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Home My WebLink AboutCity Council Minutes 08-06-1973E k N I N U T E S REGULAR COUNCIL MEETING AUGUST 6, 1973 iregular 'Meeting of the Village Coun it of the Village of Plymo4th was,called to order by Mayor Hilde at 7:40 p,m, in the Council Chambers of the Public korks Building, 14900 Twenty- third Avenue North, Plymouth, on August,6, 1973. PRESENT: Mayor H1!de, Councilman Hunt,, Spaeth and Seibo Engineer 6oldber0 and Planner Overhiser, ABSENT: Councilman Neils < Id. Manager Willis, Attorney Lefler, MINUTES wmlpmw.`. NOTION was made by Councilmen Spaeth, seconded by Councilman Seibold;, to approve the minutes of the July 23. 1973 Special Council,' Meeting with the following correction: Page 8, last paragraph, insert the words "make recommendations to the Council" in place of "suggest means by which we can regulate them". Notion was carried, three ayes,* th Councilman Hunt abstaining, J JULY 23. 1973 SPECIAL COUNCIL °ETING 1 PETITIONS. REQUESTS AND COMMUNICATIONS Mrs, Ouverson requested approval of a Conditional Use Permit DARLA OUVERSON 5 for a home occupation to establish a bridal shop 1.n her re- CONDITIONAL USE PEEMIT sidence at 710 Orchid Lane for a one year period, ITEM S%T NOTION was lmde by Councllma, Hunt, seconded bj Councilman RESOLUTION NO. 7349a Spaeth to adopt RESOLUTION NO, 73498. A RESOLUTION APPROVING THE REQUEST OF DARLA OUVERSON FOR A CONDITIONAL USE PERMIT sTOOPERATEAHOMEOCCUPATIPNBR:DAL SHOP IN HER RESIDENCE AT 710 ORCHIS LANE FOR A KRIOD OF ONE YEAR. ;. NOTION was made by Councilman Seibold, seconded by Councilman Hunt, to amend this; Notion to proh1kit any on -street parking by` any customers. ,Amendment carrW on a Roll Call vote, four ayes. Notion, as emended, carried ti a Roll Call vote, four ayes, 11r. Johson roque!ted that the existingportion of Lot 10, JERRY LEE JOHNSON Oreer's Orchard Bract, be further sublivided, DIVISION OF PLATTED101" A495) ITEM 54 NATION was made,,'by Councilman Spaeth, seconded by CmAcilman RESOLUTION NO. 7349-1 Seibold to adopt RESOLUTION N06 73409. A RESOLUTION TO SUB- DIVIDE AN EXISTING PLATTED LOT 330 NEDGEWOOD LANE. INTO TWO 2) PARCELS Ot APPROXIMATELY 21.000 SQUARE FEET AND APPROXI- MATELY 55.000, SQ4ARE FEET, Motion cmPried on a Ro+ll Call vote. four ay0s. i i t, C UNCIWET' N6 UST 8 j1 19734PF '1 NOT ON was, wa a byj Counci lin Spaeth, seconded by Couitci leen RESOLUTION N0. 73-300 Set old to ad t RESOLUTION N0. A RESOLUTION ORDERING3300 1 1HA TH CLEA: NOR' ISSUE A CfdTjFLF;O COPY OF RESOLUTION a0, 1 i 73- 9 TO THE COUI'TY FOR FILIN6 PU F.S UNTIL SUCH IME Al, JERR! LEE JOHGON HAS SATISFIED THS FARk DEDICATION )LILY OF E VILt.AB, BEING A PAYMENT OF $150 TO THE PARK D DICA-w TION fUKQMotion carried on,, a Rall Call vote, threei ages ,! with Councilan Hunt voting nay. Mrs. Oman mquested e, Conditional Qse Pemilt for a home CA90L BROMAN occupa'ion beauty sslo* to be operated 1n her home at 4055 ,C'ONDITIONAL USE PERMIT Glacie ,Lane! ITEM 51 MOTION was rAde by Councilman Hunt, seconded by Councilman RESOLUTION N0.13401 Spaeth to adopt RESOLUTION NO. 73.301. