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HomeMy WebLinkAboutCity Council Minutes 09-11-1972 Special0 0 0 ., °J f 0 d 1' MINUTES SPECIAL COUNCIL MEETING SEPTEMBER 11, 1972 1. A special meeting of the Plymouth Village Council was called to'order by Mayor Hilde at 7:37 pm. in the Council Chambers of the Public Works Build- ing, 14900 Twenty-third Avenue North, Plymouth, on September 11, 1972. PRESENT: Mayor Hilde, Councilmen `Hunt, Spaeth, Seibold and Neils, Manager Willis, Attorney Lefler, Engineer Rudrud,, Planner Overhiser,and Consultant Engineer Bonestroo ABSENT: None PUBLIC HEARING A public,,hearing was held to consider street imrpovemnents for Ranchview Lane tetween 7th Avenue and 9th Avenue',, Engineer Rudrud explained the project was proposed be- cause of development of Ranchview Manor on the East tide of the street, He showed slides of the streets in the area and explained the costs of the three alternatives which could be considered, The Public Hearing was opened at 7:40 p.m. RANCHVIEW LANE STRELET IMPROVEMENT PROJECT 230 I teen 4 hoer Rausch 715 Ranchview Lane, stated four out of the 39, ve lots are built on, and he felt 1005 of the owners are against the improvement, The houses are only two or three bears old and recently pad a water assessment, They would like to delay this project for a time until they have had a chance to pay off part of this assessment, He also sug- grstec improvements were needed further South near Birchview School where the street is very narrow and felt the money could bo spent better in that area. JJhn E. Arsenault 805 Ranchview Lane, stated he was also op;osed t the IImprovement project and would rather see the developer of Ranchview Manor put the money in escrow and the pro,iect delayed, The public hearing was closed at 7:45 pm. Coun:ilman Neils stated he had two concerns: (1) even though the itxisting street serves the resiJents adequately at the present, the add";tional lots will put an increased load on the street and it will not last as it has in the past, and 2; we might be considering a very small paving project to the extent that the bid costs might be adverse, He sug- gested taking the preliminary report figures as a reasonable amount fir escrow and defer actio until it can be a reason- able site project. a S Special Council Meeting September 11, 1972 Page Two Count-f1man Hun"uestionedhow the ekro of .ount would, bye - set up -and how t6a\ development contract ou!d de worded to protect the Villago. in the event the actuet,costs exceed the escrow amount. Attorney Lefler explairit#1,he developer would be required to deposit a ;um of, money is aw fi.ctual cash account as an improvement project cost estimat-arid that final accounting would be done when the pr6ject;is out in. If the developer goes out of business in the\meantime, the additional sum would be assessed against the 'ro'perty owners. 1 Mayor Hilde stated he felt the Village could get out of` step if we even put in just a mat, if the other streets need work cion., If the project is delayed ayear or two, we could get a better project and get all the streets in the area the same. 0 MOTION was made by Councilman Neils, seco0e d by Council- RESOLUTION P40o 72-235(A) man Hunt, to adopt RESOLUTION N0. 72-325, A RESOLUTION DEFERRING ACTION ON RANCHVIEW LANE STREET IMPROVEMENT PROJECT #230. MOTION was made by Councilman Neils, seconded by Councilman Hunt, to amend the Resolution to read "RE- JECTING" rather than "DEFERRING". Mo -tion to adopt RESOLD TION N0. 72-235 as,amended carried on a Doll Call vote, live ayes.' MOTION was made by Councilman Nei 1 s, seconded by Council- RF_SOL_UTION N0. 