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HomeMy WebLinkAboutCity Council Minutes 09-25-1972 SpecialM I NU T E S SPECIAL COUNCIL MEETING SEPTEMBER 1972 V, 0 G JJJ I M I NU T E S SPECIAL COUNCIL MEETING SEPTEMBER 1972 V, 0 G I A special meeting of the Plymouth Village Council was call,)d to order by Mayor Hilde at 7:35 p.m. in the Council Chambers of the Public Works Build- ing. 14900 Twenty-third Avenue North, Plymouth, on September 25, 1972. PRESENT: Mayor Hilde,,Councilmen Hunt, Spaeth. Seibold and Neils (arrived at 8:35 p.m.). Manager Willis, Attorney Lefler, Engineer Rudrud and Planner Overhiser ABSENT: None MINUTES MOTION was made by' Counc i lman Spaeth, seconded by Coun• AUGUST 289 1972 cilman Seibold, to approve the minutes of the AuguFt 28, SPECIAL MEETING 1972 Special Meeting with the following correction: Item 4-A Page 4. paragraph 4, line 4: " . Metropolitar Council has been asked to delay . , , to Motion carried, four ayes, MOTION was made by Councilman Seibaid, seconded by Coun- SEPTEMBER 11, 1972 cilman Spaeth, to approve the minutes of the September 11. SPECIAL MEETING 1972 Special Meeting with the following correction: Item 44 Page 8, paragraph 4, line 4: " . discrepAncies i:, develop- ment contracts with Be1Mar Builders," NOMMM Motion carried, four ayes, MOTION was made by Councilman Spaeth, seconded by Coun• SEPTEMBER 18, 1972 cilman Seibold, to approve the minutes of the September SPECIAL MEETING 18. 1972 Special Meeting, Motion carried, four ayes, Item 4-C MOTION was made ly Councilman Hunt, seconded by Councile man Spaeth, to approve the minutes of the September 20, 1972 Special Meeting, Motion carried, four ayes, PETITIONS, REQUESTS 8 COMMUNICATIONS The petitioner requests the subdivision of parcels 4220 and 4246 of Lot 1. Block D, Plymouth Orchards into four parcels, AreQ- charges have been assessed on the two parcels, and it was agreed additional water and sewer REC charges should apply to the two additional lots to be created, SEPTEMBER 20, 1972 SPECIAL MEETING Item 4-D NORTHERN PREFERRED CO. SUBDIVISION VARIANCE Item 54 0 JJ J I A special meeting of the Plymouth Village Council was call,)d to order by Mayor Hilde at 7:35 p.m. in the Council Chambers of the Public Works Build- ing. 14900 Twenty-third Avenue North, Plymouth, on September 25, 1972. PRESENT: Mayor Hilde,,Councilmen Hunt, Spaeth. Seibold and Neils (arrived at 8:35 p.m.). Manager Willis, Attorney Lefler, Engineer Rudrud and Planner Overhiser ABSENT: None MINUTES MOTION was made by' Counc i lman Spaeth, seconded by Coun• AUGUST 289 1972 cilman Seibold, to approve the minutes of the AuguFt 28, SPECIAL MEETING 1972 Special Meeting with the following correction: Item 4-A Page 4. paragraph 4, line 4: " . Metropolitar Council has been asked to delay . , , to Motion carried, four ayes, MOTION was made by Councilman Seibaid, seconded by Coun- SEPTEMBER 11, 1972 cilman Spaeth, to approve the minutes of the September 11. SPECIAL MEETING 1972 Special Meeting with the following correction: Item 44 Page 8, paragraph 4, line 4: " . discrepAncies i:, develop- ment contracts with Be1Mar Builders," NOMMM Motion carried, four ayes, MOTION was made by Councilman Spaeth, seconded by Coun• SEPTEMBER 18, 1972 cilman Seibold, to approve the minutes of the September SPECIAL MEETING 18. 1972 Special Meeting, Motion carried, four ayes, Item 4-C MOTION was made ly Councilman Hunt, seconded by Councile man Spaeth, to approve the minutes of the September 20, 1972 Special Meeting, Motion carried, four ayes, PETITIONS, REQUESTS 8 COMMUNICATIONS The petitioner requests the subdivision of parcels 4220 and 4246 of Lot 1. Block D, Plymouth Orchards into four parcels, AreQ- charges have been assessed on the two parcels, and it was agreed additional water and sewer REC charges should apply to the two additional lots to be created, SEPTEMBER 20, 1972 SPECIAL MEETING Item 4-D NORTHERN PREFERRED CO. SUBDIVISION VARIANCE Item 54 0 n Special Counctl Meeting September 25. 