HomeMy WebLinkAboutCity Council Minutes 02-20-1973 SpecialIC
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M1NUTES
SPECIAL COUNCILMEETING
FEBRUARY 209 ):973
A special meeting of the Plymouth Village Council was called t order, by Mayor HiIde at
7:35 p.m. in the Council I;hambers of the Public Works Building; 14900 Twenty -Third Avenue
North, Plymouth, on February 20, 1973.
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PRESENT: Mayor Hilde. Councilmen Hunt, Spaeth, Seibold and Neils, Attorney Lefler, Engineer
Goldberg and Planner Overhiser
ABSENT: None
MINUTES
MOTION was made by Councilman Seibold,,seconded by Councilman Hunt, FEBRUARY''5. 1973
to approve the minutes of the February S. 1973 Rogular Meeting, REGULAR MEETING
Motion carried, four ayes,, with Courecilman,Spaeth abstaining. Item 4-A
PITITI QNSs REQUESTS 6 COMMUNICATIONS
The petitioner requested a Conditional Use Permit to operate a PATRECIA DONNELLY
beauty shop in her home at 4125 Quaker Lane. The Planning Comm CONDITIONAL`YSE PERMIT
mission recommended denial of this request. The petitioner was Item 54
not present at the Council meeting. Councilman Neils reported ,
he had polled eleven of the neighboring property owners. and 7
had expressed a negative reaction to allowing a home occupation
at this location.
MOTION was made by Councilman Hunt, seconded by Councilman Seibold, RESOLUTION N0. 73-67
to adopt RESOLUTION N0, 7347, A RESOLUTION DENYING THE REQUEST OF
PATRECIA DONNELLY FOR A HOME OCCUPATION FOR THE THREE REASONS AS
SET FORTH IN THE STAFF REPORT BATED FEBRUARY 15„ 1573. ,
Bob F1 esket , 4100 Quaker Lane; John Wire, 4130 tluaker Lave o, gild
Tommy Slay. 4240 Quaker Lane, were present at the meeting to oppose
the petition but indicated they did not wish to speak in view of
the above motion.
Motion to adopt RESOLUTION N0. 73-67 carried on a Roll Call vote,
five ayes.
William H. Woods requested Preliminary Plat approval foir "Williams
Woods", a parcel approximately 3 acres in sire lying between the
Oakwood plat ani Pinetree Pona. The petitioner's proposed plat
would create 3 single family lots, and the Planning Comraissiol'
recommended approval subject to 4 conditions.
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WILLIAMS WOODS
PRELIMINARY PLAT
Item 5-A
Special Council Meeting.
February 20, 1973
Page Two
INION was made b Counci
lmanSp
aeth seconded b Cou epi lman RESOLUTION N ' 70. 3- 68
Neils, to adopt RESOLUTION NO. 73`+68, A,RESOLUTION APOR6,,VING THE
PRELIMINARY PLAT OF "WILLIAMS WOODS" SUBJECT TO THE FOUR,CONDI-
TIONS AS SET FORTH IN THE STAFF REPORT DATED)FEBROARY 1511",1973
AND THE ADDITION OF THE FOLLOWING TWO CONDITIONS:
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5. That additional drainage easements required for Pinet;ree
Pond be rovidod as determined b the Village Engineer; P y 9
6.` That tie required park dedication be phovided.
Motion carried on a Roll Call vote, five ayes.
The petitioner, requested t e renewal of a Conditional Use Permit., PLYMOUTH BAPTIST CHURCH)
for two temporary classrooms and the `,consolidation and division SUBDIVISION VARIANCE 6
of parcels 2030 and 2045 into one large parcel and one single CONDITIONAL USE PERMIT
family building>lot, Pastor Kenneth Proffitt appeared represent- Item 5-C
ing the petitioner and discussed with the Council the matter of
their access drives and the location of a car port.
MOTION was made by Councilman Hunt, seconded by Councilman Neils, RESOLUTION N0_ 73-69
to adopt RESOLUTION N0, 73-691 A RESOLUTION APPROVING A CONDITIONAL
USE PERMIT FOR THE TEMPORARY CLASSROOMS UNTIL JULY 1, 1.74. Motion
carried on a Roll Call vote, five ayes.
MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, RESOLUTION F10,_0
to adopt RESOLUTION NO, 73409 A RESOLUTION APPROVING THE CONSOLI-
DATION OF PLAT 445501 PARCELS 2030 AND 2045 AND THE DIVISION TO
CREATE ONE NEW RESIDENTIAL LOT. Motion carried on a Roll Call
vote, five ayes.
MOTION was made by Councilman Hunt seconded by Councilman Neils, RESOLUTION NO, 7„71
to adopt RESOLUTION N06 73-719 A RESOLUTION DIRECTING THAT RESO-
LUTION NO. 7340 NOT BE FILED WITH THE COUNTY UNTIL 60 FEET OF
STREET RIGHT OF WAY IS DEDICATED TO THE VILLAdE .ROM THE CENTER
LINE OF THE FUTURE STREET TO BE LOCATED ON THE WEST SIDE OF SAID
PROPEVY. Motion carried on a Roll Call vote, five ayes.
the requests of Harvey 0. Brevik and Jay L. Skarnes for lot crih- CONSOLIDATIONS RESULTING
solioation` were presenter) to the Council for approval, There FROM SPECIAL ASSESSMENTS
was discussion regarding the manner in which consolidations of Item 5-0
this type are filed with the County. Attorney Lefler explained
they arse i' l l ed with the Couoty Auditor and Finance Department
but are na, filed with the Regi-ster of Deeds. The consolidations
are for t wing purposes only.
Following this discussion, the motion which was previously nide
by Councilmin Hurt and seconded by Councilmorin Neils for the
approval of the consolidation requested by ,larvey 0. 6revik was
withdrawn,,
Specs al '`Ca nci 1 testi rg
February 2q, 1973 `V
Page. Three
MOTION was made by Couit!1m
to defer action on these3 'ttj
further study on this matte
Motion carried, five ages;:"
Seibold,.seconded by Councilman Spaeth,`;
olidations until the staff has done
and reported back to the Council.
REPORTS BY OFFICERS,. BO_ COMMITTEES
MOTION was made by Councilman Hunt, saconded by Councilman Spaeth,
to adopt.RESOLUTION N0. 73-7*t% A RESOLUTION DIRECTING THE APPRO-
PRIRTE C.C.R.'S AND THE MAYOh`,11 MEET WITH THE APPROPRIATE REPRE-
SENTATIVES OF THE SCHOOL DISTRICTS IN ORDER THAT THEY MIGHT ASSIST
1N THE FORMULATION OF A SCHOOL WALK POLICY WHICH WOULD BE COMPAT-
IBLE WITH THE OVERALL SIDEWALK AND TRAIL POLICY OF THE VILLAGE.
Potion carried ori, a Roll Call vote, five ayes.,
The staff was requested to advLisethe school districts of this
action in order that,meetings can be set up in the near future.
Councilman Neils also requested the attrlrney to research the stat-
utory requirements of municipalities to provide school walks.
MOTION was Made by Councilman Spaeth, seconded by Councilman
Seibold, to adopt RESOLUTION N0, 73-73, A RESOLUTION ESTABLISH-
ING THE POLICY CONCERNING EXTENSION OF UTILITY SERVICES ONTO
PRIVATE PROPERTY. Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilman Seibold, seconded by Councilman
Spaeth, to adopt ORDINANC1 N0., 73 AN ORDINANCE AMENDING
CHAPTER II OF THE VILLAGI: CODE PROVIDING FOR THE REMOVAL OF
APPOINTEES TO VILLAGE 90iROS AND COMMISSIONS DURING THEIR TERM
OF SERVICE Bb ACTION Oi THE VILLAGE COUNCIL. Motion carried on
d Roll Call vote, live eyes.
MUTICN was made by Councilman Hunt, seconued by Councilman Spaeth,
directing the staff to develop a policy resolution which will be
provided to all commission and bcard members as well as new appoint-
ees indicating the Council will review their appointments yearly.