72_ 36(A) man Spaeth, to adopt RE:°)LUTION N0. 721-236, A RESOLUTION AMENDING THE DEVELOPMENT CONTRACT t** RNNCHVIEW MANOR TO REQUIRE THAT THE PRELIMINARY ESTIMATF' r.F %OSTM AS:.FSSED TO THIS SUBDIVISION INCLUDING ADJUSTMENTS AS NECESSARY TO TAKE INTO'ACCOUNT A REASONABLE SHARING OF COSTS OF NEW STORM SEWER AND INTERSECTION COSTS BE ESCROWED IN AN IDENTIFIABLE ACCOUNT FOR CREDIT AGAINST FUTURE 'STREET, CURB, GUTTER AND STORM SEWER PROJECTS. MOTION was made by Councilman Hunt, seconded by Council- man Spaeth, to amend the Resolution to include that the escrow account that is nein uy tht: `pillage be identified to cover lots 1, 2, 3 and 4 of the Ranchview Manor plat and also be allotted in such a way that it covers the cor- ner lots in the same differentiation. Motion to amend RESOLUTION N0. 72-236 carried, five ayes. Motion to adopt RESOLUTION N0. 72436 as amended c,;rried on a Roll Call, vote, five ayes. MOTION was made by Councilman Neils, seconded by Council- man Hunt, that the Council will &wait further specific recommendations regarding the improvement of the Quantico Lane cul -do -sac from the staff. Engineer Rudrud recom- mended the 2" mat be put in to match the other str6 ets in the area on a temporary basis because if the fact that the proper elevation for the street, curb and gutter cannot be properly determined at this time. Motion carried, five ayes. Special Council Meeting J September 11, 1972 Page Three MOTION was made by Councilman„Spaeth, seconded by Councitm man IOunt, to reflect that the reason the Council is rem jetting this improvement project now is that we would Tike to undertake this project at a time when the streets i,in tris area need to be; improved so as to make a more efficient and homogenous project 61 Motion carried, five ayes. MOTION was.made by/Councilmaq Neils, seconded by Council- man Hunt, directing the staff to prepare specific recom- mendations to the'/Council regarding the need for a larger street improvement project in this area for consideration with the 1973 car,iital improvements. Motion carried, five ayes. MIN MOTION was made by Councilman Hunt, seconded by Council:- AUGUST 211 1972 man Seibold, to approve thf minutes of the August 21, REGULAR MEETING 1972 Regular Meeting with , he following addition: Item 5 Page 12, paragraph 1, line 6: ” . commercial and industrial to $675 per acre each." Motion carried, five ayes. PETITIONS, REQUESTS b COMMUNICATIONS Manager Willis explained the petitioner 1s requesting that two lots in Ivanhae Woods be split to create three lots. Staff recommends the request be denied because all but one lot in the area are in excess of 20,000 square feet. Mr. Poppalaars stated the reason for his requtst is that the land is very low and will reqquire extensive fill be- fore it is buildabltl. Because of the cost involved, he feels he could notf°ord to do it without having three buildable lots. He also stated he does not feel the pre vailing lot sites -in the area are above 20,000 square feet and cited examples of several lots in the area of less than 18,000 squart., feet. He stated the houses would be one story split e,fstry homes with walk -out fronts. MOTION was made ly Councilman Neils, seconded by Coun- cilman Spaeth. to adopt RESOLUTION N0, 72-237, A RESOLU- TION APPROVING THE SUBDIVISION VARIANCE SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Building D.,,%partment specify a minimum elevation for the basement floor level to assures minimum difficulty with water problems. 