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION BEAUTY SALON TO CAROL'', BROI N AT 4055 6UCIER LANE, FOR ONE YEAR, WITH THE PETITIONtR AS THE ONLY OPERATOR. Motion carried on -a Roll Call vote, four ayes. NOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RESOLUTION NO. 73-302. A RESOLUTION GRANTING A 15 FOOT VARIANCE PER STAFF RECOMMENDATIONS, FOR LOT 4,. BLOCK 41, SKY LIN' HILLS ADDITION. Motion carried on a Roll Call vote, three ayes with Councilman Seibold voting nay, Mr. Ngorud has requested a Conditional Use Permit for a home occupation akrchilectural service to be cperued in his home at 12400 - 12th Avenue Nor0i, This request' Is a continuation of a Conditional Use Permit granted in December, 1971. MOTION wa3 made by Councilman Seibold, secorded by Councilman Spaeth to adopt RESOLUTION NO, 73-303. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION ARCHITECTURAL SERVICE TO,AL MJORUD AT 12400 - 12TH AVENUE NORTH. Motion carried on. a Rill C01 vote, four ayes. Mr, Wilkinson $ought a variance to place a house 29 feet from Orleans Lane north of 28th Aventle, but request was denied by the Board of Zoning Adjustment. After much discussion on how the house cv%04 be set on the lot, Mr. Wilkinson assured the fou hci l that his direct neighbor did nut cb jpQ t to placing the bouse closer to the lot line, NATION was made by Councilman Hunt, seconded by Councilman Spaeth, to adopt RESOLUTION NO, 73404. A RESOLUTION GRANTING THE VARIANCE TO BE A 10 FOOT SIDE YARD ON THE WESTERLY SIDE AND 34.7 FEET SET BACK FROM ORLEANS LANE. Motion carried on a Roll Call vote, four ayes, At this point the Mayor stepped down.. APPEAL BY MRS. OLLIE PETERSON FROM DECISION OF BCARD OF ZONING ,ADJUSTMENT I`k EM 5-D RESOLUTION NO. 73-302 AL RJORUD CONDITIONAL USE PERMIT A-353) ITEM 5-V RE X10RESOLUTION ., 73 343 APP.AL BY CARL B. WILKINSON FROA DECISION OF BOARD OF ZONING ADJUSTMENT ITEM SWC RE50LUTI V NO 73-_30_4 N N RECUlR COUNCIL NEETING AUGUST69 1973 „ PAGE THREE ; Nr. Don,Russ, owner of Fox Meadow apartments, requested con- sideration of)the requirewnts of sodding the been along the westerly side of -the Fox liesdow' apartmeOLt development, NOTION was mace by Councilman Spaeth, seconded by Councilmn Seibold, to adopt RESOLUTION NO,, 73405., A RESOLUTION ALLOWING THE SEEDING or THE MAJOR1ORTIONS OF THE BERN CONSTRUCTED ALONG THE WESTERLY SIDE OF THE APARTMENT BYJHE SPRING OF 1974. Notion carried on a Roll Call vote, three ayes, NOTION was made by Councilman ;Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION NO, 73406. A RESOLUTION ES- TABLISHING A POLICY REGULATING THE ISSUANCE OF ON -SALE LIQUOR LICENSES, Motion carried on a Roll Call vote, three ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Scibold,to adopt RESOLUTION NQ1, 73-301, A RESOLUTION AP- PROVING THE STORM DRAINAGE PLAN PREPARED BY BONESTROO, ROSENE, ANDERLIK'b ASSOCIATES; DATED PLARCH, 19736 Motion carried on a Roel Call vote, three avis, Mrs. GMistafson, of 2770 Larch y.ane, brought an apartmeit assess- ment error to the attention of the Council, She was over -charged on her water assessment by Lery #5331 for Lot 30, Block 1, Elmhurst Lakeview Addition, Plat 44120, Parcel 7500, MOTION was made by Councilman Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION 110, 73408, A RESOLUTION RE. DUCING THE WATER ASSESSMENT LEVIED AGAINST PLAt 441200 PARCEL 7500, BY LEVY #5331 $264,00 REPRESENTING THE DELETION OF 163 ASSESSABLE FEET AT $16/FT, Notion carried on a Roll Call vote, threR ayes, There was further discussion on this point, and it was agreed Q!t that Mrs, Gustafson was also over -charged on her sewer assess- gent and that she was also entitled to this refund. MOTION was made by Cluncilman Spaeth, seconded by Councilman tibold, to adopt RE,I)LUTION NO, 73-308 A, A RESOLUTION RE - MING THE SANITARY gEWER ASSESSMENT LEVIED AGAINST PLAT 44120, PARCEL 7500, BY LEVY 04179 $11530 REPRESENTING THE DELETION OF 163 ASSESSABLE FIET AT $7/FT, Motion carried on a Roll Call vote, three ayes, t V PDX MEADOW FIRST ADDIT AMENDMENT TO DEVELOPME CONTRACT (A-230)"ITEN RESOLUTION N0, 73405, POLICY REGULATING THE ISSUANCE OF ON -SALE LIQUOR LICENSES ITEM 5=B RESOLUTION NOr: 73-306 STORK DRAINAGE PLAN ITEM 5-E RESOLUTION NO, 73407 ASSESSMENT ROLL CORRECTION MRS, M,J, GUSTAFSON PLAT 44120, PARCEL 7500 ITEM 6%F I RESOLUTION $0. 73408 RESOLUTION NO, 73408 A y 2<' W,x C AtC CIL TIN6 ' w0-' 6, 1973 WE I SUR NOTIDIr -1 made by Isvncilman Seibold, seconded by Councilman Spaeth „°o adopt RESOk,0TION NO. 73-309. A RESOLUTION OONPLYING WITH THE'PROVISIONS 0 ;,SECTION 462.358, SUBDIVISIOK 49ININOESOTA STATUTESS4ND CHAPTER ILII OF THE VILLAGE CODE AS RELATCD TO THE DIVISION 01 CONSOLIpATION OF PLAITED LOTS HEREBY APPROVED WITH RESPECT TO THE FOLLOWING DESCRIBED PARCELS,: PARCEL A THE EAST -165.00-' ST 195.00 FEET OF LOT 4, BLOCK 1 '"KLAUSM`N` S &D ITION` AS MEASURED AT RIGHT ANGLES TO THE WEST L"NE THEREOF, SUBJECT TO EASEMENTS OF RECORD, IF ANY. PARCEL B'' LOT 4, BLOCK 1, 'S ADDITION" EXCEPT THE WEST 195.00 FEET AS MEASURED AT RIGHT ANGLES TO THS' WEST LINE THEREOF, SUiJECT TO EASEMENTS OF kECORD, IF ANY. Motion carried of a Roll Call vote, three ayes. MOTION was made bl C•ouncilt"n Spaeth, seconded by Councilman Seibold, to adoppt KSOLUTION NO. 73-310. A RESOLUTION ORDERING THE VILLAGr-,CLERK NOT TO ISSUE A CERTIFIEDCOPY OF RESOLUTION N0, 7341 TO TH„ COUh7Y FOR FILING PURPOSES UNTIL SUCH TIME AS ; TH HARRIES HAS SATISFIED TH- PARK DEDICATION POLICY OF, 'HE VILRAGE, BEING A PAYMENT OF $150 TO THE PARK DEDICATIG- FUND. Motion carried on a Roll Call vote, three ayes. At this point the'Mayor retunted to the meeting. NOTION was made by Councr"lman Spaeth, seconded by Councilman Seibold, to adopt RESOLU1il'ON Na„ 73'+?11. A RESOLUTION DENYING THE REQUEST BY ELECTRIC'REPAIR b CONSTRUCTION COMPANY, INC. BECAUSE: (1) THE REZONING REQUEST IS CONTRARY TO SEVERAL BASIC TENETS OF TOE GOA1S' OBJECTIVES AND CRITERIA AS RELATES TO GOAL A: SUITABLE &SING A ENVIRONMENT, OB- JECTIVE 03, CRITEkIA 5., NAL C: ;;ECURITY, OBJECTIVE A2 CRITERIA 1-4; (2) THE PRO`OS!U CHANGE IS CONTRARY TO THE COMPREHENSIVE MUNICIPAL PLAN ADOPTEII JULY 2, 1973; AND THE AREA PROPOSED FOR CHANGE I! NOT PRESENTLY SERVICED BY SEWER AND