HomeMy WebLinkAboutCity Council Minutes 05-15-19721
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MINUTES OF A REGULAR COUNCIL MEETING
PLYMORTH, MINNESOTA
May 1S, 1972
A,regular meeting of the Plymouth Village Council was called to
order by Acting Mayor Hunt at 7:33 p.m. on May 15, 1972.
1
PRESENT: 'Acting Mayor Hunt,; Councilmen Nei';,. Seibold, Spaeth,
Manager Willis, Attorney Lefler, Engineer Rudrud, Planner
Overhiser, Consulting Engineer Bonestroo,,,Glenn Cook,
ABSENT: Mayor Hilde ' 0
MINUTES
MOTION was made by Councilman Seibold, seconded by Councilman Neils,
to approve the minutes of March -13, 19?2 with the following amendment:
Page 4, last paragraph: Motion to read: "Fiscal Disparities"
instead,of "Final Disparities,"
MOTION was made by Councilman Seibold, seconded by Councilman Neils,
to approve the minutes of April 17, 1972.
MOTION was made by Councilman Neils to approve the minutes of April
24, 1972 with the following "e.tidment:
u
Page 2, last paragraph: Insert after first sentence: "There
should be a requirement for drawing presentation standards,
drawing format, etc."
MOTION was made by Councilman Spaeth, seconded by Councilman Seibold,
to approve the minutes of May 1, 1972 with the following amendnieutt:
Page 7, Resolution No. 72-1651 last paragraph: Motion to read:
Councilman Neils stepped down on this issue,"
Page 6, Re: Vicksburg, Councilman Spaeth's comments: Motion to
read after original statement in minutes: "Construction is to
start at the end of Mit sv the project is completed during the
summer (non -school) months."
All Minutes Motions carried, all ayes,
PUBLIC IMPROVEMENT iffilARING
Manager Willis explained the purpose of the
pui)lic hearing: is to provide the public an
o portunity.to learn why it is being contem-
p aced and give them an opportunity to ask
questions with regard to the proposed pro j
w
oct;
if Council rocsseed ith thi r a jest bid ill
13
PUBLIC IMPROVE-
MENT
PRO E-
MENT NEARING
Project No. 208 -
Greendale Addition
and Wayzata Far,astead
Water and Sanitary Sewer.
I t 2m $
p w ps
be taken, the project ordered, construction would start, and some time
in the ball there would be assessments, at which time the public would
be gives the opportunity to be heard at a second hearing , "'his would
be the only opportunity to be heard before the project is ordered,
O
A,regular meeting of the Plymouth Village Council was called to
order by Acting Mayor Hunt at 7:33 p.m. on May 15, 1972.
1
PRESENT: 'Acting Mayor Hunt,; Councilmen Nei';,. Seibold, Spaeth,
Manager Willis, Attorney Lefler, Engineer Rudrud, Planner
Overhiser, Consulting Engineer Bonestroo,,,Glenn Cook,
ABSENT: Mayor Hilde ' 0
MINUTES
MOTION was made by Councilman Seibold, seconded by Councilman Neils,
to approve the minutes of March -13, 19?2 with the following amendment:
Page 4, last paragraph: Motion to read: "Fiscal Disparities"
instead,of "Final Disparities,"
MOTION was made by Councilman Seibold, seconded by Councilman Neils,
to approve the minutes of April 17, 1972.
MOTION was made by Councilman Neils to approve the minutes of April
24, 1972 with the following "e.tidment:
u
Page 2, last paragraph: Insert after first sentence: "There
should be a requirement for drawing presentation standards,
drawing format, etc."
MOTION was made by Councilman Spaeth, seconded by Councilman Seibold,
to approve the minutes of May 1, 1972 with the following amendnieutt:
Page 7, Resolution No. 72-1651 last paragraph: Motion to read:
Councilman Neils stepped down on this issue,"
Page 6, Re: Vicksburg, Councilman Spaeth's comments: Motion to
read after original statement in minutes: "Construction is to
start at the end of Mit sv the project is completed during the
summer (non -school) months."
All Minutes Motions carried, all ayes,
PUBLIC IMPROVEMENT iffilARING
Manager Willis explained the purpose of the
pui)lic hearing: is to provide the public an
o portunity.to learn why it is being contem-
p aced and give them an opportunity to ask
questions with regard to the proposed pro j
w
oct;
if Council rocsseediththi r a jest bid ill
13
PUBLIC IMPROVE-
MENT
PRO E-
MENT NEARING
Project No. 208 -
Greendale Addition
and Wayzata Far,astead
Water and Sanitary Sewer.
I t 2m $
p w ps
be taken, the project ordered, construction would start, and some time
in the ball there would be assessments, at which time the public would
be gives the opportunity to be heard at a second hearing , "'his would
be the only opportunity to be heard before the project is ordered,
w;
Regular Meeting May 15, 1972 Page Z
Notices have been publishel in accordance with State requirements;
mail notices have been sent to the owners of record according to
the records of County Auditor; periodic discussions at the Village
Council Meetings; and local news media concerning Village projects.
