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HomeMy WebLinkAboutCity Council Minutes 01-21-1974Page 20 0 M1NUTES REGULAR 000NC'IL,MEETING January 21, 1974 The regul ar meeti ng of the Plymouth Ci ty Counci l was called to orderlby Acting Mayor' Hunt at 7:30 P. M. i n +the Council Chambers of , the Public Works Qui 1 di ng, 14900 Twenty- :hi rd Avenue North, Plymouth, on Jany ary 21, 1974. PRESENT: ,-\ Acting Mayor Hunt, Councilmen K01s, Seibold and Spaeth; Manage r4tIIis, Planner Overhiser, Engineer Goldberg ar,,d Attorney Lefler I ABSENT: Mayor Hilda l MINUTES MOTION was made by Counci Imam 5liiboId, seconded by Councilman, REGULAR MEETING Neils, to hoprove the minutes, of the Regular Council Meet- January 7, 1974 ing, January 7, 1574. Motipn carried, three ayes, Counci iman , Spaeth abstaining. MOTION was made b, Councilman Neils, seconded by Counci iman ., SPECIAL MEE7ING Spaeth, to appro%4 the minutes of the Special Courici 1 Deet- January B., IVA , ing, January 8, 1974. Motion carried, thr2ee ayes" "Counci Iman Seibold abstaining. 1 PETITIONS, REQUESTS & COMMUNICATIONS A petition has been presented recently, signed ay residents TRAFFIC CONTR'I of the Foor Seasons Area and parent5,of children attending IMPROVEMENTS \, the Pilgrim Elementary) School, ,requesting the it,tallation Pilgrim and 360 Avenue N. of a 4-wiy stop sign,; or stop lights at 36th Avenue and Item 5-A(1) Pilgrim Lane , This i s, a ' T intersection and has an existing stop sign for southbound traffic on Pilgrim Lane. Petitioners would like an additional stop sign installed \ to stop east and westbound traffic on either side of the Pilgrim Lane avid 36th Avenue intersection. The Police De- partment reviewed the situation on January 10 between 7:45 A. M. and 8:15 A. M. During that period of time, 111 cars entered the intersection southbound on"Pilgrim; 83 cars westbound on 36th, heading toward Armstrong High School; and 74 cars eastbound on 36th Avenue. Pedestrian traffic during that time was 47 children. The City Engineer and Manager do not recommend the installation of this additional stop sign as it would tend to stop traffic 24 hours a day, every day of the year, when the main problem is during the crossing of school children before and after school. Options to this problem would be the installation of an overhead mercury vapor lamp, additional pedestrian crossing signs; a permanent solution would be the installation of a semaphore at the intersection to be activated by pedestrians and/or vehicular traffic. 20- J Regular Council Meeting Janua 21, 1974 Page, Mr. Tom Wanous, 4015 Trenton Lang, disagrees with the Manager and Engineer, and felt the installation of stop signs would not inconvenience the motorist, but would have the effect of slowing the traffic and possibly preventing injury, ta'schoal children. Mr, Tom Berg, 3820 Trenton Lane, also disagreed with the recommendation and statpd that regardless of when peak period of pedestrian traffic occurs, traffic flow's much too fast on 36th Avenue and felt it would be a good idea to stop that fast movement; he did, however, favor the installation of the mercury overhead light as the intersection was extremely dark, Kevin Kasel, 3833 Gettysburg Avenue North, who is the Vice -President of the Student Council of Plymouth Jr. High, has talked to students at Plymouth Jr, High, and they are worried about the speed of the traffic, indicating that they sometimes get caught in the middle of the street when they are attempting to cross, with traffic going both directions; also felt that the Sr,, High students driving their cars to the school don't like being stopped by pedestrians and sometimes are "hot rodding" in the area. He favored the installation of" tine stop signs and also the overhead lamp. Mrs. Sandra Fleischer, 4015 Quaker Lane North (a teacher at one of the schools), felt there were numerous advantages to the installation of this stop sign: control speed on 36th Avenue both ways and make it safer for junior high i•udents to cross; children who take swimming lessons during odd hours, having a sater'crossing; the Tiburon area is increasing in number of children; three schools involved in this intersection; and it is not important that no one has been injured or killed at this intersection yet --they want to prevent it now, and felt