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HomeMy WebLinkAboutCity Council Minutes 07-16-1973IY I f1 u N I N U T E S REGULAR COUNCIL MEETING r JULY 169 1973 J " 6rderAregularmeetingoftheVillageCounciloftheVillageofPlymouthwas`cal'Ied to by Mayor Hilde at 7:35 p.m, in the Council Chambers of the Public Works Build0g, li A Twenty- thlyd A h P1 1 973venueNort , ymouth, on Ju y 16„ 1 PRESENT: Mayor H11de, Councilmen Hunt, Spaeth and Neils, Manger Willits, Atto ey Dram. Engineer Goldberg and Assistant Planner Dale tai ABSENT: Councilman Seibold 1 PUBLIC HEARING Pursuant to Village Code a public hearing was held concerning the application of Helen T. Hathaway for an Off Sale Intoxicating Liquor License to be used in conjunction with the operatton of Highway Liquors,, 3435 County Road 18, The applicant proposes to take possession of the business operation from the present owners, Swanson b Youngdale, Inc,, on August 1, 1973; and if the license application is approved, the present owners' license wopld be can- celled at midnight. July 31. The Manager advised that the Police , Department has conducted an investigation into- the backT.round' of the applicant and found nothing which would indicate th6t t1le ap- plicant would not be a reputable businesswoman in the ccmmuni y, There being no one present at the public hearing to speak on tie subject, the public hearing was opened and closed at 7:38 p.m, HELEN T, HATHAWAY OFF GAL j: INTOXICATING LIQUOR LICENSE item 4-A MOTION was maO by Councilman Hunt, seconded by councilman Neils RESOLUTION NO, 73-2.61 to adopt RESOLUTION NO, 734610 A RESOLUTION APPROVING THE ISSUANCE OF AN OFF SALE INTOXICATING LIQUOR LICENSE TO HELEN T. HATHAWAY TO OPERATE SUCH BUSINESS AT 3435 COUNTY ROAD 18 EFFECTIVE AUWST 1, 1973 SUBJECT TO THE APPROVAL OF THE STATE LIQUOR CONTROL COMMISW SIONER AND SUBJECT TO THE CANCELLATION OF THE LICENSE CURRENTLY HELD BY SWANSON A YOUNGUALE, INC, Motion carried an a Roll Call vote, four ayes, PETITIONS, REOUESTS A COMMUNICAT The petitioners requested an amendment to Section 15 of the Zoning MINNESOTA MINI -STORAGE Ordinance which would permit residential strictures and related AMENDMENT TO ORDINANCE rrsidentlal uses necessary for security and a;afety in relation to Item 5-A a principal use within the Im1 District, These uses could only be permitted by a Conditional Use Permit after being reviewed by the Planning Commission and Council, 9 Regu1 ar Council Meets jng " G Juiy 16:, 1473 ' " Page Two MOTION was made by Councilman Neils, seconded by Councilman Hunt. ORDINANCE N0: Z4 3 to adopt ORDINANCE N0. 7343. AN ORDINANCE AMENDING SECTIO141,156 SUBDIVISION 3 OF THE ZONING ORDINANCE WITH-REGARD TO USES PERMIT-, TED IN THE I-1 PLANNED INDUSTRIAL DISTRICT BY CONDITIOAK USE PERMIT. Motlon carried on a Roll Call vote, `ou. ayes.; Bruce Hubbard explained they were requesting a Conditional Use Permit for a caretakers facility in their building to be con- V-' structed on County Road 18. The single bedroom apartment would rccvpy a portion of the space designated for office and would bye 60gned for a couple or a single person who would act as res- ant i manager and caretaker of the facility. MOTION was made by'Councllman Hunt. seconded by Councilawn Neils, RESOLUTION 0. 73=262 to adopt RESOLUTION N0. 73-2621 A RESOLUTION APPROVING A CONDI- TIONAL USE"PERMIT TO MINNESOTA MINI-ST0R,4GE9 INC. FOR THE ESTW LISHMENT OF A RESIDENTIAL USE IN THEIR PROPOSED FACILITY Off! COUNTY ROAD 18. Motion carried on a Roll Call vote, four ayes. On March 50973 the Council defeered action on this request for 55 COMPANY rezoning the approximate 12 acres located at the northwest corner REZONING FROM R-0 TO I-1 of 'Highway 5i and County Road 9 from R4 to I-1 until the Guide Item 54 Plan was adol ted and also because of concern over the availability of utilities. The Guide Plan indicates there should be develop- ment of the industrial nature in this area; however, the 5 -eyes" Capital Improvements Program indicates water and sewer will not be brought into this area for the next fire years or more. Mayor Hi l de qu.-ssti oned the Council whether it should befichepot i cy to rezone land in accordance with the Guide Plan whenever asked re- gardless of inten, to avvelop. It was discussed that land is mot rezoned without a general development plan, and in some cases of uncertainty site plans and development contracts have a1Fo been re- quired as a pa:kage. Mayer Hilde pointed out that the further out from the developed portion of the Village rezoning happens this has the effect of reducing our options later in terms of making change:, in the Guide Plan, The Manaer stated the staff's biggest concern over rezoning is the availability of utilities and the problem that could be created by allowing several small developments to proceed in an area without these services. Councilman Hunt stated he did not believe bringing in commercial and industrial development of a small nature that do not require sewer and water in these areas to be harmful. The land does not need sewer and water, rather the people do, and without anything to promote it, the Council will never extend the utilities out there. A man has the right to use his land, and the Village has the responsibility of determining if it is of such a magnitude to require utilities. A developer must also understand that he can- not expand his operation under these conditions. Councilman Neils stated he could see allowing some moderate expansion bgong presently served areas, but when tt.e development under consideration is at the ri ufar Council. Meeting I July 16. 