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Home My WebLink AboutCity Council Minutes 08-21-19720 0 o O MINUTES REGULAR COUNCIL MEETING, AUGUST 21. 1972 J regular meeti n,g of the Plymo th Vi l l `age Council wag; called to order by P,44yor Nil1 de a t 7: 35 p.m . i n the Counci 1 Chaa bers of the -Public Works Build , ing,,;14900 Twenty-third Avenue Nbrth. Plymouth, on August 21, 1972. o PRESENT: Mayor Hilde. Councilmen;Hunt. Spaeth. Seibold and Neils (arrived at 7:45 p.m.). Acting Manager Overhiser, Attorney Lefler, Engineer Rudrud, Finance Director Ricker and Consultant Engineer Bonestrod, ABSENT: None o PUBLIC HEARING Because of an error in publication In ' th.e newspaper, the RESOLUTION NO. 72-286 public hearing could not, be held. RANCHIIIEW LANE STREET IMPROVEMENT PROJECT #230 MOTION was made by Councilmar Hunt, seconded by Council- Item 4-A man Seibold, to adopt RESOLUTION NO. -72-286. A RESOLUTION > RE -SCHEDULING THE PUBLIC HEARING ON THE RANCHVIEW"STREET IMPROVEMENT PROJECT #230 FOR SEPTEMBERA119 1972. Motion carried on a Roll Call vote. four ayes. MINUTES r MOTION was made by Councilman Spaeth, seconded by Coun- REGUL.AR,MEETING cilman Hunt, to approve, the minutes of the July 17, 1972 JULY 17 1972 Regular Council meeting. Motion carried. four ayes. MOTION was made by Councilman Seibold, seconded by Coun- SPECIAL MEETING cilman Hunt, to approve the minutes of the July 24, 1972 JULY 24, 1972 Special Councils Meeting. Motion carried.,four ayes. A MOTION was made by Councilman Seibold, seconded by Coun- cilman Spaeth, to approve the minutes of the%August 7. 1972 Regular Council Meeting with the following correc- tions: Faget 9, paragraph 4, line 8: change "tupply" to "support" Page 9. paragraph 4, line 9: ". a contractor not being Mot,ioi carried, four ayes. MOTION was made by Councilman Seibold, seconded by Coun- cilman Hunt, to approve the minutes of the August 15, 1973 S,)ecial Council Mieting. Motion carried. four ayes. REGULAR MEETING AUGUST 7, 1972 SPECIAL MEETING AUGUST 151 1972 0 RegularciCo 'Neeting August 21,E .:972 Page Two ' lvl a Al 1 PETIIION Sb REQUESTS 6, COMMUNICATI'OItS Planner, 0erhis,er explained the Plann ,ng Commission has DREYFUS I recommen ed approval with the conJit #q that;--ublic sani. DEVELOPMENT CORP, tary sew r for the project be resol,vei,prlor to approval REZONING R-0 TO R4 of thq, final plate The petitioner has ,requested that a PRELIMINARY PLAT Alternate 41 for the,)NW of NN be constructed, William Item 64 Dickey 44as present representing the petitioner-jkfi '-answer,, ed que$ii ons of the Counti 1.. CouRcl{man Neils stated,he was concerned that they,receive assur nce the final plat approval ,,and the sewer consider- >. ation are resolved by the Development Contract concurrently, CounOlman Spaeth questioned the 80 feet of right of way on., the North side of the property proposed for an East-West collector and stated that because this project has only one access to it and because of ;the problems that could be caused emergency vehicles on the long streets connecting with this East-West collector, he felt this street should ae built. Councilman Hunt stated that if the`coilector street is to be dedicated to the Village, it should,be done at the time when it connects to Wighway 101 as it would be difficult for the Street department to get to the street otherwise. NOTION was made by Councilman Seibold, seconded" by Coun- cilman Hunt, to adopt ORDINANCE N0, 72.110 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LAIDS IN THE NORTH 1/2 OF SECTION 19 AS R,-1. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilman Seibold, seconded bbl Counts cilman Hunt, to adopt RESOLUTION N0. 72487, A RESOLUTION APPROVINA, THE PRELIMINARY PLAT OF "AMBER WOODS" SUBJECT TO THREE CONDITIONS: le That the final plat and Development Contract will not be approv- ed by the Village Council until agreements have been made by tht Developer and the Village for proviling public sanitary sewer, water and stowin sewer to this plat. 21 That the park dedication requirements are to be met with a cash donation to be calculated in the Development Contract,. 3. That a neighborhood walkway (trail) connecting 'Ifter`,Woods" with the Greenwood Elementary School be developed in the plat and maintained by an appropriate homeowners assoclatiou to be formed by the developer. Councilman Hunt stated he did not like the way the trail sylstem was Paid out and felt the walkway should Qe moved to the Eastern property `ine to make 1t more useable. Cojinoilman Neils stated he felt narrow trails down back lot: lines are an imposition on property owners. Planner ORDINANCE N0.' 7241 RESOLUTION NO. 72-287 ENNIUMMENEOND G i 0 NOTION was made by Councilman Seibold, seconded" by Coun- cilman Hunt, to adopt ORDINANCE N0, 72.110 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LAIDS IN THE NORTH 1/2 OF SECTION 19 AS R,-1. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilman Seibold, seconded bbl Counts cilman Hunt, to adopt RESOLUTION N0. 