MOTION was made by Mayor Hilde, secchded by Councilman Spy^th, to
amend the motion to include the gucvelines that said policy be
very short and not hard in nature and refer to the general expec-
tations of the Council of all appoirteet: (1) thorough preparation
both general policies and ordinances of the Villa a and the par-
ticular agenda involved); (2) regular attendance; 3) general good
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will and being a rood spokesman for he community; an, (4) courteous
treatment of all petitioners. Mr%Aon to amend the motion carried,
five ayes. The motion as amended carried, four ayes, with Council-
man Seibold voting nay.
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RESOLUTION N0. 73-72
SIDNALK b TRAIL
POLICY
Item 6-A
RESOLUTION N0, 73-73
EXTENSION OF UTILITY
SERVICE ONTO PRIVATE
PROPERTY
Item 6-B
ORDINANCE N0, 734
REMOVAL OF APPOINTELS
TO VILLAGE BOARDS AND
COMMISSIONS
Item 6-C
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Speci3l Council Meeting
February 20, 1973
Page FouO',11
MOTION was made by Councilman Spaeth, seconded by CoLmtflman Hunt, RESOLUTION NO, 73-74
to adopt RESOLUTION NO, 73449 A"RESOLUTION AUTHORIZING PAYMENT'ON ,W, MEDICINE LK, STREET
REQUEST FOR PAYMENT NO., 721N THE AMOUNT OF =15,216,19 ON WEST '' PROJECT NO, 142 -
MEDIC,INE LAKE STREET PROJECT NO, 142 TO JEROME BEGIN CONTRACTING PAYMENT 40, 7
COMPANY, Notton,carried on a,Roll Call vote, five ayes. Item 6-D
MOTION was madqby Councilman Spaeth, seconded by Councilman Neils, RESOLUTION N0. 73-75
to adopt RESOLUTION NO, 73-75, A RESOLUTION APPROVING CHANGE ORDER JONQUIL LN, 8 36TH AVF,
N06 1 IN THE AMOUNT -OF $39329.00 ON THE JONQUIL LANE.AND 36TH STREET PROJECT NO, 227 -
AVENUE STREET PROJECT NO, 227 TO,-JEROME BEGIN CONTRACTING COMPANY, CHANGE ORDER NO. 1
Motion carried on a+,, Roll Call vote, five aures. Item 64
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MOTION was made by Councilman Spaeth, seconded by Councilman
Seibold, to adopt RESOLUTION N0, 73.76, A RESOLUTION AUTHORIZ-
ING THE VILLAGE MANAGER TO FILE AN APPLICATION ON BEHALF OF THE
VILLAGE WITH THE FEDERAL WATER POLLUTION CONTROL ADMINISTRATION
FOR A GRANT TO AID IN THE CONSTRUCTION OF SANITARY SEWER TRUNK
LINE FROM LIFT STATION NO, 1 TO LIFT STATION A. Motion carried
on a Roll Call vote, five ayes,
NOTION was made by Councilman Hunt, seconded by Councilman Neils,
to adopt RESOLUTION NO, 73-771 A RESOLUTION ACCEPTING THE SANI-
TARY SEWER, WA'EERMAIN AND STORM SEWER WITHIN TIBURON ESTATES AS
VILLAGE UTILITIES, Motion carried on a Roll Call vote, five Ayes,
IN NOTION was made by Councilman Spaeth, seconded.by Councilman Hunt,
to adopt RESOLUTION NO, 73481 A RESOLUTION AUTHORIZING PAYMENT ON
REQAST FOR PAYMENT NO, 14 IN THE AMOUNT OF $9,06170 ON CENTRAL
AREA STREETS PROJECT NO, 909 TO JERCME BEGIN CONTRACTING COMPANY,
Motion carried on a Roll Cali vote, five ayes,
MOTION was made by Councilman Seibold, seconded by Councilman
Spaeth, to adopt RESOLUTION NO, 73-791 A RESOLUTION APPROVING
THE FOLLOWING BOND REDUCTIONS FOR CHELSEA WOODS; IST ADDITION
FROM $12,000 TO $1,900; 2ND ADDITION - FROM $18,900 TO $2.800;
