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Home My WebLink AboutCity Council Minutes 12-17-19730 l u M I N U C S11 1 REGULAR COUNCIL N ETING, December' 170 197;_ A \ , The regular meeting of the Plymouth -'Village Council was cad' d th order by ,%yor: Hi lde at 7:35 P. M. in the Council Chambers of the Public Works Bui ng, 10900 Twe6, -third Avenue North, Plymouth, on December 17, 1,973. PRESENT : Mayor Hi 1 de, Councilmen Hunt, Neils, Se bold and Soo , hiar ger Willis,." Attorney Drawt, Engineer Soldberg, Planr_er Overhiser al,,d Consrting Engineer- Bonest.roo. ABSENT:) None MIN[IT ES MOTION has made.,by Councilman Seibold, seconded by Councilman Neilc;'to approve the minutes of the Regular Council Meeting, December 3, 1973. Motion carr',ed, all ayes. MOTION was made bj! Coun; i lm,in Selbold, seconded by Councilman 10t, to approve the mi nL tt , of .the Special Council Meeting, December. E, 1973. Motion car, -ie¢, three ayes;, Councilmen Spaeth and Heils absta'r,1:4 , MEETING ; 3, 1973 SPECIAk, MEETING' ` BOARID; OF CANVASS )•'\ December 6, 1973 MOTION was made by CoLhcilman Seitiold, seconded by Councilman STUDY SEStION Hunt, to apprtve the minutes of the Study Session, December 10, December 11, 1973 1973. Mayor Hilde amended the Minutes of this meeting, by adding on Page Two, (3) Streets (A) Vicksburg Lane - "Council- man Spaeth moved that we proceed with a 9 -ton rural section. Motion died for lack of a second. Various members of the Council pointed out that the 9 -ton rural design would require more right of,way and more physical width than a four lane urban section and that further we need more infornnation before making this important decision." Motion carried to approve minutes as amended, five ayet. TTTiONS STS b ICATIONS Petitioner has requested'Site Plan approval for a building addi- tion of an 196 sq, foot building kcated at 2200 Berkshire Lane, for the purpose of housing Control Data's lawn tractor and other maintenance equipment,, Staff recormend, approval, CONTROL DATA CORPOW4TION- SITE PLAN REVIEW OF A IILDING ADDITION Item y -G MOT;,ON was made` by Councilman Neils, seconded by Councilman RESOLUTION N0. 7,3-_472 Hunt, to adopt RESOLUTInN N0, 73-4726 A,RESOLUTION APPROVING SITE PLAN FOR A 14' x 14' ADDITION TO CONTROL DATA CORPORATION FACILITY LOCATED AT 2200 BERKSHIRIi LAN,t, Motion carried on a. 107 Roll Call ,vote, five ayes, Councilman Neils indicated he would like to see the Staff work out gvound tales that Council could agree to, that would llow matters of this minor nature to be handier administratively without the involved process of Planning Commission and Council approv.11, 0 December' 17, 1973" I Page Two f Petitioner has requesited !)ite P1,)n approval and a Conditional (SCHAPER MFG. COMPANY Use Permit) for a warehoellIght manufacturing building ,)gcated CONDITIONAL USE PER- on the Southeast corner,, Xenium Lane and Water, Tower Circle'. MIT AND SITE PLAN Planning Commission recdm i:'kds 1p0rovalof--1ki requestwith REVIEW certain., cond.tions,. r item 5-C MOT ,OH was made-by Counci l'man Seibel d .,seconded by Council man RESOLUTION„. N0. 73473 Neils. to adop % RESOLUT ION X10. 73413, AAESOLUT ION APPROV A SITE PLAN APPRw14AL AND A CONDITIONAL IPSE`OERMIT FOR A WAREHOUSE/ LIGHT MANUFACTURING FACILITY,' MTION was made by Councilman Neils, seconded by Councilman Hunt, to amend proposed Resolution, by clanging Condition fl to read as follows: 1) That a perforgtence bond for"landscaping improve mehts, with a. reasenble completion date, be laced with the Village prior to Building Permit o'pro-Val'nd fiat a ore complete landscaping plan be submitted 3o the Director of Planning and Comm rhuni ty, 1-*Velopment for ,appi,oval . tel„ Moiionito amend, carried, f+ve`ayon, , MOTION was made, by Councilman Neils, seconded by Councilman Seibol-0, to amend proposed Resolution, by adding Condition #5: i 5) Effluent "rate, capacity and overflow conditions be reviewed and approved by Village Engineer for the pour;A Ag . r Motioh carried, five eyes. Mution to adopt Resolution No. 73-473, as smended, carried on a Roll Call vote, five, ayes. I MOTION was made by Councilman Seibold. soconded by Councilman Neils, that hereafter on matters of, this nature, that we make reference to a completion date in the resolutions, Motion cal eied, five ayes,, Petitioner, Baldwin Chevrolet, has requested rezoning of BALDWIN CHEVROLET - property, located north of :ouhty Road 9 and west of County REZONING FROM, R-0 to Road 18, from R-0 (Open Residence District) to 8-3 (Service B-3 Business District , of approximately 10 acres for ,a new and Item $-A used car dealership, The Planning Commission held a puuiic hearing on December 5, 1973, and has recommended that the request be denied for reasons)listed in their report, The Lost Lake and Middle East Homeowner's Associations have sub- mitted a request to the Village that the Comprehensive Land Use Guide Plan for the area at the Ngrthwett quadrant of County KovAs 9 and 18 be revised, M , non Baldwin, "M'Aident of Baldwin Che)mlet, gave a brief rv(oime or the L,.::o:•oand of Baldwin Chevrolet (previously Larson I 1 W___7 0 V ar, ounc , ,et nc Deanbar 17 1913 Page 'Three h^' Chevrolgttl}indicated they were not planning to use the entire site at th 1 s r a for b i 1 di ng,, and had attempted to accommodate the Staff in, their conditions. Mr, TomBeig, President of Middle East Plymouth! Homeowner's. Associ ati on, discussed the petition they had submitted with '07 s i gna tures, snd 4dded 'thy residents were, con- cerned' about the added cingestion to the acoa, and, that they had nothing against gal,dwi n Chevrolet itself, but did `i4 want, the dealership i n; that ,area. J MOTION was made by Councilman Neils, seconded by\ -Councilman RE ULUTIOM.NO, 73-474 .