it was the Council's duty to make this a safe intersection. Representative Bill Clifford, 9400 Northwood Parkway, indicated this was a pretty serious problem and PTA's from Pilgrim Lane and Plymouth Jr. Hign had indicated their concern. Strongly urged the installation of a stop si n on both sides of 36th Avenue North as soon as possible. Councilman Neils has talked to Dr. the installation of this stop sign, at the normal intersection, they will Hood and the school is very much in favor of Indicated that if students can't get across choose a more dangerous means of crossing. MOTION was made by Councilman Spaeth, seconded by Council- man Neils, to adopt RESOLUTION NO. 7440, A RESOLUTION APPROVING THE INSTALLATION OF STOP SIGNS ON 35TH AVENUE NORTH FOR EAST AND WESTBOUND TRAFFIC AT THE INTERSECTION OF PILGRIM LANE, AND FURTHER FOR THE INSTALLATION OF A STREET LIGHT AT THE INTERSECTION OF PILGRIM LANE AND 36TH AVENUE NORTH. Motion carried on a Roll Call vote, four ayes. Staff indicated the stop signs should be installed within a week, but the overhead light cannot be installed until Northern States Power Company can accomplish,) Councilman Neils was requested to follow-up with communica- tions to the schools indicated that we hac attempted to Provide a safe intersection and they should take measures to encoi rage crossing only at that intersection end not have the fanning out to the west. Councilman Neils will also. contact the schools personally. RESOLU'ION N0. 74-40 Regular Council Meeting January 21, 1974 Page 22 J No action was necessary on this item as it was found to 36th Avenue 4 Pioneer be private property and the owners could install their own House (Mission Farms) stop sign. Item 5-Al2) At 'the, time the Council accepted the reconstruction and restoration_ work of the Fox Meadows stom sewer on August F, it would Rat, release bond for the project until such tire as the , developer had reimbursed the City for expenses it had incurred with the project, and also there was a pending lawsuit between Belmar Builders and their paving contractors which affected the bond on deposit with the City. The suit,,has now been resolved and Belmar has agreed to pay the City for the expenses incurred. MOTION was made by Councilman Seibold, Seconded by Council- man Neils, to adopt RESOLUTION NO. 74= 1, A RESOLUTION RELEASING BOND IN THE AMOUNT OF $38,4'8, AND DISBURSEMENT BE MADE TO BITUMINOUS CONSTRUCTION FOR $32,000, CITY OF PLYMOUTH FOk $3,182, AND BELMAR BUILDERS, INC. FOR $36276. Motion carried on a Roll Call vote, four ayes. During the past two years the City has helped finance the atnletic programs of the Hamel Athletic Club, the West Medicine Lake Community Club and the Parker:. Lake Baseball Association for the purposes of supporting programs which are provided by these various organizations for the bene- fit of our residents. The Park Department budget fol- 1974 has included a $350 contribution to Parkers Lake Baseball Association. Attorney Lefler indicated the lease arrange- ment should be kept up-to-date and Manager Willis assured him teat it was. MOTION was made by Councilman Spaeth, seconded by Council- man Seibnld, to adopt RESOLUTION NO, 74-42, A RESOLUTION APPROPRIATING THE SUM OF THREE HUNDRED FIFTY DOLLARS ($350.00) TO ASSIST THE PARKERS LAKE BASEBALL ASSOCIATION IN THE CONDUCT OF ITS RECREATION PROGRAMS BENEFITING PLYMOUTH RESIDENTS FOR THE YEAR 1574. Motion carried on a Roll Call vote, four ayes, ; MOTION was made by Councilman Spaeth, seconded by Council- man Seibold, to adopt RESOLUTION N0, 74436 A RESOLUTION AUTHORIZING THE STA7F TO MAKE PAYMENT ON REQUEST FOR PAY- MENT N0. 3 IN THE AMOUNT OF $38,933.82 TO AMERICAN CON- TRACTING CORPORATION FOR PROJECT 301, XENIUM LANE AND 15TH AVENUE, Motion carried on a Roll Call vote, four ayes. 40 22 - RELEASE OF BOND - BELMAR BUILDERS tem 5-C RESOLUTION N0, 7441 PARKER RZQU ST item 5-D LAKE BASEBALL ASSOC, FOR FUNDS RESOLUTION NO, 74-12 PROJECT 301 XENIUM, LANE AND 15TH AVENUE, 'IEQUEST FOR PAYMENT NO, 3 Item 54 RESOLUTION NO., 74-43 ff f Regular Council Meeting January 21, 1974 Page 23 The Developer has completed t tion in this subdivision an has made the final inspection in conformance with approved fore approval is recommended, he utility and street constr uc- d the City Engineering Department of the work and