Engineer Rudrud showed sour slides showing the area on Second,Avenuo
and explained that Queens-1!tnd Lane would receive area charges since
the sewer and water :j',.:'ld be available to that area. The Greendale
Addition would receive water main lateral and sanitary sewer lateral
plus area charges ($4500+ per lot). The Wayzata Farmsteads' cost
per lot has a "0" cost for laterals and both the Greendale and Way-
zata Farmstead properties would be assessed for the area charges
which are unknown at this time,
Acting Mayor Hunt opened the public hearing at r:SO p,me
Howard E.' Budd, 1101D Quez;41and lane North: Asked if Queensland Lane
would have sewer and water on,Lr)ts 6-8-tu-1. _RsanaRer Willis explained
that this was not so, but that the resid.Pnts on Quecnb; *+d Lane would
receive an area charge based on the area'served by, the larger mains
as they would benefit from it and some day sewer and water would be
available,
Anna Baumstrum, 115D Queensland Lane North: Felt that they didn't
need it since they had a good drain field and stated that they were
too old,
Dennis R, Meyer, 17830 Second Avenue North: Stated that he received
the notice on the hearing lata and did not have time to sort out his
feelings. He didn't want to jump in without having a chance to see
what the total costs were going to be, Acting Mayor Hunt explained
that the figures submitted by the staff were only engineering esti-
mates and not bid figures, and assessments would only be based on the
final bid figure. Mr. Meyer asked why the sewer ha6 to come uown the
center of the street and wondered if economics didn't usually determine
how a project would be handled, tie felt it would be easier and more
economical to tear up sod than pavement. Acting Mayor taunt indicated
that the availability for maintenance usually dictated where lines
were placed, tie further stated that sewer and water lines are placed
7' apart and they would have to go across the street to service lots
on both sides, necessitating tearing up the streets at those points,
Mr. Meyer stated that he understood that the water would come in the
Plymouth end and the sewer would go out the Wayzata end (Council agreed
this was the case), Mr, Meyer concluded that he couldn't make any de-
cision at this point,
Acting Mayor Hunt stated that the Council didn't go into projects on
their own, normally they received requests from the public, tie read
a letter that Mayor tiilde received from a ,resident on Second Avenue
North cL,:apl.aining about the unsanitary condition he was facing on his
property.
Warren N. Nelson, 17815D Second Avenv a North: Asked if there was any
reason why you couldn't pump back up into ti,,o line that was installed
previously on Third Avenue, Engineer Rudrud explained that the cost
1/
Regular Meeting May 15, 1972 Page 3
of putting in a pump station would exceed that of the present plan.
Mr. Nelson wanted to know why the eight lots`involved weren't taken
care of when those on the hill were at a cost of $3200 instead of-,
now having to spend $S000.
Orland Larson, 17715 Second Avenue North: He felt that the $5.000
assessment was too high.
K. Selle, 17735 Second Avenue North: Voiced his opposition to the
price, but not to the sewer. Engineer Rudrud stated that the asse$s-
ment of the lots was above the average but they were large lots, and
the 1971 projects were based on what the average front footage would
be. He farther stated that the Council did review the costs and re-
quested that the staff not include the outfall cost to Wayzata, so
that if the total costs of the project were assessed including the
outfall cost it would have been about $1,000+ higher. Acting Mayor
Hunt pointed out that the Council tried to make up for not including
these lets in the 1971 project by taking $1,000 per lot out of the
Sinking Fund,
Brian K. -Johnson, 17710 Second Avenue North: He wanted to express
his opposition torthis project because 1; He has not had a chance
to look at the figures whish he believes are high; and 2) Nobody ex-
pressed a need for this project and he would like to know if there
really is. lie stated that he would prefer the Council not take any
action until Greendale residents have had a chance to review the
project and arrive at their own couclusions .
John Newman, Resident on Second Avenue North: Stated that his house-
hold has a problem and it has been serious enough to constitute a
health hazard and felt it should be corrected. lie didn't want his
neighbors who didn't want additional assessments paying for his
personal problem, but he would be interested in accepting any alter-
nate solution.
John T. Stacy, 17825 Second Avenue: He also objected to the cost and
is opposed because of the basic premise that seven out of eight need
a sewer, which is not true. lie doesn't think th:.t he will ever need
a sewer and felt that if he ever should he would be happy to dig up
his drainfield and put one in. He would be in favor of putting any
sort of easement necessary on his property (Lot 6) for John Ncwman
Lot 4) for an auxiliary drain field in his forest. He didn't know
if the owner of Lot S (largely wooded aria) would be willing, but
felt this would be a more suitable solution than the Council's pro-
posal.
Gerald LaRosa, 10S Queensland Lane: tie has 3/4 of an acre with plenty
of land for a drairt,:ield, and that most of his «eighbors'aXr retired
and could not afford Lae asse.vament. lie stated that the people would
like to know what the assessment would be, ft tin Mayor Bunt said that
in 1970 the Council came to the conclusion(after doing extensions on
total indebtednosr, etc., cost of installation on ,Items such as Metro-
politan sewers, ccanection to Minneapolis, etc.)that adjustments had
to be made in area charges. The adjustments en front footage happened
automatically by price increases which are paid for automa6ically. The
cost of the mains comes from two sources: 1) Acreage Charge and 2)
knit Charga. 'these partiv ular charge are in tho process of being re-
MOTION was made by Councilman Seibold, seconded by Councilman Spaeth,
that tho staff direct an investigation 1) to see if there is'a health
hazard in the Greendale Addition as had been'suggested; and 2) for an
alternate'solution for the one household., Motion carried, all ayes.
A,:ting Mayor Hunt requested that Manager Willis report to the Council
at the meeting on June S, 1972.
David J. Davenport of the law firm, Kelly, Odell 1
Penberthy was the spokesman for Mr. and Mrs. William
Anderson, Dir. and Mrs. J. A. CadwallL er, Jr., Air.
and Mrs. Odin Olson, And Air. and Mrs. Lewis A. Supplee
all of whom are landowners whose properties abut the
proposed development. (Dir. Davenport delivered a
letter to the Council outlining the landowners' re-
quirements before proceeding with t:iis proposal.)