72487, A RESOLUTION APPROVINA, THE PRELIMINARY PLAT OF "AMBER WOODS" SUBJECT TO THREE CONDITIONS: le That the final plat and Development Contract will not be approv- ed by the Village Council until agreements have been made by tht Developer and the Village for proviling public sanitary sewer, water and stowin sewer to this plat. 21 That the park dedication requirements are to be met with a cash donation to be calculated in the Development Contract,. 3. That a neighborhood walkway (trail) connecting 'Ifter`,Woods" with the Greenwood Elementary School be developed in the plat and maintained by an appropriate homeowners assoclatiou to be formed by the developer. Councilman Hunt stated he did not like the way the trail sylstem was Paid out and felt the walkway should Qe moved to the Eastern property `ine to make 1t more useable. Cojinoilman Neils stated he felt narrow trails down back lot: lines are an imposition on property owners. Planner ORDINANCE N0.' 7241 RESOLUTION NO. 72-287 ENNIUMMENEOND Regular Coune 1 Neetin 2August24102 Page Three Overhisir stated it was the Planning Commission's feeling that these trails -should be put in,at the developer's expense and maintained Oy their homeowners association and that the future development to the east would provide for their own trails. Mayor Nilde stated he did not feel the Village should make the homeowners association responsible'for the trail system through" out the area but that the Village should consider taking over all or part of the system to make, -it available for public use. MOTION was made by Councilman Hunt, secondeq by Councilman Spaeth, to revise condition #3 to read: 3. That a neighborhood walkway (trail) conngcti,al "Amber Woods" with the Greemmod Elementary School be developed in the plat, and that the r. narrow trail between Blocks 2'and 3 be eliminated at Lot 7, Block 2 and Lot 8. Block 3 down'o lot 1, Block 2 and, Lot 1. Block 3: This trail shall be replaced with a;,sidewalk contiguous tc the Northside of Lot 28, Block 8 and commencing North along the street on Block 3 to the Northern portion of the dtvdlopment. Additional sidewalk shall be constructed on the side ya ds ,of Lots 1.3 and 14 of Block 9. The Village shall consider this trail system orrtions of same toPo be public rather than private. s Notion to amend the Reso`iutiot. carried, five ayes. Notion to adopt RESOLUTION NO, 7246 as amended carried on 1 a Roll Call vote, five ayes. Planner Overrhiser was directed to communicate with the Plan -a ping Commission relative to the Council's direction on the development of trails as discussed during review,of the above matter, 1 Planner Overhiser reviewed previous action taken on this DELOS TAYLOR 8 PLAY• request and indicated the petitioner has revised his plan ROUSE CO. - REZONIN!i bOt not in the detail required of a General Development Item 64 Plan, The Planning Commission ritcommended action be de- ferred until a bone fide reneraj`Development; Plan is sub - m1 tied for the entire area. Stat'f recommendied the I'-1 area North of 32nd Avenue and the Rwf area West of the drainage swhle be consider` d for rezooi ng but that the mil ti pl e Olere$idential area deferred until a General Development Pitn 1s submitted. Delos Taylor renested the Counci44 take action on the Play- house Company poperty and his personal property separately. I Councilman Neiljs stated he was concerned about proceeding an rezoning balIed on a plan that does not even give: suf- ficient detail -to define toning boundaries. Scott Anderso7 and Ed Delahanty, both residents of. Maple- dell, urged the Council ,'to consider the total property to- gethe.r as one'package and expressed concern over the effect r R `gu , ' 'ou +cil Meetino Au o.tl 91. X972 Pale Four . I, i multiple d vvlopment would above on their neighborhood and the, common ty at large.- Mir.`Ajderson also ointod out the Rrtsent ,pr posal would generRt -,o great dead off, traffic down 28th venue. NOTION *as; made by Councilman' Neils, seconde Id by Council- man Seibol`b. to adopt RESOLUTION N0. 72-288.1 A RESOL0710N DEhRRI,NG ;DICTION ON THE REZONING REQUEST IINT'IL AN ACCEPT- ABLEAENER,'AL DEVELOPMENT PLAN FOR TIy,E ENTIAQE 130 ACRE PARC! IS SiBMITT'ED. Counc'jlman Hunt st4ted he would like to see the lines of the R 1 area very finely defined as 32nd Avenue an the, North and extending South somewhere East of the drainage course. Motton',to adopt RESOLUTION N0. 