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Home My WebLink AboutCity Council Minutes 10-15-1973n 1 X MUTES RE6U M'CO NCIL MEETING kUber 15. 1973 The regular mating of the Plyuouth Village Council was called toaorder by Acti WWr Hunt at 7:40 P4 , in the Cwncil Chambers of the Pudic b 's Buildung. 14 Twenty4hird Avenue North. Plymouth, on October 1S. 1973, PRESENT: Asting "r Hunt. Councilmen Neils. Selbold and Spaeth. Manager Willis. Attorngy Draw=. Engineer Goldberg. and Planner Overhiser, ASSENT: McYor *Ilde KINUTES NOTION was made by Councl loan Seibold, seconded by Actting Hunt$ to approve the minutes of the October 4. 1973 Special Meetingg. Motion carried, three ayes; Councilman Spaeth abstaining. PETITIONS RE cSTS 4 COMMUNICATIONS INNERMENEENF.. The Planning Commission has reviewed the petitioner's request for Preliminary Plat for proposed Bass lake Plaza. and Con- ditional Use Permit for the establf -hmont of a Ford dealership for new and used car sales and a Site Plan approval. and rec- o nd approval of proposed resolutions with two conditions relative to dry water and sewer pip,:b and park dedication requlm ents. Councilman Spaeth was concerned with Item itt regarding dry water and sewer pipes being considered in the Development Contract to be construL ed as part of the public improvementso and wondored how this would relate back to Ply- mouth ordinance where you have to have a sprinkling system. Planner Overhiser said that whether the building 1s going to be sprinkled or not is up to the architect and the state building code and that the state code must be met, Charles Wilton, 4536 Orchard, Minneapolis % indicated their intent was to build a steel and concrete building and it Is in the plans to have a total spriak1ingVOOstem, but they intend to put 1n a well of approximately gallons/minute which would serve foo, sprinkler heads at a given time. Also Intend to connect 1.0 simer and water when available but intend to have sprinkling system installed as part of the building. Ninaer Willis understood the Council 13 cons1derin the puss?bi 1 i ty of extending utilities to this district i n not too distant future and felt the Staff would work with the developer in order that his capitol investment would not be exorbitant. SPECIAL MEETING OCTOBER 4. 1`473 Item 4 WALTON FORD & N, Gv ASTLEFORD - PRELIMINARY PLAT. SITE. PLAN REVIEW. i CONDITIONAL. USE PERMIT FOR AN AUTO AGENCY Item SMD O1a Covoc4l Meeting r 15. 1973 Page 1Wo I MOK-was ma& (' • Co i lam seconded by cour'd lMn Selbold, to adopt KSOLUTION NO. 73407. A RESOLUTION REWEST- INS PRELININARY PLAT APPROVAL FOR PROPOSED BASS LAIM PLAZA9 subject to tM"two conditions as set forth. INION was mads by Councilman Neils, seconded by Councilman Spaeth. to add a third condition: r 3, That the flpvere Lane collector street be designed In the ins plat for North-Soplth connection to Nathan Lane where it crosses 49th Avenue. Notion to amend the proposed resolution carried, four ayes, NOTION was made by Counci lrnan Neils, seconded by Councilman Spaethe that the Staff be directed to investigate with the County the design criteria o'. 1000' setback of ill sere lane from the touchdown point of County Roads 10 and 18. Notion carried, fpur ayes. NOTION wus made by C-cuncilmon Neils, smnded by Councilmen Set bold fir addition of a fourth condition: 4, That on site treatment of storm' drainage, i ,e. silt collectors, be a matter of the development contract, Notion carried, four ayes, Notion to adopt RESOLUTION N0, 73.407 as amended with addi- tion of Items P3 and A4, carried on • Roll Call vote, four ayes, NOTION was made by Councilman Seibold, seconded by Council- man Spaeth, to adopt RESOLUTION NO. 73408. A RFSOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE ESTABLISHNNT OF A FORD DEALERSHIP FOR NEW AND USED CAR SALES AND A SITE PLAN APPROVAL, subject to the four conditions as set forth, Councilman Spaeth questioned the possibility of issuing permit for footings prior to receiving final plat in order to assist developer to get footings in before the frost season, NOTION was made by Councilman Spaeth. seconded by Acting ha)'or Hunts for addition of fifth condition: St That after Staff has reviewed the building plans and are satisfied, that they be authorized to pro- ceed :o issue a building permit for footing con- struction ip to grade, Notion parried, three ayes, with Councilmn Seibold voting nay, Notion to adopt RESOLUTION NO. 73408 as amended vith Item l5, carried on a Roll Call vot: , four ayes, C RESOLUTION I[0. 