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Home My WebLink AboutCity Council Minutes 10-16-1972REGULAR COUNCIL MEETING OCTOBER 16, 1972 A regular meeting of the Plymouth V f'11 age -Counci 1 was called to order by Mayor Hil-d, at 7:35 p.m,,, in the Council Chambers of the Public Works Build- ing, 14900 Twenty -Third Avenue North,Plymouth, on October 16, 1972. PRESENT: Mayor Hilde, Councilmen Hurtt o iiae th, Sei bola' and Nei l,s, Manager Willis, Attorney Lefler, Engineer Rudrud and Planner'bverhiser ABSENT: None. from the Wayzata School District, MINUTES COUNTY ROAD 15 - REQUEST from the PTA MOTION was made by Councilman Seibold, seconOe'd by Coun- OCTOBER 26 1972 ci 1 -,man Hunt; to approve the minutes the- 'Jctober 2, J 1972 Spacial Meeting. Motion carried, fcur ayes, with Item 44 , Mayor Hilde abstaining. MOTION was made by Councilman Seibold, sucrynded by Coun• OCTOBER 3, 1972 ci l -man Neils, to approve the minutes of the October 3, SPECIAL MEETING 1972 Special Meeting. Motion carried, four ayes, with Item 44 Mayor Hilde abstaining., MOTION was made by Councilman Spaeth, seconded by Coun- OCTOBER 41 1972 cilman Hunt, to approve the minutes of the October 4, o p 1972 Special Meeting. Motion P four ayes, with Item 4-C Mayor Hilde abstaining. MOTION was made by Councilman. Seibold, seconded b Coun- OCTOBER 5, 1972 cilman Neils, to approve the minutes of the Octo er 5, SPECIAL MEETING 1972 Special Meeting. Motion carried, three ayes, with item 4-D Mayor Hilde and Councilman Spaeth abstaining. MOTION was made by Councilman Neils, seccnded by Coun• GCTOBER 6, 1972 cilman Seibold. to approve the minutes of the October 61 SPECIAL MEETING 1972 Special Meetingg. Motion carried, four aye`s-, with Item 4-E Mayor Hilde abstalning. MOTION was made by Councilman c] by Coun- OCTOBER 10. 1972 cilman Spaeth, to approve the minutes of the Gctober 10, SPECIAL MEETING Meeting. Motion carried, three ayes, with Item 4-F Mayor Hilde and Councilman Seibold abstaining, MINUTES` REGULAR COUNCIL MEETING OCTOBER 16, 1972 A regular meeting of the Plymouth V f'11 age -Counci 1 was called to order by Mayor Hil-d, at 7:35 p.m,,, in the Council Chambers of the Public Works Build- ing, 14900 Twenty -Third Avenue North,Plymouth, on October 16, 1972. PRESENT: Mayor Hilde, Councilmen Hurtt o iiae th, Sei bola' and Nei l,s, Manager Willis, Attorney Lefler, Engineer Rudrud and Planner'bverhiser ABSENT: None. PETITIONS, REQUESTS 6 COMMUNICATIONS O A resolution from the Wayzata School District, MINUTES COUNTY ROAD 15 - REQUEST from the PTA MOTION was made by Councilman Seibold, seconOe'd by Coun- OCTOBER 26 1972 ci 1 -,man Hunt; to approve the minutes of the- 'Jctober 2, SPECIAL MEETING 1972 Spacial Meeting. Motion carried, fcur ayes, with Item 44 , Mayor Hilde abstaining. MOTION was made by Councilman Seibold, sucrynded by Coun• OCTOBER 3, 1972 ci l -man Neils, to approve the minutes of the October 3, SPECIAL MEETING 1972 Special Meeting. Motion carried, four ayes, with Item 44 Mayor Hilde abstaining., MOTION was made by Councilman Spaeth, seconded by Coun- OCTOBER 41 1972 cilman Hunt, to approve the minutes of the October 4, SPECIAL MEETING 1972 Special Meeting. Motion carried four ayes, with Item 4-C Mayor Hilde abstaining. MOTION was made by Councilman. Seibold, seconded b Coun- OCTOBER 5, 1972 cilman Neils, to approve the minutes of the Octo er 5, SPECIAL MEETING 1972 Special Meeting. Motion carried, three ayes, with item 4-D Mayor Hilde and Councilman Spaeth abstaining. MOTION was made by Councilman Neils, seccnded by Coun• GCTOBER 6, 1972 cilman Seibold. to approve the minutes of the October 61 SPECIAL MEETING 1972 Special Meetingg. Motion carried, four aye`s-, with Item 4-E Mayor Hilde abstalning. MOTION was made by Councilman Hunt, seconded by Coun- OCTOBER 10. 