- J Hunt, to adopt RESOLUTION h06 734140 A RESOLUTION DENYING - REQUEST OF BALDW:a CHEVROLET FOR REZONING OF PROPERTY r?tOM R-0 TO B-3, and listing a fourth reason for denial 4)' That it does not reasonably conform to .cation criteria for this use nor is it reasonably comm, patible with the New Hope residential area East of County Road 1G. MOTIO,1 was made by Councilman Seibold, seconded by Councilman Neils,'to add two additional reasons for denial: 5) That it, would adversely influence living ,condi- tions in the neighborhood, 6) That iCwould be a deterrent to improvement or development of the living areas shown on the existing Guide Plan, particularly to the West of the site, WAign carried, five ayes, lotion to adopt Resolution No, 73-474, denying request, as amended, carried on a Roll Call vote:, five ayes, MOTION was made by Mayor HiIde, seconded by Councilman Neils, to direct Staff and the Planning Commission to consider the petition of the homeowners of the area and to particularly look at the Northwest corner of County Road 18 and 9, with a view to cnangi ng the Guide Plan to uses that might -be somewhat more compatible with the msi don ti al areas, bath to the East and the South that would form a better transition between residential areas and the commercial and industrial areas to the North, MOTION was made by Councilman Neils, seconded by Councilman Hunt,`to amend previous motion that the Guide Plan should be reconsidered, particularly in the light of the areas recently toned for a shonping center with the related Preliminary Plat which establishes the initial alignments of the North/South collector street to continue for, connection with Nathan at 49th, Motion carried, five ayes, Motion carried, as amended, five ayes, MOTION was made by Councilman Neils, seconded by Councilman Sel uld; to defer action on this request, as petitioner was unablq\to attend meeting, Motion rioried, five aye:t, HERB MASON - PRELIMINARY PLA1 FOR SINGLE FAMILY LOTS Item 5-B r 1 J J MOTION was made by Councilman Neils, seconded by\ -Councilman RE ULUTIOM.NO, 73-474 .- J Hunt, to adopt RESOLUTION h06 734140 A RESOLUTION DENYING - REQUEST OF BALDW:a CHEVROLET FOR REZONING OF PROPERTY r?tOM R-0 TO B-3, and listing a fourth reason for denial 4)' That it does not reasonably conform to .cation criteria for this use nor is it reasonably comm, patible with the New Hope residential area East of County Road 1G. MOTIO,1 was made by Councilman Seibold, seconded by Councilman Neils,'to add two additional reasons for denial: 5) That it, would adversely influence living ,condi- tions in the neighborhood, 6) That iCwould be a deterrent to improvement or development of the living areas shown on the existing Guide Plan, particularly to the West of the site, WAign carried, five ayes, lotion to adopt Resolution No, 73-474, denying request, as amended, carried on a Roll Call vote:, five ayes, MOTION was made by Mayor HiIde, seconded by Councilman Neils, to direct Staff and the Planning Commission to consider the petition of the homeowners of the area and to particularly look at the Northwest corner of County Road 18 and 9, with a view to cnangi ng the Guide Plan to uses that might -be somewhat more compatible with the msi don ti al areas, bath to the East and the South that would form a better transition between residential areas and the commercial and industrial areas to the North, MOTION was made by Councilman Neils, seconded by Councilman Hunt,`to amend previous motion that the Guide Plan should be reconsidered, particularly in the light of the areas recently toned for a shonping center with the related Preliminary Plat which establishes the initial alignments of the North/South collector street to continue for, connection with Nathan at 49th, Motion carried, five ayes, Motion carried, as amended, five ayes, MOTION was made by Councilman Neils, seconded by Councilman Sel uld; to defer action on this request, as petitioner was unablq\to attend meeting, Motion rioried, five aye:t, HERB MASON - PRELIMINARY PLA1 FOR SINGLE FAMILY LOTS Item 5-B r Regular `C uracil Meeting December 17, 1973 1 Page Four C as tenant, and LandTech Corporation,)' LANDTECH CORPORATION - as *er', have requested a U operate a CONDITIONAL USE Montessori Schoo,! in "The Place" apartment complex. 