RE:
ERN DONNAY HOMES
Westfield"
Preliminary Plat
A-331) Item 6.A
Attorney Lefler inquired if Mr. Davenport's position
was that the location of the street was in such a place that in order
to got the SO' width you would have to infringe on the easement and
was interpreting the sketch to mean that the western most line of the
extension of Kimberley Lane must go all the way to the center line of
the established easement. lie further stated that he advised the Coun-
cil that'the private easement could not be taken over without action
by the public body, He noted that the developer may have an answer to
that problem,
Mr. Davenport concluded that it was his understan0ing that there would
be an easement for a cul-de-sac at the end of Lawndale 1,ane, and he
could not understand why Air. Cadwallader was not notified since his
property was so materially affected.
Frank Burg of Vern Donnay homes, Inc.: The developer tried to work
with the Village staff in providing some reasonable access into the
properties, which could be accomplished by a suitable access from
1) the south end and 2) the east, end coming off .from Kimberley Lane.
The easement, does exist with regard to the easterly property line
and the present access utilized is within the 60' easement. In
platting it was the developer's thinking that by eliminating the
casement and putting in a road to service the two properties it
could give them better access to a dedicated street to be main-
tained by the Village, He poinded out that in 1964 a Mr. Anderson
had doodad to the Village of Plymouth a strip of land for roadway
acc•oss. T;13,.s was put on the 1/2 section on deeds rccorded, which,
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Regular Meeting May 15, 1972+ Page 4
viewed and will be put together by this Fall. Substantial inCreascs ,
in acreage charges are contemplated (about three times more than .9710.:,.
for front footage), and the same wouid apply to acreage charges. Mr.,''
LaRose stated that most of his neighbors only have two to a i ous holdll,I-
and the cost of this project would be too much for them.
sJ
Acting Mayor Hunt closed the public hearing at 8:30 O.m.
1
MOTION was made by Councilman Spaeth, seconded by Acting 'mayor '0 pt,
that Project No. 20S be denied. Motion carried, all ayes.
MOTION was made by Councilman Seibold, seconded by Councilman Spaeth,
that tho staff direct an investigation 1) to see if there is'a health
hazard in the Greendale Addition as had been'suggested; and 2) for an
alternate'solution for the one household., Motion carried, all ayes.
A,:ting Mayor Hunt requested that Manager Willis report to the Council
at the meeting on June S, 1972.
David J. Davenport of the law firm, Kelly, Odell 1
Penberthy was the spokesman for Mr. and Mrs. William
Anderson, Dir. and Mrs. J. A. CadwallL er, Jr., Air.
and Mrs. Odin Olson, And Air. and Mrs. Lewis A. Supplee
all of whom are landowners whose properties abut the
proposed development. (Dir. Davenport delivered a
letter to the Council outlining the landowners' re-
quirements before proceeding with t:iis proposal.)
RE:
ERN DONNAY HOMES
Westfield"
Preliminary Plat
A-331) Item 6.A
Attorney Lefler inquired if Mr. Davenport's position
was that the location of the street was in such a place that in order
to got the SO' width you would have to infringe on the easement and
was interpreting the sketch to mean that the western most line of the
extension of Kimberley Lane must go all the way to the center line of
the established easement. lie further stated that he advised the Coun-
cil that'the private easement could not be taken over without action
by the public body, He noted that the developer may have an answer to
that problem,
Mr. Davenport concluded that it was his understan0ing that there would
be an easement for a cul-de-sac at the end of Lawndale 1,ane, and he
could not understand why Air. Cadwallader was not notified since his
property was so materially affected.
Frank Burg of Vern Donnay homes, Inc.: The developer tried to work
with the Village staff in providing some reasonable access into the
properties, which could be accomplished by a suitable access from
1) the south end and 2) the east, end coming off .from Kimberley Lane.
The easement, does exist with regard to the easterly property line
and the present access utilized is within the 60' easement. In
platting it was the developer's thinking that by eliminating the
casement and putting in a road to service the two properties it
could give them better access to a dedicated street to be main-
tained by the Village, He poinded out that in 1964 a Mr. Anderson
had doodad to the Village of Plymouth a strip of land for roadway
acc•oss. T;13,.s was put on the 1/2 section on deeds rccorded, which,
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1
i,]
Regular Meeting May 150 1912 Page S
for some unknown reason, was eliminated on the :new 1/2 section
sheets. In checking the records they found that the deed had
not been transferred back, so there i access to this property
from County Road 24,
Roger Trittelwitz, Administrator of the Trittelwitz Estate:,. He ne-
gotiated with Mr. Anderson a small parcel of property which should
provide a 60' easement out to County Road 24 and this was dedicated
to'the Yi.11age of Plymouth. Mr. Trittelwitz further stated that he
has the papers to verify this.
MOTION was made."by "by Councilman Neil;;, seconded by Councilman Spaeth -
that a^t on un tIe.,preliminary plat be deferred until such time as
the Village At3orney,could advise that the dispute between the pri-
vate parties was resolvod. '
Councilman Seibold stated that, the MOTION should include all pro-
blems so that the r.quest should be denied pending resolution of the
private dispute in addition to the other items.
lotion carried, all ayes.
Acting Mayor Hunt pointed out the six basic points;
1) Satisfy the park dedication requirement and receive a report from
the P1rk Commission. '
2) Safe access to County Road 24, asking for a staff report and co-
ordinate to receive County report, if at all possible.
3) Coordinate with property owners north of 31st Avenue and Kimberley
Lane intersection regarding possibilities of replatting for a
cul-de-sac access.,
4' Safety aspects of 31st Avenue and Kimberley Lane intersection.
5) The intersection of 31st and 30th to be looked at from he "T"
intersection standpoint rather than the "Y" that appears on the
preliminary plat.
6) The Village staff should research to seri that no property is being
landlocked by this particular development.