1972 cilman Spaeth, to approve the minutes of the Gctober 10, SPECIAL MEETING 1972 Special Meeting. Motion carried, three ayes, with Item 4-F Mayor Hilde and Councilman Seibold abstaining, PETITIONS, REQUESTS 6 COMMUNICATIONS O A resolution from the Wayzata School District, petitions COUNTY ROAD 15 - REQUEST from the PTA of Sunset Hi 11 School and a letter of sup- FOR TRAFFIC SAFETY STUDY port from Nanus Bus Company were reviewed requesting the Item 5-A Council's support of their efforts in having the Hennepin 0 o Regular Council Meeting , seconded October 16, 1972 RESOLUTION NO. 72401 Page Two 72-401. A RESOLUTION SCOTT WILSON APOjiOCC41 THE CONSOLIDATION OF LOTS 26 AND 27r, County H:gh`Iay Department conduct a.-traffic safety analysis CONSOLIDATION OF LOTS` on County Road 15 between 1494 and County Road 736 T. Terry Johnson appeared before theCouncil and indicated Item S -C Uh Board's concern regarding accidAots and traffic prop - Roll Call leets i'n the vicinity, of the 1school . " vote, fiviN ayes. NOTION' was made by Councilman Hunt, seconded byCounci 1- RESOLUTION NO. 72499 man Seibold, to adopt RESO:_UTION N0. 72-399, A RESOLUTION URGING THE COUNTY BOARD OF)CONNISSIONERS TO DIRECT APPRO- PRIATE'TRAFFIC` SAFETY STUDIES BE 'MADE ALONG COUNTY ROAD 15 AND THAT SPECIFIC EMPHASIS BE'PLACED ON THE INSTALLATION, OF FOUR -WA -Y STOP SIGNS ON COUNTY "ROAD 15 AT THE INTERSECTIONS OF PINEVIEW LANE AND VINEWOOP LANE. 'Motion carried,on a Roll Call vote, five ,ayes. o The Council previously reviewed this final plat on IMPERIAL HILLS- 5TH a September 25, 1972 and deferred action until three prob- 6TH ADDITIONS,- FINAL l ems had been resolved. Manager indicated the PLAT 6 DEVELOPMENTMillis deed for Shadyview Lane was conveyed to the Village in CONTRACT 1965 but was never filed. Attorney Lefler advised the Item 54 deed would be filed as soon as the back taxes are abated. MOTION was made by Councilman Seibold, seconded by Coun- RESOLUTION NO. 72400 cilman Spaeth, to adopt RESOLUTION N0, 72400. A RESOLU- TION APPROVING THE FINAL PLAT, DEVELOPMENT CONTRACT AND CONDITIONAL USE PERMIT FOR IMPERIAL. HILLS STH AND 6TH ADDITIONS. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Council- RESOLUTION NO. 72401 man Spaeth, to adopt RESOLUTION N0. 72-401. A RESOLUTION SCOTT WILSON APOjiOCC41 THE CONSOLIDATION OF LOTS 26 AND 27r, BLOCK 156 CONSOLIDATION OF LOTS` REAR,%ANGRMENT IN MEDICINE LAKE PARK THIRD DIVISION RE- Item S -C QUESTED BY SCOTT WILSON. Motion carried on a Roll Call vote, fiviN ayes. MOTION was made by Councilman Hunt, seconded by Council- RESOLUTION NO, 72402 man Seibold, to adopt RESOLUTION NO. 72402, A REZOLUTION THOMAS J. KEEFE APPROVING THE CONSOLIDATION OF LOTS 7. 8 AND 9, BLOCK Is CONSOLIDATION OF LOTS ELMHURST LAKEVIEW ADDITION REQUESTED BY THOMAS J. KEEFFE. Motion carried on a Roll Call vote, five ayes. The Council suggested the staff draft an enabling resflu- tion which will provide for the abatement of assessmo is when consolidation of lots are approved, MOTION was made by Councilman Spaeth, seconded by Coun- RESOLUTION NO, 724*403 cilman Hunt, to adopt RESOLUTION N0, 72-403, A RESOLUTION CHELSEA W M,7L8 APr JVING THE FINAL PAYMENT IN THE AMOUNT AFi KF.??_?S kb PHASE II PROJECT TO NORTHDALE CONSTRUCTION COMPANY FOR CHELSEA WOODS SEWER NO, 138-001 FINAL PMT, ANLL WATER PHASE 11 PROJECT NO. 138-001 SUBJECT TO THE Item 61nA I 0 Regular Council Meeting October 4169 1972 Page Three 7 CONDITION:THAT THE PAYMENT BE HELP UNTIL THE,WAT'ER LEAK ON 18TH AVENUE AND THE MANHOLE ON YUMA LANE ARE REPAIRED. Motion carried on a Roll Call vote, , five ayes. Counci lman.