'The'Plan- PERMIT,' 0cOPERATE nine Commission recommends approval of this request, with certain conaitions. APARTMENtBUILDINCr Item 5-E MOTION was made by Councilman Hunt, seconded by Councilman \, Neils, to adopt Resolution approving Conditional Use Permi t to 0' t M t i S h 1 i' &m t bili 1 di 1 d C Plymouth Montessori School, as tenant, and LandTech Corporation,)' LANDTECH CORPORATION - as *er', have requested a Conditional' Use Permit to operate a CONDITIONAL USE Montessori Schoo,! in "The Place" apartment complex. 'The'Plan- PERMIT,' 0cOPERATE nine Commission recommends approval of this request, with certain conaitions. APARTMENtBUILDINCr Item 5-E MOTION was made by Councilman Hunt, seconded by Councilman \, Neils, to adopt Resolution approving Conditional Use Permi t to 0' t M t i S h 1 i' &m t bili 1 di 1 d Plymouth Montessori School, as tenant, and LandTech Corporation,)' LANDTECH CORPORATION - as *er', have requested a Conditional' Use Permit to operate a CONDITIONAL USE Montessori Schoo,! in "The Place" apartment complex. 'The'Plan- PERMIT,' 0cOPERATE nine Commission recommends approval of this request, with certain MONTESSORI'SCHOOL IN conaitions. APARTMENtBUILDINCr Item 5-E MOTION was made by Councilman Hunt, seconded by Councilman \, Neils, to adopt Resolution approving Conditional Use Permi t to 0' t M t i S h 1 i' &m t bili 1 di 1 dparaedonessorcoonansparenngocate at SW corner of Pil'rim and Lancaster Lanes.) 4r. Marsh Eversen,>Nrepresienting Montessori Schools, questioned-" the reasons why the new ordinance states that only persons re- siding within art%apartment complex -Haight attend such a school. Mr; Eversen alm" 1ndfcated ito, would not be economically feasible to opera to - a Montessori Schoo V i n this apartment L,cane 1 ex if they' were limited W,dnly eesidents,'of the apartment, MOIION was made by Councilman ilei l s, seconded by Councilman Hunt, to amend proposed resolution, thangin,g Condition #Y to read as fol- lows: 1 ' 2) That ,' the '' enrollment be limited to a maximum of, fifty students and adding a fourth condition: 4) That 01,e Conditional\\Use Permit be granted, recogni ii ng that the Petitioner is proceeding at his own risk for any cost of altering the premises for this function 1 should the permit not be\ renewed at the end of one year. IJ, Motion carried on amendment, five ayes. MOTION was i ade by Councilman Seibold\ seconded by Councilman Neils, to tab1R this project until Staff can Ncearch problems more thoroughly. Motion carried,,on a kola Cali vote, five ayes. MOTION was made by Mayor Hilde, seconded by Councilman Seibold, direcuing the Staff to work closely with Mr, Eversen and develop for the Council, and possibly for the Planning Commission. further ordinance amendment recommendations that would consider schools of this type and how they relate to present ordinance, Motion carried, five ayes. 1 ' Petitioner, liorthwestern Bell Telephone Company, has i,4.quesied a subdivision variance of land owned in Section 1S inti: two parcels, The Staff and P1 aniti ng Commission recommend apprgva1, with certain conditions, MOTION was made by Councilman Spaeth, seconded by Councilman Seybold, to adopt RESOLUTION NO. 73-475, A RESOLUTION WAIVING THE REQUIREMENT OF SECTION 4626368 SUBDIVISION 44 MtNN,,STATUTES e 0 NW BELL TELEPHONE CO. CENTRAL TELEPHONE OFFICE, FACILITY -DIVISION OF ONPLATTED PROPERTY I tem. 5ft I 0 i I Regular Council Meeting Decemberl7, 1913 Page Five AND SECTION 9,a,2 OF CHAPTER VII OF, THE VILLAGE CODE RELATIVE TO CONVEYANCES BY METES AND BOUNDS OF PARCELS OF -LAND CON- TAINING LESS THAN FIVE ACRES. Motior carried cn a Roll Call vote four ayes, Councilman Hunt-, voti no ; r,ay, E INION was made by Councilma Spaeth. "seconded by Councilman Seibold, to adopt RESO' UTION\ 0./ 73-476, A RESOLUTION NOT TO, FILE COPIES OF RESOLUTION NO 1,13475 WITH THE COUNTY UNTIL FIVE CONDITIONS ARE MET. Three f the above conditions involved right .of way along Ferrbrook La' oe for street and uti 1 i ty ' purposes, along' the south side of the Northwestern Bell Parcel A. and furthdr right of way ' quir ments for Parcel' B. It was indicated there is a ,probi,op in requiring dedi - cation of a 27 -foot right }pf way aloin Rockford Road, how, ever Northwester: Bell, ` ad ;indicated thei r agreement to grant - i ng required right of w'6iy from their s i ted, MOTION was made by Counci lthan Hunt, seconded`,by ,Councilman Neils, to emenJ Condition 1#3 to read as fvllow:: 3) That street right of way requirements along County R,oed 4 be dedicated as 27' of ri gh t of way totalling 60' from center l ,w\af County Road 9, for Parc 1 S, Motion failed, four nays, Councilman Hunt:., Toting aye,, MOTION wa3 made by Counci loan Neils, seconded by Councilman Hunt, that resolution be amended to provide that dedication f right of way along South prourrty l;r,, be required to the extent of 30'except except for tie first 23' East cf Fernbrook, where it shall be 25% Motior failed, four nays, Councilman Neils voting aye. RESOLUI' ON-! NO. -734476 Motion to adopt Resolution No, 73-4766 carried on a Roll Call ' vote, three ayes, Councilmen Hunt and Neils voting nay, MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, that this particular area, of Guide Plan be considered for review along Ali th County Pir.ad 9 and I0 intersection because