1972 Page Two MOTION was made ,by Counc1lman, Spaeth, se;onded by Coun cilman, Seibold, to adopt RESOLUTION NO. tZ 2:55, A RESOLU4 TIW'APPROVING THE SUBDIVISION TO CREATE FG!IR PARCELS'. I Motion carried .on`, a Roll Call vote, four ayis,.) MOTION was made by Counci lrtlan Spaeth, second,%A y Coun- cllman Seibold, to adopt RESOLUTION N0. 72-256; I RESOLU- TION SETTING FORTH THE'SPECtAL CONDITIONS OF THE'1UBDIVI- SION APPROVAL AS SET FORTH 1N THE,,ATAFF REPORT DATED SEPTEMBER 22, 1972 WITH THE ADDITION OF A THIRD CONDITION AS FOLLOWS. 3. The water and sewer REC charges shall apply to the. two addi- tional lots which are created. Motion carried on a Roll Call vote, four'eyes, n The petitioner requested that lots 1 and 3 be divided into two lots each of just over 18,000 square feet each with lot 2 remaining unc.h'a, ged andfrontingonFernbrook Lane. It was the staff's iecommendation that the three lots be split into four which would front onto 13th Avenue and 14th Avenue. The Council was in agreement that the driveway onto Fernbrook Lane would become a problem in the future when the street is upgraded to a major thor- oughfare. MOTION was made by Councilman Spaeth, seconded by Coun- cilman Seibold, to adopt RESOLUTION NO. 7,2457, A ,RESO- LUTION APPROVINS THE DIVISION OF LOTS 1, 2 AND 3 INTO FARCELS A, B, C AND D. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Coun- cilman Seibold, to adopt RESOLUTION NO. 72-258, A RESO- LUTION SETTING FORTH THE FOUR SPECIAL CONDITIONS OF THE SUBDIVISION APPROVAL AS SET FORTH IN THE STAFF REPORT DATED SEPTEMBER 2, 1972. Motion carried on a Roll Call vote, four ayes, The petitioner indicated he was interested in building on a lot on the cul-de•sac at the end of Queensland Lane and requested that the street easement through this lot for the future extension of Queensland lane into the un - platted land to the West be vacated. H. C. Bierwirth, 600 Queensland Lane, who lives on the other loc at the end of the temporary cil mde-sac also appeared and re- quested the vacation. The staff and Planning Commission both recommended that the easemen•. be retained because of the need for look, og utilities and to provide the right of way for a street i'f ever needed% 0 i 1 RESOLLMON H0. 72455(A) RESOLUTION NO. 72456(A)' J I EDWARD A. NELSON SUBDIVISION VARIANCE Item 5-B RESOLUTION NO. 72-_257(A), RESOLUTION NO. 72458(A) ROBER Co JOHNSON REQUEST FOR VACATION OF STREET EASEMENT Item 5-D I Special council Meeti)cg, Sept6ber 25, 1972 f Page Three MOTION was made by Councilman Hunt, seconded by Council- RESOLUTION NO. 72.459(A) man Seibold, to adopt RESOLUTION N0. 72-259, A RESOLUTION DENYING THE REQUEST TO VACATE THE STREET EASEMENT BETWEEN LOTS 6 AND 79 BLOCK 1 OF FAZENDIN-KROGNESS ADDITION. Motion carried on a Roll Call vote, four ayes. The petitioner requested a variance of 48 feet of the re- quired front yard setback and 7 feet of the required, 10 foot required side yard' set backs tol construct a ,garage at 2524 nest Media4ne lake Drive., The Board of Zoning Adjustment granted a variance of 5 feet on the North and South sides oft the property and a 30 foot v?riA.,Ge on the West property line. The petition.r,-'have ^'r ! tis would substa=ntially increase the cost of-un: s.ructic,n- of this garage and appealed the decision of,the Board of ioning DONALD BEAKER Z0N,ING VARIANCE Item 5-F ' Adjustment asking for reconsideration!or theur orfjinal re- quest. Councilman Seibold stated ;he felt th!: existing conditions' in this area were dangerous and that/an exception to the recommendations of the Board of Zoning Adjustment would create a greater danger at this poilit. He felt it would be in the best interest of the petitioner to deny the re- quest in view of the fact that the street will be upgraded at some time in the future causing them to loose a portion of their driveway. MOTION