1973 Page Three extreme opposite end of the system and you are faced with a possibility of extending utilities across open areas, that can rause a hardship on these people in the open area and also on the Village. t Fred Poisson appeared before the Council representing the petitioner and explained ;.hat the Kleven Company would build on the western por- tion and the 6argerson Caswell Company on the eu tern portion of the prowtva He stated he believed this to be extremely good use of the land and that both clients -would be willing to install any type of sani- tary sewer system the Village would require. Councilman Spaeth questioned whether the Bergerson Caswell use would be permltted'ln the Y-1 zone as it'appeared to be "re suited to the I-2 ;toning classification, It was brought out that at the time the petitioners original rezoning request was submitted he was requesting I-2 zoning. and the Planning Commission approved a change to I-1 at their Feb wary 7. 1973 meeting. The background information and Plan- ning Commission minutes were not available at the Council meeting to determine the reasons for this change, and the staff was requested to research this matter for the Council, Councilman Neils stated there were a number of things that concerned him other then the zoning issue. Tie General Development Plan is not sufficient to take into account the possible engineering requirements for ponding areas or the possible requirements for Highway 55 and County Road 9 right of way. The Guide Plan indicates there should be a grade separation at that point. He stated the County and State Highway Departments should have the opportunity to take a look at this to see if the proposed arrangement has a conflict with their plans for the arta, if they have any plans. He sated he was also concerned about the overall development of the area in terms of platting con- siderations. traffic circulation. etc. The plan deals with exclusive access to this parcel without roadways platted to be compatible with abutting parcels. He also questioned if there should be a roadway extended across the railroad tracks. Councilman Spaeth stated he was sure a service road along County Road 9 would be the only access to Highway 55 1n the future and felt plans for this should be included with the General Development Plan. He also questioned the matter of park dedication and at what point it will be collected. Councilman Hunt stated he was comfortable with the General Development Plan as presented as the only decision requested to be made was that of land use. He felt the othor matters could be worked out at the time of final site plan approval. There followed discussion regarding at what point in the approval of a development the matters discussed should be resolved. MOTION was made by Councilman Spaeth, seconded by Councilman Neils. to defer action on the rezoning request of the 55 Company until the questions rased by the Council are worked out. J 0 Regular Counc 11 Meeting July 16, 1973 Page Four MOTIONvas made by Councilman Neils, seconded by Councilman Spaeth, to amend the motion to limit the questions to be answered to those of major right of way considerations for the service road and the County R64d 9 crossing and the Planner and Engineer's general rec- ommendations as to circulation or road requirements in the overall area, Notion carried, three ayes, with Councilmen Hunt voting nay. MOTIOY was made by Mayor Hilde, seconded by Councilman Neils, to further amend the motion to indicate that before this comes back to the Council the staff include a complete re;mrt on the Planning Commission's deliberations on the rezoning particularly in view of the fact that the staff took the opposite position and ask for a resolution of these two contrary positions, Motion carred, four ayes: Motion as amended carried, three ayes, with Councilman Hunt voting nay, The petitioner wishes to use an existing single family residence FL( -''D 0. &SON located at the southwest corner of Highway 55 and Cottonwood Lane RET9NING FROM R4 TO 6-1 for ,a real estate office. Its, o 5-0 The ''Xincil was asked to decide whether rezoning which conforms to the Guide Plan would be approved on a piecemeal basis or whether the entire area should be coordinated at the time of rezoning, The Council concluded that they would not be in favor of doing piece- meal rezoning, and it was suggested that an amendment be prepared to the Zoning Ordinance which would permit a temporary change of land use without changing zoning by Conditional Use Permit, The Village would have greater control over the coordinated development of the entire area in this way, MOTION was made by Councilman Htint, seconded by Councilman Spaeth, directing the staff and Planning Commission to include in their current ordinance revision efforts consideration of two charges in our ordinance: (1) this Conditional Use Permit provision Fr tem- porary land use, and (2) determination of minimum size of awl in each zoning categgory to be coE-A dered for rezoning, such a tnat currently found in the I-1 area. Motion carried, fair ayes MOTION was made by Councilman Spaoth, seccnded by Councilman ( DINANCE NO, 7344 Neils, to adopt ORDINANCE NO, 73446 AN ORDINWE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LAND IN THE NORTH lit OF SECTION 35 AS 9-1, Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Neils, seconded by Councilman Hunt, directing that prior to 825 Cottonwood Lar e being occupied for office purposes that a complete site plan be submitted for review by the Planning Commission and approval by the Village Council in accordance with the Zoning Ordinance, Mution carried, four ayes. H it. 1 I I Re lar Council Meeting July 16, 1973 Page Five The petitioner requested Preliminary' Plat approval of a s ir'livi- sion containing 36 single family residential lots locaterw, ar the northeast quadrant of 36th Avenue and Zachary Lane and a con- ditional Use Permit for the