it has now changed from criginal intent. Motion failed, three nays, Councilmen Spaeth and Hunt voting aye. Petitioner is requesting renewal of home occupation Conditional LORFVINE H. BEAM Use Permit to operate,a dog grooming service in her residence Cr.NDITIONAL USE PEMIT at 11624 Highway 55, Planning Commission has recommended approval,TO OPERAT>' A DOG uROOMING SERVICE HOME MOTION was made by Councilman Spaeth, ser.onded by Councilman OCCUPATION Seibold to adopt RESOLUTION NO, 73-4770 A RESOLUTION GRANTING Item 5-D A CONDITIONAL USE PERMIT RENEWAL FOR A PERIOD OF ONE Yf:AR TO OPERATE A DOG GRbJMING SERVICE HOME OCCUPATION IN RESIDENCE, RESOLUTION N0, 73477 MOYI,Oh was made by Councilman Soihold, se(:onded by Councilman Nei'i :, to amend Resolution by addition of Condition.: Re,gul ae toun i 1 Meeti nc Docember 17, ,,11973, Page Six` f i i 1) That no advertising si gns be allowed on property. t tto)n to amend. carried,, ,five ayeso, Motion to adopt Resolution NO '7 r-477, carried on a Roll Call vote, five ages. 1 fj 11 1 \0,eti ti one has requested that this item be withdrawn -from the agenda Petitioner, Raldon Daniels has requested Site Plan approval for an addi-tib ,;to his building located at 3425 County Road 18 and -a Conditional Use Permit to operate a sporting goods store. Planning Commi,ssior., recommends approval subject to certai n condi ti ors . MOTION was made by Councilman Hunt, secorOed by Councilman Nails, to adopt RESOLUTION N0, 734786 A RESOLUTION APPROVING SITE PLAN FOR A BUILDING ADDITION AND A CONDITIONACUSE PERMIT TO OPERATE A SPORTING GOODS STORE. MOT ION was made by Councilman Neils, seconded by I:ounci lman, Hunt.;° Zo amend Condition #2: 2) That a landscaping plan for the yard areas bpi submitted for Staff approval and a performance bone+ be posted with a completion date. Motion carried, four ayes. Councilman Seibold voting hay, Motion to adopt ReW.utia No. 73478, as amended, carried on a Roll Call vote, three ayes, Councilmen Seibold and Noils voting nay% U I I 1 GRAYBQWoiDANILS. SITE PLAN REVIEW -OF A STORAGE BLDG. IN AN iI-1 DISTRICT/ Item 5-F i RALDON DANIELS -,SITE PLAN REVIEW OF BLf. ADDITION lD CONDfTIONAL - USE PERMIT( I tem 5'•H RESOLU_T 1010 -t -NO. 73478 f MOTION was made by Co!jncilman Neils, seconded by Councilman PROPOSED 1074 CIP Hunt, that the Staff be)directed to summarise the type of Item 54 assessment fornoula and method of finAncing that they would intend to prepare for each of the eleven named projects and provide it simultaneously with the preliminary report, Motion carried five ayes. MOTION was made by Councilman Hunt, seconded by Councilmau RESOLUTION NO. 73479 Neils, to adopt RESOLUTION No. 73479, A RESOLUTION REFERrING TO THE VILLAGE ENGINEER FOR STUDY PROMSED IMPROVEMERT TC 34th AVENUE BETWtEN KILMER LANE AND PILGRIM LANE BY THE CO -4- srRUCTION OP A i"ITON BITUMINOUS STREET WITH CONCRETE CLIAB AND GUTT%. Motion tarries on a Roll Call vote, five ayes, 1 1 0 I Regul ar . Counci 1 fte'i ng ' Dec kber 17, 1973 Page,Seven MOTION was made":j Councilman Hunt, seconded'by Councilman RESOLUTION NO. 773 480Neils, to adopt RESOLUTION N0. 73480, A RFSOLUITON REFERRING TO THE ''VILLAGE ENGINEER FOR STUDY, PROPOSED IMPRIVEMENT,TO 36th AVENUC (SOUTH SIDE OF S7REETOP COUNTi ROAD 18 AND PILGRIM LANE BY THE C'O:!STRUCTION OF CONCRETE SIOL'ALK AND ALL NECESSARY, APPURTENANCES. Motion carried on a Ro'l Call vote, five ayes, MOTION was made by :Counci l;.an Hunt, seconded by,``` Co nci lman 4SOIUTION NO. 73-481 Seibold, to adopt RESOLUTION N0. 73-481,,A RESOLUTION RE- FERRING TO CONSULTING ENGINEER BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, FOR STUDY PROPOSED IMPROQMENT TO EXT ND A PORTION OF THE NORTHEAST SANITARY SEWER INTERCEPTOR, Motion carried, on a Rol 1, Cal 1, vote, four ayes, Counci lman Spaeth E yoti nr` na 1 i I0a was made f)y Councilman Hunt, sect -%!-iii by Counci lr,gn RESO'_UTION NO. 73-482 Seibold, to Pdor;' "SOLUTION N0. 73482; i,RESOLUTION RE, FERRInG "J COkSI;,TING ENGINtER BONESTR806 ROSENE, ANDER'k.VK i 6 ASSOry %TES, Fdk\,StUDY THE PETITION REQUESTING IMPROVEMi Vii. OF NA 4LAVE BrTWEEN 49th AVENUE AND F , t AVENUE; 49th AVENji BtTWUN NATHAN LANE AND COUNTY PTsr, 18; 51st AVENUE CLr.,ELN NATHAN LANE AND COUNTY ROAD 18.3Y THE INSTALLATION OF SAi4ITARY SEWER, WATER MAIN, 9 TCM BITUMINOUS STREETS WITH COP!- CkiTE CURE AND,GOTTER, STORM SEWER AS REQUIRED FOR STREET, CONSTRUCTION AND ALL NECESSA*! APPURTENANCES. Motion carried on a Roll''Call vote,, four ayes, Councilman'-Sp'aeth voting nay. NOTION was ma p -by Councilman hunt, seconded by Councilman RESOLUTION NO. 73483 Seibold, to aabpt RESOLUTION IVO. 73483 A RESOLUTION REFERRING TO CONSULTING ENGINEER BWE".JR006 ROSENC, ANDERLIK 8 ASSOCIATES, FOR STUDY PROPOSED IMPROVEMENT TO EXTEND THE VILLAGE TRUNK WATER DISTRIBUTION SYSTEM BY THE CONSTRUCTION OF WATER TRUNK MAIN. Motion carried on a Roll call -rote, four ayes, Councilman ri SpLath voting nay. MOTION was'made by Councilman Hunt, seconded by Councilman RESOLUTION N0, 73484 Seibold, to adept RESOLUTION N0, 73-4846 A RESOLUTION REFERRING '— TO CONSULTING ENGINEER BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, FOR