7.3407' RESOLUTION NO. 73408 1 1 I r RESOLUTION I[0. 7.3407' RESOLUTION NO. 73408 1 1 I N ler Council "ting Cc r 15. 1973 Page Thee Petitloror 1s requests a rezoning of an area South ,of Ni 55 between Ni edel 1 and, Vi - A63 fron R-0 to R -1s R•3, R•4 andkIai based u ( A /t , General Oevelopee t Plan. There has ',been exteisivvq,'Ais toryon this razoning request, and the Staff reca nds Vat the request of Delos Taylor and Playhouse Cop oy he approved based upon the General Development;Plan, NOTION Mas jade by -Councilman Spaeth, seeogded by Council an Neils, under Section 2. General Devriomnt Plan, the addition of (A): A) That Vth Avenue between propasad, R-1 district and Wt proposed R-3 district !w,,Ielininated as rordev but be dodi cated to Ph Guth Villa as public parkway., retaining rtght of wq. Notion carried, :ill ayes. Councilman Neils expressed concern that If the area on V1 cks- burg Vide of to drain Nay is not developed at an R-1 levo -.1, we shoo i:+ see'tNt an ample open space arta along the drain way be devw1oped on the east side. NOTION was made b Counr. F Iran ,dei ls, seconded by Councilman Spaeth. undo;• Section 2. General Development Plans the addition of (B): 8) That E-thibit A•350 be revised to increa;;e the width of the 40' wide trailvay to 10 rolls to be utilized for public open Space, drainage. pQ- destrian trail and park way along the easterly side of the drainage channel. Motion carrieds all ayes. MOTION was made by Councilman Spaeth, seconded by Council" man ouncil- man Neils, to adopt ORDINANCE NO. 73-17. AN ORDIWCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED IN SECTION 1.06 TOWNSHIP 119v RANGE 22 a I.1 PLANNED INDUSTRIAL, R-4, AND R-3 MULTIPLE FAMILY RESIDENCE DISTRICT, AND R-1 SINGLE FAMILY RESIDENCE DISTRICT, changing R4 to Rv2 and t4 into the General Development Plan as amended. Councilman Neils said that if the acceptcbility of this General Development Plan is conditioned on whether or not Medina Road extension is built prior to any industrial development that takes place, it could become extremely difficult to negotiate construction of that road as psrt of the development contract if at some future time we find thot the planned area has been converted to public use ;And then in five years want to build a road. we might find it tough going. Planning Director indicated this should be, part of the davelopment contract and be built or bonded fir prior to any building permits. 7. bC DELOS R. TAYLOR AND PLAY - WE CWAxY - Ruat"s FROP P4 to R-1. R-39 R4. aired ** T- WED UPON A SENERAL DEVELOPMENT PLM-. I %W S-A I OROINANCE. N0. 73.17 QWMW Regular CQUIKII Meeting October 15. 101 Page Four Concern was expressed about the access on Vicksbtarg Lane, closest to Highway SS that while it 1s not, t4 problem today, it could develop into a problem regarding closing it in the future. NOTION was made 4y Acting kyor Hunt, seconded by CoOnci l • an Neils, under Section 2, tineral Devel4aert Plan,. the addition of (C) : C) That op Exhibit G450 the access from Yi ksburg Lane closest to Highway 559 be deleted fhm the General Development Plan and that this particu- lair access be handled at the tine of Preliminary Plat and Final Plat approval* Motion carried,, all ayes. W7 SON was made by Councilman Neils, seconded by;, Councilft man Spaeth, under Sectlan,2, General Development Plan. the addition of (D): D) That on Exhibit 8450 the parkin in the front yard set back areas fronting pubic streets for both the proposed R•• district and the proposed R•1 district be eliminated. Motion carried, all nes. NOTION was made by Cwncilman Neils, seconded by Acting Payor Hunt, that at the conclusion of Section % General Develo nt Plan, add ". . ., subject to the following conditions: (A r7 811 (C) and (D) ou Notion carried. all ayes. Notion for adoption of ORDINANCE 73-1f, as amended, carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Council- man Seibold, that the Manager be directed to come bock to the Council with a completely rewritten ordinance with all amend- ments before the minutes of this otteting are approved. Lotion carried, all ayes% Planner Overhiser explained that the Villagq Council referred this matter back to the developer (Septe0ber 17, 1973), in