3RD ADDITION • FROM $13,900 TO $3400. Motion carried on a Roll
Call vote, four ayes, with Councilman Hunt abstaininy,
MOTION was made by Councilman Seibold, seconded by Councilman
Spaeth, to adopt RESOLUTION N06 73401 A RESOLUTION APPROVING THE
REDUCTION IN THE BOND FOR STREET CONSTRUCTION OF SARATOGA LANE
NORTH OF 32ND AVENUE WITHIN MED -O -LAKE ACRES 2ND ADDITION FROM
36800 TO $800. Motion carried on a Roll Call vote, five ayes.
RESOLUTION NO, 7346
APPLICATION FOR GRANT
UNDER WATER POLLUTION
CONTROL ACT
Item 6"F
RESOLUTION W 73-77
TIBURON EST)110' -
ACCEPTANCE OF WLI`, IES
Item 6-G
RESOLUTION NO, 73.78
CcNTRAI. AREA STRTS
PROJECT N0. 909 -
PAYMENT NO, 14
Item 6-H
RESOLUTION NO, 7349
CHELSEA WOODS 1ST, 2ND
A 3RD ADDITIONS -
BOND REDUCTION
Item 6-I
RESOLUTION NO, 73-80
MED -O -LAKE ACRES 2ND
ADD'N - BOND REDUCTIO
Item 6-J
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MOTILIN wis made by Councilman Hunt, seconded by Councilman Seibold, RESOLUTION No. 73_-83
to adopt RESOLUTION NO. 73-83, A RESOLUTION AUITIORIZING PAYMENT ON PLAYHOUSE SEWER SWATER
kEQUEST FOR,PAYMENT N0, 5 IN THE AMOUNT OF $231591.69 ON THE PLAY- PROJECT NO. 222 -
MUSE SEWO AND WATER PROJECT N0, 222 TO BEATSON AND KELLY CON- PAYMENT N0, 5
TPACTORS. Motion carried on a Roll Call vote, five ayes. Item 6-M
The Planner presented an agreement which has been worked out with ' WORKHOUSE FARM SKI AREA
the City of Minneapolis for the use of a portion of the Workhouse & FERNBROOK 8 CO. RD. 9
Fani as a cross country ski trail along with a Land Use Easement SKATING AREA
exer.uted by Wallace A. Turner for an ice skating area at Fernbrook Item 64
Lane and County Road 9. ,
MOTI)N was made by Councilman Neils, seconded by Councilman Hunt, RESOLUTION NO. 73-84
to adopt RESOLUTION NO. 73-84, A RESOLUTION AUTHORIZING THE MAYOR
AND 1,ANAGER TO SIGN THE AGREEMENT BETWEEN THE VILLAGE AND CITY OF
MINNEAPOLIS TO ESTABLISH A CROSS COUNTY SKI AREA OVER PORTIONS OF
THE E 1A OF SECTION 29. Motion carried on a Roll Call vote,
five ayes,
MOTI(N was made by Councilman Spaeth, seconded by Councilman Hunt, RESOLUTION NO.7_ 3 85
to acopt RESOLUTION NO. 7345, A RESOLUTION ACCEPTING THE ICE SKAT-
ING EASEMENT IN THE VICINITY OF FERNBROOK LANE Als.O COUNTY ROAD 9
AND HOLDING HARMLESS WALLACE A. TURNER FROM ANY AND ALL LIABILITY
FOR C'.AIMS RESULTING FROM THE PUBLIC USE OF SAIL! PROPERTY FOR ICE
SKATIAG PURPOSES. Motion carried on a Roll Call vote, five ayes.
With regard to the ice skating area, Councilman Spaeth rer;uested
the staff investigate grading of the, site to male the crection of
an ice skating area less costly,
MOTION was made by Councilman Hunt, seconded by 1,ouncllmar Neils, RESO UTION NO. 73-06
to adopt, RESgLUTT,ON NO, 73-86. A RESOLUTION AGRUI NU TO 1) in TER WARERNED
SUPPORT THE PREPARATION OF A JOIN• POWERS AGREEM01 BMILLN THE Item 6 0
VILLAGE, NF,IUHBORING MUNICIPALITIES IN THE ELM Or.,I. K 10INAUE
Special Council Meeting
February 20, 1973'
Page Five i
MOTION was, made by Councilman Spaeth, seconded by RESOLUTION NO. 73-81
to adopt RESOLUTION NO..13-819 A RESOLh?ION DECLARING THE ADEQUACY XENIUM LN. d 15TH AVE.