STUDY PROPOSED IMPROVEMENT TO NATHAN LANE BETWEEN 10th AVE- NUE BY THE CONSTRUCTION OF A 9 TON BITUMINOUS STREET WITH CONCRETE CURB AND GUTTER, STORM SEWER FACILITIES, AND ALL NECES- SARY APPURTENANCES, Motion carried on a Roll Call vote, four] ayes, Councilman Spaeth voting nay. / - MOTION was made by Councilman Hunt, seconded by Councilman RE_ SOLUTION NO,, -73-485 Seibold, to adapt RESOLUTION NO, 73485% A RESOLUTION REFEFZ RING TO CON;;ULYING ENGINEER BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, FOR STUDY PROPOSED IMPROVEMENT TO 10th AVENUE/ ETWEEN NATHAN LANE AND COUNTY ROAD 10 jY THE CONSTRUCIZtON OF A 9 TON BITUMINOUS STREET WITH CONCRETE CURB AND GU790 STORM SEINER FACIOTIES A140 NECESSARY APPURTENANCES Mation carried on a Roll Call vote, four ayes, Councilman Spaeth voting nay% I f 0 Regular Counci fi Meedg,' Decembero17, 1973 1 Page' Ei aft TION was, made by) Councilman' Hunt, ,s,econded'I%y Councilman. Seibold,' to adopt RESOLUT, QN NO. 73-486, A RESUl.UTION REFORING) 5`170 CONSULTING ENGINEER BONESTR006 ROSENE, ANDERL11,19.ASSOEIATFS, FOR STUDY PROPOSED IMPROVEMENT TO 25th AVENUE BETKEN MAGNO'Llr1 l N,E SAND APPROXIMATELY 1150 FEE1 HEST THEREOF BY 0HE CONSTAUCTI(Isi OF BITUMINOUS S'TkEET AND NECESSARY APPURTENANCES. Motion carried on a Roll Call vote, four ayes,'Ceuncilman Spaeth voting nay. MOTION was made, by ,Counci lmar Hunt seconded by, Counci Iman` Seibold, to adopt'RESO_LUTION N1. 73-4871 A RcsOLUTION REFERRING TO CONSULTING ENGINEER BONESTRW ROSENE;'ANJERLIK 8 ASSOCIATES, FOR STUDY PROPOSED IMrROVtMMr\1.NORM ORAiNAGE OI S I M I BC -42 AS SHOWN IN THE STORM DRAINAGE LAN_ F0.6,1 PLYMOUTH ,'M'I NESOTA. Motion,,carried on a R111 Ct i l vote, ,v ou,r ayes, Ccwn; iman Spaeth voting nay: - r MOTION wbs wide"by Councilman Seibold, secondE d by v oll!lci}lman Hunt, to a%Iopt RESOLUTION, N0. 73488. A RESOLD, ON E`F-I GNA- ING ENGINEERINGFIRM OF BONESTR00, ROSENE, ANDERLIK AND 14?SOCIATES, AS' VILLAGE CONSULTING ENGINEER FOR AN IRON REM IVAL,'1"RFATMENT PLANT AND'ANCILORY IMPROVEMENTS AS REQUIRED, '; it MOTION was made. by Riyor Hilde, seconded by Councilm.1 Seibold, to amend proposed Rescl uti on by adding to 1 as t 'parag, aph : i l RESOLUT IONAO ,, , 73-486 i w RESOLUTION N0, 73-48.7, Al) I", RESOLU ,ION N0.\]'388 1 amount of storage, etc„, and make recommendations to tOe Council as to, these matters by January 7, 19711.” Motion carried, four ayes, Councilman Spaeth vt,ting nay., Motion to adopt Resolution No. 73488, as amended, carried on a Roll Call vote, four ayes, Councilman Spaeth voting nay. Consulting Zngi ne r Boi,,)s troo fe i t that they have already been in- volved in many of the above projects, and therefore, it was possible to have all preliminary reports prepared by the., first of February and r aJy for public hearing; with the exception of the Iron Removal Treatment Plant, As reports are fini3hed, they will be referred for Council action. If public hearings are held in February and early part of March, they would have final plans ready for bid by first of May, if so ordered. Staff has been directed to obtain traffic inpact study on Vicksburg Lane between County Road 6 and County Road 156 and they have received a stuzi' proposal from Barto::-Ashman Agency regarding such a study, wnich would cost c roximately 12500, but would over only Vicksburg Lane and would not look at 101, Fernbrook, County Road 73, etc. Mayor Hilde summarized the general reasons why a study shoWd be done: 1) Must realize this is a permanent decision and must k)i w width and type of road we want before we commit any funds; ) Know that, we have asked State to widen 101 and upgrade it, and this is a variable at this gime; and 3) Fernbrook is shown as thoroughfare cin Guide Plan and many people wonder what would happen if we le?ve Vicksburg as it nog is, I 11 VICKSBURG LANE 0 0 I 11 VICKSBURG LANE 0 0 I Regular Council Meeti ng' , ' December Page Nine J MOTION was made by Councilman Hunt, seconded by Councilman Neils, that we proceed With the bal, nce of the items in the up -dated preliminary r°aN;r: ind that we lea- a traffi c impact study 1 n abeyance unti 1, we receive rest of informa ion from Staff and make decision at that time whether -or not we need. Motion ca'r ried, four ayes, Mayor Hilde abstaining. ' REPORTS OF OFFICERS,_ BOARDS AND COMMITTEES After the Council met with the Wayzata School Board to discuss the Joint Agreement, Dr. Snyder)indicated'that the School Board has approved the Agreement as of December 10, with the delki,on of one clause in the first paragraph, therefore Manager,,Wi 1 l„1 s it recommend ng' that the Council adopt resol u - tion authorizing the Mayor and Manager to execute this Agreement. MOTION was made by Councilman Neils, secondel by Councilman Seibold, to adopt RESOLUTION'N0. 