order that the developer could consider the suggestions made by Council conreening the circulation pattern within the area and the future extension of Woo caster Lane to the north to serve the future development. The Staff has .net with the developers r two occasions and they have submitted a revised Traffic Analysis of the aria and a revised General Development Plan, i J OUILOERS EQUITY CONPANY VAREL A. FARR DEVELOPMENT CORP% - REZONWh R-0 to 84 l tom 5»8 11 C L Regular Counci 1ting October 15, 1973 Page' Fi ve Laren Galpfn, Ninneapol,repreent4ing Development Cone cept CorForation 4W descrtked differences between the f revious Plan and the Revi sed' Gener N1 1 Deve i Ownt Plan. The main difficulties at that tilnelre the traffic, problem and the - traffic flow north of Countstoad 9. Tnty nave wet with the Staff in so effort to relay iconcep that would meet the tr0fic requirements and still rovi p service to the pro- posed shopping center. CounclIgn S eth questioned whether dri very oft County Road 9 to t went woul d ever be ap- proved by the County. Ton Wanous. 4015 Trenton lane - representing Home Owner groups - read from prepared statemen ooposin the plang and suggesting Council members make t`siO decision after first walking through the area and vie;I\n this site. Felt that something more suitable could Q w proposed for this area than present proposal being pr lentad. i.e., office buildings, sich as alor.g Highway 1 and Highway 18, Indicated that traffic Mas already ex namely heavy in this area, particuterly during summer 'tths and be- tween hours of 4:00 and,5:00 P. N., and'su h shopping center would add to congestion, \ NOTION was made by Councilman Seibold,, sec oded,by Council- ORDINANC1 N0. 73-1 man Spaeth, to adopt ORDINANCE NO. 7308, Alt OR61NANCE 4lAlIENDIII TILE IONING ORDINANCE Tn CLASSIFY CF ITAIM LANDS LOCATED IN THE NORTH 1/2 OF SECTION 13. TOWANIP 1180 RANGE 220 AS 8-2, SHOPPING CENTER BUSINESS DISTRICT',, NOTION was made by Councilman Neils, secondee by Councilman Spaeth to amend Section 2 of the proposed ordiionce General Development Plan, with the addition of Items f i and 06, S. That reconstruction of the frontag e rood shall be a matter of development contract for this plat% 6. That $uit4ble landscaping and screening shall be required Along the Sauth. West and North boundary lines abuttl ng or facing existing or priiposed " residential districts. Wtion carried, four ayes. HO'11ON was made by Councilman Neils, secon ed by Councilman Spaeth to amend Section 2 of the proposed ordinance General Development Plan, with the addition of Items #7 and, 08: 7. That documentation of the pondingarea as to size and public dedication versus dranage easement shall be a matter of final plat and development contract, 8. Tlat parking in the front yard setback areas be exvluded from the General Development Plan, Motion carried, four ayes, 0 11 r J r koul ar Council ileeti ng 1 October 15, 1973 Page Six NOTIOX,was made by Councilman Neils, seconded by Coun Selbold to amend Section 2 of th pro,oled ordinsanre Developmeivt Plan, with the addition o, Item 09: v 1 9. That the Revere lane access drives to County Road 9 be eliminated frm' the'General DeveldMwnt Flan. Motion carried, four ayes. Notion to adopt ORDINANCE NO. i' Roll Call vote. `four ages. 73-18 as amended Harried 9n a The Pl4nninq Cormssion and Staf! recoamend approval of proposed rezoning certain property to the South of the socia tion of Free Lutheran Congregations to R-4, pro- osed Revised General Developwt plan and Site Plan for second dormitory, and proposed revision to R.L.S. 6606. Councilman Neils expressed concern for two areas; 1) Did not see need for rezoning to R4, but could remain as Rawl and allow a Conditional Use Permit, and 2) That appropriate consideration has not been given to traffic' circulation in the area. MOTION was made by Acting Mayor Huflt, seconded by Councilman Seibold, to adopt REMU710H NO. 734096 A RESOLUTION APPROVING OF A CONDITIONAL USE PERMIT, FOR THE EXPANDED DEVELOPMENT. Motio, to adopt RESOLUTIN NO. 73409 carried or a Roll Call vote, four ayes, MOTION was made by Councilman Neils, seconded by Counci l - man Spaeth to adopt RESOLUTION N0. 