72-238 carried on a Roll Call vote# five ayes. NOTION 4as made by Mayor Hilde, secondeday Councilman Spaeth,,directing the staff to handle this request in such a way that before it comes back to the Couhcil again 1t is in such condition that it is likely the Cquncil can act on it ftnally. Notion carried, five ayes, Rev. Robert J. Terrey stated they are re_questinq a tempp- orary valiance on a yearly basis until they find suitable I-2 property to allow, the installation of a gas tank and pumps and to allow the parking of from 5 to 8 buses on their property within'a n R-1 zone. i PLYMOUTH BAPTIST CHURN VARIANCE REQUEST Item 6-F MOT I GN was made by Councilman Spaeth, seconded by Coutci l - RESOLUTION NO. 72489 man Hunt, to adopt RESKUTION N0, 72-289. A RESOLUTION GRANTING A VARIANCE TO THE ZONING ORDINANCE TO ALLOW TKE, INSTALLATION OF A GASOLINE TANK AND PUMP AND THE PARKING OF FROM 5 TC 8 SCHOOL BUSES ON SUBJECT PROPERTY WITH THE CONDITION THAT THEY BE PLACED BACK ON THE NORTHWEST CORNER OF THE PROPERTY, Motion carried on a Roll Call vote, fouo ayes, with Councilman Seibold voting nay. NOTION was made by Councilman Seibold, seconded by Cr,un- cilman Spaeth to add the following two conditions to RESOLUT16N NO. 72-289: 1. That the parking area and gasoline pumps be fenced and locked and that pnly qualified adults he permitted to operate the gasoline pump. 2. That the parking area with pump be located at least 250.i-eet from any eAisting or proposed building and at least 25Q -feet from all property lines (petitioner would be required to submit a general layout of all projected future buildings before the con- struction would be permitted), Motion to amend RESOLUTION NO. 72,^289 carried on a Roll Cell vote, five ayea. V n RESO i1TIOR N0. 72-2881 i PLYMOUTH BAPTIST CHURN VARIANCE REQUEST Item 6-F MOT I GN was made by Councilman Spaeth, seconded by Coutci l - RESOLUTION NO. 72489 man Hunt, to adopt RESKUTION N0, 72-289. A RESOLUTION GRANTING A VARIANCE TO THE ZONING ORDINANCE TO ALLOW TKE, INSTALLATION OF A GASOLINE TANK AND PUMP AND THE PARKING OF FROM 5 TC 8 SCHOOL BUSES ON SUBJECT PROPERTY WITH THE CONDITION THAT THEY BE PLACED BACK ON THE NORTHWEST CORNER OF THE PROPERTY, Motion carried on a Roll Call vote, fouo ayes, with Councilman Seibold voting nay. NOTION was made by Councilman Seibold, seconded by Cr,un- cilman Spaeth to add the following two conditions to RESOLUT16N NO. 72-289: 1. That the parking area and gasoline pumps be fenced and locked and that pnly qualified adults he permitted to operate the gasoline pump. 2. That the parking area with pump be located at least 250.i-eet from any eAisting or proposed building and at least 25Q -feet from all property lines (petitioner would be required to submit a general layout of all projected future buildings before the con- struction would be permitted), Motion to amend RESOLUTION NO. 72,^289 carried on a Roll Cell vote, five ayea. V R Regular Counc'i 1 Meeting August -21, 1972° Page Five,. r , , The Planning Commission .had ecommenSed that the request- ed rezoning of the Piymau0,- ourt 0fice Building from I-1 to B-1 be denied and that"i OondittlanalUse Permit be granted. Richard Cox of rile stated he agreed,with the, Planning Commission recommendation because the building was originally built as a service to 'the industrial park area and is not a prime offi;ce locati*w, TRIP - PLYMOUTH COURT BLDG. - REZONING"OR CONDITIONAL USE PERMIT Item 64 MOTION was made by' Councilmljn Seibold, seconded by Coun- RESOLUTION NO. 72-290 oilman Neils, to adopt RESO4UTION NO. 72-290, A RESOLUTION DENYING THE REQUEST FOR REZONING FR.QM I-1 TO B-1 FOR THE REASONS STATED IN THE STAFF REPORT OF AUGUST 17, 1972. Motion carried on a Roll Cat l vote, three ayes, with Coun- cilman Hunt abstaining and Councilman !paeth voting nay, I MOTION was made by Counri loan Neils, seconded by Council" RESOLUTION N0. 72-291 man Seibold, to adopt RESOL'lTION N0. 72-291, A RESOLUTION APPROVING A CONDITIONAL USE; PERMIT FOR THE PLYMOUTH COURT BUILDING WITHIN AN I-1 PLANAED INDUSTRIAL DISTRICT WITH THE OCCUPANCY'07 THE BUILDING BjASED UPON THE CRITERIA THAT OFFICE TVNANTS ARE TO PROVIi)E GOODS AND SERVICES WHICH ARE PRIMARILY FOR THE USE OF PEASONS EMPLOYED IN THE I-1 DIST- RICT, kation carried on a ;Roll Call vote, four ayes, with Councilman Hunt voting nay. Councilman Neils presented a proposed Resolution for Council consideration which would provide that Planning Commission and Village Council consideration for approval of any proposed site plan would be governed by the Zoning Ordinance regulations in effect on the date of the Plan- ning Commission meeting at which the proposed site plan Is first scheduled for formal consideration, It would also set a time limit within which final Council approval and contracts must be finalized. 0 POLICY REGARDING ZONING ORDINANCE AMENDMENTS IN RELATION TO SITE PLAN PROPOSALS UNDER CONSID- ERATION WHEN AMENDMENT BECOMES EFFECTIVE MOTION was made by Councilman Neils, seconded by Council- RESOLUTION NO. 72-292 man Seibold, to adopt RESOLUTION NO, 72-2920 A RESOLUTION ESTABLISHING A POLICY REGARDING ZONING ORDINANCE AMENDMENTS IN IIELATION TO SITE PLAN PROPOSALS UNDER CONSIDERATION WHEN AMEJIDMENTS BECOME E1 ECTIVE AS PROPOSED BY C',OUNCILMAN NEILS WITH A TIME LIMIT OF 120 DAYS FOR FINAL COUNCIL APPROVAL AND ,FINALIZATION OF CONTRACTS. MOTION was made by Councilman Spaeth, seconded by Council- man Neils, to amend the Resolution to chans the effective date to the date of the Planning Commission meeting at which the proposed lite plan is approved by the Planning Commission. Motion carried, five ayes. MOTION was made Dy Neyor Hilde, seconded by Councilman Neils, to furthor amend thi; Resolution to change the time limit for Council approval anll finalization of contracts from 120 days to 160 days. Motion carried, five ayes. Motion to adopt RESO W TION N0. 