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HomeMy WebLinkAboutCity Council Minutes 09-20-1971Y- MINUTES OF A REw AR com CIL PLYMOUTH; MINNB'WTA SEPTBM IR, 20, '071 MEETING 0 A regular meeting of the Plymouth Vill4 ge Coup' it was called to order by Mayer Hilde at) 6:40 P.M. ) on September 20, 19"ile , PRESENT: Mayor Hilde, Councilmen ,Johne4n, Spaeth and Hrp1 t, Manager Hillis, Engineer Rudrud, Planner Ovq? is r. ,ttorney lira;: and Consultant Engineer Bonestroo. , Lr AMER: Councilman'Hinta MINUTES r MOTION was made by Ccunctlman Johnson, 0ecomil by Councilman Spaeth to approve the minutes of Sot -to 130 1971 with a correction on page 7, the vote on Resolution d71-329 should state It,W a posee6 by a 4 aye vote and Councilman Spaeth votc}d nays. Votien twi ilad 4 eye votes. r REPORT Richard O'Fallon, Plymouth's represancativejto the Bassett Creek Flood Control Commission, appeared before the Cour+cil to review the Commiss- ion's Cost Allocation Rej:iort of Aufmot 14, , 971 and recel+ a the Cour- cil's !Comments on same. ," He said t?`e blue b,ok of the Cow6leslon' a manual pages 26 through 29, was not to mint of the Commission,member's liking. It was too wide open ands not enovg' definition, A number of questions were raised and after discussion It das detirmined to form a committee and this is their, reports and recor6andatiorh . The report has not been adopted by the Commissicin. It 'nasi been re4tewed. The next step is to put most of the recommendations ltlto the book. The report was not in a form applicable to the Blue book., The $2,060 per acre to a working num- e RE: MINUTES OF, SEPT. 131 1971 RE: BASSETT CREEK FLOOD CONTROL COST REPORT ber and any land in,Plymouth and ny of thee; other nine municipalities that is needed by this group will be paid for by the %'2,000 per acre. If a developer's land and the park donation bocomes flooded, then Plyvout't would be credited at $2;,000 per afire or Nit whatever this working number will he. For this report they are using Mke $2,000 figure. Minnetonka procured and has almost; all the );and neces! ary for their flood control which they will, be paid and cred.ted the 000 or whatever figure shall be used per acre. Plymouth may,hava an advantage because of the open ]sad still under devel- opment north of Medicine Lake and we may bb able to ptocure it or get it Revised 10/4/71 donated for less than $2,000 per acre. They also recommended numerous options that can be taken. (1) Bverythinijl under a storage plan, no tunnel, everything upstream ftlom Minneapolis, (2);Buildinq a new tunnel through j Minneapolis which will, cost quite a lot..go they talked about getting storage routes. Colonel Cox has just. recontly been assigned and they have a new slant on this. They have reviewed this and one big hang up is that we are in an entity that can be directed by the Corp. We got Hennepin County to put into writing that if for some reason the watershed group should cease to funct on they would be the entity that the Corp would work with. The Colonel satd that would not be good enough. The Corn will no` operate west of Sweeney Lake. r MEETING 0 A regular meeting of the Plymouth Vill4 ge Coup' it was called to order by Mayer Hilde at) 6:40 P.M. ) on September 20, 19"ile , PRESENT: Mayor Hilde, Councilmen ,Johne4n, Spaeth and Hrp1 t, Manager Hillis, Engineer Rudrud, Planner Ovq? is r. ,ttorney lira;: and Consultant Engineer Bonestroo. , Lr AMER: Councilman'Hinta MINUTES r MOTION was made by Ccunctlman Johnson, 0ecomil by Councilman Spaeth to approve the minutes of Sot -to 130 1971 with a correction on page 7, the vote on Resolution d71-329 should state It,W a posee6 by a 4 aye vote and Councilman Spaeth votc}d nays. Votien twi ilad 4 eye votes. r REPORT Richard O'Fallon, Plymouth's represancativejto the Bassett Creek Flood Control Commission, appeared before the Cour+cil to review the Commiss- ion's Cost Allocation Rej:iort of Aufmot 14, , 971 and recel+ a the Cour- cil's !Comments on same. ," He said t?