finds it to be plans and specifications, there - MOTION was made by Councilman Seibold, seconded by Council- man Spaefii, to adopt RESOLUTION NO, 74-44, A RESOLUTION ACCEPTING UTILITY AND STREET CONSTRUCTION FOR THE IMPERIAL HILLS 5TH ADCITION, AND REDUCING THE DEVELOPMENT BOND FROM 132,936 TO $269587 TC REFLECT THE COMPLETED WORK, Motion carried on a Roll Call vote, four ayes, Mayor Hilde wrote a letter to the Counclol indicating his concern over the inconvenience of the skasing public, particularly during the Christmas holidays, due to the poor condition of area ice skating rinks. He indicated that it appears to have been a mix-up between the schools and the City as to the responsible party for the maintenance of the rinks, but also there was a problem with ice main- tenance equipment and the kind of labor arrangement for the maintenance Mork, He desired the Council to consider steps to alleviate the problem for the remainder of this year, and to solve the problem for next year, Mr, Jack L. Strobel, 905 Windemere Curve, indicated that the outdoor rinks were in such poor , , ti ., the first year that the covered ice rir' was could not understand why there was a pt l` cause both Golden Valley and Wayzata h„ skating condition during the holidays, could obtain ice maintenance and proper tion from others who were having good luc his concern this year, anal. He ym, ith be- e ri nE AS fel, e forma'' i it th ice IMPERIAL ADDITION Item 5-F excellent nouth informa- ri nks . MOTI0N was made by Councilman Seibold, seconded Uy Councilman Neils that the Staff be directed to devise a maintenance program for the balance of this year and a program to be implemented during the future skating seasons. Motion carried, four ayes, Petitioner, Herb Mason, nas requested 3reliminary Plat approval for dividing a parcel of approximately 9 acres into 12 single family lots south of County Road 15 between Ranchview Lane and Vicksburg Lane extended, The Planning Commission and Staff have requested denial of this request because in the platting of the property unsafe private access onto County Road 15 should be limited if at all possible and that the de\:loper be encouraged to submit a revised Preliminary Plat which might meat this objective, Mr. Mason and Rick Sathre of McCombs -Knutson Associates, both indicated they had attempted to work Cut a solution to this problem with the Staff and various proposals had been submitted by both petitioner and Staff, There was 23- HILLS 5T4 BOND REDUCTION RESOLUTION NO, 74-44 ICE RINK Item 6-D MAINTENANCE a i HERB MASON - PRELIMINARY PLAT (South of County Road 15 between Ranchview and Vicksburg Lanes (A-525) Item 5-K I= Regular Council Meeting January 21, 1974 Page 24 general discussion regarding pros and cons of access points onto County Raid 15 --use of culdesac, or common driveway between two homes, or turn-arodnds on each piece of pro- perty, and also regarding set -back of lots 8 through 12. MOTION was made by Councilman Spaeth, seconded by Council- man Neils, to adopt RESOLUTION NO. 74-45, A RESOLUTION APPROVING PRELIMINARY PLAT (Exhibit A-525, dated 12/5/73), WITH A 35 FOOT SETBACK FROM FUTURE RANCHVIEW AND A 70 FOOT SETBACK FROM COUNTY ROAD 15 ON LOTS 8 THROUGH 12 and FURTHER THAT RESTRICTIVE COVFNANTS BE INCLUDED THAT THESE LOTS CANNOT BE DIVIDED IN THE FUTURE (Lots 1 through 12). MOTION was made by Councilman Neils, seconded LAy Councilman Spaeth, to amend Resolution No. 74-45, that the Final Plan and Development Contract includ..,% a condition that the driveway access include a combination of joint driveway and turn -around provisions on each of these lots. Motion carried on amendment, four ayes. Motion carried to adopt Resolution No. 74-45, as amended, carried on a Roll Cal vote, four ayes. Since the September 4, 1973 Public Hearing on the Hughes - Johnson Addition Project #304 for sever, water and street improvements, Mr. Johnson has filed with the Staff a proposed final plat and the Staff prepared a proposed development Contract which would have required a 251% down payment by Mr, Johnson with the talanre of the assessments to le spread over a five-year period and be paid off ?t the time a building permit is obtaired for any of ;;he lots, Mr. Johnson objected to the language in the contract and after further review, it is th,s Staff's