72492 as twice kimended car- ried on a Roll Call voye, three ayes, with Councilmen Spaeth acid Selbold"voting nay, p n Regu ar Council le11 e ting Augus5t 21. 1972` ii Page Hx `'' 1P The Planning Comm si on reviewed this proposed 192 unit develo#,%ent and re:Oointedmmended approval on August 21 1972. Pl anne r'; Overhi ser out that ,tinder the of i cy es tab- lished 6 RESOLUTION NO. 72-192, this,proposa would be subject to tke new 6rdinance which would only permit 146 units. Councilman NOils pointed out that Mr. Bernardi appeared before the Council on July 17 when the new ordi- nance was;-ad.opted, an,d the Council indicated to him they I would give full consideration to the site plan and make reasonablet,M ustments in view of the efforts invested when the plan wi; brought before; the staff. N METRAM PROPERTIES,';NC. SITE -PLAN APPROVAL r Ccuncilman lteils stated he felt full density credit should be allowed for the ponding area. Mayor Hilde stated'he felt if the pondi4g area.is considered in density calculations it should be North something to the project and should be improved. He further Directed the staff, operating ureder the.new oroina. ce, to re-calculote the density based upon using the pond!i and to further develop a proposal whereby if this is done the developer would be required to improve the ponding ares;. Planner Overhiser indicated 202 units would be permitt%d if both ponds were allowed in density calculations. NOTION was made b, Councilman. Seibold, seconded cilm r Spaeth, to adopt KESOLUTION NO. 72 293, A TION APPROVING THE SITE PLAN FOR 192 UNITS USING ING AREAS IN THE D•'NSITY CALCULATIONS SUBJECT TO CONDITIONS LISTED IN THE STAFF REPORT OF AUGUST MOTION was made by marl Hunt, to amend three conditions: by Coun- RESOLU- THE POND - THE THREE 16, 1972s Councilman Spaeth, seconded by Council- tt,e Resolution to add the following 4. The previous agreement for pond improvement relative to the Manor Royale project be accomplished. S. The pond West of Lar,cas;er Lane adjacent to the new proposed site be improved and landscaped to meet the specifications of the Village Engineer 6. The green strip to t,z North of this property connecting Lane and Four Season. Park be improved for use for future to the proposed shopping area. Motion to amend the Resolution carried, five ayes. RESOLUTION NO. 72-293 Lancaster wa 1 kway MOTION was made by Counh:ilman Seibold, seconded by Council- man Hunt, to amend the third paragraph of the Resolut4on as follows: WHEREAS, the Village Council believes that permitted to cantinue with ,Nis development 5,154 acre pond areas al and 02 for density the developer should be at 192 units by using the credit, and" Motion to amend the Resolution carried, five ayes. g o Reg lar Counti l Meeting, Augist 21, 1,9:2 Page Seven (' MOTION was made by Councilman NtAls to further amend the Resolution to include tot the developer be excusediof park donation requirements t tNe extent of,any cost of ,,ork) per- formed on the ponding ar a West of Lancaster Lane. 'Motion failed for lack of secona., Motion for the adoption o' RESOLUTION NO. 72-293 as Awice amended carried on a RoI UCall vote, five ayes. Planner Overhiser explained that Mr. Tolan is requesOng ROBERT 0. TOLAN to improve his mobile home by constructing a storage ryoom SUN VALLEY MOBILE and open porch. The Building Inspector has ordered work HOME PARK stopped, and staff views this as an expansion of a non- Item 6-H conforming use. Mr. Tolan and Harry Foster, o jner of the park, appeared be- fore the Council enu briefly described the proposed addition. 11 I Councilman Seibold stated that - if these people rant to im- prove their homes they should dpi allowed to do so and recom- mended that the Planning Commis ,4ion develop an emendmnnt to the Zoning Ordinance that would"accomplish this. Maynr Hilde pointed out that the Village needs this type of mous- ing because it meets low and medium cosi housing needs and also recommended an amendment be Orafted to the Zoning Ordi- nance whereby these grandfather non -conforming uses may be improved where such change would improve the non -conforming use or be in the public interest. Councilman Neils stated he didn't agree that an ordinance atiendment was necessary as the present ordinance does allow the improvement of a non- conforming use that is residential, Staff vias directed to invest gate this. MOTION was made by Councilman Seibold; seconCed by Coun- cilman Spaeth, to adopt RESOLUTION N0.,12-294, A RESOLU- TION PERMITTING ROBERT 0, TOLAN TO CONT}NUE WITH THE IM- PROVCMENT$ TO HIS MOBILE HOME. Motion c,Arried on a Roll Call vo kae, five ayes. Planner Overhiser explained the petitioner is proposing to add 81 units to his South Shore Drive site which has an existing 17 units for a total of 98 units. Under policy adopted by RESOLUTION 72-292, density would be calculated under the old ordinance which would permit this density. The Planning Commission rbcommended approval. Councilman bails esked if any problems would be created with respect to storm drainage. Planner Overhiser