was made by Councilman Sei`tiold, seconded by Coun- cilman Hunt, to adopt RESOLUTION JO, 72-260, A RESOLU- TION OENYING THE REQUEST AND REAl"FIRMING THE ACTION TAKEN BY THE BOARD OF ZONING ADJUSTMEN". Motion carried on a Zoll Call vote, four ayes, j i The Council previously approved the site plan for this apartment project with one of the conditions being that they submit the required subdilision variance for approv- al. RESOLUTION N0, 72-260(A) METRAM PROPERTIES, INC,. SUBDIVISION VARIANCE Item S-A The Council reviewed the six,tonditions attached to the approval of the site plan wh h were to be met prior to the issuance of A building ptrmit as ,,set forth in Planner Overhiser's letter of August 22, 1972 to Mr. Bernardi. A letter dated August 31, 19842 from Thomas Barrett indicated the petitioners intended to,comply with the first three conditions by October 1, 11912 at which time they would apply for a building perwAt/ with conditions 4 through 6 to become part of the buildtinf permit and bond requirements to be completed prior to issuance of a occiApancy permit. Councilman Spaeth stated k thought the petitioner.would probably be in a position to request an occupancy permit sometime this winter when the ground work set out 1n ~on- ditions , 5 and 6 could not be done. Councilman Nuo` pointed out that these three matters were covered three f I 4 O o Special G,uneiv Meeting - September 25, 1972 Page Four r years ago and= should 'hta been c6hpleted by this time. Planner)-Oyerhi ser i nditited staf r/believes that if we had a performance bond covering the;cost of these improvements we would have( assurance; that thy`. wi11 be done. The Coun- cil, agreed that in vie+l, of past? -;i i,fficulties, the action taken on August 21,;1972 shoull tand. MOTION was made by .Counci lm4n O int, seconded by Council-.- RESOLUTION N0. 72-261(A) man Seibold, to adapt 11ESOLUTLt),4 NO. 72-2619 A ,RESOLUTION AP -PROVING THE SUBDIVISION INTO' NO PARCELS.' Moition car- 7 ti ACTION was made by Councilman Hunt., seconded by Council- ma'n Seibold, to re affirm the A"ouncil's position as set, forth in Planner ver lser`s 'Le=tter of August 22. 1972 to Mr. Ber4ardi . Motion cairriedl, four ayes,' J PLAYHOUSE SUBDIVISION within their development be accepted. There have been STREET ACCEPTANCE certain problems with'' the curb,and gutter plus seal Item 6-E coating to be done which the petitioner desires to delay until the sewer and water ha;i been put In. The perform mance bond would not be released until- these additional items are completed. MOTION was made by Councilman Hunt. seconded by Council- RESOLUTION N0. 724ff(A) man Seibold, to adopt RESOLUTION N0. 72-262. A RESOLU40 TIO:M ACCEPTING THE STREETS I1ITHIN THE PLAYHOUSE SUBDIVI- SION SUBJECT TO THE DEVE'LOPI:R MAKING REPAIRS INCLUDING SEALCOATING OF THE STREETS i1ND REPLACEMENT OF DAMAGED CURB MOTION was made by .Counci lm4n O int, seconded by Council-.- RESOLUTION N0. 72-261(A) man Seibold, to adapt 11ESOLUTLt),4 NO. 72-2619 A ,RESOLUTION AP -PROVING THE SUBDIVISION INTO' NO PARCELS.' Moition car- rived on a- Rol 1"Cal vale. four ay,'s. ti ACTION was made by Councilman Hunt., seconded by Council- ma'n Seibold, to re affirm the A"ouncil's position as set, forth in Planner ver lser`s 'Le=tter of August 22. 1972 to Mr. Ber4ardi . Motion cairriedl, four ayes,' The Playhouse Company; has recjuasted- that the streets PLAYHOUSE SUBDIVISION within their development be accepted. There have been STREET ACCEPTANCE certain problems with'' the curb,and gutter plus seal Item 6-E coating to be done which the petitioner desires to delay until the sewer and water ha;i been put In. The perform mance bond would not be released until- these additional items are completed. MOTION was made by Councilman Hunt. seconded by Council- RESOLUTION N0. 724ff(A) man Seibold, to adopt RESOLUTION N0. 