73-485, A RESOLUTION AUTHORIY-` ING AND DIRECTING THE MAYOR AND MANAGER OF VILLAGE OF PLYMOUTH TO EXECKE THE JOINT AND COOPERATIVE AGREEMENT FOR RECREATIONAL. FACILITIES WITH 0DEPENDENT SCHOOL DISTRICT #284, Motion carried on a Roll Call vote, five ayes, , Mr, Charles Walton, representing Walton Ford, was present at the Council meeting to make a plea that contractors be al- lowed''to proceed with building of Ford agency in Bass Lake Plaza. Resolution No. 73-408, approved October 15, 1973, approved a Conditional Use Permit for the Establishment of a Ford Dealership for new and used car sale; and a Site Plan Approval subject to certain conditions. The Staff was authorized to proceed to issue a building permit for footing cons ruction up to grade after they had reviewed building plans and were satisfied, The footings have been put in, but through a misunderstanding, the contractors proceeded with the construction of the walls of the building. They have been ordered to cease construction, and therefore Mr. Walton was attempting to obtain a waiver of some type to proceed with the construction as he has a problem both with his mortgage company and the Ford Company regarding a com- pletion date of March 1. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, that the Staff be directed to proceed to develop the figures that would be required for bonding to cover the development contract and that Mr. Astleford be provided those ffjures so that he can post a letter of credit as required, and upon completign of that, that the Staff be authorized to allow the continued construction of the building via letter which states that he is proceeding at his own risk and that the actual building permit not be issued until the final plat has been approved. MOTION was made by Mayor Hi 1 de, sv ionded by Councilman Spaeth, to amend the motion that the form of the letter, of credi t be u J J MOTION was made by Councilman Hunt, seconded by Councilman Neils, that we proceed With the bal, nce of the items in the up -dated preliminary r°aN;r: ind that we lea- a traffi c impact study 1 n abeyance unti 1, we receive rest of informa ion from Staff and make decision at that time whether -or not we need. Motion ca'r ried, four ayes, Mayor Hilde abstaining. ' REPORTS OF OFFICERS,_ BOARDS AND COMMITTEES After the Council met with the Wayzata School Board to discuss the Joint Agreement, Dr. Snyder)indicated'that the School Board has approved the Agreement as of December 10, with the delki,on of one clause in the first paragraph, therefore Manager,,Wi 1 l„1 s it recommend ng' that the Council adopt resol u - tion authorizing the Mayor and Manager to execute this Agreement. MOTION was made by Councilman Neils, secondel by Councilman Seibold, to adopt RESOLUTION'N0. 73-485, A RESOLUTION AUTHORIY-` ING AND DIRECTING THE MAYOR AND MANAGER OF VILLAGE OF PLYMOUTH TO EXECKE THE JOINT AND COOPERATIVE AGREEMENT FOR RECREATIONAL. FACILITIES WITH 0DEPENDENT SCHOOL DISTRICT #284, Motion carried on a Roll Call vote, five ayes, , Mr, Charles Walton, representing Walton Ford, was present at the Council meeting to make a plea that contractors be al- lowed''to proceed with building of Ford agency in Bass Lake Plaza. Resolution No. 73-408, approved October 15, 1973, approved a Conditional Use Permit for the Establishment of a Ford Dealership for new and used car sale; and a Site Plan Approval subject to certain conditions. The Staff was authorized to proceed to issue a building permit for footing cons ruction up to grade after they had reviewed building plans and were satisfied, The footings have been put in, but through a misunderstanding, the contractors proceeded with the construction of the walls of the building. They have been ordered to cease construction, and therefore Mr. Walton was attempting to obtain a waiver of some type to proceed with the construction as he has a problem both with his mortgage company and the Ford Company regarding a com- pletion date of March 1. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, that the Staff be directed to proceed to develop the figures that would be required for bonding to cover the development contract and that Mr. Astleford be provided those ffjures so that he can post a letter of credit as required, and upon completign of that, that the Staff be authorized to allow the continued construction of the building via letter which states that he is proceeding at his own risk and that the actual building permit not be issued until the final plat has been approved. MOTION was made by Mayor Hi 1 de, sv ionded by Councilman Spaeth, to amend the motion that the form of the letter, of credi t be JOINT AND COOPEPATIVE AGREEMENT FOR OCRFA- TIONAL FACILITIES WITH INDEPENDENT SCHOOL DISTRICT #284 Itei 6-A RESOLUTION N0, 73-489 WALTON FORD A M. Go ASTLEFORD (A-449) 0 J JOINT AND COOPEPATIVE AGREEMENT FOR OCRFA- TIONAL FACILITIES WITH INDEPENDENT SCHOOL DISTRICT #284 Itei 6-A RESOLUTION N0, 73-489 WALTON FORD A M. Go ASTLEFORD (A-449) 0 Regul ar ,Counci, l Meeting , December 17, 1.73 - Page Ten approved by thEl i l I age, Attorney as acre table.,.