stated the Bassett Creek Flood Control Commission had reviewed the plan, and their only concern is that the buildings be above the flood profilo, RESOLUTION NO. 72-294 JOHN GULLICKSON SITE PLAN APPROVAL Item 6-D Regular` Council heeti'ng August 21, 1972 Page Eignt MOTION was made, by Councilman Neils, seconded by Council- RESOLUTION NO. 72-296 man Hunt, to adopt RESOLUTION NO. 72-2969 A RESOLUTION APPROVING& THE SITE PLAN MARKED EXHIBIT A-237 SU`2JECT TO THE THREE CONETIONS LISTED IN 'THE STPFF REPORT OF AUGUST 159 1972 AND A FOURIN CONDITION AS FOLLOWS: 4. Approval be conditioned on staff verification that the total par- cel including the lot area of the origins' 17 unit building is in fact a single regal parcel. Motion to amend the Resolution carried, five ayes. Motion to adopt the Resolution as amenc.ed carried on a Roll Cali vote, three ayes, with Mayor Hilde and Councilman Spaeth abstaining. The Planning Commission recommended approval of this re- zoning with a general development plan but that, the gen- eral development plan should not be considered as a final site plan, It was staff's recommendation that no access be permitted i ntn the site from Highway 55 in view of the future signalization of that highway. Gary Freund stated they felt this access was necessary for a limited period of time to help development, COACHMAN CORPOkATION REZONING R-0 TO B-3 Item 6-G MOTION was made by Councilmar Spaeth, seconded ny Council- ORDINANCE NO. 72-12 man Hunt, to adopt ORDINANCE NO. 72-12, AN ORDINANCE AMEND= I1%34 "J'HE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN THE SO?STH 112 OF SECTION 21 AS B-3 SUBJECT TO THE GENERAL DE- VELv'aMENT PLAN MAU'IkKED EXHIBIT A DATE[ AUGUST 21, 1972 AND ALSO SUBJECT TO THE THREE CONDITIONS LISi,D IN THE StAFF REPORT Df TED AUGUST 16, 1972 WITH THE ADDITION OF A FOUR ;'H CONDITION AS FOLLOWS: 4, That the ingress from Highway 55 at the Northwest corner of the plat and from Fernbrook Lane into the gas station be dedicated to the: Villag.a and that at such time as Plymouth feels it is a dangerouS nary it will be closed for the sum of $1,00 and no other consideration, MOTION was made by Councilman Hunt, secondec` by Councilman Spaeth, to further amend the Ordinance to acd a condition 05 as follows: S. That the propnsed ingress off of dighway 55 leacing to Circle star Boulevard be properly marked as a one -gray street. Motion to amend the Ordinance carried, fivo ayes. MOl`ION was made by Councilman Hunt, seconded by Councilman Spaeth, to further amend the Ordinance to add a condition 6 as follows: b, That the deceleration lane for the entrance at the Northwest corner of the plat from Highway 55 be 500 feet to length mini- mum, Mot;n to amend the Ordinance carried, five ayes. o Regular !Counci 1 Meeting August fi, 1972, Page Nine NOTION xras made by Councilman Spaeth, seconded by Council- man Hunt, to amend condition 04 above to become conditions 4 and g5 as follows and to renumber conditions #5 and #6 as conditions #6 and 07. 4. The developer shall convey the right of ingress from State High- way 55 a,t'the Northwest corner of the development as shown on Exhibit A to the Village, and the Village shall grant the right of temporary ingress until such time as the State Highway Depart- ment deems that the access should be closed. 5." The developer shall convey the right of ingress from Fernbtbok Lane into the gas station as shown on Exhibit A to the Village, and the Village shall grant the right of temporary ingress until suc[I time as the,,Village deems it is a dangerous entry, at which time it will be closed for the sum of $1.00 and no other consid- eration, Motion to amend the Ordinance carried, five ayes. Motion to adopt ORDINANCE N0. 72-12 as amended carried on a Roll Call vote, four ayes. Councilman Neils was absent from the table at the time of the vote. MOTION was made by Councilman Hunt. seconded by Councilman RESOLUTION N0. 74-298 Spaeth, to adopt RESOLUTION NO. 72-298, A RESOLUTION RE- SCINUING RESOLUTION N0. 72-297, Motion carried on a Roll Call rote, four ayes, with Mayor Hilde voting nay. MOTIO'I was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION N0. 72-2991 A RESOLUTION APPROV- IN,G CERTAIN ZONINu ORDINANCE VARIANCES AS SET OUT IN STAFF'S PROPOSED RESOLUTION 01 CONTAINED IN THEIR REPORT DATED AUGUST 15, 1972 SUBJECT TO THE FOLLOWING CONDITIONS: 1. That an additional 10 feet of right of way be dedicated along 12th Avenue North,, 2. Front yard setbacks after the 10 fiot right of way be set at 35 feet. 3. Any additional sewer and water stubs required be paid for by the landowner. Motion carried on a Roll Call vote, five ayes. 0 RESOLUTION NO 72,_:299 \ MOTION was made by Councilman Hunt. seconded by Councilman RESOLUTION N0. 72-297 MMMft Seibold, to adopt RESOLUTION N0. 72-297, A RESOLUTION IDI'30RE T. MADS b APPROVING CERTAIN ZONING ORDINANCE VARIANCES AS SEt OUT IN WILLIAM D. MOSS SiAF"';y PROPOSED RESOLUTION 91 CONTAINED IN THEIR. REPORT SUBDIVISION' VARIANCE i DATED AUGUST '15, 1972s Motion carried on a R:f11 fall vote, Itom 6-I three dyes, with Councilmen Neils and Spaet.',, oti ng nay. MOTION was made by Councilman Hunt. seconded by Councilman RESOLUTION N0. 