2. That additional charges for sewer and water connections associ- ated with the increasId number of lots be born by the propertylowner. ANTOINE POP SUBDIVISION Item -F l UT VARIANCE A) Spec i a i council Meeting September 11. 1972 Page Four MOTIO",' was made, by 'Councl loran Hunt, seconded by Coun i 1 - man Spaeth, to amend the Resolution to add a third c,,''6- ditio,n: 3. Oue to the problems of elevation as set forth in condit=on #1, that the plans for the houses be submitted to the Plann ng Director far his approval to provide that they blend it with the houses in the area. MOTION was made by Councilman Neils, seconded by;`ayor, Hilde, to amend condition #3 that such staff review be with regard to building site, building placement;`on the lot and grading of the three lots. Motion to amend the amendment carried,,fopr aye with` Councilman Seibold voting nay. Motion to amend the Resolution carried, four a es with Councilman Seibold voting nay. Motion 'to adopt RESOLUTION N0. 72-237 as amen ed carried on a Roll Call vote, five ayes. Manager Willis explained the subject parcel was assesied in 1971 for water, sewer and storm sewer wi h the lot frontage being calculated at 113.5 fret. 8 cause of a 10 foot easement along the East side of tle lot which has been used for road purposes, the width of the lot has been reduced to 103.5 feet. MOTION was made by Councilman Spaeth, sec nded by cilman Seibold, to adopt RESOLUTION N0, 72-2386 A TION REDUCING LEVY N0.'5331 ON PLAT 4372`, PARCEL FROM $3.454.18 TO $3.145.68. Motion carlHed on a Call vote, four ayes with Councilman Ne;'ts voting Coun- RESOLU 5810 Roll nay. MOTION was made gay Councilman Hunt, skonded by Council- man Seibold, to adopt RESOLUTION N0., 71-239. A RESOLU- TION RECEIVING THE ASSESSMENT ROLLS FC/R STORM SEWER PROJECTS #114 AND #117 AND ORDERING 4 HEARING TO BE HELD ON MONDAY, OCTOBER 2, 1972 AT 7:30 P.,M, IN THE COUNCIL CHAMBERS. Motion carried on a Roll fall vote. five ayes. MOTION was made by Councilman Hunt,/seconded by Council- n;,an Seibold, to adopt RESOLUTION N04 724401 A RESOLU- TION RECEIVING THE ASSESSMENT ROLLS FOR WATER AND SANI- TARY SEWER PROJECTS #101, 01181 #1196 #126, #127 AND #921 AND ORDERING A H WING TO BE HELD ON TUESDAY, OCTOBER 31 1572 AT 7:00 P.M, 1N THE WAYZATA SENIOR HIGH SCHOOL% motion carried on a Roll Call vote, five ayes. I DAVID FELDER 11605 28TH AVENUE NO., ASSESSMENT REDUCTIO11 Item 6-A F RESOLUTION NO_ 72-238(A) 0 RESOLUTI04 N0. 72-239(A) RECEIVING AT'JE MENT ROLLS , Item 6-B i RESOLUTION H0J 72m243tA) f it 0 Special Council Meeting, September 1f,' 1972 Page Five NOTION was made by Co:unci 1 man:) Hpnt, seconded by Council= RESOLUTION 0. 72-241(A) man Seibold, to adopt RESOLUTION NO. 72-2419 A RESOLD- TION RECEIVING THE ASSESSMENT ROLLS FOR WATER AND SANI- TARY SEWER PROJECTS 4129. #132 AND'#825 AND ORDERING A HEARING TO BE HELD ON WEDNESDAY,,OCTOBER 4. 1972 AT 7:00' P.M. IN THE'WAYZATA SENIOR HIGH SCHOOL. Motion carried on a R611 Caul vote, five ayes. r ouncilme:n Hunt and Spaeth volunteered for the committee to review the rolls of the foregoing projects. Mayor Hi l de indicated there were two policy matters that ASSESSMENT POLICY required fuel l , Counci 1 consideration: 1. Manager Willis explained they were trying to arrive at, a policy which would provide some equity to single family laodowners with lots larger than 1/2 acre but less than 1 acre. He suggested using the figure of up to .8 of an acre to be equiwal,ent to 1/2 acre for area charges. He explained this figure vias picked because .8 of an acee cannot be sub- divided into two lots under ordinance requirements. Councilman