MOTION was made by Councilman Seibold, seconded by Councilman Spaeth,
that the Village staff be directed to coordinate the points above
with all parties involved, the developer, the Park Commission and the
County. motion was carried, all ayes.
Councilman Spaeth requested that the RE: WALLACE F. FREEMAN,
developer show what they are proposing. Rezoning Eased on Cen.rgl
Development flan.
Mr. OUh1gron, Spokesman for Mr, %%reQman; (A-3231
Presented drawings to illustrato their Item 6.13
proposals.) Can the western section, they plan to pint apartments, which
is now zoned R-4; halaii,:a as del onpproperty that has been owned since
the 40's. They prohosu to put in a s}iopping i. -cuter on the east side of
the road consisting of 55,000 sqare feet, to the aui;t of that shopping
centor a restaurant is pr•)posed, anti to the oast of the restaurant %4outd
be a service station. They would like to have the znning changed from
H-1 to E-2. Originally they had planned to rut in %.wo commorc cal t roast;
a
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Regular Meeting May 15, 1972 Page 6
now they'are making it one. To 'facilitate traffic, they have proposed
three accesses, Most of the land in the dewvelopm4nt project, is owned
by Mr. Freeman:
Councilman Seibold posed the question: With regard to the access from
Quaker Lane on to Highway 55, would M;. Freeman be willing to provide
some right-of-way at the southeast corner? Mr. Dahlgren stated that Mr.
Freeman has given a letter to the Village stating that he would be happy
to dedicate the necessary land. (The property is owned by a mutual part-,
nership between "r. Freeman and his brother-in-law.)
MOTION was made by Councilman Neiis, seconded by ORDINANCE N0, 72-9
Ccuncilman Seibold, for adoption of ORDIMANCE NO. REZONING OPERTY,-
72-8, AN ORDINANCE AMENDING THE ZONING ORDINANCE FROM B-1 TO B-2.
TO CLASSIFY CERTAIN LANES I.N THE SOUTHEAST 1/4 OF Item 6.5
SECTION 369 TOWNSHIP 118, RANGE 220 AS R-4 AND B-2
as per staff recommendation subject to two additional conditions:
1) The construction of drainways and ponding areas ,Ind the granting of
related drainage easements to be generally in accordance with the
general development plan'.
2.) Platting and site plan approvals shall be subject to any further ordi-
nan-I:e requirements adoptcJ subsequent to this rezoning action.
Motion carried, all ayes.
MOTION etas made by Councilman Spaeth, seconded by Acting Mayor Hunt, to
amend ORDINANCE 72-8 to have a third condition: 3
3) When this land comes in for platting that the staff be alerted to
the park dedication and keep the Council apprises of same; and strik
a
from the ordinance in Section 2. General Development Plan the state-
ment "and subject to the 'Access Drive A' to Betty Crocker Drive IRs
nosed on Exhibit A-323 not being approved."
N
Amendment to the main motion carried, all ayes.
MOTION was made by Councilman Spaeth, seconded by
Councilman Seibold, to adopt RESOLUTION NO. 72-17
A RESOLUTION WAIVING THE REQUIREMENT OF SECTION
452.358 SUBDIVISION 41 MINNESOTA STATUTES AND SEC
TION 9.02 OF CHAPTER VII OF THE VILLAGE CODE RELA
TIVE 'CO CONVEYANCES BY METES AND BOUNDS OF PARCEL
OF LAND CONTAINING LESS THAN FIFE ACRES, as per
staff recommendation. Motion carried, all ayes.
RESOLUTION NO. 72-171
1 PROVING TfAI ER OF
SECTION 462.358 SUB-
DIVISION 41 MINNESOTA
STATUTES 8 SECTION 9.0
5 OF CHAPTER VII OF .HE
VILLAGE CODE
Item 6.0
Councilman Neils asked if it would be the intentDE RT -
to serve the properties k4tith sewer and water on REPORT -Water & Sewer
26th Avenue. Manager Willis advised him that the Improvements -Playhouse
water would be but the sewer was questionable. Industrial Park
Engineer Rudrud stated than. the way it was inten- Item 6.0
dao on a pel•manent basis was to tjo to the
existingo
y `^— .
sewer on Fcrnbrook Lane whir', would require an extension of a trunk. Coun-
cilman Speeth stated he would like to see the costs, as to now they are
assessed out, and the feasibility of this.
1I
Regul
rI
Meeting! May I'S 1972
o
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Page 7
MOTION was made by Cou cilmanSpaet'h, seconded by Councilman Seibold,
that we d'rder a preli nary report 'ion hater, , plus a staff report on,
the feasibility of se er for the area for laying dry'pipe in the
streets, if necessary, along with the water pipes. Motion carried,
all ayes.
MOTION was made by 1 ouncilman Spaeth, . ` -
seconded by Council an S'
i
elbol.d, to PROVISION FOR DEVEEOPER1
adc -;t RESOLUTION Nf1, 72-1' 2, A R S00- TO PROVIDE STORM 'SEWI;A
TION STATING THAT ' NIS PR JECT' 140T Item 6ne
BE ORD'aAED AT THIS T IME AND FURTHER 1 HAT
IN ARR,I V ING AT TH,T(S DEC I' ION THAT TIE ;COUNCIL RECOGNIZES THE NEED TO
WATCH ;DEVELOPMENT1k-.11THIN'THE PROJECT AREA WHICH MIGHT NECESSITATE
ANOTH8R REVIEW OF -1 THIS P'kOJECT; AND,BE IT FURTHER RESOLVED THAT PRO -
PUT)' OWNERS DEVELOPING' ''HEIR LAND !I VIN THE DISTRICT SHALL BE RE-
QU'hR'*D TO ADEQUATEY.Y P1, OVIDE FOR STORM ;,5EWERS TO SERVE THEIR DEVELOP-
MENT,as per staff, recomm,ndation. A otic n carried, all. ayes.