7341'14 A- RESOLUTION APPROVING CUPS OF THE REVISED GENERAL IEVELOPMENT PLAN AND SITE PLAN, cunditioned on the addition of Ittm #6: 6. Oedicate to public use the lake front lots. Motion to adopt RESOLUTION NO, 73410, as amended, carried, on a Roll Call vote, four ayes. Dickman Knutson, 12805 Olson Highway - representing the Petitioner - indicated their Board of Trusteev allowed an easement over lake property lots, but not trap; fer of ownership. Attorney Drawa said with an easement ownership would remain with the Association, and if we abandoned use olf property, they would have property to du with as they wished. Dedication of lake front lots would allow village to use as desired. Depending on the language used, dedica- tion on the easement can be Auite restrictive. ASSOCIATICA OF FREE LUTHERAN CONGREGATIO4S - REZONING, REVISED GENERA: DEVELOPMENT PLAIT, SITE PL049 AND R.L.S. Item 5-C RESOLUTION 13-.409 RESOLUTION 73.410 MOTION was made by Councilman Neils, seconded by Councilman RESOLUTION N0, 73-411 Setbold to adupt RESOLUTION NO, 73411. A RESOLUTION APPROVING REVISED R.L.S., with amendment that it be subject to park land tieing dedicated to the Village along the Lakeshore l' ASSOCIATICA OF FREE LUTHERAN CONGREGATIO4S - REZONING, REVISED GENERA: DEVELOPMENT PLAIT, SITE PL049 AND R.L.S. Item 5-C RESOLUTION 13-.409 RESOLUTION 73.410 MOTION was made by Councilman Neils, seconded by Councilman RESOLUTION N0, 73-411 Setbold to adupt RESOLUTION NO, 73411. A RESOLUTION APPROVING REVISED R.L.S., with amendment that it be subject to park land tieing dedicated to the Village along the Lakeshore Requ Nr' Council ting OC Or 15, 1973 Page len an r it on the West side of East MWicine take Boulevard and walk- in a trail easement along +ate mast And Nootheast side of the level opmeent. Notion to -adopt RESOLUTION 73411 , as ameended carried on a Roll Call Ovate, four ayes. Manager WtAlis ind'cated the total amount ol' floor space being propoted within each of two buildings is slightly In excess of original proposal, and that the! letter from Mr. Lundbor4 to lir. Overhiser concerning the, Conditional Use Permit for a motel\" i s being called to their attention for information purposes only, and has no be ring on ap- proval, but Council might feel that the developer has not yet fully understood the Council's action of approving site plan contingent upon the removal of the motel complex. Councilman Seibold felt that it does have a bearing on their approval. If app; -oval is granted to resolution as It now s Ai s is , Council would be approving a resolution in accordance with a General Development Plan that really has not been amended or redrafted Council's action of June 18, at which time. it was indicated the planned business development was approved contingent upon removal of motel site, The letter received from Mr, lundborg 'would presume consent to original plan if Council acted cit the Site Plan resolution as written. MOTION was made by Councilman Neils, seconde by Co;itil- man Seibold, to adopt RESOPTION NO. 73-412, A RESOLUTION AP - PP VIINO SITE PIAN FOR THE COt STRUCTION OF 4th AND 5th OFFICEBUILOIf4WITHINTHEFOXMEAOCWSOFFICEPARKINACCORDANCE WITH THE GENERAL DEVELOPMENT PLAN FOR THIS KANNED BUSINESS DEVELOPMENT APPROVED BY RESOLUTION NO, 73419. MOTION was made by Councilman Seibold, seconded by Council- man Neils, to amend Resolution by adds t@- on of Item 05: 5. That issuance of a building permit i q contingent upon the General Development Plan dated 6/6/73 I nitig redrafted to delete reference to a motel. Motion carri :d, four ayes. MOTION was made by Councilman Neils, seconded by Co6n4:ilmen Spaeth, that resolution be amended by addition of Item 06; 6. That on sitA treatment of surface drainage be in accordance with plans approved by Village Engineer, Motion carried, four ayes , Motion to adopt RF'SOL 14N NO, 73.112, as amended, carried on a Roll Call vote, fot.e ayes, C BELMAR OFFICF, BWLOINGS 04 and 05 - SITE PLAN. REVIEW AND DIVISIC14 OF PLATTED LOTS Item 5-E RESOLUTION NO, 734i2 Cl Regular Council Mia irr, , October 15, 1913 Page Eight 1,07 TOM *as, made. by Councilman Spaeth, seconded by ftunci l RESOLUTION la: "73 413 titan Seibold, oto adopt RESOLUTION t1:Or 73-4139 A RESOLUTION REQUESYING THAT EXISTING LOTS 4, $, HID G OF BLOCK 19 FOX M AOOiIS FIRST 'ADDITION BE PJRTNER SUIDIVIDED, Notion carried on a Roil Call vote, form ayes. ry The Staff concurs with the Planning Coanissions' recur- J. GRU 1 TEE COMPANY mendation for approval of proposed resolution for site SITE PLO! ASVI(N FOR AN' plan for a plant addition for a .steel, fabricating plant ADDI110N 10 EXISTING and warehouse to be located at County Road lg and 17th STEEL, FABR-ZCA7 j NG PLANT Avenue, with certain conditions.. Item S=F I Vic Gruman, 1605 N. County Road 08 - tit ar:swer to CQunci 1 - man Sprth's question regarding whether or not this w?s same type of building as previous buildingg, W. Grumet ' Indicated they were conternpl4ting a bvi ling compatible with the previous building, I NOTION was made by Councilman Seibold.