Neils stated that in terms of running trunks and Village interceptors the cost is larger to progress through an area of large lots than it is through an area of small lots and N4ggested drawing a line at the half acre and pro- portioning the area charge from that point up in accordance with the size of the lot as a more reasonable sharing of the area and distance costs. Councilman Hunt stated he agreed that it should be no less than 1/2 acre per building site as this was the old policy the Village has used in the past. It was the consensus of the Council that the line should be drawn at 1/2 acre, and because this is the policy adopted } and'used by the Village in the past, no action was necessary. 2. Manager Willis explained that the REC charge is being assessed along with the area charge this year but in the future will be collected at the time the building or plumbing permit is taken out. With respect to commercial and indus- trial.land presently zoned, staff feels it would be pre- mature at this time to apply the REC charge to these parti- cular Oarcels, rather just apply the area charges until we know what is going to happen to the land. MOTION was made by Councilman Hunt, seconded by Council- man Spaeth, to adopt RESOLUTION NO. 72-242, A RESOLUTION ESTABLISHING VILLAGE POLICY AS FOLLOWS: THE REC CHARGE WILL BE ASSESSED AT THIS TIME IN THOSE PLATTED AREAS WHERE THE AREA CHA11GES HAVE BEEN DEFERRED. IT IS THE POLICY OF THE COUNCIL TO ASSESS THE REC CHARGE ALONG WITH THE AREA CHARGES IN AREAS ALREADY PLATTE : BUT Ill THE UN - PLATTED OPEN LAND AREAS, WE WILL ONLY ASSESS THE AREA CHARGES AND WAIT UNTIL TIME OF HOOK UP TO ASSESS THE REC CHARGE. Motion carried on a Roll Call vote, five ayes. RESOLUTION N0. 72442(A) S Mayor Hi l de indicated there were two policy matters that ASSESSMENT POLICY required fuel l , Counci 1 consideration: 1. Manager Willis explained they were trying to arrive at, a policy which would provide some equity to single family laodowners with lots larger than 1/2 acre but less than 1 acre. He suggested using the figure of up to .8 of an acre to be equiwal,ent to 1/2 acre for area charges. He explained this figure vias picked because .8 of an acee cannot be sub- divided into two lots under ordinance requirements. Councilman Neils stated that in terms of running trunks and Village interceptors the cost is larger to progress through an area of large lots than it is through an area of small lots and N4ggested drawing a line at the half acre and pro- portioning the area charge from that point up in accordance with the size of the lot as a more reasonable sharing of the area and distance costs. Councilman Hunt stated he agreed that it should be no less than 1/2 acre per building site as this was the old policy the Village has used in the past. It was the consensus of the Council that the line should be drawn at 1/2 acre, and because this is the policy adopted } and'used by the Village in the past, no action was necessary. 2. Manager Willis explained that the REC charge is being assessed along with the area charge this year but in the future will be collected at the time the building or plumbing permit is taken out. With respect to commercial and indus- trial.land presently zoned, staff feels it would be pre- mature at this time to apply the REC charge to these parti- cular Oarcels, rather just apply the area charges until we know what is going to happen to the land. MOTION was made by Councilman Hunt, seconded by Council- man Spaeth, to adopt RESOLUTION NO. 72-242, A RESOLUTION ESTABLISHING VILLAGE POLICY AS FOLLOWS: THE REC CHARGE WILL BE ASSESSED AT THIS TIME IN THOSE PLATTED AREAS WHERE THE AREA CHA11GES HAVE BEEN DEFERRED. IT IS THE POLICY OF THE COUNCIL TO ASSESS THE REC CHARGE ALONG WITH THE AREA CHARGES IN AREAS ALREADY PLATTE : BUT Ill THE UN - PLATTED OPEN LAND AREAS, WE WILL ONLY ASSESS THE AREA CHARGES AND WAIT UNTIL TIME OF HOOK UP TO ASSESS THE REC CHARGE. Motion carried on a Roll Call vote, five ayes. RESOLUTION N0. 