`e blue b,ok of the Cow6leslon' a manual pages 26 through 29, was not to mint of the Commission,member's liking. It was too wide open ands not enovg' definition, A number of questions were raised and after discussion It das detirmined to form a committee and this is their, reports and recor6andatiorh . The report has not been adopted by the Commissicin. It 'nasi been re4tewed. The next step is to put most of the recommendations ltlto the book. The report was not in a form applicable to the Blue book., The $2,060 per acre to a working num- e RE: MINUTES OF, SEPT. 131 1971 RE: BASSETT CREEK FLOOD CONTROL COST REPORT ber and any land in,Plymouth and ny of thee; other nine municipalities that is needed by this group will be paid for by the %'2,000 per acre. If a developer's land and the park donation bocomes flooded, then Plyvout't would be credited at $2;,000 per afire or Nit whatever this working number will he. For this report they are using Mke $2,000 figure. Minnetonka procured and has almost; all the );and neces! ary for their flood control which they will, be paid and cred.ted the 000 or whatever figure shall be used per acre. Plymouth may,hava an advantage because of the open ]sad still under devel- opment north of Medicine Lake and we may bb able to ptocure it or get it Revised 10/4/71 donated for less than $2,000 per acre. They also recommended numerous options that can be taken. (1) Bverythinijl under a storage plan, no tunnel, everything upstream ftlom Minneapolis, (2);Buildinq a new tunnel through j Minneapolis which will, cost quite a lot..go they talked about getting storage routes. Colonel Cox has just. recontly been assigned and they have a new slant on this. They have reviewed this and one big hang up is that we are in an entity that can be directed by the Corp. We got Hennepin County to put into writing that if for some reason the watershed group should cease to funct on they would be the entity that the Corp would work with. The Colonel satd that would not be good enough. The Corn will no` operate west of Sweeney Lake. Page 2, Regular Meeting, Sept. 20, 1971 N Councilman Spaeth questloned the $2,('J0 per acre but felt we would be coming out ahead. It is too low,fcr everybody and I wonder if it will be kept at that. In Plymouth we have low land for,ponding evailable. T"ere is no pond- Ing problem here so the most economical way is the way we/should go. Mr. O'Fallon 'said we would do that for evevone. If you go,to a tunnel route there will be less' ccst we. will pick up more land. Some municipalities cannot pick up any land. Medicine Lake Village cannot do anything.. Ilie only way they could pick lip credits is if they would flood the.shoreline and it would cause credits. There are some citizens around Sweensy Lake who brought up a suit against Golden Valley to cease dumping storm sewer matter into Sweeney Lake. Coun 'ilman Johnson asked if you go to a public hearing will they use $2;000? Mr. O'Fallon said it will be a number.the Commission feels to be realist's. Councilman Johnson said the communities stsould get land they want and Mr. O'Fallon agreed. It is being asked that the land be acquired by January 1975 said Councilman Hunt, Mayor Hilda said he hAs these concepts: (1) Upstream ponding concept; I would Ake. to mention in connection with that point that environmentalists would agree with this concept and give weight to,it, keep moisture in our area, aesthetics, ducks, etc. (2) Are ore in some cases donating or selling ponding area to the Commission? Is it possible we will be losing valuable tax base or can we be selective? Councilman Hunt said the ponding will no doubt take place above Medicine Lake. There is already ponding in Medicine Lake. Mayor Hilde,asked, do we have enough feeling about the location of the ponding area to be sure that selling it to the Commission will not advetsely affect our tax bade? I want us to clearly come to a conclusion that thioa !s wood for us, aesthetica anct,ponding and what land rre we going to gtvT up? It would probably be single family or parks, whits, would not matter. Does that sound right? Mr. O'Fallon sa4.d the area upstream.from 1;494 along Plymouth Creek, if we picked up