74-298 Spaeth, to adopt RESOLUTION NO. 72-298, A RESOLUTION RE- SCINUING RESOLUTION N0. 72-297, Motion carried on a Roll Call rote, four ayes, with Mayor Hilde voting nay. MOTIO'I was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION N0. 72-2991 A RESOLUTION APPROV- IN,G CERTAIN ZONINu ORDINANCE VARIANCES AS SET OUT IN STAFF'S PROPOSED RESOLUTION 01 CONTAINED IN THEIR REPORT DATED AUGUST 15, 1972 SUBJECT TO THE FOLLOWING CONDITIONS: 1. That an additional 10 feet of right of way be dedicated along 12th Avenue North,, 2. Front yard setbacks after the 10 fiot right of way be set at 35 feet. 3. Any additional sewer and water stubs required be paid for by the landowner. Motion carried on a Roll Call vote, five ayes. 0 RESOLUTION NO 72,_:299 \ o ° 1 Regular Council Meetiog' August,21, 1972 Page Ten J Maus/Voss Subdivision Variance Con't) MOTION was made b -y Councill man Seibold. seconded by` Council- _RESOLUTION NO. 72400; man Hunt, to adopt RESOLUTIGA NO. 72-160, A RESOLUTION AP-- PROVING THE CONSOLIDATION OF LAND TO CREATE PARCEL A: Motion carried on a' Roll Call vote,, five ayes. MOTION wi s made by Councilman Sei O'ul d, seconded by Council-, RESOLUTION N0. 72-301 Y man' Hunt, tc adopt RESOLUTION N0. 72-301, A RESOLUTION AP-, J f PROVING THE CONSOLIDATION OF LANA;TO CREATE PARCEL B. Motion carried on a Roll Cal 1=, vote, five ayes. MNTION was made by Councilman J Seibold, t, seconded by Council- RESOLUTION N0. 72-302 man ,HuntjJto adopt RESOLUTION N0. 72-302, A RESOLUTION AP- PROVING THE CONSOLIDATION OF LAND TO CREATE PARCEL C. Motion.;, carried on a Roll Call vote, five ayes. MOTION was made by Councilman Sei bo.1d, seconded by Council- RESOLUTION N0. 72-303 man Hunt, to adopt RESOLUTION N0. 72-303, A RESOLUTION AP- PROVING THE CONSOLIDATION OF LAND TO CREATE PARCEL D. Motion carried on a Roll Call vote, five,ayes. MOTION was made by Councilman Seibold, seconded by Council- RESOLUTION N0,, 72404 1 man Hunt, to adopt RESOLUTION NO. 72-304, A RESOLUTION AP- PROVING THE CONSOLIDATION OF LAND TO CREATE PARCEL E. Motion carried on a Roll Call vote, five_ ayes. NOTION was made by Councilmen Seibold, seconded by Council- RESOLUTION N0. 72-305 flan Hunt, to adopt RESOLUTION NO. 72-305, A RESOLUTION AP- PROVING THE CONSOLIDATION OF LAND TO CREATE PARCEL F. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Nei 1 s, seconded by Council,- MULTIPLE DEVELOPMENT man Spaeth, to amend the proposed Ordinance, Section, 10, IMPROVEMENT COMMITTEE'S Subdivision 6, paragraphs 7 and 8 to change "residen`ces AMENDMENTS TO THE with private entrances" to "residences with grade level ZONING ORDINANCE private entrances". Motion failed, one aye, with Mayor Item 7-A Hilde, Councilmen Spaeth, Hunt and Seibold voting nay. MOTION was made by Councilman Seibold, seconded byy Council- ORDINANCE NO. 72-13 man Neils, to adopt ORDINANCE N0. 72-13, AN ORDINANCE` AMEND= ING THE ZONING ORDINANCE WITH PARTICULAR REFERENCE TO MULTIPLE DWELLING UNITS. Motion carried on a Roll Call vote, five ayes. J It was agreed this subject would be discussed at the COMPREHENSIVE SEWER August 28, 1972 meeting at :30 p.m. PLAN Item 7-B proposed ordinances including changes made by the AMENDMENTS TO THESThe Cour,ci l at previous; meetings were reviewed. ZONING ORDINANCE - j SIGN REGULATIONS Item 7-C 1 Qg,ul ar Courici 1 geeti ng August 21, 1977 Pei , Eleven MOTION was made -,by Counci loran .Spaeth, ;seconded by Counci 1- rt an`. t.eibold, to adopt ORDINANCE N06" 72-14, AN ORDLNANCE AMENDING PORTIONS OF SECTIONS 4 AND 19 OF'THE`ZONING ORDI- NANC, RELATING TO CERTAIN,OEFIN-ITIONS OF TERMS AND AFFECTING THE AUTHORITY Of" THE BOARD OF ZONING ADJUSTMENT. Motion carried on a Ro,11 Call vote, five ayes, MOTION was niade! by Councilman Spaeth, seconded by Counci 1- man,Seibold, tq adopt ORDINANCE NO, 72-15, AN ORDINANCE AMENDING SECTI N 179 SUBDIVISION 1 OF THE ZONING ORDINANCF WI,TH'i'EFEkENCE TO SIGN. REGULATIONS, MOTION was made by Councilman NAi1s, seconded by Councilman Hupt, to amend paltagraph 8-8 to read: The initial ppo mit fee for all business, name plate and permanent directional signs shall be $15,Q0.;'There shall be no annual inspec- tion fee for such signs. Any business. name plate or permanent directional si,'gn which has received j Motion ;to amend the' Ordinance carried, five ayes, j 1 Motion to adept ORDI'NANCE,NO 72-15 as amended carried on IN I ORDINANCE NO. 72-14 ORDINANCE NO. 7245 a Roll Call 4ote, fi.,v.e ayes, NOTION was m de by Councilman Spaeth, seconded by Council- ORDINANCE Ng, 72= man Seibo-ld, to adopt ORDINANCE N06 72-16, AN ORDINANCE -- AiMENDING POFTIONSA F SECTION 18 OF THE ZONING ORDINANCE WITH RESPECT TO ION -CONFORMING SIGNS, Motion carried on a Roll Call vote. ive , ayes . It- was the ,'Planning Commission's recommendation that their membershi-p1be reduced from 9 members to 70 MOTION waslmade by Councilman Hunt, seconded by Councilman Spaeth, to!adopt ORDINANCE NO, 72.17, AN ORDINANCE AMEND- ING CHAPTEh II, SECTION 3602 TO REDUCE PLANNING COMMISSION