72442(A) n I Special Council Meeting September11. 1972 Page Six Manager Willis explained tisere was a mistake in the De- velopment Contract for the 3rd Addition in that the park dedication was not included. This 4.57 acre parcel pro- posed -to be dedicated to the Village would fulfill the park requirements for the 3rd Addition and for the pro-, posed Imperial Hills South Addition. I J IMPERIAL HILLS ACCEPTANCE OF PARK LAND Itemm 6-C(1) MOTION was made by Councilman Hunt, seconded by Council-., RESOLUTION N0. 72-243(A) man Spaeth, to adopt RESOLUTION NO, 72-243. A RESOLUTION ACCEPTING THE LAND DESCRIBED -,AS EXHIBIT A FOR PARK PURPOSES FROM ECKLUND b SWEDLUND CONSTRUCTION COMPANY TO MEET THE PARK REQUIREMENTS OF THE THIRD ADDITION AND THE PROPOSED IMPERIAL HILLS SOUTH ADDITION PROVIDED ALL SUCH LAND IS DE- VELOPED IN SINGLE FAMILY'RESIDENTIAL UNITS AND THAT IF IT IS DEVELOPED IM OTHER THAW SINgLE FAMILY UNITS, ADDITIONAL PARK DEDICATION WILL BE REQUIRED. MOTION was made by Councilman Seibold, seconded by Coun- cilman Spaeth, to amend the latt part of the Resolution as follows: land to be dedicated for public park purposes for all the land in the Imperial Hills Third Addition and proposed Imperial Hills South Addition as presently toned as single family use provided all said land is develpped in single family residential units." Motion to amend the Resolution carried, five ayes. Motion to ado t RESOLUTION NO. 72-243 as amended carried on a Roll Call vote, five ayes. MOTION was made cilman Seibold, LUT10N APPROVING 2ND, aRD AND 4TH Call vote, five by Councilman Spaeth, seconded by Coun- to adopt RESOLUTION N0, 722244, A RESO- THE BOND REDUCTIONS FOR IMPERIAL HILLS ADDITIONS. Motion carried on a Roll ayes. RESOLUTION N0. 72-244(A) 111PINIX HILLS BOND REDUCTION Item 6-C(2) Councilman Neils stated he '-,It the plat was incompatible IMPERIAL HILLS STH a 6TH with other plats in the area. He pointed out it has less ADDITIONS - FINAL PLAT b than the required distances ,r the rear lot lines on the DEVELOPMENT CONTRACT cul-de-sac backing up to Highway 101 and questioned if theltem 6-C(3) Village wants Outlot A to become public property as it has extremely limited public access. Councilman Neils also questioned whether right of way had been acquired for th4 street which extends into the Snyder plat. The development contract provides for it to be built iiut does not acquire the right of way. Planner Overhiser explained the Park and Recreatlon,Com- mission has recommended that Outlo,! A not be a public park but rather a private park under the control of the develop - or or a homeowners associat;on. He stated he felt it,was a possibility that this parcel might revert back to the, tillage at some time ih the future ?kir non-payment of taxes and stated the staff did not have any objection to removing Special Council° heeting' j t1 September,'ll, 1972 Page Seven thisOutlot A.and repla'ing it with the necessaryeasements so that all of the property,is platted- Mayor H11de sug- gested that the outlot/be absorbed into the lots of this subdivision. MOTION was (made ky Councilman Hunt, secoAded by Council- man Spaeth to defer`accepting the final plat and