERMIT AND have a tentative permit to dispose of the Jonquil Lane project trees. 0LICE SIREN The Police Chief received word that the Civil Defense people have approved our requeut for $3.080 for half of the expense required for the first Civil Defense Siren. MOTION was made by Councilman Johnson. second by Councilman Spaeth to adjourn at 9t00 P.N. Motion carried, unanimous vote. Carolina Hanf, Clerk