=Hunt stated he felt ,the, Vi l l age must develop a faster payment schedule on projects because he could fore- see problems in the future getting good contractors to bid on projects in Plymouth. The Council further discussed the , matter of 10 percent retainage on'projects.= Engineer Rudrud explained it is -,'the Village policy to keep a retainage up until final payment. Councilman Neils stated he felt the., some policy should apply to developers why. finance their own projects and perhaps it would be reasona V: ior.the developer to pay 10 percent into an escrow fund which must be jointly released by the developer and Village. The Council further agreed that the entire 10 percent retainage should be held ntil, final completion rather than just a portion of it to insure that a contractor will come back and take care of're- pairs. V l) J i c 7 CONDITION:THAT THE PAYMENT BE HELP UNTIL THE,WAT'ER LEAK ON 18TH AVENUE AND THE MANHOLE ON YUMA LANE ARE REPAIRED. Motion carried on a Roll Call vote, , five ayes. Counci lman.=Hunt stated he felt ,the, Vi l l age must develop a faster payment schedule on projects because he could fore- see problems in the future getting good contractors to bid on projects in Plymouth. The Council further discussed the , matter of 10 percent retainage on'projects.= Engineer Rudrud explained it is -,'the Village policy to keep a retainage up until final payment. Councilman Neils stated he felt the., some policy should apply to developers why. finance their own projects and perhaps it would be reasona V: ior.the developer to pay 10 percent into an escrow fund which must be jointly released by the developer and Village. The Council further agreed that the entire 10 percent retainage should be held ntil, final completion rather than just a portion of it to insure that a contractor will come back and take care of're- pairs. V 0 MOTION was made by Councilman Hunt, seconded by Council- RESOLUTION N0. 72404 man Seibold, to adopt RESOLUTION NO% 72404, A RESOLUTION MAGNET CONSTRUCTION ORDERING A PUBLIC HEARING TO BE HELD AT 7:30 P.M. ON ORDER HEARING FOR NOVEMBER 6, 1972 REGARDING THE REQUEST OF NAGNEY CONSTRUC- EASEMENT VACATION. TION COMPANY FOR THE VACATION OF AN EASEMENT ON THEIR. Item 64 PROPERTY AT 2630 FERNBROOK LANE. Motion carried on a Roll Call vote, five ayes. The Council reviewed the plans and specifications for the street resurfacing. Engineer Rudrud explained the ton - age will remain the same and tests should balance out al- though the plans are altered from those previously pre- sented to the Council. Two inch mats would. be applied to streets presently blacktaaped, and three and four inch overlays world be applied to preset gravel streets. MOTION was made by Councilman Seibold, seconded by Coun- cilman Neil!;, to adopt RESOLUTION W0,, 72-405, A RESOLD - TION APPROVING THE PLANS AND SPECIFICATIONS AND SCHEDULE rOR THE ADVERTISEMENT OF BIDS. Motion carried on a Roll Call vote, five ayes. E. MEDICINE LAKE STREET SURFACING PROJECT NO. 173.001 PLAN APPROVAL b ADVERTISEMENT FORBIDS PROJECTS N0. 134401 b No. 123401 Item 6-C RESOLUTION NO. 72405 MOTION was made by Councilman Seibold, seconded by Noun- RESOLUTION N0. 72406 WMWWWW ci l,man Neils, to adopt RESOLUTION NO. 72-406, A RESOLU- SW STREET RES70RATION TION AUTHORIZING THE RELEASE OF THE $2o5'00 RETAINAGE TO PROJECY NO, 80t C. S, McCROSSAN, INC. Motion carried on a Roll Call vote, Item 6-D five ayes. 6 J i c MOTION was made by Councilman Hunt, seconded by Council- RESOLUTION N0. 