subdivision unit project to be called Wellington Addition, The Manager explained that Outlot A would be common open space and ponding area and that at the time of final platting the village would want some assurances that the Village would not be req -0 red to maintain this area. MOTION was made by Councilman Neils, seconded by Councilman Spaeth, to adopt RESOLUTION NO. 73-263, A RESOLUTION APPROVING THE PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR PROPOSED SUB- DIVISION UNIT PROJECT "WELLINGTON ADDITION" SUBJECT TO T;iE THREE CONDITIONS SET FORTH IN THE STAFF REPORT DATED JULY I2, 1973 AND THE FOLLOWING ADDITIONAL CONDITION #4: 4. That proposed Out tot A be accepted for public drainage pur- poses with the improvements to be al.aroved by the Village Engineer, Councilman Neils stated his concern was over the maintenance of the park area as he did not believe the creation of a homeowners association of 36 homeowners would 5e a viable entity for this purpose. It was the consensus of the other a•emher5 of the Council that easements for trail and drainage purposes would he adequate in this situation. and a MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to amend condition 04 to withdraw the public dedication to the V11lagit? and revert it back to the home- owners association and instead ask for trail easements to the west and drainage: easements over the property, Motion carried, three ayes, with Councilman Neils voting nay. Motion to adopt FE.SCLUTION NO. 73-263 a: amended carried on a Roll Call vote. four ayes, MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to adopt RESOLUT101 NO, 73-264, A RESOLUTION APPROVING THE RE- o%RRANGEMENT OF LOTS 12 AND 13, PARKERS'S LAKESIDE ACRES ADDITTON AS REQUESTED BY THOW, P, ADKINSON, Motion carried on a Roll Call vote, four Ves. The pet'tinner requested the consolidation of Lots 1 through 6 of B i o%k S, Subu rbar!la ; e on Parkers l e 4 Addi ti or, into `lirec lots, The ,staff recomi;rnded 35 foot satbacks on these three, lots, rind dere was concern expressed over the fact that Fern- bi,00k ern- br°ook Lane will probably be upgraded to a four -'lane street it the futur,e and that the driveways would be too short for forward access to the. street, The petitioner explained the lots e .%e very low towaros the back but that a 45 foot setback would be passible. PAUL A. LAURENCE COMPANY PRELIMINARY PLAT b CONDITIONAL USE PERMIT Item 5-E RESOLUTION N0, 73-263 RESOLUTION NO. 73-2F4 rN!1MAS P. ADKINSON F ARRANGEMFN'r OF PLYaTI D l5•J RONALD 1, OLSON 0N5'0L 1 UA', I0N OF PLAT ,'10 t OT" Iters 5-L Regular Council Meeting` Jul 16, 1973 Page Six NOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 73465. A RESOLUTION'APPROVING THE CON.- SOLIDATION OF LOTS 1 THROUGH 5. BLOCX B,,SUBURBANDALE ON PARKERS' LAKE ADDITION TO CREATrE THREE LOTS. Motion carried on a Roll Cal 1 vote. four ayes. REaOLUTION 40. 73465 HOT,ION was made by Councilman Hunt, seconded by Councilman Spaeth, RESOLUTION N0. 73-266 to adopt RESOLUTION NO, 73.25.69 A RESOLUTION ORDERING THAT PRIOR TO THE FILING'OF.RESOLUTION N0, 73-265 WITH THE COUNTY THREE CON- DITIONS AS SET FORTH1411 THE STAFF REPORT DATED JULY 12, 1973 BE MET.WITH CONDITION 03 CHANGED -TO READ AS FOLLOWS: 3. Front yard setbacks on said l ots be pumi tied- such that the driveways be designed to have front load access to Fernbrook 1 Lane as approved by the Village Engineer. MOTION, was made by Councilman Hunt, seconded by Councilman Nails, to amend Condition #3 to read as follows: 1 3. That the front yard setbacks for buildings on said lots be pt:r-nil tied at 45 feet air more. Motiion ce rri ed , four ayes. Motion to adopt RESOLUTION NO. 13 466 as amended carried on a Poll Call, vote, four ayes. 0 NOTION was made by Councilman Hunt, seconded by Councilman Spaeth, that the staff, be instructed to work out the driveway details prior to building permits being issued on lots 6 and C in such a manner that it would provide the homeowner with forward access onto Fern - brook Lane and Ir possible to limit it to one common driveway for the two lots. Notion carried, fov ayes. NOTION was made by Councl!hian Neils, seconded by Councilman Hunt, directing the staff that building perhiits not be issued for these lots prior to the time the Engineer has established the design rade with respect to the water level in the area. Notion carried, our ayes, The petitioners requested rezoning of property located at the PLYMOUTH PLAZA ASSOCIATES northeast corner of Vicksburg Lane and Highway 55 for develop- REZONING FROM I=1 d R-4 merit of a communi% te,location size shopping center. In view of the Coun- TO 8-1 b B-2 c11 direction on of this community shopping center Item 54 at the time the Guide Plan was adopted, the Planning Commissinn recommended that action on this rezoning request be deferred and that a schedule be established for the submission of plans for this center by all interested parties and a deadline for a decision by the Village (see minutes of 74143 Planning Commission meeting). f e/ ularCouncil, Meetina--L July 16. 1971„ - Page Severe In reviewing this recommendation the Council concluded they did not wish to -be tied to,deadlines but rather ,that', criteria be established for -the review of these plansas-they are submitted to make it known that the V1jlage will hot rezone for a major shopping center any- place in the Village until a developer has a total package to present. MOTION pias made by Mayor Hilde, seconded by Councilman Hunt. direct - Ing the staff to prepare for the Council a very thoughtful and ana- lytical resolution to contain criteria,to be used by the Council in evaluating proposals as they cane in' for the building of a downtown shopping center,complex that would contain the following:-, 1. All Normal platting criteria. 