72-262. A RESOLU40 TIO:M ACCEPTING THE STREETS I1ITHIN THE PLAYHOUSE SUBDIVI- SION SUBJECT TO THE DEVE'LOPI:R MAKING REPAIRS INCLUDING SEALCOATING OF THE STREETS i1ND REPLACEMENT OF DAMAGED CURB AND GUTTER BY AUGUST 1.' 1973 WITH CERTUICATE OF DEPOSIT N0. 2810 WITH THE NORTHWESTERN NATIONAL BANK BEING RETAIN- ED TO COVER THESE REPA"RS. Motion carried on a Roll Call I vote, four ,ayes. Councilman Neils joined tie Council at 8:35 p.m. MOTION was made by Councilman Spaeth, seconded by Coun- cilman Seibold, to adopt RESOLUTION NO. 72463. A RESO- LUTION APPROVING THE, CONSOLIDATION OF LOTS 7 AND 8. BLOCK 6. SUBURBANDALE ON PARKERS LAKE ADDITION. Motion carried on a Roll Call vote, five ayes. 1 On September 11, 1072 ?,he Council deferred action on this request asking that ce+l-tain revisions be made particu- larly in reference to the outlots. The charges were made in line with the Council direction, and the revised final plat was agoin oeviewed. RESOLUTION N0. 72-263(A) OSCAR E. NELSON CONSOLIDATION OF LOTS Item 5-G IMPERIAL HILLS STH d STH ADW NS - R NAL PIAT 6 DEVELOPMENT CONTRACT Item 5-E iii a O Spec ial`',Counc1l Nee'ting lSeptem7ber-75, 1072, Page Five Councilman Nei 1 s sjsated he could approve the design of the 23rd and 24th Avenue cul-de-sacs if the extension to Shady- view ,Lane was built at the same time. He stated he could , not approve the development contract until this was assured. Plianner Overhiser lindicated the outlot in., the `Snyder Addi- tion is now tax dOlinquent land. It was suggested that the developer be giver' the burden of obtaining the l and to build the street, and if he does have difficulty, he could come back to,the Villaile and we could use our powers of eminent domain. CouncilmIn Hunt pointed out that that outlot was left i,n the Snyder plat for only one purpose •- for a street and suggested that the minutes be checked back when the plat was approved. MOTION was made by Councilman Hunt, seconded by Councilman ,' Spaeth, directing the staff to research this matter further, and bring it back tt the next Council meeting. Motion carried. five ayes. Counci lman Nei 15 brought up the matter of fees for sub FEE POLICY FOR SUB - division variances and questioned how much burden the DIVISION VARIANCES Village bears in legal expenses and staff time. The fee for a subdivisijn variance or consolidation is $10, and he stated he was concerned that the Village be reimbursed properly where there are a number of lots involved. Attorney Lefler stated he also felt some -changes should be made and thi., in the case of more than a couple lots a plat should Ise required and the petitioner should pay the fee accordingly. MOTION was made by Councilman Neils, seconded by Council- man Nunt, directing the staff to look at ways by which the Village can mcre adequately be reimbursed for its expenses for subdivision variances and consolidation requests plus possibly :omi iig up with a short form platting procedure waiver that; m(9ht waive the public hearing requirements and a few things like this but no: necessarily plat regulation requirements. Motion carried, five ayes. Councilman Seibold referred back to this item previously considered and stated that as long as the development contract; is teing revised he felt it was a good time to inaugurate same of the recommendations made at the August 2a, 11,72 meeting. He stated he felt the follow- ing items should be incor orated in the Imperial Hills development contract: (I any storage of black dirt dur- ing any timr of development would not be adjacent to any developed pi-perty, (2) any undeveloped lot adjacent to a developed lov must be cut regularly to within 6 inches, 3) once 50X of a development is developed, the whole unit must be maW wined at 6 inches, and (4) up until 507 de- velopment, the grass should be cut once every three weeks IMPERIAL HILLS STH a 6TH ADO'NS - 0NAL PLAT 3 DEVELOPMENT CONTRACT Item 5-E a Specialal Counci 1 M 'et nP ,• 9 SeptPmyer 25, 1972• Page`"5i x between the period of May 15 and September, 15.l Councilman Hunt stated he agreed with this but questioned how this could be enforced. 