WATER. Motion carried n a Roll Call vote, four ayes. There was much aiscusslon oh the Elm Cheek Conservation Management 6 Protection Area, and it wa, felt that the staff should be directed 'to ,'urther investigate the matter of dividing cost snaring. It was felt teat Plymouth should adopt a cooperative policy with communities which would be neccessary to work out these problems. Iv was questioned whether or not Plymouth shoult' get involvei. It would be better for these communities to work out their own problems together, rather than have agovernment typo arrangement work them out. Plymouth should work with these communities and "not drag their feet". 0 RUTH B. HARRIES, DIVISION OF PLATTED LOT (A-4931 ITEM6 RESOL ION 80. 73409 RESOLUTION NO. 73.310 ELECTRIC REPAIR R CON- STRUCTION REZONING FROM I-1 TO I-2 (A-478) ITEM 5-I RESOLUTION NO, 73411 ELM CREEK CONSERVATION MANAGEMENT b PROTECTION AREA ITEM 5-J 1 REGULAR COUNCIL MEETINh., AUGUST 6. 1973 s` PAGE FIVE MOTION was made by Counc.lman Spaeth, seconded by Councilman Hunt, requesting tha 4 tht.', staff pursue and follow up this matter with particular cc ,kern to the voting criteria and cost sharing, and report tack to the Council. Motion carrted on a Roll Call vote, four,,ges, At their May 31, 1973 meeti'og, the Council passed the Reso- tution accepting the Fox Meadow storm sewer subjected to completion of the restoration work. The restoration work has been Meted and is acceptable. The staff recommended final acceptance of the project, `. MOTION was made by Councilman Hint, seconded by Councilman Spaeth, to adopt RESOLLFTION NO, 73-3124, A RESOLUTIAM ACCEPTING THE FOX MEADOW STORM SEWER; deleting the following language from the last paragraph of the proposed resolution: and furthr: that the bond for said project be released upon receipt of payment of monie', due from Belmar Guilders to cover Village expenses." Motiin carrfad on a Ro11,Call vote, four ayes. Attorney Lefler recommended that w, nrt release the bond until the law suit between the Dev0 oper and Paging Con- tractor is resolved. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RESOLUTION NO, 734134 A REeOLUTION STATING THAT THE STREET CONSTRUCTION ON SARATKA LANE NORTH OF 32NO AVENUE WITHIN THE MED -0 -LAKES ACRES SECOND ADDITION IS ACCEPTED AND FURTHER THAT THE BOND BE REDUCED FRal $800.GO TO $0 UPON RECEIPT OF MONIES TO COVER VILLAGE EXPENSUS INCURRED RELATIVE TO SAID PROJECT, Motion carried on Roll Fall vote, four ayes. MOTION was made y Councilman Spaeth, seconced by Councilman Hunt, to adopt RESOLUTION NO, 73-314, A RESILUTION RELEASING TdE BP4. ON THE PLYMOUTH PLAZA PROJ#CT, Mat #vn carried on Roll -,.'all vote, four ayes. MOTION was made by Councilman Spaeth, 111unt, to adopt RESOLUTION NO. 73-315, PAYMENT ON REQUEST FO^ PA`.'MENT NO, 1 ON EAST MEDICINE LAKE STREETS PROJECT CONSTRUCTION COMPANY, Motion carried ayes. seconded by Councilman A RESOLUTION AUTHORIZING IN THE AMOUNT OF $8,486991 NO. 123401 TO ALEXANDER on Roll Call vote, four MOTION was made by Councilman Selbold, seconded by Couhcilman Hunt;, to adopt RESOLUTION NO, 73-316, A RESOLUTION