recommendation that, all property within the Hughes -Proposed Johnson Additinns be treated alike and assessed in a like manner under propocnd Project #304, The contract has therefore beeil redrafted and p%%ovision made for the payment of the wator and sewer a,%ea charges and she park dedication fee, The ',gaff noir recommends approval of Final Plat and Develop - men" ;ontt•act as proposed, MOTION was made by Councilman Seibold, seconded by Council- man Spaeth, to adopt RESOLUTION N0, 74-46, A RESOLUTION APPROV I14G DEVE! OPMENT CONTRACT AND FINAL PLAT FOR ROGER L. JOHNSON': 1ST :ADDITION, Motor, parried on a Roll Call vote, four kles. Petitioner is prcposi ng a building for the 80 acre nursery site which the Minneapolis Park Board is leasing from the City of Minneapolis 1 ocati.d on Ni ayara Lane hptween 21st and 3 -d Avenues. They do not propose to connect to the City water or sewer as this building will he used primarily for storage, however a well and private disl:osnl system would be installed for the employees dtiri ng the growing season of.approxlmately nine months of tht, yoar, At this 24 - i RESOLUTION N0, 74-45 ROGER L. JOHNSON'S IST ADDITION - FINAL PLAT AND DEVELOPMENT CONTRACT (33rd Ave. a Queensland)(A-378) Item 5-J RESOLUTION NO 74-46 MINNEAPOLIS PARK & RECREATION BOARD - SITE PIAN REVIEW FOR PRO- POSED NURSERY CENTER BLDG. (Niagara Lane between 21st & 23rd Ave,) A,#.5'1 t" ) Item 5-K C) Regular Council Meeting January 21, 1974 Page 25 time they are requesting Site ,Plan, Approval for this "ursery Service Center Bui 1 di og, Thd P1 anni ng ommi ssi on has -reviewed this request and recommends approval subject to certain condi- tions, including that special" assessments be resolved,ty Staff and Council. The matter of special assessments has not,been,'' resolved at this tima. but will be discussed with the entire , Workhouse property special assessments at the Council meeting of January 28. , Councilman Neils indizated he did not feel Council should proceed with approvalof this request until there is clari- fication of special assessments, but Attorney Lefler felt Council should reconsider that direction as they have been working with City of ;Minneapolis. It would be a hardship an the Minneapolis 06rk Board to have their building deferred for this reason. fir. Dave DeVoto, representing the Minneapolis Park and Recrea- tion Board, indi cate;I they were a separate entity from the 'City of Minneapolis and h4 could not speak for the City, but that they were leasing the land from the City of Minneapolis, and the City at any time could take this property back. This 1buildingwasindicatedtoberelativelysmall (40, x S2'), wo0 d be used primattii ly for a garage facility and be more or less a temporary investment. Councilman Neils indicated that Council feels ouildings of this type take on a degree of permanence and s6condly, whether industrial or commercial, Cop nci 1 has denied permits for temporary buildings of this nature, This should be a permanent structure. Likewise, they should connect to the available ppbl i c uti 1 i Zi es . He' dr?s not feel we should intake excepti on;t for the City of M nreapolis. Mr. DeVoto indieat4d construction of this building corld take place as soon,as weather permitted. There was a further discussion regarding publjc hook-up to sewer and water and it was indicated on the Map .ttie`aiyadranrage of this at the present time because of the distance to point of hook-up. MUTIbN was made by Councilman Neils, seconded by Councilman Spaeth, that this item be 'deferred for claritlAcation of special assessments and related items by the staff. Motion cark.1ed, four ayes. Mr. Gan Nordby and Mr. Terry Kellogg, co•direc:tors of RELATE, were pres6nt at the meeting to discuss their program and objecti%is in order that the Council might become acquainted with the various ;youth -oriented programs of RELATC and how they affect city residents, and also to understand their desire for financial support from communities in this area. RELATE is a youth -family RELATE Item 5-B 0 Regular Council ;Meeti ny January 2;1 1974 Page 26 V counseling agency in the Lake Minnetonka, Hopkins, Eden Prairie area and for the last three years funding,came from the Governor's Crime Commission. At they expiration_ of three years, this funding ceased,'sand they are now