HomeMy WebLinkAboutCity Council Minutes 08-16-19711'
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MINUTES OF A REGULAR COUNCIL MEETING
PLYMOUTH, MINNEWrA
AUGUST 169 1977
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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.
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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
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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.
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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..
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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
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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,
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ORD. N0. 71-19
PARK USE
REGUL%TIONS
RE. LICENSE
RENEWALS
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Page 5. August',16, 1971 Regular NeetinR
DISBURSEtMNT§
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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.
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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 $2,6704`28-:17. Motion carried 4 aye Toll call vote.
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MOTION was made by Councilman Johnson. second by Councilman Hunt to RE$. 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.'
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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