maximum storage conditions in terms of donation procurement that land would make an excellent plan and if the Commission decided they only need 75% of it that could be relinquished back to private ownership again. Councilman Hunt said it could never develop because it is too low. fir. O'Fallon said if you leave :t as a swamp that is something else, but if you want to develop it aesthetically that is something else. Mayor Hilde said some people say that is not good land be- cause it will get flooded but that is good :or it would serve two purposes, i.e., park or wild area and flood ponding. Is it safe to conclude that we would be better off that way then? Yes, said Mr. O'Fallon, it may be cheaper to go the tunnel route but wu may feel later we vished to pyo the other way. 'Mayor Hilda said some people may feel we should have preserved our wild life. On the 52,000 let us say it is too low. Plymouth will be providing most of the land for storage so that being the case if the land is slightly low we tend to lose more because we have more acres. So we want to be sure we are not losing even a little bit, as we have so much land. We have to buy or option. Mr. O'Fallon said if you wait too long ,you may pay more than $2,0(10. I cannot see how Plymouth can lose if we pick up options that we need and any peripheral land we'may need in that area, you can always back down from it later. Councilman hunt asked, isn't it possible to have it guided in the guide plan? It was agreed it could. Mr. O'Fallon said yas, especially that below Medicine Lake. Mavor 11ilde said that is why we have to seriously consider the storm Rawer guide plan. Mr O'Fallon asked if the cost for the Shelard park storm sewer was in the budget. Manager Willis said it is. Mayor Hi%de questioned hart 4 of the Recommendations pertaining to a deed or nesament. Mr. O'Fsllon r i Page 3, Regular Meeting, Sept. 20, 1971 described the difference between the two. Mayor Hihde-felt this may restrict us too much in the way we may get this land. Mr.;O'Fallon said it Was not the intent to be restrictive but you will have to have more than an option. Mayor Hilda said I just want,you to know it is,there that way and note this. For Mr. O'Fallon's information he was told that fiche oondina'conceut was acceut- able to the Council. Mr. O'Fallon asked If/ Council is objecting to the tunuelling ten? He was told he could say ponding is our preference. Mr. O'Fallon ani the ditch is not cheap either. Most of the ponding land will be picked up at Plymouth so most of the $2,000 will come back to us so you can' estimate that most of the land will be Plymouth land. Mayor Hilda asked if we should say we think the $2,000 figure is low then? Councilman Hunt said most of the land ranges around $3,000 per acre. Cou\neilman Spaeth said if we shoot for a higher figure the others may say let us L%ve an appriased figure it vill not take much to offset that. Talking about a new ditch through Minneapolis think how much that will cost. '!that's where we have to be careful. Mr. O'Fallon said the''lotad above the tunnel is condemned and so they may go another route. Mayor Hilda aaid, say_ve_are n favor of theflat acreage fee but feel fte0 may be a bit low but we have no further advice in the matter. Mr. O'Fallon said they would not go the appraised route, New Hope, Robbinsdale and Crystal indicated they like this. Golden Valley made no comment and there was no feedback from St. Louis Park. Mayor Hilde asked if they agreed with the statement and the Council said yes. The Mayor said we could do a better job if we can get our storm sewer study done. Mr. O'Fallon felt we could mark time, for another year. Mayor Hilda said I did not mean 4 -his in respect to the public hearing, I meant this in reference to buying land. Councilman Hunt complimented Mr. O'Fallon for doing such a marvelous job. Mr. O'Fallon said Fran Hagen has given him a lot of halp at the meetings. PETITIONS, REQUESTS b COMMUNICATIONS Manager Willis reviewed the Planner's memo of Sept. 16, 1971 concerning RE: SUBDIVISION a petition for a subdivision waiver received