OF THE PETITION RECEIVED REQUESTING IMPROVEMENT: ON XENIUM LANE PETITION FOR IMPROVEMENTS,
AND 15TH AVENUE NORTH AND INSTRUCTING THE CONSILTING ENGINEER TO Item 6-K }
PREPARE A PRELIMINARY REPORT ON THE)IMPROVEMEN'•S. Motion carried
on a Roll Call vote. five ayes.
MOTION was made by Councilman Spibold, seconded by Councilman RESOLUTION NO. 73-62
Neils, to adopt'RESOLUTION N0. 73-82 A RESOLUTION APPROVING PLAYHOUSE SEWER'b WADER
CHANGE ORDER NO. 3 IN THE AMOUNT OF 112,612 ON THE PLAYHOUSE PROJECT N0.'222 - i
SEWER AND WATER PROJECT N0, 222 TO BEATSON AND KELLY CONTRACTORS. CHANGE ORDER NO, 3
Notion carried on a Roll Call vote, five ayes. Item 6-L
MOTILIN wis made by Councilman Hunt, seconded by Councilman Seibold, RESOLUTION No. 73_-83
to adopt RESOLUTION NO. 73-83, A RESOLUTION AUITIORIZING PAYMENT ON PLAYHOUSE SEWER S WATER
kEQUEST FOR,PAYMENT N0, 5 IN THE AMOUNT OF $231591.69 ON THE PLAY- PROJECT NO. 222 -
MUSE SEWO AND WATER PROJECT N0, 222 TO BEATSON AND KELLY CON- PAYMENT N0, 5
TPACTORS. Motion carried on a Roll Call vote, five ayes. Item 6-M
The Planner presented an agreement which has been worked out with ' WORKHOUSE FARM SKI AREA
the City of Minneapolis for the use of a portion of the Workhouse & FERNBROOK 8 CO. RD. 9
Fani as a cross country ski trail along with a Land Use Easement SKATING AREA
exer.uted by Wallace A. Turner for an ice skating area at Fernbrook Item 64
Lane and County Road 9. ,
MOTI)N was made by Councilman Neils, seconded by Councilman Hunt, RESOLUTION NO. 73-84
to adopt RESOLUTION NO. 73-84, A RESOLUTION AUTHORIZING THE MAYOR
AND 1,ANAGER TO SIGN THE AGREEMENT BETWEEN THE VILLAGE AND CITY OF
MINNEAPOLIS TO ESTABLISH A CROSS COUNTY SKI AREA OVER PORTIONS OF
THE E 1A OF SECTION 29. Motion carried on a Roll Call vote,
five ayes,
MOTI(N was made by Councilman Spaeth, seconded by Councilman Hunt, RESOLUTION NO.7_ 3 85
to acopt RESOLUTION NO. 7345, A RESOLUTION ACCEPTING THE ICE SKAT-
ING EASEMENT IN THE VICINITY OF FERNBROOK LANE Als.O COUNTY ROAD 9
AND HOLDING HARMLESS WALLACE A. TURNER FROM ANY AND ALL LIABILITY
FOR C'.AIMS RESULTING FROM THE PUBLIC USE OF SAIL! PROPERTY FOR ICE
SKATIAG PURPOSES. Motion carried on a Roll Call vote, five ayes.