- secon;,led j; it Comb - t E!ijt`Ltl'jQ1 NO, 73.414 maty Spaeth, to adopt. RESOLUTIOR Wit ]3•-414, 4 ttiS:1,t1Tj0H- 1. APPROVING SITE PLAN FOR AN ADDITION TO a. GRV Wi :y1i-,EL COMPANY'S STEEL WRICATING RQANT AID 141ENEJU iE L J!'t 41.0 II I ' AT COUNTY ROAD IS AND 17th AVENUE. I! 710N 44s made by Councilman. lei is , secj3need bi ( vim-cil lman Se•lbo i d to amend proposed resol utl mn 0 Fa alli i•1 i can of I tem fit i 6,. That all untmpn)v'ed areasq I" a E&,1: cnd Siputh exposures be 1 ands cap+td i n 1r. ecl rtlar..( i, V I,.h p.] ens to be approl)ed b•y The Ri reci:or' ''f Pl ;-mr ng artd' 'I l;.XI Connr;t:nitJt Development and a;Wji,1br,s1,1•,.xe for completion. I Motion carried, four ay!'a Mr. Gruman asked ques tign if flixt spt allm; was earvl, - e+ ;#II4i, . for lant4taping to take. place. Ceara l crActirookiell., ft.,ion to adopt RESOLUTIO' Bio, ?3-414 irs ca.--rri ed on a Roll Call vote, four rues„ Petitioner. Edward Keller, has requested t4at a.r, pxilsting O KELLER - DtirtSlCN OF parcel of land locata-d on the SE corner oil 40nty Rand 6 U1PLATTED PROPERTY Lind Dunkirk Lane (A-490 be further subdi #! clwo. T11t, stei-,q Item 5-J recommends Council approval for prolpostaej e-gisolut1ni;j. Councilman Heils li,sti ried hh cirly !a r at x i:, '.4uar+ip Road 6 was not to be doeded and w1und-rvtd the flatisixi ashy t 1A other half of right of w4y for ounk!rk is A(. -t reselved fres pari of this actio.nt Planner Overhiser incl cated tliat. tho Dunkirk 'i, ht of .way would fie platted at a ater dale tinct that the dri voway o-oul d be dealt with in the stx-a , reial tt Iii an if the CruncA 1 wished. II , e i r I a Regular Council tinq October 15. 1973 Paye Nine NOVION,was made by Councilman Spaeth, seconded by Council- RESOLUTION NO. 73-415 man`` Seibold, to adopt WESOLUTION NO, 734159 A RESOLUTION APP 30ING OF THE FUIME`R DIVISION OF UNPLATTED PROPERTY LOCAUD IN THE SOUTH 1/2 OF SECTION 29. Notion to adopt RESWITION NO. 73415 carried on a Roll Call vote, foua- aiyes-. 1 NOTION bias made by Councilman Neils, seconded by Coin+cit- RESOLUTION NO. 73416 man Sei'old, Vo adopt RESOLUTICN h0. 73-4169 A RESOI AION NOT TO I'SUE k,CERTIFIED COPY OF RESOLUTION NO. 734 159 UNTIL TH 'rE COMITIONS ARE ME's, with Condition 43 bOrg: 3. That drtyeway access to Parcel 8 from Cot, my Rt ad 6, deemed to Village, with temporary, ; access ls'mnstructed rinted until such time, as another public street which provides ar:ress to Parcal 8 with labor and Manager authuri zed to Iexecutedeeos. , William MacRhail, 401 ;ast lake, Nayz3ta, Mirnesota - representing E4#and Keller - disagrees wtth conditions 01 and P2, wilerei n 27 feet of right of wary los deee!ed to the ViVage along the en tire. portion of the: proptrty fmnt- ing on County Road 6. Nr. Keller does not have control of all the property. Counci;man Spaeth said sale of property can't be consummated until. division of p,mperty is approved, so Mr. Keller would have ctntrol of prw*rty, Motion to adopt RESOLUTION NO, 7341f as amended, carried on a Roll Call vote, four ayes, The pe-titioner is requesting to split the North portion if Lut 18, from 'the South port' on hf previously consolidated Lots 16.18 with the purpose of b0ldin9 a house on the North 1/2 of Lot 18, The proposed division would create two lets, Parcel A of 8,500 sq, feet and Parcel 8 with existing house of 11.850 sq, 'Feet,. A rearrangement of th3 lot lines could create twi lots of approximately 10,000 sq. feet each, MOTION was made by Counci1,ian Spaeth, seconded by Council- man Selbold to adopt RESO+.UTION N0, 73-417, A RESOLUTION SUBDIVIDING EXISTING PLAT 44021, PARCEL 910, ELMFURST, Motion to adopt RESOLUT!ON N0, ;'3417 carried on a Rol! Call vote, four ayes, MOTION was made by Ceurci lean Spaeth, seconded by Council- man ounci1- man Neils, to adopt RESOLUTION N,. 