from Mr. William Benson, WAIVER, W. BENSON 1150 N. Highway 11101 for Lot 32. Block 14, City View Acres. The Council had previously expressed c ncern that if this petition was approved. adjacent properties would become landlocked. Mr. Benson said that in talking with these landowners, they have expressed no objection to his petition and said they have no desire to divest themselves of their lot depths at any future date. Mr. Benson said that the property he owns is becoming a hardship for him to bear and that was the reason for this request. MOTION was made by Councilman Spaeth, second by Councilman Hunt to adopt RES. N0e, 71-331 RESOLUTION N0. 7.1-331. A RESOLUTION APPROVING THE SUBDIVISION WAIVER OF SUBDIVISION WAIVER LOT 32. BLOCK 26 CITY VIEW ACRES REQUESTED BY WILLIAM BENSON, 1150 N. APPROVED. W. BENSON HIGHWAY 1101, SUBJECT TO A 15 FOOT EASEMENT ON THE CAST SIDE MR A FUTURE STR:=6 Notion carried 4 aye roll call vote. The Planner's report and recom andation of Sept. 16. 1961 concerning a REt SUBDIVISION request for a subdivision waiver on Lot 4. Block 20 Hidden Lake Addi- WAIVER. K. CYPHER tion freceived from Earl T. :;ypher, 1210 Goldenrod Lane, was reviewed by Manager Willis. MOTION was made by Councilman Spaeth, second by CounciLnan Johnson to Page 4, Regular 3ieting,' Sept. 200 1971 adopt RESOLL'TION N0, 71-335. A RESOLUTION SETTING THE DATE F OCTOBER PUELIC HEARING MOTION was ' made by Councilman Spaeth, second by Councilman ilunt 'to adopt RES. NO. 71-332 RESOLUTION, N0. 71-3320 A RESOLUTION APPRmon THE SUBDIVISION WAIVER SUBDIVISION WAIVER ON LOT 4. BLOCK 2. HIDDEN LAKE ADDITION REQUESTED BY EARL T. CYPHER, APPROVED, E. CYPHER 1210 GOLDENROD LANE. Motion pirried 3 aye roll cell vote. "Mayor Hilde voted nays. i 0 Mr. Jerry Harrington, 12110 45th Ave. N., asked the Counctl to consider RE: V)XATION OF his request'to vacate the South 5 feet of a 10 foot utility easement I!TILITY EASEMENT located on his property. Lots 5 and 6, Block 2, Shorewood Acres Addition.J. HAR>t NGTON K)TION wa's made by Councilman Cpaeth, second by Councilman Johnson to RESP, 71-333 adopt RESOLUTION :j0. 71-333, A RESOLUTION SETTING THE DATE OF OCTOBER PUBLIC IEARINC 18, 1971 AT 7:30 P*.?1, FOR A PUBLIC HEARING TO CONSIDER THE VACATION'' TO VACA E EASEMENT OF THE SOUTHERLY :IVE 5) FEET OF THE- UTILITY EASh tENT ON LOTS 5 b 6 SHOREWOOD ACRES ADDITION. *lotion carried 4 aye roll call vote. MOTION was made by Councilman Spaeth, second by Councilman Johnson RES. NO.' 71-334 to adopt RESOLUTION NO. 71-334. A RESOLUTION GRANTING A VARIANCE TO VARIANCE THE BUILDING CODE TO ALLOW BAN CON, INC. TO CONSTRUCT DETACHED GARAGES BAN CON.,INC. A FEET FROM THE TWIN STRUCTURE. IN Till: CHELSEA 140ODS DEVELOPMENT ACCORD- INC TO THE REQUIREMENTS OF THE UNIFORM BUILDING CODE. Motion carried 3 Aye roll call vote. Councilman Hunt abstained. MOTION was made by Councilman Spaeth, second by CounciLnan Johnson to 1 RES. 110. 71-335 adopt RESOLL'TION N0, 71-335. A RESOLUTION SETTING THE DATE F OCTOBER PUELIC HEARING 40 1971 AT 7:30 P.`I. FOR A PUBLIC HFART`n '"n CONSIn R THF INSTALLATION W:,TFR MAIBI ON OF A WATER' *LAIN ON NATHAN LANE FROM PILGRIM LANE. TO 26T11 AVE. NO. NATHAN LAME Motion carried 4 ayP roll call vote. MOTION was made by Councilman Spaeth. second by Councilman hunt to RES._ NO. 71-336 adopt RESOLUTION N0. 71-3:36. A RESOLUTION SLTTTNr, THE DATE OF OCTOBER PUBLICHEARING 18, 1971 AT 8:45 P.M. FOR A PUBLIC HEARINC TO CONSIDER THE STORM C011h"TY ROAD #18 SEWER IMPROV13MENT P OJI CT #71-2-A. (COUNTY HWY. PROD. 067n7 A inin) AT STn%*1 SEWERS COUNTY ROADS #18 .i h0 AND AT 8:30 P.M. TO CONSIDER T11E STOr.II ;EWER I=%OV1:R NT PROJECT ').-w-n (COUNTY 11WY. PR.OJ. (6912) AT Covm'Y 1,001: 18 & G14. Motion carried 4 aye roll call vote. MOTION wan made by Councilman Hunt, second by Councilman Johnson to RES. N0. 