hoping to obtai n \funds through muni ci pal, i ti ps , schools , etc. The City',of Minnetonka has indicated they would," contribute $4506,provided they get support from adjacent communities. They are requesting a contribution of, 2000 from the"City',of Plymouth at this time. ; RELATE works with you,g peopie with problEn (dru4s,, suicide', family) throe gh various means (coW)) ,al i ng individuals, group dis ussion, referral etc. ),, The, work closely with Way to High School (Terry Kellogg spending approxiMatel two days a week at the school)•,, and at pr" sent feel at 50% of their contacts at the high school are -with lymouth residents., MOTION was "made by tl: ouncilman Neils, seconded by Couvnci l . man Spaeth, that the'Monager be directed to evaluate the amount of participation by RELATE with residents of Plymouth in direct rel ati oNthi p to the total effort, and present to the Council at the earliest possible time, a recommendation for funding : ti ci pati on by Plymouth. Motion carried, four ayes. Attorney Lefler indicated that if Plymouth does as- sist RELATE, that we use arrangement so that they can be part of mir law enforcement effort --which lends a validity to the effort, I Petitioner, B. W. and Lea Harris Company, is requesting a Conditional Use Permit for, a, Planned Business Development under the provisions of the PlymoJth Zoning Ordinance and Preliminary Plat Approval under the provisions of the Ply- mouth Subdivision Regulations:., The Planning Commission recommends approval of this ree,,lost; at a later time petitioner will be coming before Council with Final Site Plan for the Ramada Inn, Mr. Harris and Mr. Frank Berg, i)epeesenting the petitioner, presentee their plan to the Coon til ,and indicated tame of the problems they have incurred suer the past trn years. This development plan proposal codsists, at the present time, of the Ramada Inn, a financial center, an office build- ing, a restaurant and a service station, k) B. W. AND,LEO HARRIS C0.- CONDITONAL USE PERMIT AND PRELIMINAF' "LAT REVIEW (NW Corner of I494 and State T, H, 55)(A477 ) Item 5-H Questions were raised by Councilman Seibold regarding the 1 landlocked area to the East and what the feeling was of tho owners of that particular piece 0 property, Councilman Neils was concerned about the further up -grading of the intersection (1-,494 and T,H, 55) by the State HiShway De- partmAnt and felt Council should have a statement in writing from them regarding this subject,, To better evaluate; the 26 l i i l Mr. Harris and Mr. Frank Berg, i)epeesenting the petitioner, presentee their plan to the Coon til ,and indicated tame of the problems they have incurred suer the past trn years. This development plan proposal codsists, at the present time, of the Ramada Inn, a financial center, an office build- ing, a restaurant and a service station, k) B. W. AND,LEO HARRIS C0.- CONDITONAL USE PERMIT AND PRELIMINAF' "LAT REVIEW (NW Corner of I494 and State T, H, 55)(A477 ) Item 5-H Questions were raised by Councilman Seibold regarding the 1 landlocked area to the East and what the feeling was of tho owners of that particular piece 0 property, Councilman Neils was concerned about the further up -grading of the intersection (1-,494 and T,H, 55) by the State HiShway De- partmAnt and felt Council should have a statement in writing from them regarding this subject,, To better evaluate; the 26 Cocl 6Regula Januar 21 t_,1974 Page 2 3,,J prop9sPd JWsolutio1n, which would approve the Conditional Use Permit1,and "Preliminary Plat, Acting Magor Hunt suggested they Step, by ),step discuss"all the conditions listed. Co_ dt;tian 1 -= That, a'50 foot parking setback be maintained along Empire Lane, Fernb0ook lane and 30th Avenue North (Harbor lane extended) for all lots 'fronting on 'these streets, fiou ;i1 ao, , d.Oth this cbrAition and the petitioner indicated e' ad worked-ltihis out in'his plan. Co" di ti__ on 2 -- That the ; Ramada _Inn site plan upon :its „presents- ON to' the Planning Commission be con's tiered fop the fnl l owi ng variances and/or,l condi'ti ons as k, part of its approval: a) That a vdriance of 33 parking spaces on the Ramada Inn 'tite 'be ccasidered but that suf- fi ci ent, area or; thi s s i to be provi ded to satisfy Ordinance requirements, Council agreed to this condition provided,.that