2. Amount of and location of park land. 3 Some timetable for actual construction to take puce and somLs kind of guarantee bond that would protect the Village against going ahead and building our facility and fol% some reason the remainder of the complex not be built or that changes would be made in their plans. 46 Quality of planning and architectural efforts that are going into the project. 5. Capability of the site to grow and expand as the population of the Village grows and our needs expand. 6. Land dedication in coordination of the shopping center rather than cash dedication so that we have the open space to go with it. Motion carried, four ayes. MOTION was made by Councilman Hunt, seconded by Councllmin Spaeth, that the request of,Plymouth Plaza Associates be deferred until such time as this criteria has been developed. Motion carried, four ayes, I O u NOTION was made by Councilman Spaeth, seconded by Councilman Hunt, RESOLUTION N0. 73"267 to adopt RESOLUTION N0, 734671 A RESOLUTION APPROVING THE CON- RICHARD BERTRAND S'LIDATION OF LOTS 4, 51 13 AND 14, BLOCK 16 ELMHURST LAKEVIEW CONSOLIDATION OF PLATTED ADDITION TO CREATE TWO LOTS AS REQUESTED BY RICHARD H, BERTRANU, LOTS Motion carried on a Roll Call vote, four ayes,, Item SwK NOTION was made by Councilman Neils, to adopt RESOLUTION NO. 73468, A RE PLAT FOR THE FREDERICKSON ADDITION% Call vote, four ayes seconded by Councilman bunt, SOLUTION APPROVING THE FINAL Motion carried on a R611 0 RESOLUTION NO. 73 268 FREDERICKSON ADDITION FINAL PLAT Item 5-M I ill O u NOTION was made by Councilman Spaeth, seconded by Councilman Hunt, RESOLUTION N0. 73"267 to adopt RESOLUTION N0, 734671 A RESOLUTION APPROVING THE CON- RICHARD BERTRAND S'LIDATION OF LOTS 4, 51 13 AND 14, BLOCK 16 ELMHURST LAKEVIEW CONSOLIDATION OF PLATTED ADDITION TO CREATE TWO LOTS AS REQUESTED BY RICHARD H, BERTRANU, LOTS Motion carried on a Roll Call vote, four ayes,, Item SwK NOTION was made by Councilman Neils, to adopt RESOLUTION NO. 73468, A RE PLAT FOR THE FREDERICKSON ADDITION% Call vote, four ayes seconded by Councilman bunt, SOLUTION APPROVING THE FINAL Motion carried on a R611 0 RESOLUTION NO. 73 268 FREDERICKSON ADDITION FINAL PLAT Item 5-M I Re'gul ar Council Meeting July 16, 1973 Page Eight c NOTION was made by Counci1aanoNeils, seconded by Councilman RESOLUTION N0, 73-269 Spaeth, to adopt RESOLUTION N0, 734690 A RESOLUTION DIRECTING THAT PRIOR TO THE VILLAGE EXECUTING SAID DOCUMENTS APPROVING THE FINAL PLAT OF THE,PREDERICKS0N ADDITION THAT THE OWNER/ DEVELOPER ENTER INTQ;'! DEVELOPhtNT CONTRACT WITH THE VILLAGE TO PROVIDE FOR THE FOLLCfflNG INCLUDING COSTS AND TERMS AND CONDI- TIONS FOR PAYMENT THEREOF: I i 1. Design grade for the street find house elevations. 2. Disposition of outstanding special assessments, if any,, 3. .Grading and.drainage plans for the plat. ,,, 4. , Water area charges 5. Park dedication Pec- . Motion carr+c3 on a Roll Call vote, four ayes. r Attorney Richard Schiieffer was present representing the develop- ers of the Frederickson Addition and was requested to give a brief status report on the lawsuit against the Metropolitan Sewer Board on the SAC charge. He advised the Council that the)Sewer Board has brought in.all the municipalities in the seven county area as part of this suit and explained some of the difficulties they are encountering in serving these municipalities with the legal documents. The matter will not be brought to trial until both sides have finished their discovery, and he anticipated a September trial date. SAC LAWSUIT MOTION was made by Councilman Neils, seconded by Councilman RE -SOLUTION NO. 73-270 Spaeth, to adopt RESOLUTION N0, 73-270, A RESOLUTION APPROVING RODNEY KE'LLER THE PRELIMINARY PLAT SUBMITTED BY RODNEY KELLER FOR PLAT 43729 PRELIMINARY PLAT PARCEL 1510 SUBJECT TO THE SIX CONDITIONS AS SET FORTH IN THE Item 54 STAFF REPORT DATED JULY 12, 1973 AND THE ADDITION OF THE FOLLOW- ING 7TH OnNOITION; 7. That any outstanding assessments for water and sewer, if any, be resolved as part of consideration of the fir+al plat and that the driveway easement be treated as a private street as to maintenance requirements. Notion carried on a Roll Call vote, four ayes. l 6 a c NOTION was made by Counci1aanoNeils, seconded by Councilman RESOLUTION N0, 73-269 Spaeth, to adopt RESOLUTION N0, 734690 A RESOLUTION DIRECTING THAT PRIOR TO THE VILLAGE EXECUTING SAID DOCUMENTS APPROVING THE FINAL PLAT OF THE,PREDERICKS0N ADDITION THAT THE OWNER/ DEVELOPER ENTER INTQ;'! DEVELOPhtNT CONTRACT WITH THE VILLAGE TO PROVIDE FOR THE FOLLCfflNG INCLUDING COSTS AND TERMS AND CONDI- TIONS FOR PAYMENT THEREOF: I i 1. Design grade for the street find house elevations. 2. Disposition of outstanding special assessments, if any,, 3. .Grading and.drainage plans for the plat. ,,, 4. , Water area charges 5. Park dedication Pec- . Motion carr+c3 on a Roll Call vote, four ayes. r Attorney Richard Schiieffer was present representing the develop- ers of the Frederickson Addition and was requested to give a brief status report on the lawsuit against the Metropolitan Sewer Board on the SAC charge. He advised the Council that the)Sewer Board has brought in.all the municipalities in the seven county area as part of this suit and explained some of the difficulties they are encountering in serving these municipalities with the legal documents. The matter will not be brought to trial until both sides have finished their discovery, and he anticipated a September trial date. SAC LAWSUIT MOTION was made by Councilman Neils, seconded by Councilman RE -SOLUTION NO. 73-270 Spaeth, to adopt RESOLUTION N0, 73-270, A RESOLUTION APPROVING RODNEY KE'LLER THE PRELIMINARY PLAT SUBMITTED BY RODNEY KELLER FOR PLAT 43729 PRELIMINARY PLAT PARCEL 1510 SUBJECT TO THE SIX