734166 A +RESOLUTION NOT TO ISSUE A CERT010 COPY OF RES3LUTION We 73»417, UNTrL TWO CONDITIONS ARE MET. Notion to adopt Rt'SOLUTION NO. 731-418 carried on a Roll Call vote, four ayes, CLEMrNS A RAHN DIVISIONIF PLATTED LOTS (A-512) Item 5-K RESOLUTION NO, 73417 RBESOLUTION NO, 71 410 fiaguloar i'Aunci 1 Neeeti Octobet /' $, 1973 Page TO 1 Pe6tio; er has requested a Conditional 'Qse Permit to ARNE HILI - NIDI 'IM. operate',' a used car lot in a idistrict 13510 Kilmer USE PERMIT FO, A USED Lane. fie Planning Commission has recammtnded that CAR LOT IN A -3 this r 'est be denied due to a potential safety hazard DISTRICT which Id be created In sh already congested area. Item 54 The Staff;recommends that the request be deferred until adettlle site plan 1s ubnriteed for the development o1 L the parcet,, Counci lman 'Neils said : tha extsti hg uses In the area not- withstandin, if we a0he d to the principle of no'parki.ng - I n ttie set ack area, a parcel in itself would y'not be useful for `proposed purpose. i Malin Greenberg, 1310 Midwest Plaza m representing Arne Bill.= attemp,ed to convince the Council that a used car lot is not alwr vs a used car lot. Mr. Hill is not going ta, be operating a typical used car lot, but basf.cal ly a *holesale used car business. The maximum number of cars at tY time would be 30, but more normally 151,20 at any one, t inte. MOTION was made by Councilman Spaeth, seconded by Council,lf, RESOLUTION NO.,73419 omn Nef ls, to adopt. RESOLUTION N0, 73-419, A RESOLUTION DENYING ARNE ALLAN HILUS REQUEST FOR A CONDITIONAL USE PEMI;T T(I. OPERATE A,, USED CAR LOT INA 'd-3 DISTRICT AT '3510, KILMER LAMEv as per ,the Staff resolution and adding Item, 02: i 2. That this tyle of business should not, be' located ii) this area. T Matson to a-dopt RESOLUTION N0, 739419 as amended, carried, on a :%,oll Cell vote, fc:ur ayes. (Wnend. 11/5/71 • Councilman teibold vcting, niq) Petitioner, Carlson Compaliies, Ine., has requested ap- MIP MINI -INDUSTRIAL PARK - raval of a revised Site Plan fort the MIP Mintalodustrial REVISED SITE PIAN (S,E, ark,, The Staff and Nlanwing Commission mcammends CORNER OF INDUSTRIAL PARK approval of such request subject to certain conditions, BLVai AND EAST C;rNTFR CIRCLE - Item, 54 MOTION was misde by Councilman Spaeth, seconded by RESOLUTION NO, 7 -420 Councilman Seltbold, to adopt RESOLUTION NO. 734206 A RESOLUTION APPROVING REVISED SITE PIAN FOR THE MIP MINI -INDUSTRIAL PARK, MOTION was made iV Countilman Neils, seconded by Council- man Spaeth, to amend proposed resolution Item N4, by adding ",,,, and bonded for completion," Motion carried, four ayes, Motion to adopt RESOLUTYON NO. 73420 as amended, carried on a Roll Call vote, four even I 1. i E Regular Couftfl Meeting October 15;, ,I9',3 ' \V Page Eleven ; Petitioner,, Marvtn H. An rscin Construction Company ,`,,1s "WIN Ne -ANDERSON D requesting a Conditional Use Permit fr,r a temporary sales CONSTRUCTION COMPANY - office and parking lot wi,!Ai n a rest dent l a 1 d1 stri ct ' CONDITIONAL USE ,PERNIT FOR Lots 5 a 69 Blos:99, Neadow '.awn Estates, 4th Addition). A SALFS OFFICE AND PARKING The Staff and Planning'vComis0or,recommends approval of LOT AT-MEADOMLAMN WATES this proposal with caridttions.` Item 5-11 MOTIOM was made by Counctiman'-spaoth, secondet.`+y Camci 1- RESOLUTION NO. 73-421 man Nei 1 s , to adopt RESOLUTION NO, 734219 A RES.UTI ON GRANTING A CONDITIONAL USE PERN17 FOR A TENPOV.!,Y SALES OFFICE AND ' PARKING` LOT SUBJECT TO TWO, CONDITIf SIS. Motion carried on a Roll Call vote, four ;ayit. Petitioner, William H. Budnick, Is requesting a division WILLARD H, BUDNICK - of existing parcel located at 15250 - 3rd Avenue North DIVISION OF di ED into two parcels. Staff and Planning Commission recomm PROPERTY (15250 -3rd Avet ) mend approval of this request with conditions. Item 5-1 MOTION was made by Councilman Spaeth, seconded by Council- " RESOLUTION N0,43 man Neils, to "adopt RESOLUTION N0, 73422, A RESOLUTION DIVIDING EXISTING PARCEL LOCATED AT 152054rd Avenue North INTO TWO PARCELS. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Neils, seconded by Council- RESOLUTION 0% 73423 man Spaeth, to adopt RESOLUTION NG. 73423, A RESOLUTION THAI' CERTIFIED COPY OF RESOLUTION N0,, 73-422 NOT BE FILED WITH THE AUNTY UNTIL SUCH TIME AS CONDITIONS ARE MET, with amendment to add Iteam iS and l4: 3. That basement elevation shall be established by the Village Engineer before a building per-, mit is issued. 