future parking space i-, shown on Final Site Plon.' 11 , l (b) That the Rama/# Inn site be expanded by a 15 ft, wide strip on. its north toundary. Council ,agreed to this condi ti oi,t. c) That a 20 ft, variance he Convidered for the Ramada Inn site to allow parkirig Jp to the property line on its north boundary, Council agreed this be a condition of Final Site Plan, d) That a 35 ft, setloack for parking be considered along State T.H. 55 on the Ramada Inn site. This would be a landscaping type of setback, and Council agreed with this condition. Condition ?,-• Councilman Neils rrcmnended that Condition 3 as pro- posed be deleted, but'that Condition 3 read ds follows: 3) That consideration will be given to driveway access for entrance only fr ni the south to W, shown on the Final Sita. Plan. Condition 4 -- 1,4 was agreed that Condition 4 as proposetJ be delkited, but that Condition 4 rad as follows: 4) That preliminary plpt for the balance of the parcel to the north be preitented to provide traffic circu- lation flow and to provide access to adjacent pro- perty to the north and to the east% 27- C I 0 a r d) That a 35 ft, setloack for parking be considered along State T.H. 55 on the Ramada Inn site. This would be a landscaping type of setback, and Council agreed with this condition. Condition ?,-• Councilman Neils rrcmnended that Condition 3 as pro- posed be deleted, but'that Condition 3 read ds follows: 3) That consideration will be given to driveway access for entrance only fr ni the south to W, shown on the Final Sita. Plan. Condition 4 -- 1,4 was agreed that Condition 4 as proposetJ be delkited, but that Condition 4 rad as follows: 4) That preliminary plpt for the balance of the parcel to the north be preitented to provide traffic circu- lation flow and to provide access to adjacent pro- perty to the north and to the east% 27- C I 0 a d) That a 35 ft, setloack for parking be considered along State T.H. 55 on the Ramada Inn site. This would be a landscaping type of setback, and Council agreed with this condition. Condition ?,-• Councilman Neils rrcmnended that Condition 3 as pro- posed be deleted, but'that Condition 3 read ds follows: 3) That consideration will be given to driveway access for entrance only fr ni the south to W, shown on the Final Sita. Plan. Condition 4 -- 1,4 was agreed that Condition 4 as proposetJ be delkited, but that Condition 4 rad as follows: 4) That preliminary plpt for the balance of the parcel to the north be preitented to provide traffic circu- lation flow and to provide access to adjacent pro- perty to the north and to the east% 27- C I 0 Regular LCounci 1 Meeting January ' 21, 1974 Page 28 > ' Condition 5 -- It was recommended that a fifth ,rsondition, be added: 5) That all access drives on the Final Site Plans be subject to the approval of the Planning Staff and the Village Engineer, MOTION was made by Councilman Seibold, seconded by Councilman PESOLUTION NO, 1447 Ne'ls, to adopt RESOLUTION NO, 7447, A RESOLUTION APPROVING 11 CONDITIONAL USE PERMIT FOR A PLANNED BUSINESS DEVELOPMENT BASED UPON A GENERAL DEVELOPMENT PLAN DATED 12/28/73 AND A PRELIMINARY PLAT DATED 12/28/73 SUBJECT TO THE FIVE CONDITIONS a AS STATED ABOVE. i MOTION was made ,by Couwci lman Neils, seconded by Councilman Seibold. to add Condition #6 Condi ti on 6 -- That the 1 ocati on of fire hydrants, fire lanes and landscaping be shown on the Final Site Plan per Ordinance requirements, Motion on the amendment carried, four ayes.: Motion to adopt Resolution No. 74.47, with the six conditions as stated, carried on a Roll Call vote, four ayes, MOTION was made by Councilman Neils, seconded by Councilman Seibold, relative to Condition #6, that the Staff be directed to notify the Highway Department of the preliminary plat for this parcel of land, illustrating the development that is to take place. Motion carried, four ayes, Petitioner, Harlan Peterson, is requesting a sodivision variance of property located at the northwest corner of County Road 10 and 18, This subdivision into two parcels would allow one parcel to contain less than five acres, but this would not interfere with the purposes of the Subdivision Regulations and a refusal would create an un- necessary hardship on the owner, and therefore, the Planning Commission is recommending approval of this request. MOTION