MEMBERSHIP;TO SEVEN, AND AMENDING CHAPTER II, SECTION 3:03 RELATIVE T,b THE APPOINTMENT OF THE CHAIRMAN AND VICE CHAIR- MAN OF THE' PLANNING COMMISSION, Motion tarried on a Roll Call votet four ayes, with Councilman Neils voting -nay. Councilmini Neils pointed out that the area charges for residential and commercial and industrial as proposed by the staff was exactly equal, where in the past commercial and industrial has been charged lk Limes the residential rate. Councilman Spaeth stated he felt that because com- mercial land uses more pipe per,acre they should pay their 1fair share, Finance Director Ricker stated that while this is true, costs to individuals involved would be determined by an analysis of the sewage coating out. 1 I ORDINANCE NO, 72-17 MEMBERSHIP, Item 7-D POLICY ON WATER a SEWER LONNECoTION d REC .CHARGE, ItOn ?-F Regula "%Council Meeting AugustT21, 1972 Page Twelve, I MOTION was made by Councilman Neils, seconded by ,Council- RESOLUTION N0. 12-306 man Seibold, to adopt RESOLUTIOV N0. 7/7-306, A RESOLUTION AD9.PTING THE WATER AND SLNhTAR,Y .SEWER/'AREA AND RESIDENTIAL EQUIVALENT CONNECTION CHARGES AS\`,,ROPOSED IN',THE STAFF REPORT DATED AUGUST 21, 1972 CHANGING THE°,AREA CHARGE FOR WATER ANd SANITARY SEWER ON COMMERCIAL AND 1:NDUSTRIAL TO $675 PER ACRE EACH. , Motion carried on a Roll Call vote, four ayes, with Council- man Haunt voting., nay. Mayor Hi l de reviewedwith thp' Council hearings het by the METRO SEWER BOARD PRO Metropolitan Council Deferral Committee and with o"cher POSED CO 0T ALLOCATION interested, communities relative to the proposed Sower Avail -Item 7-E abi 1 i,ty, Charge. e. MOTION was made by Coun:;:iloran N.01s, seconded by Council- RESOLUTION NO. 12-295 marl"Hunt, to adopt RESOLUTION NO. 7-295, JA RESOLUTION SFT- TING FORTH THE ITEMS;OF MAJOR CONCERN FOR PLYMOJTH AND URd- ING THE,METROP'OLITAW,COUNCIL T,q,DEFER ADOPTION!:OF THE COST ALLOCATION SYSTEM PROPOSED AND'APPROVE A CONTINUATION OF THE PRESENT COST ALLOCATION 1YOEM FOR DETERF!_INING 197' SEWER BILLINGS. Mot -.on carried on a Roll Cal'i',,vote, fly e ayes. 1 . 11 Engi neer Rudrud and Consultant Engineer Bonostroo reiji ewed DUNKIRK LANE REPAIRS the,> probl ems on ' Dunki-rk lane north of 26th Avenue. ;In- Item 7-G spections reveal that the'street was panel to 5 ton stan dards when the street was constructed in 1,970,. Apparently a combination of bad material and high ground water has, caused the street to break up. The Village is commencing repairs to those deteriorated portions with the, cost to be charged to the Street Department streets maintenance budget at a co:A,t of approximately $5,500. MOTION was made by Mayor Hi 1 de, secondiF d by CoLncl loran Neils, directing ,the staff, in view of all the di;fficul ties the Village is having with this road including that portion south of 26th Avenue, ` o prepare an analyysis and'recommen- dation which would goLeyond these ikomediate repair steps and come back with a",re;ommendation sof what the Village should do, Motion carried, five ayos. Councilman Hunt stated he',felt the street should be up -graded to a 9 ton street because future uilage will be greater. Coun- cilman Spaeth pointed oui,,tyat sewer and water will have to ggo in when the Taylor property is deieloped, and stated he would rather wait until that time,'At Ias agreed this should be in- cluded in the staff study. 1 I J O Q 0 0I I1 oU \ 0 r Regular Council Meet1jg August 21, 1972 Page Thirteen 1 NOTION was made by Councilman Spaeth, sicobtd2 ,,\,by Council-, Man Hunt, to adopt RESOLUTI ONI N0. 72-3079 A RES:Q!LUTION ACCEPTING THE PRELIMINARY REPOT ON RAN'CHVIEW kft,NOR PROJ,EC, 0230 COVERING STREET CONSTRUCTION ON R NCHVIEW LANE FROM 7TH AVENUE Tb 9TH AVENUE, Motion carriod , on 'a Rd') I Cali vote, five ayes. MOTION was made by'Councilman Spaeth, seconded by,C untA1- man Hunt, to)adopt RESOLUTION N0. 72-308, A RESOLUTI N'r AUTHORIZING THE MAYOR AND VILLAGE MANAGER TO ENTER I.T,O,A CONTRACT WITH BARBAROSSA a SONS FOR THE EAST MEDICIN jLAKE WATER PROJECT #123 AND SIXTH, TENTH AND COUNTY ROAD 1 SEWER AND WATER PROJECT #134 INCLUDING THE ALTITUDE VNLVE CONSTRUCTION IN THE AMOUNT OF $213,312.00,. Motion carried on a Roll Call vote, five,ayes. MOTION was made by CouncilmaN Hunt, seconded,by Councilman RESOLUTION NO. n RESOLUTION PLAY OUSE IND. PARK AUTHORIZING THE MAYOR AND VILLAGE MANAGER TO ENTER INTO A SEWER a WATER PROJECT CONTRACT WITH BEATSON a ",ELLY CONTRACTORS FOR PLAYHOUSE 222 a 6 &'101 STORM INDUSTRIAL PARK 'SEWER AND WATER PROJECT #222 INCLUDING SEWER PROJECT 116401 THE 6 a 101 STORM SEWER PROJECT #116461) IN THE AMOUNT OF BID AWARD 202,225,50. Motion carried on a Roll Call vote, five ayes.Item 74 RESOLUTION N0. 72-307 RANCHVIEW LANE PROJECT 230 PRELIMINARY REPORT Item 7-H J a RESOLUTION N0. 