directing the staff to work 'ith Ne developer in accomplishing the following two poi:s: 1. Acquire the right of way for the street extending into the Snyder Plat, 2. Eliminate Oup of A by absorbing jt!into the expansion of,the con- tiguous lots and the Village se,ure a dual purpose easement in the area of,Outlot A which would serve as both a drainage and- trail ease*nt and' that 'this wnui d ; also continue along the South border of lots 3 and "1, in the 6t6 Addition so as to join up Nith the North/side of Snyder Lake. Notion carried, five ayes. A Councilm A paeth pointed out the lots backing up to Highway 101 and i;ugIested the devv"oper redesign these lots to in- crease the !back yard setbacks. Councilman Hunt stated he 4mould be 14# 1 favor of less than 50 foot setbacks for these lots to aci complish this. i MOTION Mt:s made by Councilman Hunt, seconded by Council- mfn N011, to adopt RESOLUTION NO, 72-245, A RESOLUION ORD ERIN THE PREPARATION OF THE ASSESSMENT ROLLS FOR IK. PROVEM,C: T PROJECT'S 0115 AND 4023. Notion car, ied on a R1311 Ca 1 vote, five ayes. NOTIP I was made by Councilman Spaeth,, secondee by Coun- c i 1 tga!a Hunt, to adopt RESOLUTION NO. 72-246, A RESOLU- TIOgi;,0RDERING THE PREPARATION OF THE ASSESSMENT ROILS FOR THf 912 STREET LIGHTING PROJECTS. Notion carried on a korl'. Cal I vote, five ayes. WOTIUN was made by Councilman Seibold, seconded by Coun- ilman Neils, to adopt RESOLUTION NO. 72-2470 A ^ SOLU- TION ORDERING THE PREPARATION OF THE ASSESSMENT ROLLS FOR THE 1972 WEEr, ERADICATION. Motion carried on a Roll Call vote, three ayes, with Councilmen li:.int and Spaeth abstaining% MOTI13N was made by Calincilman Spaeth, seconded by Coun- cilman Hunt, to adopt RESOLUTION NO. 72-249. A RESOLD» TION APPROVING THE SUBDIVISION VARIANCE REQUESTED BY J. BERNARD HELLER, SUBJECT TO THE COND117ION THAT THE BU ILD- ING DEPARTMENT NOT APPROVE ANY BUILDING PLANS WITH BASIE- MENT FLOOR ELEVATION OF LESS THAN 890.2 FEET. Motion carried on a Roll'Call vote, five ayes. RESCLUT104 I R09 7&"-245(A) PREPARATION OF ASSESS- MENT ROLLS Item 4-0 RESOLUTION NO 72-246(A) RES, OLUTIQN N0. 72-247(A) I RESOLUTION N0. 72443(A) SUBOVISIRN VARIANCE Item 6-C UQj RESCLUT104 I R09 7&"-245(A) PREPARATION OF ASSESS- MENT ROLLS Item 4-0 RESOLUTION NO 72-246(A) RES, OLUTIQN N0. 72-247(A) I RESOLUTION N0. 72443(A) SUBOVISIRN VARIANCE Item 6-C I See 1al Coun l Meeting Sep tiebdr 119 1 '712 Paq Eight KOTAN was made by Coun l"I man. Spaeth; seconded by Coun- 1 l baa Seibold, di recti ng"Iho staff to prepare a Resot u - ion which would prohibit_,bii ;,I ding aR_ in` elevation lower than 890.2 feet on the entire "redicine 1ake. Notion cRrried.,f1ve ayes. 14e1`ao'er Willis reviewed a letter da ted leptewher 1. 1972 df tcted to Be1Nar Builders advising thea, they had 10 dal -s within which , to initate the completid'.,,of the re - q0 red work on the storm sewer, NOTION was made Oy,Councilman Spae:*. seconded by Coy- c ,man Neils, as a \directive to the staff that ,if gel;ar Bu ildors, Inc. does not proceed wi•.Vi n the allotted -tire the Village should procired to hire an contractor aii!, dq the work with the casts- to be paid for by using monies from the Certificate of' Deposit 0350 with t'Aa Xorlthwdstern Notional Bank of Minneapolis, Notion caveled. five Oyes. MOTION was made by Councilman Seibo;d' seconded by Coun- cilman Neils, directing the staff to initi to similar action with any discrepancies in development contracts With BelMar Builders. Motion carried, five ayes. NOTION was made by Councilman Hunt, secondedCouncil- man Neils, to adopt RESOLUTION NO. 72.249, A Rby SOLUTION APPROVING THE FINAL PAYMENT ON WELL N0. 