Cv'A,Pf1NY TO TAK.c IPWICDIAM STEPS TO i ,
E(IUALIZE ALL ELECTRIC RATES WITHIN THIS mvROPO ITAN AREA AND TO MAKE'
R'.iTROACTIVE ADJUSTMENTS 10 THOSE CUSTOMERS WHO DAVE', BEEN PAYING THE
HIGHER ELECTRIC RATHS As per staff reco%imendatio Motion carried,
Councilman Neils abstained, three ayee.'
MOTION was made by Acting Mayor Hunt, TEMMITON N6% 72-1
econded by Councilman. Spaeth, to adoptl '`' AITFANDMENT'S TO
RESOLUTION N0, 72-174, A RESOLUTION TO ZONING ORDINANCE AND
REFER TO THE PLANNING COMMISSION WITH ADDITI( AL INCEN71VE
DIREC#ION TO DEVELOP THE PROPOSAL AS POR HIG RISE.
PRESENTED BY COUNCILMAN NEILS AND ALSOItem 6.
CREATE' ADDITIONAL INCENTIVE FOR TETE ' `-
POSSIBILITY OF HIGH RISE CONSTRUCTION ON A GRADUATED BASIS AS YOU
GO UP. Motion carriod, all ayes.
MOV ON was made by, Cous"Icilman Seibol4,
seconded by Counr)ilman &)aeth, to adl` pt
RE15,0LUT ION NO . 72 17 , A A,SOLUTION
STATING THAT THE COU JCI L GOES ON REC6RD
IN RPQUESTING THE NORTHEI',N STATES POWER
Recess at 9:45 p.m. Caller( to order at ,9: SS p.m.
Howard Fistore, 10elS Fortieth Avenue:
He 3s a resident on 40th Avenue at Lost r,ak CRES - Pro3ect 208
representing the Homeowners' Association, Accept Supt lemental Pre -
which has about 3S homes out of the 60 in liminary Report - Water
the area, On the original petition, apprOxti-om
nd Storm Sower.
lmatoly 30 homes were opposed to, 10 for. 6.1.1
lie now nothing about the storm sewer per••'`-`
tion. They wont to the balance of homes not in the :1ss011iation and
most disagreed with the proposal. They h;i on't finished , aying for
the first road that went in and it will bo fifteen years llofore the
second `road, which the Village just resurfa+.ed (seal coated) last.
1 a11, is pa,ld for. They are Concerned with the quality of the water
because they are at a dead end street, The jadlos are most,` upset
because the" ouncil is not listening to the "eti,iolns. If ii;ostof
n u
Regular
Meeting
May , I5 , 1972, Page 8
A _the people ar . against, it, it can't be a very gotld' project.
John Leighton,' 10830 c-Irtieth Avenue North: He i:t '.having a' home
built sud ,is anxious to,have,water. He would like, the,Council to
go, ahead for his benefit and ,,that of other people v,ho may develop
well prob 1 erns in the future. 1
rlbyd Re Hedding,' 10610 Fortieth Avenue North.4 fie %s the ,chairman ,
of the Lost Laky; Improvement Association. At the, FtR, ruary 14th
meeting,he turned in a written s% mmary of the feeli,,gs" of Lost
L ke .ridem~. whc are trying to keep the lake clean,. They were
aid still erre opposed to the drain going into the laXt . There
were, two proposals and either. one`' should do the job.' They do
not feel It has to come.into the lake.
MOTION was made by Councilman Neils, seconded by Councilman Seibold, \,
to accept the supplemental report to the storm sewer prbject, Motion
carried, all ayes,
MOTION was made by.councilman Neils, seconded, by Councilman Spaeth,
that before considering the storm sewer part of the project that the
staff oe directed to provide a report to the Council on tho ccncep-
tiona .-)quirements. of outfall control for Lost Lake, the status of
the Frederickson replat as to requirements for straight right-of-way
and of drainage easements. 11otion carried, all ayes.
Report back to A1r. Hedding of Lost Lake Improvement Association and
Mt. Clausnitzer of the Homeowners' Association,)
MOTION wasimade,by Councilman Spaeth, 7Z-117
seconded by Acting Mayor Hunt to adept A
RESOLUTION NO, 72-175, A RESOLUTION BUILDING CODE FOR -
WAIVING PLYMOUTH CODE - CHAPTER 6, DWAINE JOHNFOMI
SECTION 4603, PARAGRAPH B & C TO ALLOW L Item 6,J
DWAINE JOHNSON OF S110 VICKSBURG LANE IN
THE VILLAGE OF PLYMOUTH TO CONSTRUCT A DETACHED GARAGE WITT'
H A LOFT
HAVING AN AREA OF 572 SQUARE FEET as per staff recommendation. Motion
eatried, all ayes.
Councilman Neils inquired if the cemetery RE: PARKERS L Kit
is sufficiently end,.wed with asset s'l qn3 CEMETERY ASSOCIATION*
income to be sufficient for a reasonable ltem.7.A
period of time if taken over,by the Village,
Ma!a8er Willis explained that the Association has a perpetual c1ire
fund of $8700, plus a checking account balance in excess of,$1260.
1h addition, through the sale of additional lots, plus platting df
additional spaceon the north portion of the cemetery, potential
revenue is $47,000. He pointed out that operating, costs have been
minimal.
Councilman Neils asked if the Village does not accept responsibility
of the cu:notery associ&tion and "nintenance of the cemetery at this
time, are circumstances such that they have no choice at some time
in t future.