4. That pond construction and drainage requi remen0l be in accordance with Village Engineer's recon mendations. MOTION was made by Councilman Spaeth, seconded by Council, man Neils, to amend RESOLUTION NO, 73-423, by addition of Item #5: 5. That any required utility stubs be prvv1 ded by the petitioner. Motion to adopt the three amendments carried, four ayes. Motion to adopt RESOLUTION NO. 7346^3 as amended with Items 3, 4 and 5 carried on o Roll Call vote, four ayes. r a ff V n9lirCoundlMeet1 a > October is* 194 ' b r Page Twelve letter has,been received from the Ani 1 Humane Society ANIN" ME SA,+,zLT requesting that we contribute $476 to telp offset an RE EST FOR FINAi anticipated deficit of $25.000. Mir. 111 s i ndi uted tSTANCE that to his knowledge there his been b previous, , request S -Mf a: to contribute to . ,this organization a no funds have Wen " provi ded ! n either the 1973 or") 1274 budgets for this 'Out 1 pose. The Police Chief has also indicated Ne selft use the services of the ,\umane Saclety, but sometimes, refer citizens to them. = MOTION was made by Coanci lman SN75eth, se-:onded by Cou 1- man Neils, to decry request for from, Hennepin Cou cy Kxars Society. Notion carried, all ayes. If REPORTS OF OFFICERS, BOARDS a COMMITTEES Vil-lage Engineer Goldberg said that the .Minnesotb Highway ESTABLISHING, 9tiC UNIT Depalrtmnt has conducted a-,- traffic study on Fe endele Ave- ON FERNI*:E AYE. BETWEEN' nue between T:H, 12 and .SAH 6 to determine, th safest, T,H,l2 ino COUNTY ROAD 6 most enforceable"speed. thereon, and have req .sted Item,64- speed be 40 mph, , NOTION wits made by CouncilMP Spaeth, second d. by Acting Mayor aunt, to adopt resolution that the Ca iissioner of Highways 'be requested to post the speed 11 it at 40 mph for Ferndale Avenue between T.H. 12 and CS 6. Motion losts Councilmen Seibold and Neils voting nly, Acting Mayo, H!mt and Councilman Spaeth voting ayes MOTION was made by Councilmen Seibold, seconded by Council- man NRilsq to recommend to Wayzata and Orono to post speed limit of 30 mph for Ferndale Avenue between T,H, 12 and LSAH t, Motion lost, Councilmen Seibold and Neils voting aye, Acting Mayor Hunt and CounzAlman' Spaeth votingnttgy, It was l,ecommended thQ Staff, return with this request at a later 14"ounc+l meetins when five members will e present, Engineer Goldberg has indicated McCombs -Knutson. con- sulting engineer for Lundgren Brothers, has forwarded letter advl si ng that tht; sanitary sewer, Mater main and story sewer construction for Wood Creek Addition has been cawpleted in accordance with too plans and specifications, This has been inspecte6 i Public Works Department and found to be in accordance w th the plans and specifications and recommend it be accepted for continual maintenance. MOTION was made by Councilman Spaeth, seconded by Councilmen Soibold, to adopt RESOLUTION NO. 73-424. A RESOLUTION AC- CEPTI,NG THE SANITARY SEWER. WATER MAIN AND STOW SEWER DESCRIBED FOR THE WOOD CREEK AQDITION AS VILLAGE UTILITIES, Notion carried on a Roll Call 'votes four ayes, WOOD CREEK ADDITION ACCEPTANCE OF UTILITIES Item 6-4 RESO, UTION N0, 73424 R ulJr C0UMI1 Meeting October 15. 1973' Page Thirteen NOTION was made by Council I an1; a11s., ecoaded by Councl l- WILLOW POM ADOI, ION man S6ibold. to ,adopt REWUTIR 00. 3425. A RESOLUTION ACCE'nN OF UT 1TIES' ACCEPTING THE SANITARY SEWER. VATER it AND STORM SEAR Ito, E-C ° DESCRIBED FSR THE WILLOM PONDS ADDITI > AS VILLAGE RESOLUTION NO. , 3-425 UTILITIES. `Notion carried by i Roll ` 11 vote, tour'ayes. r MOTION was aade by\ Councilmia Selbold, seconded by Council- XENIUN LANE -__ 1'15th wan 4aeth, to adopt RESOLL17IONINO. 73-426 o A RESOLUTION AVEINNE IIP6..*NENT AUTHORIZING EMINENT OONAIN PROCEEDINGS TO ACQUIRE A PROACT 0301' PERMANENT EASENENT,'FOR STREET, ANa UTILITY PUIPOStS OVER-; Its '64 UNDER AND ACROSS THE WEST 16.5 FEET -OF LOT 3• BLOCK Co RESOLUTION 730PLYMOUTHORCHARDS. Notion carried on a Roll Call Votes four, ayes . NOVION was made by Councilman Neils, seconded by Counzo 4w REQUEST ' FOR PAYMENT R0. 3 man Seibold, to adopt RESOLUTION N4, 73.4279 A RESOLUTION PROJECT NO, 122. ALIHORIZING STAFF TO MAkE PAYMENT ON REQUEST FOR PAIWNT , PURPHOUSE N0. $ N0. 3 IN TIRE AMOUNT OF $81108,10 ON PROJECT 1220 PINPHOUSE Item 6-E N0. 