12-308 " E.::MEDICINE' LAKE WATER PROJECT 0123 a 6TH9 10TH a CO. 18 SEWER a WATER PROJECT 0134 BIO AWARD Item 7-I MOTION was made by Councilman Hunt, seconded by,Council'man Seibold, to adopt RESOLUTION NO. 72-310, A RESOLUTION APPROVING CHANGE ORDER #2 IN THE AMOUNT OF $21,000 TO KELLER CONSTRUCTION COMPANY FOR PROJECT#126 - WEST MEDI CINE LAKE SEWER AND WATER. Motion carried on'a Roll Call vote, five ayes. V MOTION was made by Councilman Spaeth, seconded by Council- man Seibold, to adopt RESOLUTION NO. 72-311v A RESOLUTION DIRECTING THE PREPARATION OF TQ ASSESSMENT ROLL FOR THE FOLLOWING PROJECTS: #1010 #129, #132, #8256 #921, #126, 0118 and #119,USING THE CHARGES ADOPTED BY RESOLUTION NO. 72-306. Notion carried on a Roll Call vote, four ayes, with Councilman Neils voting nay. MOTION was made by Ciluncilman,Spaeth, seconded by CouncilH man Seibold, to adopt RESOLUTION NO% 72-312, A RESOLUTION DIRECTING THE PREPARATION OF THE ASSESSMENT ROLL FOR PRO- JECTS #114 (71-2A) AND #117 ('71-2D). Motion carried on a Roll Call vote, five ayes. RESOLUTION N0._72_,310 W. MEDICINE LAKE SEWER a WATER PROJECT #126 CHANGE ORDER #2 Item 7-K RESOLUTION N0. 72411 PREPARATION OF ASSESS- MENT ROLL FOR VARIOUS SEWER a WATER PROJECTS Item 74(1), RESOLUTION NO%)72_ 312 PREPARATION OF ASSESS- MENT ROLL FOR STORM SEWER PROJECTS #114 a #117 Item 7-L(2) MOTION was made by CouncilmaN Hunt, seconded,by Councilman RESOLUTION NO. 72409' Seibold, to adopt RESOLUTION N0. 72-3096 A RESOLUTION PLAY OUSE IND. PARK AUTHORIZING THE MAYOR AND VILLAGE MANAGER TO ENTER INTO A SEWER a WATER PROJECT CONTRACT WITH BEATSON a ",ELLY CONTRACTORS FOR PLAYHOUSE 222 a 6 &'101 STORM INDUSTRIAL PARK 'SEWER AND WATER PROJECT #222 INCLUDING SEWER PROJECT 116401 THE 6 a 101 STORM SEWER PROJECT #116461) IN THE AMOUNT OF BID AWARD 202,225,50. Motion carried on a Roll Call vote, five ayes.Item 74 MOTION was made by Councilman Hunt, seconded by,Council'man Seibold, to adopt RESOLUTION NO. 72-310, A RESOLUTION APPROVING CHANGE ORDER #2 IN THE AMOUNT OF $21,000 TO KELLER CONSTRUCTION COMPANY FOR PROJECT#126 - WEST MEDI CINE LAKE SEWER AND WATER. Motion carried on'a Roll Call vote, five ayes. V MOTION was made by Councilman Spaeth, seconded by Council- man Seibold, to adopt RESOLUTION NO. 72-311v A RESOLUTION DIRECTING THE PREPARATION OF TQ ASSESSMENT ROLL FOR THE FOLLOWING PROJECTS: #1010 #129, #132, #8256 #921, #126, 0118 and #119,USING THE CHARGES ADOPTED BY RESOLUTION NO. 72-306. Notion carried on a Roll Call vote, four ayes, with Councilman Neils voting nay. MOTION was made by Ciluncilman,Spaeth, seconded by CouncilH man Seibold, to adopt RESOLUTION NO% 72-312, A RESOLUTION DIRECTING THE PREPARATION OF THE ASSESSMENT ROLL FOR PRO- JECTS #114 (71-2A) AND #117 ('71-2D). Motion carried on a Roll Call vote, five ayes. RESOLUTION N0._72_,310 W. MEDICINE LAKE SEWER a WATER PROJECT #126 CHANGE ORDER #2 Item 7-K RESOLUTION N0. 72411 PREPARATION OF ASSESS- MENT ROLL FOR VARIOUS SEWER a WATER PROJECTS Item 74(1), RESOLUTION NO%)72_ 312 PREPARATION OF ASSESS- MENT ROLL FOR STORM SEWER PROJECTS #114 a #117 Item 7-L(2) Regular Counit Meeting August 21 1.72 Page Fourteen NOTION was made' by Counctl.man,,,H4nt, seconded by Councilman RESOLUTION NO. 72413 Seibold, to,,adopt RESOLUTION'N0'. 72-313, A RESOLUTION AUTH 25TR X -E UE SEWER ORIZING FINAL PAYMENT ON ESTIMATE 16 ON 26TH AVENUE AND PROJECT 0921 WEST MEDICINE LAKE SEWER ,PROJECT N0. 921 IN THE AKOUNT OF FINAL PAYMENT 2,958.75,FOR RESTORATION COMPLETED 6Y DOC BLANCHARD ENTER- Item 7-M PRISES. Motion carried on a Roll Call vote, four ayes, with Councilman,,Spaeth abstaining. MOTION was made by Councilman Spaeth, seconded by Council- RESOLUTION NO. 72414 man Seibold,-.to adopt. RESOLUTION NO. 72414, A RESOLUTION APPROVAL OF POLLIN10" m APPROVING THE POLLING LOCATIONS FOR THE SEPTEMBER 129 1972 LOCA`fIONS FOR PRIMARY STATE PRIMARY ELECTION. Motion carried on a Roll Call ELECTION vote, five ayes. Item -34 i 1 MOTION was made by Councilman. Spaeth, 4y Council- RESOLUTION NO. 72415 man Seibold, t4 adopt RESOLMON NO. 72-315, A RESOLUTION APPROVAL OF ECEM APPROVIIG THE LIST OF ELECTION JUDGES FOR THE SEPTEMBER 12, JUDGES FOR PRIMARY 1972 STATE PRIMARY ELECTION. Motion cLrried on a Roll ELECTION Call vote, five ayes. Item 8-A MOTION was made by Councilman: Seibold, seconded by Coun- cilman Neils, to adopt RESOLUTION N0, 72-31C, A RESOLUTION APPROVING THE DISBURSEMENTS FRGM THE GENERAL FUND, CON- S`1'RUCTION FUND, WATER FUND, SEAR FUND, SPECIAL ASSESSMENT FUND AND BOND AND INTEREST FUND FOR THE PERIOD ENDING) AUGUST 106 1972. Mgtion carried on a Roll Call vote, three ayes, with Councilmen Spaeth ai;d hunt voting nay. Mliyor Hilde asked for guidance from the Council regarOing a request from Rolf Nelson that he be allowed to have his picture taken with a Village police officer, The matter was discussed briefly, and the Council decided not to take any action. MOTION was made by Mayor Hilde, seconded by Councilman Sei6old,to adopt RESOLUTION NO. 72-317, A RESOLUTION CAN- CELLING THE REGULAR MEETING DATES OF SEPTEMBER 4, 1972 AND SEPTEMBER 18, 1972 AND SETTING SPECIAL MEETING DATES FOR SEPTEMBER 119 1972 AND SEPTEMBER 25, 1972, motion carried on a Roll Call vote, five ayes. Mayor Hilde adjourned the meeting at 1:45 a.m, h Sandra L. Haugen Village Clerk RESOLUTION Nom. 72-316 DISBURSEMENTS FW- PERIOD ENDING 8-1049 Item 9-A 0 RE SOLUT ION NO % 72%317, SEPT61WEETING, Y