72404 man Seibold, to adopt RESOLUTION NO% 72404, A RESOLUTION MAGNET CONSTRUCTION ORDERING A PUBLIC HEARING TO BE HELD AT 7:30 P.M. ON ORDER HEARING FOR NOVEMBER 6, 1972 REGARDING THE REQUEST OF NAGNEY CONSTRUC- EASEMENT VACATION. TION COMPANY FOR THE VACATION OF AN EASEMENT ON THEIR. Item 64 PROPERTY AT 2630 FERNBROOK LANE. Motion carried on a Roll Call vote, five ayes. The Council reviewed the plans and specifications for the street resurfacing. Engineer Rudrud explained the ton - age will remain the same and tests should balance out al- though the plans are altered from those previously pre- sented to the Council. Two inch mats would. be applied to streets presently blacktaaped, and three and four inch overlays world be applied to preset gravel streets. MOTION was made by Councilman Seibold, seconded by Coun- cilman Neil!;, to adopt RESOLUTION W0,, 72-405, A RESOLD - TION APPROVING THE PLANS AND SPECIFICATIONS AND SCHEDULE rOR THE ADVERTISEMENT OF BIDS. Motion carried on a Roll Call vote, five ayes. E. MEDICINE LAKE STREET SURFACING PROJECT NO. 173.001 PLAN APPROVAL b ADVERTISEMENT FORBIDS PROJECTS N0. 134401 b No. 123401 Item 6-C RESOLUTION NO. 72405 MOTION was made by Councilman Seibold, seconded by Noun- RESOLUTION N0. 72406 WMWWWW ci l,man Neils, to adopt RESOLUTION NO. 72-406, A RESOLU- SW STREET RES70RATION TION AUTHORIZING THE RELEASE OF THE $2o5'00 RETAINAGE TO PROJECY NO, 80t C. S, McCROSSAN, INC. Motion carried on a Roll Call vote, Item 6-D five ayes. 6 y i RegularWWI Meeting :> October , 1972 gage' Four' Tho Council reviewed the staff's statd's report on the 1973 LAWCON PROJECT 1972 East and West Medicine lake Park Acquisition Proj- Item 64 ec t, Federal approval has not been )obtained at this time because the State is holding the application pending fu;ther information on one appraisal. Manager Willis in- dicated that the options on 16 parcels are expiring between October 24, 1972 and January 8, 1973. The Council expressed concern over the staff's reluest for authorisation` to execute purchase,contracts on 11 of these parcels as their options en pare because of fear the Federal funding might not become ava i liabl a and the Village" will be forced to spend ma;e money than planned. Manager Willis explained that the Federal ap- propriations have been earmarked and that the State will re- quest the Federal Government give our pro,;eCt retroactive f.0proval. Federal approval will take from 30 to 40 days. 40TION was made by Councilman Hunt, seconded by Councilman Spaeth, directing the staff to re -negotiate the options for the extension of time they deem necessary and autlhorizing expenditures for these option extensions within the original 4,000 budget. Motion carried, five ayes. MOTION was made by Councilman !Lunt, seconded by Council- RESOLUTION N0. 72-407 man Seibold, to adopt RESOLUTION NO. 72407, A RESOLD- APPROVAL OF GENERAL TION APPROVING THE LIST OF ELECTION JUDGES FOR THE GENERAL ELECTION JUDGES ELECTION TO BE HELD NOVEMBER 7, 1972. Motion carried on Item 6-F a Roll Call vote, five ayes. Mayor Hilde reviewed discussions held between a number of community representatives and the possibility of join= ing together in a joint powers agreement to take legal action to enjoin the Metropolitan Council from proceed- ing with SAC. He indicated that approximately 20 com- munities have indicated an lnterert in joining in this nture and that the total bill will probably dmount to 8,000 or $10,000. METROPOLITAN SEWER BOARD 1973 COST ALLOCATION Item 6-G MOTION was mado by Councilman Seibold, seconded by Coun- RESOLUTION NO. 72408 oilman Hunt, to adopt RESOLUTION NO, 72-4086 A RESOLUTION AUTHORIZING TFE MAYOR AND V'LLAGE MANAGER TO EXECUTE A JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN CENTER AND/OR OTHER COMMUNITIES TO CHALLENGE THE NEW SERVICE AVAILABILITY CHARGE METHOD OF FINANCING A PART OF THE METRO- POLITAN SEWER SYSTEM AND APPROPRIATING A SUM NOT TO EXCEED 1,000 FROM THE SANITARY SEWER FUND TO ASSIST IN THE EX- PENSES INCURRED BY THIS ACTION, Motion carried on a Roll Call vote, five ayes. 10 J c Regular Council Heating October 2C. 1972 Page Five LICENSES a PERMITS C" FA MOTION was made by Councilman Speeth. seconded by Council- RESOLUlow TION N0. 