3. Metlon arrled on a Roll Call vote. five ayes. Manager Willis reviewed a draft leuter from Super Valu to the Village petitioning for street, fmpro+oements and waiving the rights of hearing. Engineer Rudrud explain- ed that Super Valu's concern is that they my be assessed for cutting off access. Attorney Lefler stted his only concern is that we have a clear understanding that Super Valu is to build those turning lanes; obviously, they cannot be expected'to pay for cutting off any access. He stated we should have a written expression of this under- standing. Councilman Neils pointed o -it that the three party storm sewer agreement is for construction of the storm sewer only for that portion in the public right of way; ther4 1s no development contract for storm sewer within the parcel; and there is no development contract for bonding of landscaping at the back of the property. There is still before the Council the question of whether 0is tire intersection fihprovement should be, done to ur[,i o section in one project now. FOX MEADOWS STORM SEWER ttem 7•A 0 0 RESOL (TION N0. 72, 249 A) Item 7-B SUPER VALU STORES. INC. WAIVER OF NEARING FOR PUBLIC IMPROVNENT Item 7`oC I X; j NOTION was made Oy,Councilman Spae:*. seconded by Coy- c ,man Neils, as a \directive to the staff that ,if gel;ar Bu ildors, Inc. does not proceed wi•.Vi n the allotted -tire the Village should procired to hire an contractor aii!, dq the work with the casts- to be paid for by using monies from the Certificate of' Deposit 0350 with t'Aa Xorlthwdstern Notional Bank of Minneapolis, Notion caveled. five Oyes. MOTION was made by Councilman Seibo;d' seconded by Coun- cilman Neils, directing the staff to initi to similar action with any discrepancies in development contracts With BelMar Builders. Motion carried, five ayes. NOTION was made by Councilman Hunt, secondedCouncil- man Neils, to adopt RESOLUTION NO. 72.249, A Rby SOLUTION APPROVING THE FINAL PAYMENT ON WELL N0. 3. Metlon arrled on a Roll Call vote. five ayes. Manager Willis reviewed a draft leuter from Super Valu to the Village petitioning for street, fmpro+oements and waiving the rights of hearing. Engineer Rudrud explain- ed that Super Valu's concern is that they my be assessed for cutting off access. Attorney Lefler stted his only concern is that we have a clear understanding that Super Valu is to build those turning lanes; obviously, they cannot be expected'to pay for cutting off any access. He stated we should have a written expression of this under- standing. Councilman Neils pointed o -it that the three party storm sewer agreement is for construction of the storm sewer only for that portion in the public right of way; ther4 1s no development contract for storm sewer within the parcel; and there is no development contract for bonding of landscaping at the back of the property. There is still before the Council the question of whether 0is tire intersection fihprovement should be, done to ur[,i o section in one project now. FOX MEADOWS STORM SEWER ttem 7•A 0 0 RESOL (TION N0. 