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Regular,Maeting May 1S, 1972 , Fage., 9
Manager Willis ointed'out" that there is a provision 3,n the,l :A*te
sratuteso that the County may ,take overcemeteries, but it is nc t
mandatoiy. If the cemetery were affiliated with a church,,ther<,<
would bo someonee,,to tura butthisisnotthecase. Councilmen
Spaeth wanted to km.e •:+ precedent would be set.
MOTION, was made by Councilman Seibold, seconded by Councilman„ Neil,,
that the VILLAGE ASSUME OWNERSHIP AND OPERATION OF THE CEMETERY ANDS o
INSTRUCT THE VILLAGE STAFF TO PREPARE THE NECESSARY DOCUMENTS TO
ASSUME THE TRANSFER. Motion defeated: Acting' Mayor Hunt,,and' Coun-
c."1man Spaeth voting, nay,Councilman Seibold and .Neils voting ay_ L
To be rla-presentedbwhethere is a ''full council.')
Councilman Spaeth stated that the staff -r'e'port
was not handl,gd as requested by the Council.
here were guidelines on,townhouses and they
were to take off apartments which wasn't done,
and they were supposed to go back°to the Plan-
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ning Commission. >
Manager Willis explained that Councilman Spaeth was referring to the
minutes of'April 3rd and subsequently there had been correspondence
between the petitioner's attorney ends the 'Village Attorney. It was
the Staff's impression, that there :ere 's% -me guidelines established
by the Council subsequent to the April '3rd meeting regarding the
density that might be permitted which were to supersede the pre-
vious actions of the Council. He stated that we were going either
conventional zoning or community unit project, requiring underground
garages and 27' on 101.
Milt Bruflo9 t, H. W. Fridlund\Architects: Mated that'when the pro-
perty was originally zoned they planned to have ,a cluster of; town-
houses opening on to small patio areas, and the Council passed an
ordinance prohibiting this, Mr. Brufloot then discussed the current
plat with' underground parking and Building 4 changed to recreational
space underground that is not seen, Boom the street with tho- only
exposed area being the: ramp.
MOTION was made by Councilman Neils, RESOLUTION N04, 72-176
Seconded by Actinfi Mayor Hunt, that they APPROVAL OF FINno=E
adopt RESOLUTION N0, 72-176l,A RESOLD- PLAN AND COMMUNITY UNIT
TION THAT THE FINAL SITE PLAN AND COM- PROJECT WITH DELETION OF
MUNITY UNIT PROJECT (EXHIBIT A -26S DATED FOUR TOWNHOUSES,,
MAY 40 1972) FOR CONTINENTAL CONTRACTORS,
INC. PROPOSED APARTMENT AND TOWNHOUSE
PROJECT BE APPROVED SUBJECT TO THE DE-
LETION OF POUR TOWNHOUSE UNITS (BUILDING 9) AND AN AGREEMENT KING
SIGNED BY THE MAYOR, VILLAGE MANAGER AND DEVELOPER FOR HANDLING THE
SITE RUN-OFF'PRIOR TO ANY BUILDING PERMITS BEING ISSUED as per staff
recommendation. Motion carried: Seibold nay, three ayes.
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Regular Meeting May_, 15 1972 Page "10
v o
b}Mana.gei Wiliis),state& that under the METRO
terms of the development contract, the"Tiburon" Final Plat
developer would undertake the install- Development Contract (A-333)
ation of public utilities sub)-ect to Item ;4.L
I- full-time .Vil,lage inspection. The
developer has also agreed to,assume the costs of all the utilities,iU,
the pr6ject•; including some'over-sizing )of the water main.
LOTION was made by Councilman Spaeth, RESOLUTION NO.42-177
seconded by,,Councilman, Seibold, to adopt A'r FINA L
RESOLUTIONON NO. 7 2 -17'1, A kESOLUTI ON THAT PLAT AND DEVELOPMENT CON-,,
THE "'Ti URON" FINAL PLAT AND DEVELOPMENT `,4`RACT. \
CONTRACT BE APPROVED as per staff regom Item,6,1
mendation. Motion carried: Councilman
Neil opposed, Acting Mayor Hunt abstained, Councilman Seibold and
Sbaeth voted aye.
J
RE: ENDMENTt; TOMOTIONwasmadebyCouncilmanNeils,
seconded by Councilman Seibold that they ZON,iNG ORDINANCE -
accept any comments to be offered this SIGN REGULATI01 ,j
evening by the people and take up the
details of this mafter at the Study Meeting of the Council. Motion
carried, all ayes.
Loren Shiebe of the Chamber of Commerce: Stated that -he felt their
Committee went over everything and that this report 're let tee their.
position.
Harry Foster, 10717-A Tenth Avenue North: warted to clarify article
on Exhibit B. C-1. He felt that his sign it covered.
Hans Hagen, 18035-D 30-1/2 Avenue North: f•!e had two comments to direct
to the Council:
1) Felt that the Committee did a good job in providing directional
signs, increasing the square footage from 2 to 16 square feet.
Noted that he did not think that 6' height would be satisfac-
tory - 10' would be better.)
2) He disag,teed with the Minnesota statute which provides that there
will be no signing on interstate highways in our in ustrial dis-
tricts, He noted that the people cannot be directed off the two
main arteries in Plymouth, which is prohibited by the ordinance.
Mr. Eagen kelt that we should request zoning either to a business use
or an induhtrial use to enable them to put up a sign. They did a count
on the sales in Chelsea Woods ane 2S8 of the sales were directly attri-
buted to Interest because of silsaing. tic would like the Council to
adopt the same policy as Burnsville - to provide extra large signing
for residential development - townhouse, condominium or single family -
which wr,uld be taken down as sown as the development is sold. tie
further stated that he would like the Council to take a practical
approar-h to assist the developers in the rapid development of their
projer.t.