was made by Councilman Seibold, seconded by Council- man Neils, to adopt RESOLUTION N0, 74486 A RESOLUTION WAIVING YHE REQUIREMENT OF SECTION 462,358, SUBDIVISION 46 MINNESOTA STATUTES AND SECTION 9102 OF CHAPTER VII OF THE VILLAGE CODE RELATIVE TO CONVEYANCES BY METES AND BOUNDS OF PARCELS CF LAND CONTAINING LESS THAN FIVE ACRES, Motion carried on a Roil Call vote, four ayos. F At the request of Council of the meeting of January 76 the Staff recommends the adoption of an ordinance abolish- ing the Building Codes Advisory Commission, 28 - i HARLAN PETERSON - DIVISIO,N OF UNPLATTED' PROPERTY, NW corner of Co. Rd. 10 8 18)(A-536) Item 5-G 0 RESOLUTION NO, 74_4_8 41, , ORDINANCE TO ABOLISH BUILDING CODES ADVISORY COMMISSION - Item 6•A 7 4 Regular Council Meeting January 21, 1974 Pagl 29 v NOTi CN was made by , Corinci lman Seibold, seconded by Council- ORDINANCE NO, 744 man Neils,, to adopt ORDINANCE NO. 74-4, AN ORDINANCE ABOLISH- ING THE BUILDING CODES ADVISORY COMMISSION AND REPEALING SECTION 5 0, CHAPTER II OF THE CITY, Motion carried on a Roll Call vote, fo%.r ayes. 1 r, The Staff recommends adoption of proposed ordinance which CITY CODE ORDINANCE will cqrrect the present code to make reference to the Item 6-B City of> Plymouth as opposed to the ,Village of Plymouth, t MOTIOIt was, made by Councilman Neils, seconded by Council- ORDINANCE N0. 744 man Spaeth,, to adopt'ORDINANCE NO, 74-31 AN ORDINANCE AMENDING THE',CITY CODE TO CHANGE THE REFERENCE IN SAID CODE FROM `'l ILLAGE 'OF PLYMOUTH,' TO "CITY OF PLYMOUTH." Motion carried' on a Roll Call vete, four ayes. Manager Willis presented a Gaferred Compensation Plan to DEFERRED (COMPENSATION the Council and recommended its approval. TNiis plan, PLAN ' 1 pres2nt d by'the Aetna Variable Annuity life Insurance Item 6-C Company/has had Internal Revenue Service approval for public employees of Hennepin County; the program has also been approved by the State. These approvals indi- cate there is no legal difficulty either to the employer or the employee in entering into these deferred compen- sation rlans, This deferred compensation program would not involve any cost to the City --participating employees J would defer c portion of their compensation, and the benefit to the employee Is that no States or Federal income tax is paid until such time as the employee retia , dies, is disabled, terminates employment or has a sever - financial hardship. Certain department supervisors wcfld be eligible for a different deferred compensation plan International City Management Association), but this' lan has the! versatility of being totally portable and m be utilized elsewhere by the employee. i Mr, Cy Mitchell from Aetna was present to answer f'' rther questions regarding the plan proposed. He indicate that the Average participation of their plan was about 12% of the employees of any one municipality, MOTION was made by Councilman Seibold, seconded by Council- RESOLUTION NO. 74-49 man Hunt, to adopt RESOLUTION NO, 7449, A RESOLUTION ADOPTING THE PLAN ENTITLED "HENNEPIN COUNTY COOPERATIVE PURCHASING PROGRAM DEFERRED COMPENSATION PLAN". Motion carried on a Roll Call vote, three ayes, Councilman Neils abstaining. MOTION was made by Councilman Neils, seconded 5y Councilman RESOLUTION NO. 74450 Seibold, to'edopt RESOLUTION NO., 74-50, A RESOLUTION AUTHORIZ- ING THE PERSONS OI;,UPYING THE POSITIONS OF CITY ENGINEER, FINANCE DIRECTOR, DIRECTOR OF PLANNING AND COMMUNITY DEVELOP- MENT AND POLICE CHIEF TO PARTICIPATE IN THE INTERNATIONAL CITY 29- 0 L Regular WWI Meed nq, January 21, 1974 Page 30 l MANAGEMENT'AtSOCIATiON RETIREMENT CORPORATION DEFERRED COMPENSATION' PROGRAM. Notion carried on a Roll Call vote, four ayes. I The Ci Courici,l , 'at. City their meeting of January 7, directed , DRAFT, -POLICY AMENDMENT the Staff to r word"t4e policy resolution regarding Park REGARDING PARK DEDICATION Dedication in such a way that the Park Dedication be made REQUIREMENTS FOR COMMERCIAL ct the time pf site plan approval. This has been accom- AND INDUSTRIAL DEVELOPMENTS pl i shed by revising PoI itcy Reso Roti on No,, 73-243, paragraph Item, 6-E ; 3. MOTION was made by Councilman Neils, seconded by Councilman RESOLUTION N0. 