With regard to the ice skating area, Councilman Spaeth rer;uested
the staff investigate grading of the, site to male the crection of
an ice skating area less costly,
MOTION was made by Councilman Hunt, seconded by 1,ouncllmar Neils, RESO UTION NO. 73-06
to adopt, RESgLUTT,ON NO, 73-86. A RESOLUTION AGRUI NU TO 1) in TER WARERNED
SUPPORT THE PREPARATION OF A JOIN• POWERS AGREEM01 BMILLN THE Item 6 0
VILLAGE, NF,IUHBORING MUNICIPALITIES IN THE ELM Or.,I. K 10INAUE
Special Council,MPeting -
February 201 1973, 1
Page Six
PSIN 'AND THE HENNEPIN COUNTY SOIL 'AND MATER CONSERVATION DISTRICT TO
EgL WITH PROBLEMS WITHIN THE AREA; (2) TO SUPPORT THE PREPARATION OF
A SUCH AN AGREEMENT IN AMOUNT OF'$44 REPRESENTING TPAEE ACREAGE OF THIS
MhNICIPALITY AS COMPARED TO THE OVERALLACREAGE IN THE BASIN; AND (3)
TO APPOINT COUNCILMAN SPAETH AND ENGINEER GOLDBERG At ALTERNATE TO
PARTICIPATE IN THE FORMULATION OF THE PROPOSED AGREEMENT ON BEHALF OF
THE,VILLAGE: Motion carried on a Roll Cal vote, five ayes,
The Council reviewed a proposed policy to define an open space OPEN SPACE CLASSIF[-
classification system recommended for adoption by the Park and CATION SYSTEM
Recreation_ Advisory Comrission, 'Councilman Seibold questioned if Item 6-P
provision should also be made for tails for motorized circulation,
The Planner indicated the Trail Committee has not reached a deft-
nite conclusion on motorized traffic and that this recommendation
will come later, It was felt these trails wfl i probably be separate
from the trails referred to in this policy and inclusion within this
policy could possibly interfere with getting easements from private
property owners.
MOTION was made by Councilman Neils, seconded by Councilman RESOLUTION NO, 7341
Spaeth, to adopt RESOLUTION NO, 73-879 A RESOLUTION ADOPTING THE
POLICY TO DEFINE AN OPEN SPACE CLASSIFICATION SYSTEM AS AMENDED
BY THE eOUNCIL. Motion carried on a Roll Call vote, four ayes,
with Councilman Seibold voting nay,
Attorney Lefler reviewed a Supreme Court decision concerning the CONDITIONAL USE PERMITS
refusal of the City of Bloomington to grant a Conditional Use SUPREME COURT DECISION
Permit for a gasoline service station and stressed the impprtance Item 7-A
of being on firm legal ground when denying Conditional Use Permits
in the future,
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Mayor Hi 1 de reviewed a letter :0ecei ved by Representative Heinitz
from Arthur C. Roemer, Commissioner of Taxation, 'He requested the
Manager to respond to Mr. Roemer in,res,pect to this letter indi-
coting this Council has qgain discussed this issue and our position
remAins unchanged,
Following Council review of stver:l reports received from the
Hennepin County League of Municipalities, a MICTION was made by
Councilman Spaeth, seconded by Councilman Huns`, directing the
Manager to do some further research on the Minimum Wage Bill and
the Public Employee Union proposals and draft a resolution on
each for Council consideration at the next meeting. Motion
carried, five ayes,
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DELINQUENT REAL ESTATE
TAX PENALTIES
HENNEPIN COUNTY LEAGUE
OF MUNICIPALITIES
REPORTS
Items r -B & 7• C
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Spei.ial Council Meeti"atg
February: 20, 1973
Page Seven
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The Council reviewer eche Planner's February 12,, 10,0173 report to tete
Board of Zoning Ad,'_ustment with regard to the enforcemmnt and adm
ministration of toe Zoning Ordinance sign regulations. Councilman
Hunt. requested a report from the stiff on how they are implementing
the grandfather clause on illegal signs.
Mayor Hilde reported on a recent meeting held by the Metropolitan
Council in District 4 with regard to their plan for mass transit.
He indicated they were unable to advise him at this meeting what
criteria are used in determining when an area should have an ex-
clusive right of way service and requested the staff to do research
in this area.
Mayor Hilde adjourned the meeting at 10:20 p.m.
ZONING ORDINANCE
SIGN REGULATIONS
Item 7-D
METROPOLITAN COUNCIL
MASS TRANSIT PLAN
v 4
Sandra L. Haugen
Village Clerk
ee