'It was pointed out that prsent ordi- nance only prohibits noxious weeds. MOTION was'made by CouncilmanSeibold, seconde by Mayor Hilde, directing the staff to incorporate theforeggoing into this development contract and all future development contracts. MOTION was mAde by Mayor Hilde, seconded by Councilman Nellt, to amend the motion to dire t the staff to prepare the proposed amendments to the dev lopment con- tract and bring them back to the Council for heir review. Motion to amend caroled, five ayes. Motion a$ amended carried, five ayes. Councilman Spaeth quq'stioned how the Village would go about the Oestructioq of thiG building. Attorney Lefler indicated that in the- past the Fiire Departme6t has burn- ed the building by special permit. Manager Willis stated the cleanup would probably not go to bids because it would be such a small amount. Councilman Hurt stated he was opposed to allowing the Village to,burn Cohen private citizens are not able to get such a permit. i MOTION was made by Councilman Neils, secondgd by Councill- man Hunt, to adopt RESOLUTION N0, 7212641 AiRESOLUTION DIRECTING THE MAYOR AND MANAGER TO ENTER AN ORDER TO BE SERVED UPON THE OWNER WITH RESPECT TO A HAZARDOUS AND DANGEROUS BUILDING AT 2445 WEST MEDICINE LAKE DRIVE. Motion carried on a Rolf Call vote five ayes. a It was sug ested that the staff prepare a policy and schedule w th regard to condemnation of buildings - possibly in line with the timetable used on the above matter. ' MOTION was made by Councilman Neils, secWided by Coun- cilmAn Seibold, to adopt RESOLUTION NO. 72465, A RE- SOLUTION APPROVING CHANGE ORDER NO. 1 IN THE AMOUNT OF 666772 TO Co S. McCROSSAN, INC. FOR CHELSEA WOODS STREET IMPROVEMENT PROJECT ii0. 138 402. Motion carried on a Roll Call vote, four ayes with Councilman Spaeth abstaining. MOTION was made by Councilman Seibold, seconded by Ccun. cilman Hunt, to adopt RESOLUTION NO, 72466, A RESOLU- TION APPROVING CHANGE ORS"!: Nu. I IN THI AMOUNT OF $6,757 TO NORTHDALE CONSTRUCTION COMPANY FOR JINQUIL LANE SEWER AND WATER PROJECT N0. 101. Motion carried on a Roll Call vote, five ayes,, I C ELWOOD STRONG CONDEMNATION OF BUILDING Item 5-H RESOLUTION N0. 72-1264(A) RESOLUTION N0, 72,4265(A) CHELSEA WOODS STR,ET IMPROVEMENT PROJECT N0, 138402 --CHANCE ORDER N0. 1 Item 5-I RESOLUTION NO, 7* 01- 266(A) JONQUIL LANE SEWER B NATER PROJECT N0. 101 CHANGE ORDER N0, 1 Item 6-A Speci l Council Meeting September 25, 1972 Page Seveo, MOTION was made by Councilaianv-Sp4zth.lseconded by Coun- cilman Hunt, to adopt RESOLUTION NO. 24679 A RESOLU- TIOA APPROVING THE FINAL PAYMENT FOR ONQUIL LANE SEWER AND WATER PROJECT NO. 101 TO NORTHOAL: CONSTRUCTION COMPANY IN THE AMOUNT OF $37,901.00. , Motion carried ion a Roll Call vote. five ayes. i MOTION was made, by Councilman Spaeth. seconded 4y Cnu w cilman, Sefbold, to adopt RESOLUTION W 72-268, A RLSO* LUTION APPROVING -THE SCHEDULE FOR AO E311RTISENENT fOR S FOR THE FOX)MEAQOWS, STORM SEWER PROJ CT. Notion carried on a' Roll Call note, five ayes. i MOTION was made by Councilman -,Spaeth,, seconded by Conn ci lman Neils, to adopt RESOLUTION NO,. 72-2.69, A RESOLU,n TION ORDERING THE EXTENSION OF SANITARY SEWER ON PROJECT' N0. 123 ON, 1;28TH AVENUE NORTH FROlf NATHAN LAND WEST 275 FEET. Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Neils. setoided by Council- man Spaeth, to adopt RESOLUTION NO. 72470. A RESOLUTION ORDERING CHANGE ORDER NO. 1 IA THF AMOUNT OF $5.344 TO EAST MEDICIN'r LAKE WATER PROJECT N0, 123. Notion carried on a Roll Call vote. five ales. The 'Council previously discu4sed a desire to'consider certain omendlnents to the Village Subdivision Regulations and toning OrgA nance. These have been dizcussed by the Planning Commission and are now presented to the Council for adoption. They would provide a means of trtrding to clarify an ex1',,ting conflict within our Zonin41 inance and Subdivision Regulations with respect to the manner by which density is calculated fo,r park land. permitted office uses in the I-1 District and parking and loading within the setb;ck areas in the I-1 District. Councilman Neill stated he did not feel the changes to the Zoning Ordinance were necessary because in the unit subdivision project section where the change is being made it already sets forth the capability to shrink 16.500 square font lots down to 13.500 square foot lots average sire and 11.000 square foot individual uze with- out loss in the Number of lots with the balance going into open space. 'that is a direct density credit in the unit subdivision i)roject4 The Council agreed but felt this amendment would clarify the point. 1, RESOLUTION N0. JONQUIL LANE SEWR 9, WATER PROJECT NO),,) 101 1 FINAL PAYMENT Item 6-8 s RESOLWTION NO. 72468(h FOX MEADOWS STORM SEWER ADVERTISEMENT FOR RIDS It" 6-C RESOLUTION N0, 721-269(A) SANIURY SEWER EXTENSION PROJECT 40. 123 CHANGE ORDER N0. 1 Item 64 ` RESOLUTION NO. 72470(A) ORDINANCE AMENDMENTS Item 6-G ISpecial Council Meet 'ng ' September :25. 1972 Page Eight Jj MOT I O* was made by C6unc i'man Hunt•. seconded' by Counci 1- O DIIIANCE -!M* 72-10 mart Seibold, to adopt ORDINANCE NO.:2718. A9 ORDINANCE AMENDLN6 THE ZONING ORDINANCE RELATI 6 1~0 REQUIREMENTS FOR RES`IDENTJAL SUBDIVISION UNIT PROJECTS. USES BY CON- DITIONAL USE PERMIT IN THE M -1 ZONES AND PARKING AND LOAD - INS REGULATIONS IN ThE I-I,ZONES. Motion carried on al Roll Csll vote, four,ayes with Councilman Keils wvoting nay. MOTION ,was made by Couhc i 1 loan Hunt, seconded by Count i I-* ORDINANCE NO, 724*19 Asn Seibold, to adopt ORDINANCE NO. 72-19, AN ORDINANCE t AMENDING CHAPTER VII, SECIIQN 7.06 OF THE VILLAoE CODE WITH RESPECT TO THE DEDICATION OF PUBLIC SITES AND OPEN SPACES IN PLATS OF SUBDIVISION FOR RESIDENTIAL USES14 Motion carried on a Roll Call vote, four ayes with Coun- cilmen Neils voting nay. i u l40TION was made by Mayor ttilde, seconded by `Councilman Spaeth, dire tinq the staff to prepare a Resolution which would be directed to cutr-1.0gislative _representatives. the Governer and the approprnate legislative committees whereby we express our concern and show reasons why the statute which was amended a year ago should be ferther amended to eliminate the 30 acre restriction so that we have more freedom to develop a tetter community. Motion carried, five ayes. Because of the new State Ovi l di ng Code, eonf'usi on has MOBILE HOMES been imposed with respect to the location of mobile Item 6-H homes within Plymouth, and staff recommRnded that a study be made of this matter. Attorney Lefler pointed out that although mobile homeIparksarenotpermittedwithinPlymouth, mobile homes are a permitted accessory use in the RwO District as diving quarters for persons employed on the premises. These are permitted by Conditional Use Permit on a tem- porary basis. EMOTION was made by Councilman Seibold, seconded by Coun- cilman Hunt. directing the staff and Planning Commission to study the various methods of regulating the location oaf mobile homes, prepare proposed Ordinance amendments 1f necessary and report their findings back to the Coun- 01 before holding a public hearin on a proposed amend- hent to the Zoning Ordinance. Notion carried, five ayes. 14000N was made by Councilman Hunt, seconded by Council- OLUT'ON N0. 