7441 Seibold., to adopt RESOLUTION NO. 74-519 A.RESOLUTION AMEND- ING RESOLUTION N0, 73-;243 TO REQUIRE PARK DEDICATION AT THE TIME THE PROPERTY IS DEVELOPED AND.SITE PLAN APPROVED. Motion carried on a Roll Call Grote, four ares. i 1 NOTION was made by Councilman Seibold, seconded'by Council- SK0% EASEMENTS AT NE man Neils, to adopt RESOLUTION NO. 74-52, A RESOLUTION CORNER aF FERNBROCK LANE ACCEPTING ICE SKATING EASEMENTS OVER CERT'IN PARCELS ON AND CO, RD, 9 6 '1AGABOND , WHICH THE CITY IS PRESENTLY MAINTAINING AN ICE SKATING POND BETWEEN 211h and 29th AREA. Motion carried on a Roll Call vote, Tour ayes. AVENUE - Item 6-F RES_ OL,UTtON NO,, 7442 .. Auncil directed the,Staff on January 7 to ..prepare a CSAR 61 ALIGNMENT resolution relative to petitioning Hennepin County to Itm 6-G provide for a center line survey of the uncompleted por- tion, of CSAR 61. MOTION was made by Councilman Seibold, seconded by Council- RESOLUTION NO.' 4-19 man Neils, to adopt RESOLU71ON N0. 74436 A RESOLUTION TO THE HENNEPIN COUNTY BOARD )%MIORIZING THE HENNEPIN)COUNTY HIGHWAY DEPARTMENT TO PROCEED WITH ESTABLISHING THE CENTER LINE ALIGNMENT SURVEY FOR THE UNCOMPLETED PORTIONS OF CSAH 61 FROM THE SOUTH LIMITS OF THE CITE OF 04YMOUTS TO THE NORTH LIMITS OF THE CITY OF PLYMOUTH. Motion carried on a Roll Cell vote, four ayes. MOTION was made by Councilman Neils, seconded by Councilman Soaeth, directing that the Manager prepare a letter of trans- mittal clarifying that it has been the policy of Plymouth Council to require r.c.w, dedication when land is subdivided for development; that many lands along the proximate align- ment are now +tctive, and r.o.w, cannot be acquired by this respponsible and economic policy under indeterminate align - men Motion carried, 30- r.j 9 9 Regular Cou ci 1:.1 January 21, 1 974 Page 31 ting As . part of the Vaderal Water Pot luti on , Control Act Amendment' of 1972 adopted October 16, 1972, the.,following statement is now applicable to the Metro Sewer, Board: "No grant will be approved after March 1, 1971 unless the applicant adopts a system -of , charges to insure that ea4h recd pient of water treatment services within, the applicant' s,,J risdictide pays its proportionate share of the costs of any water treatment services provided by the applicant," Therefore, since- Ply- mouth di;scharyes into the Metro Sewer -Boerd`,,s system, we are obligated, to meet this trequirront along wiah all other com- munities by January 1, 1974. It has been dete(mined that certain changes will have to be initiated to hring our rates into conformity with MSB policies. At'the present time the Staff is looking for direction from Council to cane back ifi th ordinances at the next meeting regarding, the required rates. MOTION was made by Councilman Seibold, seconded by f.oanc,lman Spaeth, directing tie Staff to draw up appropriate wtdinances relative to water and sewer rates as outlined in the engineer's memo. Motion carries:, three ayes, Councilman; Neils voting ayfA Meeting was adjourned at 1.1:45 P. M. by acting Mayor Hunt. N 0 31 " UTILITY USER CHARGES' 1, Item 6-H 4140• NadiR7C@Ktts. City Clerk a 1 U 1 As . part of the Vaderal Water Pot luti on , Control Act Amendment' of 1972 adopted October 16, 1972, the.,following statement is now applicable to the Metro Sewer, Board: "No grant will be approved after March 1, 1971 unless the applicant adopts a system -of , charges to insure that ea4h recd pient of water treatment services within, the applicant' s,,J risdictide pays its proportionate share of the costs of any water treatment services provided by the applicant," Therefore, since- Ply- mouth di;scharyes into the Metro Sewer -Boerd`,,s system, we are obligated, to meet this trequirront along wiah all other com- munities by January 1, 1974. It has been dete(mined that certain changes will have to be initiated to hring our rates into conformity with MSB policies. At'the present time the Staff is looking for direction from Council to cane back ifi th ordinances at the next meeting regarding, the required rates. MOTION was made by Councilman Seibold, seconded by f.oanc,lman Spaeth, directing tie Staff to draw up appropriate wtdinances relative to water and sewer rates as outlined in the engineer's memo. Motion carries:, three ayes, Councilman; Neils voting ayfA Meeting was adjourned at 1.1:45 P. M. by acting Mayor Hunt. N 0 31 " UTILITY USER CHARGES' 1, Item 6-H 4140• NadiR7C@Ktts. City Clerk 9 a 1 1 9