CONDITIONS AS SET FORTH IN THE Item 54 STAFF REPORT DATED JULY 12, 1973 AND THE ADDITION OF THE FOLLOW- ING 7TH OnNOITION; 7. That any outstanding assessments for water and sewer, if any, be resolved as part of consideration of the fir+al plat and that the driveway easement be treated as a private street as to maintenance requirements. Notion carried on a Roll Call vote, four ayes. l 6 Regular Council Meeting July 16, 1973 Page Nine MOTION was ma0e byCoundlman Spaeth, seconded by Councilman" Neils, to adopt RESOLUTION NO, 73-2719 A RESOLUTION APPROVING THE SUBDIVISION VARIANCE REQUESTED BY ALBERT C. NELSON OF;/PROP- ERTY IN SECTION 4 TO CREATE TWO PARCELS. Motion carried/on a Roil Call vote, four ayes. NOTION was made by Councilman Neils, seconded by Councilman Hunt; to adopt RESOLUTION N0, 73-2729 A RESOLUTIONi ORDERING THAT RESO- LUTION N0, 731D271 NOT BE FILED WITH THE=COUIJTY UNTIL THREE CON- DITIONS AS SET FORTH IN THE STAFF REPORT DA1iED JULY 12,'1973 ARE MET. Motion carried on a,Roll Call vote, four ayes. i NOTION was madeby Councilman Spaeth, seconded k4 Councilman Neils, to adopt RESOLUTION NO. 73-2739 A RESOLUT Ift" APPROVING THE DIVISION OF LOT 19 AUDITORS SUBDIVISION NO.'33:+, INTO TWO PARCELS AS REQUESTED BY LLOYD HARDING, Motion carr+ed on a Roll Call vote.' four ayes. NOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RESOLUTION N0, 73-2749 A RESOLUTION ORDERING THAT RESOLUTION NO, 73-273 NOT BE FILED WITH THE COUNTY UNTIL THE PE1ITIONER HAS,SAT,ISFIED THE PARK DEDICATION POLICY BY PAYMENT OF $150 TO THE PARK DEDICATION FIND, Motion carried on a Roll Call vote, four ayes, MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 73-275, A RESOLUTION APPROVING THE REARRANGEMENT OF LOTS 19 AND 209 BLOCK 36 ELMHURST GARDENS ADDITION FOR THE CREATION OF TWO LOTS AS REQUESTED BY STANLEY D. KLINK ON BEHALF GF JEROME TESSMER, OWNER. Motion carried on a Roll Call vote, four ayes, 0 o RESOLUTION N0. 73-271 OMMEM ALBERT Co NELSON DIVISION OF UNPLATTED PROPERTY Item 5-G RESOLUTION NO. 73-272 11 RES_OL N N0. 73-273 MW LLOYD, HAROING DIVISION OF PLATTED LOT Item 5-H RESOLUTION NO. 73-274 RESOLUTSON N0, 73-275 STANLEY KLINK REARRANGEMENT OF PLATTED LOTS Item 5-I NOTION was made by Councilman Neils, seconded by Councilman Hunt, RESOLUTION NO. 73476 to adopt RESOLUTION NO. 73476, A RESOLUTION ORDERING THAT RESO- LUTION NO, 73-275 NOT BE FILED WITH THE COUNTY UNTIL DRAINAGE EASEMENTS HAVE BEEN PROVIDED TO THE SATISFACTION OF THE VILLAGE ENGINEER, Motion carried on a Roll Call vote, four ayes. The Council reviewed tie site plan for an addition to the exist- ing plant building. The Planning Cortmission recommended approval of the plan subject to four conditions, and'the staff recommended that a park dedication 1n the amount of $6,050 also be required for the total 12.1 acres. In discussing this park dedication re- quirement, the Council agreed it was not their intent to go back and collect park dedication from the total site but only on the portion being added to the facility. MAMMOTH INDUSTRIES SITE PLAN Item 5-N p g lar Council sting July 16, 1973 Page Ten MOTION was made 1y Councilman Neils, seconJed by Councilman Hunt, RESOLUTION NO. 73-277 to adopt RESOLUTION N0, 73-2779 A RESOLUTION APPROVING THE SITE PLAN FOR THE ADDITION TO THE MAMMOTH BUILDING,, SUBJECT TO THE" FIRST FOUR CONDITIONS'AS SET FORTH IN THE STAFF REPORT DATED JULY 12, 1973 AND A FIFTH CONDITION AS FOLLOi15- 5. That a revised site plan drawing be filed'showing the portion of Parcel 3627 required to be included in the revised site plan to provide conformance to lot coverage regulations, area for additional parking to be constkvcted and the area for future 'location of parking to conform to ordinance regulations. Park dedication shall apply to that portion of Parcel 3627 so required. Notion carried on a toll Call vote., four ayes. NOTION was made by CouncilrAn.,Hunt..: to adopt RESOLUTION N0., 73478;A,RE SOLIDATION OF PARCELS 3627 AND 3610, BY MAMMOTH1 NDUSTRIES. Motion carri ayes. onded by Councilman Nei 1 s , UTION APPROVING THE CON - PLAT 44352 AS REQUESTED cn, a toll Call vote, four REPORTS BY OFFICERS. BOARD I COMMITTEES' The NainagO reported that he had met with representatives of the County and State Highway Departments on the matter of improve- ments to the County Road 6 and Highway 101 intersection. He in- dicated,that neither agency has placed any priority on this lo- cation nor would they make any commitment on contributing to the cost of such a project. JtESOLUTION NC, 73-278 STATE HIGHWAY 101 6 COUNTY ROAD 6 Item 6-F Ir vies of the development and safety problems in the area, Mayor Hiide stated he felt the Village should take serious steps in moving ahead on this problem and suggested the following for Coun- cil consideration: (1) Ask the staff to arrange an analysis of the situation including traffic counts, accident statistics, traffic delays and pictures showing the safety problem of bicyclists and pedestrians. (2) Determine what oUr projections for the future are relative to the matters contained in dl above knowing what we do about development in our Village. (3) After our case is prepared, make a move to the policy makers after studying who these people are. He sugggested goingg to the State Highway Commissioner, the District 5 office, our State legislators getting them to work us into the htghway committees in both houses, and the County Commis- sioners. Councilmen Neils stated he would add to the analysis an illustration of the redesign in Wayzata which has had the effect of dumping more traffic onto Highway 101. MbTION was made by Councilman Neils, seconded by Councilman Hunt, directing the staff to prepare a report along the lines of the a ove. NotiGn carried, four ayes. I ular Council Meeting July 16. 