30 TO LEE RICHERT PLUMBING AND HEATING, lotion carried RESOLUTION NO. 73-427 on a Roll Call vote, four ayes. Following Council's review of Supplement Report on our ADOPTION OF SUPPLEMENT Comprehensive Sewer Plan as prepared by $onestrao, Rosen, REPORT ON COMPREHENSIVE Anderlik and Associates, Inc., and agrewIng that Alternate SEWER PLAN 8 in that report would be a soi table alternative to the Item 6-F adopted Comprehensive Sewer Plan and agnming to adopt it formally, Staff is submitting a resolution which would adopt Alternate 6 as part 3f the Village's Canprehensi've Sanitary Sewer Plan and recommend its ecceptan,c to she Metropolitan Sewer Board and the Metropol i tan Council, NOTION was made by Djunc1 lman Neils, seconded by Counci l- oran Seibold, to defoer this item for discussion on a future agenda. Notion ct eried, 411 ayes. After reviewing prior Council actions concerning the 1973 park improvements and the Council Policy Resolution No. 13-190, the Staff has prepared a report of the Park Pedication Fund as of October 15, 1971 NOTION was made by Acting Mayor Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 79428, A RESOLUTION AUTMIIING THE VILLAGE MANAGER TO TRANSFER 57,952 FROOM THE PARK DEDICATION FUND TO THE VARIOUS PARK DEPARTMENT ACCOUNTS, Notion carried on a Roll Call vote, four *Yost NOTION was ado by Acting 44Yor Hunt, seconded by Councll- man Neils, to request the Staff to prepare a breakdown of the Staff report items I through 7 and list the expenses which have been included in the Park Dedication Fund Report, PARK DEDICATION FUND STATUS AND 1973 PARK IMPROVEl1ENTSMOLLEN PROPERTY ACQUISITION Item 64811 RESOLUTION N0. 73428 ac9obr'11 Meeting r lg, 1973 Page Fourteen and a further breakdown to supply Council with the oarti- cular items scheduled for each park category as to Ant has been expended and accomplished and what remains to be atccom- pl i shed. Notion carried, 411 ayes. As of tis y ' dato expenses incurred for the 1272 LAWN Acquisition Project hdia-.t- bms died, Total esti- foated cost of t#rt actual acquisition was 52939248, of which the total cost is being finaned by grants for Wl lh the 1 l age has recei fed approvol , In 1972 the ge eutho=ed $149500 roma the Perk Dedication Fund to defray soon of the Village expenswi. These exrea ses will conal st +cf appraisals , ,option nogoti ati ons , a fees, SOY of the relocation cost, and papeht of 1973 taxes due. Staff requests that Council authorize the Manager to tvertlse for bids to have these houses removed. Five of AGe houses cannot be burned because of the heavy tree cover around them, but four cabins on the east side of the lake can possibly be burned by the First Department, but would suggest taking bids on them as an alternate, StJiIIARr OF 1972 LAMCON EXPENSES AND DEM OLITION1 OF S HOUSES Items 60I NOTION was made by Councilman Neils, seconded by Councilmen RESOLUTION NO, 73429 Spaeth to adopt RESOLUTION ROo 73429, A RESOLUTION DIRECTING TWE VILLAGE MANAGER TO ADV:RTISE FOR BIDS FOR THE REMOVAL OF STiNICTURES LOCATED ON WEST NEDI'CINE LAKE DRIVE AND EAST MEDICINE LAKE BOULEVARD, Notion carried on a Roll Call voteb four ayes. DISBURSEMENTS NOTION was made by Councilman Neils, setanded by Council- DISBURSEMENTS FOR man Spaeth, to adopt RESOLUTION NO. 73-4300 A RESOL67ION PERIOD ENDING OCTOBER APPROVING FOR PAYMENT THE DISBURSEMENTS FROM THE GENERAL 10, 1973 - Item 7-A FUND, CONSTRUCTION FUNO, RATER FUND, SEWER FUNQ AND RESOLUTION NO. 73430 SPECIAL ASSESSNENT FUND IN THE -TOTAL AMOUNT OF 2110,979,09 FOR THE PERIOD ENDING OCTOBER 10,-1973, Miotion carried on a Roll Call vote, four ayes. SCELLAN„ ECUS Village Manager requested Council's direction regarding RESOLUTION N0, 13-322, dated 9/4/73k which directed the manager to retain consulting engineers to prepre a pre- liminary report icor the construction of an access street and necessary utt`ities between Annapolis. Lane and County Road 61 and the extension of 24th Avenue K;lrth end the necesavey utilities frau Zinnia Lane to County Road 61, He recommended that the Council authorize the use of 14CC%6s-Knutson for this project in order to evaluate the firms, MOTION was made by Councilman Spaeth, seconded by Councilman Neils., that for this project only, the Village Manager be directed to use the firm of ReCombsw Knutson, Motion faile-J, Acting Mayor Bunt and Councilmen Seibold and Neils voting nay; C000iman Spaeth voting aye. (Amendeda 11/6/73) Acting Mayor Hunt adjourned the meeting at 111.45 P. M1, A 11