-,,, Motion to, amend, carried, five ayes MOTION' was made by Councilman Nei 1 s, sec nd d' by Councilman Hunt, to further amend the motion tc require performance bonds be posted for the (finaI development work ,.i.e., I noscaping, and the perfor- mance bond to be, posted for plat improv ent be increased in) the amount of 1.3 times the estimates provided on a preliminary basil. Aotion 'carried to amend motion, five es. ktion carried, as amended, four ayes, Councilman, Seibold"voting Mr. Watton was informed that building could not continue until the Staff had received and g'i'ven e11 requi red documents --should be. within next ,few. days. After inspection on November 6', 1973 of the site of an apart- ment project on County Road 6, adjacent to, Oakwood School, indicating that landscaping was completed in accordance with the landscaping plan, Staff rem mends that bond in the amount of $5,000 he released. MOTION was made by Councilman Seibold, seconded by Councilman Neils, to adopt RESOLUTION NO. 73-490, A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO RELEASE OND OF DORN BUILDERS. Motion carried on a Roll Call vote, five ayes. I I , The Parks and Recreation Advisory Commission at their meeting of Decer,:ber 6, 1973, reviewed the specifications for taking bids for construction'of tennis courts (three at Oakwood and three at Ridgemount)., If the Council so desired, it was sug- gested a resolution be apprcved which would approve of the plans and specifications and order the advertisement for bids, MOTION was made by Councilman Hunt, seconded by Ccuncilman Neils, to approve RESOLUTION NO. 73-491, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, such bids to be considered at 10 o'clock 6.i,,. on February 15, 1974. Motion carved on a Roll Call Vote, five ayes. A draft memo has been proposed to send to various chairmen from Mayor Hilde requesting that each of them appoint persons to serve on the Housing Study Advisory Committee. He is re- questing that names be submitted to him by December 28 as he would like to make the Charge, name Chairman, seg up meeting -- all in one document, Village EngiAeer Goldberg has been advised by Jim Olson, Bonestroo, Rosene, AnderW. and Associates, Inc. , that; he has met wi th Hans Hagen of BanCon. and has shown them tl;at 0 V RELEASE OF,PERFORMANCE BONDS - DORN BUILDERS Item 6-B I),, RESOLUTION NO. 73490 TENNIS COURT SPECIFICA- TIONS AND ADVERTISEMENT FOR BIOS Item 6-C 0 RESOLUTION NO. 73-491 HOUSING STUDY/DRAFT MEMO TO CHAIRMEN OF BOARDS AND COMMISSIONS AND COMMIT11E CHARGE Item 6-0 STATUS OF VICKSBURG LANE PROJECT 107 Item 6-E l J 0 V RELEASE OF,PERFORMANCE BONDS - DORN BUILDERS Item 6-B I),, RESOLUTION NO. 73490 TENNIS COURT SPECIFICA- TIONS AND ADVERTISEMENT FOR BIOS Item 6-C 0 RESOLUTION NO. 73-491 HOUSING STUDY/DRAFT MEMO TO CHAIRMEN OF BOARDS AND COMMISSIONS AND COMMIT11E CHARGE Item 6-0 STATUS OF VICKSBURG LANE PROJECT 107 Item 6-E Regular Council Meeting aecembtr;17,.1973 Page Ei%!ven about 95% of, the trees that were removed were on street right- tf-way. Mr. Ol son indicated that he wi 11 be forwardi ng to' the Village a leiter Indicating that BanCon is dropping their claim. Fi nal a ent to Ohe con'ractor fo'r the Vicksbur I ane Street L P Ym ti , , g 4 improvement, Project 107, north of County Road 61 is on the Counci 1 agenda . MOTION was made by Counc-'man Scibold;,seconded by,Councilman Spaeth, to adopt RESOLUTIv,. NQ, 734492, A RESOLUTION AUTHORIZ- ING rd E STAFF TO MAKE PAYMENT ON REQUEST FOR PAYMENT N0,%2 IN THE O',OUNT OF $270019.80 ON PROJECT #301, XENIUM LANE AND 15TH AVENUE TO AMERICAN,CONTRACTING CORPORATION. Motion carried on a Roll Call vote, five ayes, s MOTION was made by Cduncilman Neils, seconded by Couhcilman Hunt, to adopt RESOLUTION NO. 73493, A RESOLUTION AUTHORIZING AND DIRECTING THE VILLAGE TREASURER TO PAY ALEXANDER CONSTRUC- TION COMPANY ON REQUEST FOR PAYMENT NO, 8 AND FINAL' IN THE AMOUNT OF $180159,6 , Motion carried on a Roll Call vote, four ayes, Councilman Seibold voting nay, Mr. Carl Anderson, who owns i 41.37 acre parcel directly west of the West Medicine Lake Park, has requested the Village of Plymouth to consider acquiring his property for park purooses, tie property has been appraised for ;105,000, however the Village Assessor has established the market value of the property at $17,000, The Park Commission does riot feel that the Villa -le should acquire this property, but feels that when the property is proposed for development, park dedi;:ation requirements will be met. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, that this be refarred to Parks 9nd Recreation AO visory Commission for their further comments as to whetner they want to negotiaite further with the owner, "lotion carried, five ayes, After being requested to.alake appointments for the position of Director and Alternate Director to the Suburban Rate Authority, Manager Willis recommends cor, i nuation during 1974 of the 1973 appoi ntments , i . e. , Vi 11 aye Engi neer des ig- nated the Director and the Finance Director the Alternate Director. MOTION was made by %^Aunci lm n Seibold, secioded by Councilman Hunt, to adopt RESOLUTION NO, 73-4946 A RESOLUIION APPOINTING SHERMAN GOLDBERG AS DIRECTOR TO THE SUbJRBAN RATE AUTHORITY ANIS LLOYD RICKER DESIGNATED 1'0 SERVE AS ALTERNATE DIRECTOR FOR THE YEAR 1974, Motion carried on a Roll Call vote, five ayes, APPROVAL OF REQUEST FOR PAYMENT NO, 2-PROJ, 630i'-XENIUM LANE AND 15th AVE. Item 6-F RESOLUTION NO, 