72471(A) m n Spaeth. to Pdopt RESOLOTION NO. 72-271, A RESOLU- TRAFFIC' SIGt S - 4TH TwON DIRECTING CERTAIN TRAIkFIC SIGNS TO BE ERECTED IN AVENUE J1 LANEWOOD LANE THE VICINITY OF LANEWOOD LANE AND 4TH AVENUE. Motion Item 6-,I ca;*ried on a Roll Call vottg, five ayes. Special Council Meeting September 26, 1972 Page Nine i NOTION was made by Cc uncrilaan +rt., seconded by touncil- RESOL ON N O. 72-27at j wan Spaeth, to idopt RE'ALUTIO4 NO. 72-2729 A RESOLUTION CIGA E LICENSE APPROVING A CIGARETTE 11EENSE FOR LITTIN INDUSTRIES, THC. Item 7= otiun carried oo Roll Call vote, five ayes., Manager -Willis reported that a meeting had been N,pId INTRO %WER BOARD that day between the advisory board representativls of PROPOSEV COST the six sewer districts and the Metropolitan Sewer Board ALLOCATION to discuss the entire issue and reviewed the Dosltion Itw P paper adopted by the Service Area No,, 1 CaTmittee. Mayor Wilde Indicated thabecause we have inch a short time to l eact, there are i:wo approaches we ca'n taike: (1) work with the SAC approach\or (2) leave it the way it is for1,4 ;year and work it out over the next year, tie stated he felt the approach t\,ey are suggesting now is ignoring all of the points we made in the first piece of not Laving a strict SAC charge and that this a,prodc h would be viewed as being for the sake of expediency all we are concerned about is that we are not paying so much. Councilman Hunt advised the Council that the Minnesota Housing Institute, thA Home Builders association and Minnesota Housing Authority hsve all come out against this SAC charge policy. He also stated he felt if ft -4c take the firm position of not changing anything but let tre legislature give the direction next year we could get an injunction against it because it is against the original intent, Councilman Neils cautioned that ,n injunction to stop it would have to bear the burden of proof of lack of equity over the long haul. He felt this was questionable. The legislature set forth specific guide lines by which this funding of reserve capacity and reserve treatment capacity was to be accomplia.hed initially and gave the Metropoli- tan Council and Sewer Board the power to come up with a plan such as this SAC charge. Attorney Lefler stated his analysis of the statutes indicate that ou• position may be very weak, Subdivisions 3 and 4 of the statutes set out the method by which the Sewer Poard shall make its charges, and pursuant to that language the Sewer Board set up the plan that we have. Subdivision 8,, however-, says that if the Sewer Board finds that the application of the principals under 3 and 4 are inequitable or unfair they may change. If anybody takes the Metropolitan Council or Sewer Board to court, they have the burden of proving that the decision to go the SAC charge route is arbitrary and unreasonable. Mayor Hilde pointed out that the intent of the legislature was that every sewer district should be ;ble to retain the advantages and disadvantages they had in the first place and that this argument should be used against the Metropolitan Council. Attorney Lefler stated that while he was not optomistic, at the same tloe he felt confident that the Sewer Board is not too anxious to have it tested either. I n > 11 c.19 1 -SIec1 Council Neetto'g Sept* er 26, 1972 i Fargq, i I 11. May, Wide stated he thought a partial sol ation would be for the Sewer Board to simply adopt a pclfty that made it matdatory for every community to come up with a plan to pay for their sham of their reserve capacity. The Council was i agreement that the present financial structure should t be retaine)' for the year so that \we have a rea ionable period of time to develop a seAsible financial plan end hold it for legislative review if not in, court. a time table shou'A be set up`,so that a conclusion can be reached fn time to place It jhe legis ,1Sure if the Sewer Board gets arbitrary. Mayor Hi l de suggested',, that onel' rabl em that co)old be solved',in the meantime is how the 4eferred charge. are to be paid. He stated, however, thkt we must realiza that because'\they have a motive to equalize everyth,i ng wR are go ino t4,, have to yield 04r wi l l i nt,aess to ;on si der some type of metro benefit, 4 ttil this is going ,to cost plymo4th some money. . Mayor Hilde aejourned the n Al meet,,,ng at 10:45 p.m. n Village Clerk