1973 Page Eleven On July 9 the staff was directed to prepare a resolution for the STORM DRAINAGE PLAN adoption ;of the Storrni3Orainage Plan. This proposed resolution, Item 64 J was presented to the Council for their review. MOTICK was made by Councilman Hunt,,seconded by Councilman Spaeth, to refer the resoleti" back to the staff for revision to include that when a)particular,'segment is to be built it is evaluated specificallyy having in mind maximizing surface drainage as cpposed to pipe dr4inage, tje, environmental concerns considered in the type - of plan ad pted, our concern of coordination with surrounding, com- munities,,nd wito'the watershed di'stricts and the,importance,,bf good coordinated planning, and oue effort to preserve water in our camuni ty, ,1 nasmu,ch as our plan conforms to the criteria set forthintheMepolitanCouncilDrainagePlan. Notion carried, four ayes ' 1, r r At the & ily; 9 meeting the Council reviewed the proposed Rules NINOEHAHA CREEK, WATERSHED and Regu"Ations, of the Minnehaha Creek Watershed District and DISTRICT REVISED RULES directed the staff ;to prepare comments. The Engineer's report ANq REGULATIONS, dated Jury 13 was reviewed by the Council. Itfm 64(1) MOTION was made by Councilman Hunt, seconded by Councilman Neils, that the comments contained in this report be incorporated in a letter from the Mayor to the Board of Directors of the watershed district includin also the Council's concern that the proposed rules and regulat ons'lack solid criteria and would result in a substantial amount of subjective judgment on the part of the Board. Notion c?cried, four ayes. A copy of the preliminary k1grt of the Minnehaha Creek Watershed PINETREE POND District relative to the Pine ree Fond project was presented to Item 6-L(2) the Council for their review. The staff was asked to prepare 4 report on it comparing it to oufs own consultant's report, how they plan to finance it, what t6ei r timetable i s, and an analysis of the several conditions contained in Section IX, MOTION was made by Councilman Neils, seconded by Councilman Hunth accepting the report for staff review. Motion carried, four ayes. LICENSES 1 PERMITS 140TION was made by Councilman Neils, seconded by Councilman paeth, to adopt RESOLUTION NO. 73479, A RE;,'4LUTION APPP.QYINO INE ISSUANCE OF AN OFF SALE NON -INTOXICATING WILT LIQUOR 41CZNSE TO THE APPLE BLOSSOM INN FOR A;PERIOD TO EXPIRE JUNE ?0, 1974. tion carried on a Roll Call vote, four ayes. RESOLUTION H0. 7;3-279 APPLE BLOSSQM I N i W% OFF SALE NON -INTOXICATING MALT LIQUOR LICENSE Item 7=6 J moI ggul ar Caunci I NOW ng July 16+'1973 Pile T- Welioe NOTION was made by„Councilman Neils, seconded by Councilman Soseth, to adopt RESOLUTION NO. 73480, A RESOLUTION APPROVING, THE, ISSUANCE OF AN ON SALE NON -INTOXICATING NST -! tQV0R <LICEN$i, TO THE APPLE BLOSSOM INN FOR A,PERICD TO EXPIRE JUNE 30, 1974.E Notion carried on a Roll Call vote, four ayes, NOTION was made by Councilman Neils, seconded by Councilman Spaeth, to adopt RESOLUTION NO, 73-2819 A RESOLUTIOA AFPRQVI% A SET UP i.ICENSE,FOR THE APPLE°BL.530M INN FOR A PiRIOD'TO EXPIRE JUNE 30, 1974. Notion carried on a 901 Cy, votei four ayes , ` , I i REPORTS B"r OFFICERS, BOARDS A COMMITTEES NOTION was made by Councilman Neils, seconded ly Councilman to adopt RESOLUTION N0, 73482. A RESOLUTION "PROVING CHAN ORDER N0, 5 IN THE AMOUNT OF $420 TO AUSTIN P, KELLER CONST TION COMPANY FOR WEST MEDICINE LAKE SEWER AN WATER PROJECT 126, Motion carried on a Roll Call vote, fokir ayes, RESOLUTION N0. 73-''m APPLE BLOSSOM INNON SALE NQN-INTOXICAT NG MALT LxOR LICENS( Item 7wor RESOLU TION N0, 73-x:81 APPLE BLOSSOM INN SET UP LICENSE Item 7-D i 1 nt, RESOLUTION N0, 7 WES*r MEDICINE LA 8 WATER PROJECT CHANGE ORDER N0, Item 6-A MOTION was made by Councilman Neils, seconded by Councilman N'uvit, to adopt RESOLUTION NO. 73.283, A RESOLUTION ACCEPTINQ PROJECT NO, 126 ON BEHALF OF THE VILLAGE AND APPRg1ING FOR PA)'KNT RE- QUEST FOR PAYMENT NO, 15 AND FINAL IN THE,AMOUNT OF :691186004 Notion carried on a Roll Call vote, four #kves, MOTION was made by N#ayor Hilde, seconded,'by Councilmen Spaeth, directing the staff' tN) report back to thy: Council on Project No. 126 with a thorough analysis of the costs of the project in re- lation to the assessments wherein the ar,sessments ars? broken down, lotion carried, four ayes„ WEST MEDICINE LA 8 WATER PROJECT PAYMENT NO, 15 8 Item 6-B a SEWER 126 SEWER 126 INAL NGTION was made by Councilman Spaeth seconded by Councilman Mint, RESOLUTION NO, 7328844 to adopt RESOLUTION NO, 73-2940 A RESOLUTION APPROVING CHANgE FST MEDICINE LAK SEWER ORDER NO, 4 IN INE AMOUNT OF $666 TQ BARBAROSSA 8 SONS FOR 1.AS'T 4 WATER PROJECT NO, 123 MEDICINE LAKE SEWER Ai1D WATER PROJECT NO, 123. Motion carr -10 CHANGE ORDER N06 4 on a Roll Call vote, four ayes, Item 6-C MOTION was made by Councilman t,4ils, seconded by Councilman, 4unt, to adopt RESOLUTION NO, 734850 A RESOLUTION APPROVING FOR PAY- MENT REQUEST FG, , :`WENT N04 IN THE AMOUNT OF 619508640 ON EAST MEDICINE LAKE SEN%'.R AND WATO PROJECT NO, 123. Notion car- ried on a Roll Call vote. four gpgs , RESOLUTION NO, 73"285 BAST MEDICINE 7AK SEWER I WATER PROJECT NO, 12: PAYMENT NO, 6 Item 6-D a I, I ulilar Council MeetingIg July, 26,`` 1974 ° Page, Thirteen MOTION was made elicilman Hunt, seconded b ; Councilman Spaeth, RESO UTION ANO. 73-286 to adopt RESO1 734869 A RESOLUTION- JTNORIZIK' THE IN- INSTALLATION OF STOP 1I8a1., STALLATION OF A $TTQP IWON THE SOUTH SIPE OF,36TH'AVENUE AT 36TH AVE. PILGRIM LANE PILGRIM LANE. Motion, carried on a Roll 611 vote, four} ayes. Item 64 ThP Council aekmavledced a report from the Manager indi sating 1973 VILLAGE `POPULAIioll the Metro l itan Cc ,fj;1l rs estimated current population of Plymobthlte a 6-G tui be 2298. The