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Regular Meeting May 1S9 1972 Page 11
Bob-Naeg e, Excelsior, Minnesota: Presented copies of the rules
and regulations governing!` s -'Ins in the state,
Harvey" Schie.e, Sohiebe'S Ha.dware: Stated that he would like to
see the'lCounc'1 come up with more realistic footage for signs. The
shopping center signs were redone 1-1/2 years ago. According to the
new figures,thi would have to be done again, and they would be too
small to road.
MOTION was made by\Councilman Spaeth,
seconded by Council.Man' Neils, to adopt
RESOLUTION 72-378, A\ RESOLUTION WHEREBY
COUNCIL APPROVED THE\C',HANGt ORDER NO. 1 TO
PROJECT 135-001, CHEL''3,EA WOODS PHASE II
SEWER AND MATER PROJECT,(NJRTHDAL•E CONSTRJC
TION) as per staff recoxTendation. Motion
carried, all ayes,
Delayed until Monday, May`\42, 1972)
Manager Willis explained that Engineer
M u r d would put together a concise report
oil this project. The Staff would attend
the public hearing.
RESOLUTJpN N0. 7Z-178
XPPRUVAL OF RDER
ON CHELSEA WOODS PHASE II
SEWER AND WATER PROJECT,
Project No. 138-001
Ttem 6. K
RE: METROPOLITAN COUNCIL
HEARING Proposed S -Yr.
CAPITAL IMPROVEMENTS PROG
1972-1976
Item 73
C
RE: BASSETT CREEK FLOOD
CONTROL COMMISSION
Watershed Management Report
Ttem 7.0
MOTION was made by Councilman Seibold;, RESOLUTION 72-179
seconded by Councilman Spaeth, to adopt NSE
RESOLUTION NO. 72-179, A RESOLUTION RENEWAL
APPROVING WELL DRILLER LICENSE RENEWALS IFORI Item 8.A
MAY 1, 1972 THROUGH APRIL 30, 1973:
k6 MORK WELL COMPANY, ROUTE 2, BOX 2200 ANOKA, MINNESOTA
7 McALPINE BROTHERS, INC., ROGERS, MINNESOTA
fb HENRY GLSS 1VE14L COMPANY, 14510 TREE STREET, MINNETONKA, MINNESOTA
9 MAX RENNER WELL COMPANY, 601 -13 AVENUE,SdUTH, HOPKINS, MINNESOTA
010 H4 RUPPER 4 SON COMPANY, ROUTE 1, BOX 191-A, WIEL, P. NNESOTA
as per staff recommendation. Motion carried, all ayes.
MOTION was made by Councilman Neils, 7MIUTION
seconded by Council Seibold, to adopt SMALL DISP09AL SYSTEM
RESOLUTION NO. 72-180, A RESOLUTION LICENSES RENEWAL
APPROVING SMALL DISPOSAL SYSTEM LICENSE Item 8.E
RENEWALS FOR THE YEAR MAY 1, 1972 THROUGH
APRIL S0,1973:
3 COOLBROTH STTTON SEPTIC TANKS, 4810 WEST MEDICINE LAKE DRIVE,
MINNEAPOLIS, MINNEFJTA
N4.JARSON'S SERVICEi COMPANY, 9180 XYLITE ST.,N.E., MINNEAPOLIS. MINN.
N5 SULLIVAN SEPTIC SERVICE, 3660 HIGHWAY 101, WAYZATA, MIN.NES('fA
as per staff recommen'3tion. Motion carried, all ayes.
MOTION was made by Councilman Spaeth RESOLUTION N077:7M,7
seconded by Councilman Seibold, to aacpt HERNEP I ,=OL
RESOLUTION 72-181, A RESOLUTION THAT THE ,SAFETY ACTION TRUJECT
HENNEPIN COUNTY ALCOHOL SAFETY ACTION I'RO- Item 9.B
JECT IS UNDERTAKING A COUN'rERMEASURES PRO-
GRAM DEALING WITH THE DRINKING/DRIVING PROBLEM AND WHEREIS THE VILLAGE
OF PLYMOUTH HAS BEEN REQUESTED TO PARTICIPATE IN THE PRC.)'RAN1 as per
staff recommendation. Motion carried, all ayes.
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Regular Meeting May 1S, 1972 Page 12
MOTION was made by Councilman Spaeth, RESOLUTION NOe 72-IBZl
seconded by Councilman Neils, to adoptE!Si.-%'#'RSEMENTS FOR BOND
RESOLUTION NO. 72-,182, A RESOLUTION AND INTEREST REDEMPTION
TO APPROVE DISBURSEMENTS FOR THE MONTH FUND
OF APRIL, 19 7 2, , FOR THE BOND,, AND INTEREST I t em 10.A
REDEMPTION F11N.9 - F I RST NATIONAL RANK OF
MINNEAPOLIS - GRAND TOTAL BEING $86,13S.33, as per staff recommenda-
tion. Motion carried, al , ayes.
MOTION was made by Council.an Spaeth, RESOLUTION NO. 7z,;-183-4
seconded by Councilman Neils; to adopt ,7 SIA
RESOLUT13N NO. 72-183, A,dESOLJTION ASSESSMENT FUND
TO APPROVE° DISbURSOENTS OF THE MONTH Item 10.B
OF APRIL , 1972 FOR THE SPF IAL 11SSESS,•
MENT FUND - FIRST NATIONAL BANK OF MINNEAPOLIS - GRANT TOTAL BEING
110,3P9.69, as per staff recommendation, Motion carried, all ayes.