AUTHORIZING PAYMCNT ON REQt:IST FOR PAYMENT y0, 2 IN THE AMOUNT OF $249705.90 ON PUMPHOUSE NO, 3 PROJEf:T N0, 122 TO LEE RICHERT PLUMBING A HEATING COMPANI'% Motion carried on Roll Call vote, four ayes. B FOX MEADOW STrRM SEWER ITEM 5-K RESOLUTION N0, 73412 BOND RELEASE ACRES SECOND ITUIM 5-1 k o MED -O -LAKE ADDITION (A44; RESOLUTION N0, 73-313 PLNMJUTH PLAZA BOND (A-114) TEN S -M v1SOLUTION NO, 73-314 AST MEDICINE LAKE STREETS 0JECT NO. 123 -on ANENT NO. 1 5-N RI:;.SJLUTION NO. 73-315 Pl M• HOUSE NO, 3 KCJECT NO. 122 FkYMENT NO. 2 ITEM 5-O RESOLUTION nu . 316 REWl R COUNCIL AUGUT.. 69 1973 PAGE' S IX MEETING MOTION was made by Councilman Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION NO. 73-317. r. RESOLUTION AUTHORIZING PAYMENT ,i REQUEST FOR PAYMENT NO 1 IN THE AMOUNT OF $89275.50 ON DEEP WE.-,. PUMP N0. 3 PROJECT N0, 122 TO TONKA EQUIPMEr, COMPANY. McQfon carried on Roll Call note, four ayes. MOTION was made by Councilman Spaeth, i;econded by Councilman Hunt, to adopt RESOLUTION NO. 73-318. A RESOLUTION APPROVING CHANGE ORDER N0, 5 IN THE AMOUNT OF $251,84 ON FAST MEDICINE LAKE SEWER b WATER PROJECT NC, 123-134 TO BARBAROSSA b SONS. Motion carred on Roll Call vote, th.•ee ayes with Councilman Spaeth voting nay. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to adopt RESOLUTION N0, 73-3111. A RESOLUTION AWARDING ONE TRUCK 27,500,G.V.", GAB AND CHASSIS TO THE LOW BIDDER - TOWNS EDGE FORD FOR $5,069.00. Motion carried on Roll Call vote, three ayes with Councilman Spaeth voting nay. Mayor Hi 1 de asked if we kept track of mileage, and it was learned that they had the capability of doing so, but were not presently do so. Ma y vr Hi 1 de also brought up the follow=rg points: (1) cosi per mile, and (2) experience in getting parts. There he;; been some difficulty in ob- tai r4i ng parts for certain maces and it was felt that records should be kept with 0is information on file. Mayer : REGULAR ZOUNCIL MEETING AUGUST 6. 1973° PAGE SEVEN,) ji 7 1 REPORTS BY OFFICERS, BOARDS b COMMITTEES MOTION was made by Councilman Spaeth, ieconded,by Councilman Seibold, to adopt RESOLUTION N0, 73-sV,-.,'; A RESOLUTION AP- POINTING SUSAN L. LARSEN AS THE CLEkK-FOR THE VILLAGE OF PLYMOUTH, EFFECTIVEIjULY 309 1973. Notion carried on (toll Call vote, four ayes. The Manager submitted reparts on the1975 Village Environ- mental and Weed Programs'.) He indicated that the aggressive program to combat local polution Problems, while Seasonal, has thus far been very encouraging=/ In addition the 8 inch weed ordinance has-been enforced vigorously and has received a good deal of acceptable publ+c comment:, He thdicated that - both programs should be continued during 1974 and perhaps started earlier than June. , Councilman Seibold directed the staff to send out the Manager's report to each Homeowner President and a cover letter to the four Homeowner Presidents thanking them for their help in oNanizing the clean-up program. MOTION ,was made by Councilman Seibold, seconded by Couorilman Hunt,,to adopt a program to combat local pollution problems. Motion carried on a Roll Call vote, ftur oyes. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to accept the,Supplement Report on the Comprehensive Sewer Plan for further review and study. Motion carried on Roll Call vote, four ayes. LICENSES 6 PERMITS NOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RESOLUTION 40. 73424. A RESOLUTION APPROVING THE RENEWAL OF CESSPOOL PUMPING LICENSES FOR THE FOLLOWING: 1. Elmer J. Peterson Company 2. Northerr. Cesspool Company 3. Bob's Plumbing Motion carried on Roll Call vote, four ayes, DISBURSEMENTS MOTION was made by Coo ilmatt Hunt, seconded by Councilman Seibold, to adopt RESOLUTION N0. 73425. A RESOLUTION APPROVING THE LIST OF DISBURSEMENTS FROM THE GENERAL FUND, CONSTRUCTIO'N FUND, WATER FUND AND SEWER FUND IN THE TOTAL AMOUNT OF 562,704.05 FOR THE PERIOD ENMING JULY 20, 1973. Motion carried on Roll Call vote, f))ur ayes. r APPOINTMENT OF VILLAGE CLERK ITEM 64 RESOLUTION NO, 73-323 sm 1973 VILLAGE ENVIRONMENTAL PROGRAMS 8 WEEK PROGRAM , ITEMS 64 AND 64 REPORT ON SUPPLEMENT TO COMPREHENSIVE SEWER PLAN ITEM 6—D CESSPOOL PUMPING LICENSE RENEWAL ITEM 7 RESOLUTION NO, 73424 DISBURSEMENTS FOR PERIOD ENDING JULY 20, 1913 ITEM 8 RESOLUTION N0. 73425 o REGULAR COUNCICKEETING AUGUST 6. 1973` ' PAGE EIGHT MISCELLANEOUS Mayor,Hilde brought: up several points dor discussion: 1) Article put out by the Manager of New Hope used to keep, legislators and others up to date on Village affairs• MOTION was made by -Councilman Hunt, seconded by Cour%\oilman Spaeth,'directing the Manager to prepare such periodic - newsletters,and to distribute them to County Commissions, Metro Cbuncil, etc. Motion carried on Roll Call vote, four ayes. 1 2) Cal'andar change for the month of October: A regul-ar,; meeting is scheduled for October 1, 1973. The meatig orl,ginally scheduled for October 2, 1973 will be . changed to(October 4, 1973. The October 4th meeting will combine budget, public hearin#,!and assessnr_nt hearings N2. 3 3) Police Negotiation / MOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTION NO. 73-326 Seibold, to adopt RESOLUTION N0, 73426. A RESOLUTION AU'THORI:ZI;yG AND DIRECTING THE MAYOR AND MANAGER,TO SIGN THE LABOR AGREEM01 BETWEEN THE VILLAGE AND THE PLYMOUTH'POLICE ASSOCIATION. MOTION was made by Mayor Hilde, seconded by Councilman Hunt, commending and thanking the meiabers of the Police. Department and the Manager for the fine way in which they worked tow gather on this agreement. Ths Council appreciates the gehtlemenly approach on both sides, and certainly the citizens will be the beneficiary of this. The Manager was directed to send a letter to the Police officers expressing the Council's appreciation in arriving at a contract settlement. 4) E.P.A. Grant y ' The mayor indicated that the Council had done additional research on the E.P.A. Grant application. Until such time as new WPCA•34 miles are approved by the P.C.A. and the E.P,A.projects will not be funded. Therefore the Village will have to have an input to these hearings at the new WPCA-34, as to promote the future favorable review of the application. Mayor Hilde adjourned the meeting at 9:40 p.m. r I' 1