problem of thq. Star 8 Tribune circulation 1n Plymouth was NEI PAPER CIRCULATION ZONES discussed. Res7,1 nts living generally south of Higj&V, 55 re- Item 6-H cel ve Zone 5 newh i l e residents north of Higghway, 65 c(recei ve Zone i (Plymoutne*s. The Manager's report indicated they are not in a posits of revising their circulation pattern in the Village ,at thispoint in time. Mayor Hil'de stated that if they are serious abovit good service to the suburbs they should make the change we are alikino them to make and that Plymouth should be listed,on both masthead$ and Plymouth news listed in both. MOTION was made by touneilman Neils, seconded by Councilman Hunt,, directing the'lanager to draft a letter for the Mayor's signature to the Managino Hitor of the Star a Tribune to this effect and arrange: a meeting if,possible to discuss the problem. Motion carried, four ayes. Mayor Hilde reported the Son Newspaper has advised him ;that resi- dents with the Wayzata zip code will continue to receive the Wayzata/Orono Sun unless they request otherwise. Councilman Neils suggested that 1f this isn't rviolved by the time our noxi newsletter goes out that information on this subject should be included. The Manager was requested Im rttempt to resolve the: mutter. MOTION was made by Councilman Neils seconded b Councilman Spaeth, to adopt RESOLIIT,ION NO. 73•' 87, A RESOLUTION ACKNOW.- EIK4NG RECEIPT OF THE PROPOSED 1974 BUDGET FOR THE BASSETT CRIEK FLOOD CONTROL COW;SSION AND INSTRUCTING THE MANAGER TO PR(MIDE WITHIN THE 1974 'VILLAGE GE'MERAt. FUND BU013ET THE SUM OF 12,281 REPRESENTING PLYMOUTH'S S!tARE. Mot -.on carried on a Roll Call vote, four ayes. The Manager's report indicated the Metr+upolltan Council has re- celved a revised' evaluation of housing pel%formance pro pared by their staff for PlymoutO which finds that Plymouth ha an acdept- able housing profile. iae Metropolitan Council ado pt tJ this new staff report, and Zr EPA application will receive o 'avorable reting by the Metropolitan Council and the PCA. RESOLUTION NO. 73-287 easSM:TT 4REEK FLOOD CONTROL COMMISSION 1974 BUDGET Item, 6-J METROPOLITAN COUNCIL POLICY 31 Item 6-K a J 1 il'ar Counci l rmtl ni4y16, 19731 e Fourteen Naylor HilOe made the following statint fpr ,tJie record; This has°beo an ii pfficlent, wa$teful v rd futile exercise in semantics which on a metro area bosis wil, -`probably not result in such, if ift. housing for the 'Ptor and, -i derly. Much more needs ; to b , `done, and I frankly thi'r the Metropolitan Council is well enough directed r staffeo,ms Not in terof quantity),ihat they can make subttantive !togress in this area. The,* haves severe problems from top to which are prevent- ing them;,frw high performance in most a,ups. The jobs they are atttti ng to do , require more abi l it f han, t!!er., tan muster. Ironicaldly, at the sine time, they are brral*chin out and meddling more afid more 1:.to the affairs sof bona f di , duly constituted and eficted local governments. This is,problem that the leg- isla0re,. Governor and iodiviOual Metro ol,ltan Councilmen them• selves share responsibility for. Until ftcis corrected, metro avert' citiiens will suffer waste of their tax revenues in this operation and also an unwarranted and costly interference with the affairs of duly effected local governme# is which are`trivfng 1:6 serve their citizens. I believe the Mei:%opolitan Council has great potential to contribute much of tr-lue to the citAzens out needs a top to bo,tom, renewal and redlf^, ction. J At the May 14 meeting the Council directed cer t-ain changes to be made in the new contract for, consulting en 1netirs, and this re- vised contract was reviewed by the Counck ir4 a letter dated June 4, 1973 Consultant Engineer Borestroo eomentod on some sections of the and Engineer Gold1jeag Mas asked to re- spond to these c ,amenti . NOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION N0. 714889 A 11SOLUTION APPROVING THE FORMAT AND LANGUAGE OF THE ENGINEER'S CONTRACT LVVIQ'i THE RATES TO NEGOTIATION WHEREBY THE CONSUCIINT ENGINEER 01) STAFF WILL CORE BACK BEFORE THE COUN13L FQR FINAL APPROVAL, AAS') AMENDING SECTIONS 1.22 AND 1926 TO INCLUDE THOSE UNDER PER DIEM. MOTION was made byy C"Acilmen Nhils„ secor,de , iy Councilman Hunt, to amend the Resoluti«n to delete f om tha basic contract any numbers as to fees or rultipliers bttt refeM 4h,,)se to an appendix where the actual multipliers, h urly, rates or per diem rates for various classifications of sery ce are llsted.. Miotton carried, four ayes. Motion to adopt RESOLUTION N0. 734H as am egOad carried on a Roll Call vote, three ayes, with Councilman Spaeth voting nay. On June 25 the Coonc11 directed the staff to tivestigate the possibility of obtaining rental space for tempirary occupancy for a period of th ve years with options for at additional three years. The Mantger reperted with propos.alr3 frim Fox Meadows ENGINEER'S CONTRACT Item 6-M RES0610 OLUTION N0. 73-288 VILLAGE HALL TEMPORARY QUARTERS Item 6-N P 1 ENGINEER'S CONTRACT Item 6-M RES0610 OLUTION N0. 73-288 VILLAGE HALL TEMPORARY QUARTERS Item 6-N P I I Re liar Co .1(Meeting July 16.1973 Page Ef:teen Office fork, PTymouth Court Office Center and the 55 hest Office Center. It was his recomnendkion that tho, pest location 'for 1.etnaorary quafters would be ai the Plymoutt Court Building,, Councilman, Spaeth stateA he /was against thi! Plymouth Court Building becausei, of tree lack of Avatlable parking. He stated he would not be in favor of moving Oe Village Hall to temporary quartees and be• 1leved we should pursuelconstruction of auto am building, Council- man Neils stated that u0ti1 he sees some cast estimates about re- location expenses he would not be 1n favor .of ;.Oproving a move. Councilman Hunt stated'he was opposed to , -4,4e rental idea and would prefer to put that r:ntal money into something permanent. MOTION was made by Mayor Hilde, seconded Councilman Hunt, direct ing the Manager to develop recowiendation for '.the. Council that would consider: 1. Building an addition onto the Publit Works Building, having to mind moving the Village administration into those,offices for an interibi period of time while the permanent location is being determiped so that these facilities could be turned over to the Public %'orks Department in the future. 