73492 REQUEST FOR PAYMENT NO, 8 AND'FINAL - PROD, 107 - VICrSBURG LANE Item 6-G RESOLUTION NO, 73-493 CARL ANDERSON PROPERTY Item '6-H a SUBURBAN RATE AUTHORITY Item F -I RESOLUTION N04 73-494, J 7 APPROVAL OF REQUEST FOR PAYMENT NO, 2-PROJ, 630i'-XENIUM LANE AND 15th AVE. Item 6-F RESOLUTION NO, 73492 REQUEST FOR PAYMENT NO, 8 AND'FINAL - PROD, 107 - VICrSBURG LANE Item 6-G RESOLUTION NO, 73-493 CARL ANDERSON PROPERTY Item '6-H a SUBURBAN RATE AUTHORITY Item F -I RESOLUTION N04 73-494, Re -1ul ar Counci 1 Mr-.iti ng cember 17, IS/3f Page Twelve In reviewing the assessments on property situated on the north- east corner of County Road f, and Fernbrock Lane (Krosk'i n property), it is apparent that the property has been assessed excessive area charges, therefore the Staff recommends a re- duction of a.ses4,me,t, MOTION was made by Councilman Seibold, seconded by Councilman Neils, to adopt RESOLUTION NO, 73-495. A RESOLUTION REDUC X3 FROM $8,803,00 TO $8,400,50,6 AREA TYPE ASSESSMENTS LEVIED ON PLAT 43A27, PARCEL 80009 BY LEVY 5634. Motion -carried on a Rohl Call vote, five ayes. The Director of State Civil Defense has requested local-com- munitles appoint Local Fuel Coordinators in the,eventuality that :hey be required if the fuel crisis reaches critical propo;•tions. Manager Willis recommends the appointment of Caly+n. Hawkinson as Village,-f,Plymouth Fuel Coordinator, MOTION was made by Counci'onap Seibold, seconded by Councilman Hunt, to adopt RESOLUTIO1,140, 73-496, A RESOLUTION APPOINTING CALVIN F, HAWKINSON, PLYMOLITh' VILLAGE CIVIL OEFEIISE DIRECTOR, TO SERK AS THE LOCAL'FbIL COORDINATOR FOR THE VILLAGE OF PLY%UI*H. Motion -carried on a Roll Call vote, fl v: ayes, there was general discussion of an article appearing in the Dece fber 0, 1973 issue of the Minneapolis Star indicating that. lien:,:.pi.n County district Judge Irving Iverson has ruled that communities musti, pay their SAC charges, No official noti- ication Ks beer, received of this action, I After a brief discussion of the proposed Village Compensation Plan, MOTION was made by Councilmen Punt, seconded by Councilman Seibold, to adopt RESOLUTION NO. 73-497, A RESOLUTION ESTABLISHING RATES OF PAY FOR THE PLYMOUTH FIRE DEPAR714ENT COMMENCING JANUARY 1, 1974, Motion carried on it Roll Call vote,, five ayes, It was deci.-ad after further discussion that the Council would like to have a further breakdown and requested Manager Willis to use the sante chart as presented. but to add another column which would have lower minimum and maximum, or to explain why it is higher than 5 or 60, The Council will have a special meeting on December 27, 1973, at 4:00 p.m, at Council Chambers, to discuss further the Village Compensation Plan, The Staff submitted a reports which will he s ensidered by the Planning Commission at their meetin; of December 19, 1973, at wh 1 ch time they will hold a hearing on the pvloposed zoning change, Tice Mangy c Grove Planning Conxni ss i on %rill be holOing a public nc*dring on a revision to their Cawpt\-shensive Plan or, Dere Aber 18, 1973, which i rc'l udes the portion of their Village east of 494 as would be extended to the north and south I 1 SPECIAL ASSESSMENT CORRECTION - Plac 43727, Parcel 8000 Item 6-K RESOLUTION NO, 73-495, APPOINTMENT OF A LOCAL FUEL COORDINATOR item 6-L RESOLUTIONN0 96 SAC SUIT I tem 6-M VILLAGE COMPENSATION PLAN - Item 6-N RESOLUTION NO, 73497 STAFF REPORT RE PROPOSED MAPLEDALL SHOPPING CENTER IN MAPLE GROVE item 8-B 0 L 1 Regular Council, Meeting December 17, 1973 Page Thirteen r of County Road 10. Members of the Council will pian 'to at-tend this Public Hearing in lIaple Grove and supply input. L!CjENSES 8 PERMITS MOTION was Trude by Councilman Neils, seconded by Counci lman- Hunrt, to adopt RESC UTION NO. 73-498, A RESOLUTION APPROVING REIt'ZOAL OF 64SOLINE SERVICE STATION LICENSES FOR THE PERIOD JA" JARY 11 'i 914 THROUGH DECEMBER 31, 1974. Motion carried -on a Poll Call vote, fiveayes. r MOTION was Trade b4^ Councilman Neils, seconded by Coanci loran Aunt, to adopt RESOLUTION NO. 73-499s A RESOLUTION APPROVING Rf :WAL OF CIGARETTE LICENSES FOR THE PERIOD JANUARY 1, 1974 ThR,-UGH DECEMBER 31, 1yi4. Motion carried on a Roll Call vote, five ayes. MIAN E0LlS Attorney Irawz i ndicztwd the Village's position in the c jisc of re4mluur Irnant cf Mr. Sahly, is for moving expenses r.r!; equipment s'rem the Waterfront structure itself. 'ihere would be no other core nsati ;n to Mr. Sahly. Moinager Willis r n °i catod he had recei ped % letter from A pana Corpora ti can regarding . xpansi on plans feel 1974 1'he;a. ai interests.0 in whether or not, !o'i mouth is receativt: to issuing inIu`tr-i . devslopment bonds for a proposed expanslc,r program. It was t ' i general Fr -ling that Plymouth should ecriously •onsider t,is re..op;'. Mr. Willis will Follow through with Alpav,te, ob,.din fr,jr-Vicr details. Meeting waS adjovred by Matt Pude at 12:15 a.m. J 1 GAS STATION LICENSE RENEWALS 1974 - Item 7-A RESOLUTION NO.,73-498 CIGARETTE LICENSE RENEWALS - 1974 - Item 7-B RESOLUTION N0. 73-499 WATERFRONT LETTER Item 8-C ALPANA CORPORATION ine 0+; Vi l l a(ie Ci or 0 r