71-337 adapt RESOLUTION Wo 71-337,:A RESOLUTION, APPROVING FTNAL PAYMRWr IN FINAL PAYMENT THE VtOLINI' OF $1.790.10 F'OR PUMPROVSK n2 PROJECT 07n -O -A TO THE PROJECT #70-0-A CG,1 10NWEALTII ELECTRIC; CO. OF ST. PAUL, MotiOn cArried 4 aye roll call vote. LOTION wns made by Councilman Johnson, seco,id by Councilman Hunt to adapt RESOLUTION NO. 71-"13$. A RESOLUTION APPROVING FINAL PAYMENT IN THE. AMOlUr OF $10.323.28 FOR PROJECT #7n -.1-4A MX MEM)nWS STCIR?t SEWER TO C. S. %mccRncSAN Ol, nSSI'Oo ttoti.on carri od 4 nye roll call vote. 1.1xVNSES & PERMITS MOTION wat; made by Councilman Ilunt, second by Count ilman Jolingon to approve the Well Drillers 14tcense for Wally `+nlenke Well Co., 9580 CClunker Lane, Osseo, `xinn. "lottan carrieJ 4 Aye roll call vote. Ij RES. NOk 71-338 FT NAL PAYMENT PROD. y `M -2-A RE: INIEL o PRILLERC T,10ANSI:. IJ. MALFNKC Page 5, Regular !teeting, Sept. 20, 1971 '\ It MOTION was made by Councilman Johnson, second by Councilman -Hunt to approve a Gasoline Service Station License for Bud's Texaco Station at 9605 36th Ave. N. Motion carried 4 oye roll, ca:1 vote. y., DISBURSEMENTS MOTION was made by Councilman Johnson, second by Cotmcilman Hunt to adopt RESOLUTION N0. 71-3399 A RESOLUTION APPROVING TIVE ,PAYROLL DIS1- BURSEMENT IN THE AMOUNT OF $279684.92 FOR THE PERIOD ENDING SEPT. 150 1971. Notion carried 4 aye roll call vote. a MOTION was made by Councilman Johnson, secold by Councilman Hunt to adapt RESOLUTION N0. 71-340, A RESOLUTION APPROVING THE G0FRAL MsT DI5BURSU ENT IN THE AMOU\"T OF $769494.22 FOR TIM VeRIOD RIDING SEPT. 20, 1971. Motion carried 3 aye roll call votes, Councilman Spaeth voted naye. MOTION was made by Councilman Spaeth, second by Councilman Johnson to adopt RESOLUTION N0, 71-3416 A RESOLUTION APPROV;IIG THE CONSTRtTCTpON A.N'D SINKING FIFO DISBURSE?q:NT IN THE A''tOUNNT OF $91109085.88 FOR THE PERIOD END':NG SEPT. 20, 1971. "lotion carried 4 aye roll call vote. MISCELLA,\E(ITIS Inasmuch as all property will have to 5e re-evaluated in 1972 ane. the Council has discussed hiring a full time Village Appraiser, Manal;er Willis advised teat he has a qualified person in hind for this position who can start 04.%tober 15th for $10,52A per year. Councilman Httnt said he preferred acting on this appointment after the 1972 Village Radget has been adopted and the Council agreed with him. *tanager Millis said the man is presently employed and could wait. tayor Hilde asked the Council if they would be willing to briefly dis- cuss the tworoughfare Guide Plan and Planning C4mmisaion criteria reports received from the planning Commission with them at the quarterly dinner r:eeting next Monday. After that a quick review can be made as rr.r na they have, pone for a general reaction so they can adopt It then present it formally to the Council for action. The Council agr+3ed to have this informol. discusgion on the two reports. RE: GAS STATION LICENSE - BUD'S TEXACO RES, NO, 71-3319 P7YROLL DI SBURSF.%N"r RES. N0. 71-340 GENERAL FIND ' DISBURSEMENT RES. NO. 71-351 T01\'STRUCTION Ac:D SINKING FlMr DISB. RF; VP()TN1T,,1F.NT or APPRAISER RF.: PLANNING r,rrrI oTnN RFPORTS OTION was made by Councilman Spaeth, second by Councilman Johnson to RES. N0. I1-342 adopt RESOLUTION 1,xOo 71•-342, A RESOLUTION ORDERING THE PUBLICATION OF ASSESSMENT HEARING NOTICE OF PUB16.Ci HEARING Mr R Till' PROPOSED ASSFaSSMENT OF PROJECT PROJ. #71-0,R-11 071+•O, R-11, 36Ttt AV"". NO. ZACHARY TO JONQUIL LkIES 'WATER AND STP.EET IMP'ROVEH NT To BE HELD AT 7:30 P.M. ON OGT. 7, P71 IN THE PUBLIC 14ORKS MUNICIPAL BUILDING COUNCIL C ll.& BER5. Motion carni+ed 4 aye roll, call vote. Mane,, Willis said it is possible he may receive a hearin,,1 wa%.ver as only twc parties are involved in the assessment. 1 0 Page 6, Regular Meeting, Sept. 20, 1971 MDTIOY was made by Councilman ,Johnson, riecond by Councilman Spoeth to adopt RESOLUTION NO., 71-34310 A RESOLUTION DIRECTING BONESTRO09 ROSENE, ANDERLIK b ASSOCIATES''TO PREPARE THE ASSMSMENT ROLL FAR PROJECT 71-0,8-H 36TH AVENUE, ZACHARY TO JONQUIL LANES WATER AND STRE-, 'IME- ROBD-fMT FOR $1190743a Motion carried 4 aye roll call vote. MOTION was made by Councilman Spaeth, second by Councilman Johnson to adjourn at 8:00 P.M. Motion carried, unanimous vote. W o 0 Carol!,ne J. Hanf r CleIrl- i RES. NO. 71-343 PREPARATION OF ASSESSMENT ROLL PROD. i,}71, -0,8-H 4 1 r yr i i r I