2. Give some preliminary cost estimates to the idea of building ar office building on the existing Village Hall site, having in mind to occupy that for an interim period of t.me and sel- ling it as a commercial office building following our use of it$ Motion carried, four ayes. MOTION was made by Councilon Neils, seconded by Councilman Hunt, to adopt RESOLUTION NO. 73483, A RESOLUTION AUTHORIZING THE MANAGER TO ACQUIRE AND EXPEND SUCH SUMS AS MAY BE REQUIRED IN THE ACQUISITION AND RELOCATION PROCESS FOR ALL 31 PARCEk.S CON" TAINED IN THE EAST AND WEST MEDICINE LAKE LAWCON PARK ACQUISI" TION PROJECT. Motion csrried on a Roll Call vote, four ayes. TheCouncil discussed a problem which exists in the West Medicine Lake Park area, and 1t was sugggested we need a regulation in our ordinances to prohibit alcholic beverages on our park property, MOTION was made by Councilman Neils, seconded by Councilman Hun!, directing the staff to develop soma means of regulating this prob- lem and get back to the Council with recommendations as soon as possible. Motion carried, four ayes. RESOLUTION NO. 73"289 LAWCON PARK ACQUISITION Item 6%0 0 Y Y rr Retai Counck1l meeting July 16 1973 it Page Sixteen 1, tl NOTION was made by Councilman Neils. seconded b,; -Councilman Hunt. Ito adopt RESOLUTION NO. 73=290. A RESOLUTION JAUTHORIZING THE MANAGER TO ENTER INTO AN AGREEMENT WITWITHE MINNESOTA DEPARTMENT' SOF HIGHWAYS ON BEHALF OF THE VILLAGE FOR RELOCATION ASSISTANCE INVOLVED WITH THE LAWCON PARK ACQUISITION PROJ4CT. Notion car- ivied on a Roll Cal vote. four ayes. RESOLUTION NO. 73490 RELOCATION ASSISTANCE AGREENENi WITH OINNESMI DEPARTMENT OF HIGHWAYS Iten 6=`P NOTION was made by Councilman Neils, seconded by Councilman Hunt, RESOLUTION 0. 73,_291 to adopt RESOLUTION NO. 73491, A RESOLUTION AUTHORIZING THE DRIVEWAY; B1'fWEEsN MBG A MANAGER TO EXECUTE THE SUPPLEMENTARY AGREEMENT ON BEHALF OF THE t&WCIR MANUFACTURING CO. VILLAGE RELATIVE TO THE CONSTRUCTION OF A COMM DRIVEWAY BE- Iteoh10 Q TWEEN HBG AND SCHAPER MANUFACTURING COMPANY, Motion carried on a 1411 Call vote, four ayes. I 1 1r The staff asked for direction from the Council with regard: to foie matter of storage and display of merchandise in yard areas of com ercial sites, Councilman Neils stated his reaction was to, enlyorce the ordinance and direct the staff to provide for spec' al . peioeits for special events. It was Mayor HiIde's suggestion that the staff prepare ordinance amendments to enable businesS-as of certain types to dispIq in a neat and orderly way items di•ect- ly in front of their store providing that it would not block tie sidewalk or obstruct required parking area. MOTION was made by Councilman Neils, seconded by Councilman Huat, directing the staff to enforce the ordinance for any merchandise left outdoors beyond the closing hours of the business day. Notion carried. four ayes. The Planner's report on his review of the Minnetonka Guide Plan was received, and the staff wa4 directed to draft a letter for the Mayor's signature to contain the Planner's comments on the plan for their record. LICENSES b PERMITS MOTION was made by Councilman Spatth, seconded by Councilman Neils, to adopt RESOLUTION NO, 73 -;?92. A RESOLUTION APPROVING THE ISSUANCE OF A SMALL DISPOSAL SYSTEM EICENSE TO HOUSER CORPORATION FOR A PERIOD TO EXPIRE IN APRIL. 30. 1974, Motion carried on a Roll Call vote, four ayes, STORAGE A MtRCHANDISING IN FRONT, SIDE a REAR YARD AREAS Item 6-R MINNETONKA GUIDE PLAN Item 6-S RESOLUTION NO, 73 292 HOUSER CORPORATION SMALL DISPOSAL SYSTEM LICENSE Item 7-A i 1 0 U wS Realar Council Meetingg July 169 1973 Page Seventeen MISCELLANEOUS MOTION was made by Councilman 1:111s, seconded by Ccuncilomn FISCAL DISPARITIES ACT Spaeth, directing tVR Manager to contact the Village of Burnsville and volunteer what:ower assistance they feel they would like to have relative to ;het.,,. action against the Fiscal Disparities Act, and if it 1nvolvc! ,tiy financial support to come back to the Council for npprvial, Motion carried, four ayes. Mayor Hi1do repor'.-4id on a conversation he had had with a couple people regarding viater problems and suggested there may be other solutions to the problem other than water softening and iron re- moval that should be investi7,ated. It was decided to- meet with these people so thtit the Council will have this ioformation in addition to the ctnsulting ergineers' reports. Councilman Neils brought to the Council's attention three items J n the June 7 minutes of the Panic 6 Recreation Advisory Comr.4 s- sion meeting which he felt shou'ia be resolved: 1. The minutes contained discus3ion regarti'ng boat launching at the East Medicine Lake Park, and they should be advised of the Council policy that we will do nothing to encourage the use of motor boats on Medicine Lake, 2. The Council directed that no improvements be made with re- gard to lighting at Oakwood school until an agreement has been made between the school and Vill..ge, 3. The Commission recommended a donation of $6,000 towards the construction of a covered ice rink for the #284 Hockey Association, Mayor 411de adjourned the meeting at x2:55 a.m. 1 Sandra L. Haugen Village Clerk WATER TREATMENT PARK b RECREATION ADVISORY C0MMISSION r