72, 249 A) Item 7-B SUPER VALU STORES. INC. WAIVER OF NEARING FOR PUBLIC IMPROVNENT Item 7`oC I X; i; I Special Council Neeting September ll, 1972 Page ,Nine _ Councilman` Neils stated his d\oncern is about 'asking Super Valq to build these turning lanes now and tw or three years tater we go to a full urban section, pa%t of which tha County and State pay for and she remainders, of which would be assessed against this property owner to build them a second Mme. Councilman Hunt stated hi thought this would only be a matter of adding curbs aqd drainage. NOTION was made b Councilman S aethi, seconde b Couno RESOLUT ON NO. 72-250 AI cilman Seibold, to adoptSINQ S; RESOLUTION2-25 A RESOLU[- 1 —( TION APPROVING THE PETITION FOR INPROVEk NT 0 THE STREET AND'*,,AIVER OF HEARING SUBJECT TO OUR ATT)RNE Y'S ACCEPT- ANCE A LETTER FROM SUPER VALU STATING T1414 4ILL PAY THE ASSESSMtNTS FOR THE TURKING LANES AND IDEKTh'PYING THEM AS THE ONLY BENEFIT PARTY. Motion k,arried o6 a ,oll Call vote, four ayes with Councilman Neils abstaining, 1 NOTION was made by Councilman Hunt, seconded ay Council- fSOLUTION N0. 72-251(A) man Spaeth,, -+.o adopt RESOLUTION N0. 72-2519 A MOLD- ECAPHERENSIVE SEW", TION APPROVING THE COMPREHENSIVE SEWER PLAK DATED JULY 26 PLAN 1972 AS AMENDED. Notion carried on a Roll Call vote, Item 7%E five ayes. 1 MOTION was made by Councilman Spaeth, secpnded by Councilmtl Hunt, directing the staff to prepare a preliminary study which would consider moving the sewage from these Northern areos previously discussed to the North with the view of approaching the Metropolitan Council and getting their approval to do this type of thing so that we can have the ground work available when we want to go ahead with its Motion carried, five ayes. The Council reviewed the progress to date. Mavor Hilde indicated consideration was being given to establishing a committee to advise our representative from our sewer district of local interests,. Councilman Neils stated he thought we should advise the Metropolitan Council that there has been some consideration to petitioning for a legislative hearing or the matter. MOTION was mace by Mayor Hilde, seconded by Councilman Hunt, to adopt RESOLUTION NQ, 72452, A RESOLUTION EX- PRESSING THE COUNCIL'S ;APPRECIATION TO CHERYL SPAETH, CONNIE HINTZ AND DONNA HEINITZ FOR THEIR VOLUNTEER WORK WITH THE VOTER REGISTRATION RiCOROS. Motion carried on a Roll Call vote, five ayes. The Council reviewed a letter received from Louis Strauch askiry For sidewalks in the area of Highway 101 and County Road 6. The staff was directed to refer this matter to the Park and Recreation Commission for study. METRO SEWER BOARD PROPOSED -COST ALLOCATION Item 7%F RESOLUTION N0. 72452 (A) PETITION FOR SIDEWALKS ALONG HIGHWAYS 101 & 6 i Special Council M eotin September11, 197 - 1PageTon / Councilman Spaetk, s?rated( he had , received cai Y from the PLYMOUTH BAPT Plrouth Baptista; C '*rch 'regarding the gas taih -.ar`.d pumps VARMICE REQU' approved by the unci1 on August 21. 1972: Tpe-re appears i to wM - a hardsh4 putting these facilities undergro41nd as r'equi red by ordinance because of the fact that this is, a temporary er-rah,gement. i\ Councilman Wells suggested the staff ka- -,authors zed to Jevel op a reasonable ' sol a -tion 't-% the prohl-em gi v .kgthem aut,4ri zati on to grant an ordi name V variance as warranted. Mayor Wilde polled the Council or" the suggestion. and the Ojerity was in favoir. MOTION was mad by Councilman Neils,, seconded by Counc l- TRAILS man Hunt. dire:ting the Trails Cormittee to draw up specific criteirie as to width, location. etc. )*or each 'of i the categoriesi of trails they are considering. Motion carried,, five ayes. Councilman Sea bold reportei that the Trail Cornmi ttee has requested a• jut nt meetiag of the Park and Recreation Com* mitsee, Trai l•Commltt.e and Village Council to review their work. Mayor 'Wilde suggested they line up a meeting and set p an agenda ;of what they have done and any questions they have. Mayor Hilderadjourned the meeting at 11:15 p.m. Village Clerk fT CHURCH T