MOTION via, de by Councilmar,tNeils,
seconded Councilman Spaeth, to adopt
RESOLUTION NO. 72-183, A RESOLUTION TO
APPROVE DISBURSEMENTS FOR THE MONTR OF
APRIL, 19_1Z FOR THE SANITARY SEWL•R FUND -
FIRST NATIONAL BANK OF WAYZATA - GRAND TOTAL
BEING $3,320.46, as per staff recommendation. Motion carried, all ayes.
MOTION was made by Councilman Neils,
seconded by Councilman Seibold, to adopt DISBURSEMENTS FOR WATER
RESOLUT I014 NO , 72-184s A RESOLUTION TO FUND
APPROVE D;'SBURSFMENTS FOR THE MONTH OF Item 10.D
APRIL, 191'2 FOR THE WATER FUND - FIRST
NATIONAL BANK OF WAYZATA - GRANT TOTAL BEING $12,957,S4, as per staff
recommendation. Motion carried, all ayes,
MOTION was made by Councilman Seibold, RESOLUTION NO. 7Z-185
seconded by Acting Mayor Hunt, to adopt DISBUR$EMENTS FOR
RESOLUTION W06 72-18S, A RESOLUTION TO CONSTRUCTION FUND
APPROVE DISBURSEMENTS FOR THE MONTH OF Item 10.E
APRIL, 1972 FOR THE CONSTRUCTION FUND - ..
FIRST NATIONAL BANK OF WAYZATA - GRAND TOTAL BEING $147,S4S.07, as per
staff recommendation. Motion carried, all ayes,
MOTION was made by Councilman Spaeth, RESOLUTION NO. 72-186
seconded b7 Councilman Neils, to adopt UnBTIRSEMENTS FOR—
RESOLUTION NO, 72-186, A RESOLUTION TO GENERAL FUND
APPROVE DISBURSEMENTS FOR THE MONTH OF Item 10J
APRIL, 1972 FOR THE GENERAL FUND - FIRST
NATIONAL BANK OF WAYZATA - GRAND TOTA:J BEING $436,303.44, as per staff
recommendation. Motion carried, all ayes.
Meeting was adjourned nt 11:30 p.m,
na ay roil
Village Clerk
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Ito
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Regular Meeting May 1S, 1972 Page 12
MOTION was made by Councilman Spaeth, RESOLUTION NOe 72-IBZl
seconded by Councilman Neils, to adoptE!Si.-%'#'RSEMENTS FOR BOND
RESOLUTION NO. 72-,182, A RESOLUTION AND INTEREST REDEMPTION
TO APPROVE DISBURSEMENTS FOR THE MONTH FUND
OF APRIL, 19 7 2, , FOR THE BOND,, AND INTEREST I t em 10.A
REDEMPTION F11N.9 - F I RST NATIONAL RANK OF
MINNEAPOLIS - GRAND TOTAL BEING $86,13S.33, as per staff recommenda-
tion. Motion carried, al , ayes.
MOTION was made by Council.an Spaeth, RESOLUTION NO. 7z,;-183-4
seconded by Councilman Neils; to adopt ,7 SIA
RESOLUT13N NO. 72-183, A,dESOLJTION ASSESSMENT FUND
TO APPROVE° DISbURSOENTS OF THE MONTH Item 10.B
OF APRIL , 1972 FOR THE SPF IAL 11SSESS,•
MENT FUND - FIRST NATIONAL BANK OF MINNEAPOLIS - GRANT TOTAL BEING
110,3P9.69, as per staff recommendation, Motion carried, all ayes.
MOTION via, de by Councilmar,tNeils,
seconded Councilman Spaeth, to adopt
RESOLUTION NO. 72-183, A RESOLUTION TO
APPROVE DISBURSEMENTS FOR THE MONTR OF
APRIL, 19_1Z FOR THE SANITARY SEWL•R FUND -
FIRST NATIONAL BANK OF WAYZATA - GRAND TOTAL
BEING $3,320.46, as per staff recommendation. Motion carried, all ayes.
MOTION was made by Councilman Neils,
seconded by Councilman Seibold, to adopt DISBURSEMENTS FOR WATER
RESOLUT I014 NO , 72-184s A RESOLUTION TO FUND
APPROVE D;'SBURSFMENTS FOR THE MONTH OF Item 10.D
APRIL, 191'2 FOR THE WATER FUND - FIRST
NATIONAL BANK OF WAYZATA - GRANT TOTAL BEING $12,957,S4, as per staff
recommendation. Motion carried, all ayes,
MOTION was made by Councilman Seibold, RESOLUTION NO. 7Z-185
seconded by Acting Mayor Hunt, to adopt DISBUR$EMENTS FOR
RESOLUTION W06 72-18S, A RESOLUTION TO CONSTRUCTION FUND
APPROVE DISBURSEMENTS FOR THE MONTH OF Item 10.E
APRIL, 1972 FOR THE CONSTRUCTION FUND - ..
FIRST NATIONAL BANK OF WAYZATA - GRAND TOTAL BEING $147,S4S.07, as per
staff recommendation. Motion carried, all ayes,
MOTION was made by Councilman Spaeth, RESOLUTION NO. 72-186
seconded b7 Councilman Neils, to adopt UnBTIRSEMENTS FOR—
RESOLUTION NO, 72-186, A RESOLUTION TO GENERAL FUND
APPROVE DISBURSEMENTS FOR THE MONTH OF Item 10J
APRIL, 1972 FOR THE GENERAL FUND - FIRST
NATIONAL BANK OF WAYZATA - GRAND TOTA:J BEING $436,303.44, as per staff
recommendation. Motion carried, all ayes.
Meeting was adjourned nt 11:30 p.m,
na ay roil
Village Clerk
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