72.409 man Seiboldg to adopt RES0LUTION N0, 72.409. A kESOLU• TAXI DRIVERS LICENSE TION AP9ROVING THE APPLICATION OF KENNETH N. P,EYNOLDS FOR ,Iter:.74 A TAXI DRIVERS LICENSE. Motion carried on a Roll Ca11 vote. five ayes. DISBURSEMENTS MOTION was made by Councilman Spaeth, seconded by Coun• RESOLUTION NO. 72411 i lman Neils, to adopt RESOLUTION NO. 72-411. A RESOLD• DIS1URSEMENTS ION APPROVING THE DISBURSEMENTS FROM THE GENERAL FUND. CONSTRUCTION FUND. MATER FUND. SEWER FUND AND SPECIAL ASSESSMENT FUND IN THE TOTAL AMOUNT OF :797.271.09 FOR THE PERIOD ENDING OCTOBER 5. 1972. Motion carried on a Roll Call vote, four ayes, with Councilman Hunt voting nay. Councilman Sei hold report ed on the October 11, 1972 MFTROF0LITAN LEAGUE OF Boars: meeting Lf the Metropolitan league of Muni ci pal • MUNICTIAIITIES MEETING ities. He indicated they intend to take no stand on the FA MOTION was made by Councilman Speeth. seconded by Council- RESOLUlow TION N0. 72.409 man Seiboldg to adopt RES0LUTION N0, 72.409. A kESOLU• TAXI DRIVERS LICENSE TION AP9ROVING THE APPLICATION OF KENNETH N. P,EYNOLDS FOR ,Iter:.74 A TAXI DRIVERS LICENSE. Motion carried on a Roll Ca11 vote. five ayes. DISBURSEMENTS MOTION was made by Councilman Spaeth, seconded by Coun• RESOLUTION NO. 72411 i lman Neils, to adopt RESOLUTION NO. 72-411. A RESOLD• DIS1URSEMENTS ION APPROVING THE DISBURSEMENTS FROM THE GENERAL FUND. CONSTRUCTION FUND. MATER FUND. SEWER FUND AND SPECIAL ASSESSMENT FUND IN THE TOTAL AMOUNT OF :797.271.09 FOR THE PERIOD ENDING OCTOBER 5. 1972. Motion carried on a Roll Call vote, four ayes, with Councilman Hunt voting nay. Councilman Sei hold report ed on the October 11, 1972 MFTROF0LITAN LEAGUE OF Boars: meeting Lf the Metropolitan league of Muni ci pal • MUNICTIAIITIES MEETING ities. He indicated they intend to take no stand on the Metropolitan Council SAC policy. They also reviewed the Metropolitan Council's proposal to establish a Metropoli- tan Housing and Redevelopment Authority with voluntary membership by municipalities. The Metropolitan Council will go before the next Legislature with this request. The league also adopted a resolution calling for the State to review its policy regarding penalty rates and interest charges on delinquent real estate taxes in that present policy makes it profitable for large landtowners to not pay their taxes. The Council will be considering a similar action at a forthcoming meeting. Manager Willis explained the new State Building Cocle re- PERMIT FEE FOR WAYZATA gires the Villave to make inspections of schools. The SCHOOL DISTRICT HOCKEY yiata School D,strict has come in for a building permit RINK fcr their new hockey rink, and the Manager asked 0e Coun- cil if they wishea to establish a policy for the waiver of the fee or charging the entire fee or s portion thereof for similar requests. The Council decided they wished to consider each individual application as it comes Ili* MOTION was made by Councilman Punt, seconded by Coticilman Spaeth, to waive the entire fee for the hockey rink, Motion carried. five ayes. Mayor Hilde oJjourned the meeting at 9:30 p.m. an ra a,g n Village Clerc