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HomeMy WebLinkAboutCity Council Minutes 02-04-19741 0, Page 40 MINUTES REGULAR COUNCIL MEETING February 4. 1974 A regular meetpng of the Plymu4th City Council wat' called,tb order by Mayor iii 1 a at 7:30 M,. in the Council Chambers e.f the Pub 1 i c Works Building, x,4900 Twenty-th1 rd Avenue North. Plymouth. on Februarys 4. -1974 PHI SENT: Mayor 'HiIdt, Councilmen Seibold., Neils and Hunt, Manager Willis. Engineer Goidbprg, tanner Over o',ser and Attorney Lefler ABSF,NT: Councilman Spaeth Aospitaltzed) PUBLIC HEARING 9 Petitioner has requested vacationf a :trek located STREET VACATION - within "Parker Lake Gardens". 1id'street befng located CARLSON COMPANY/LITTON south of County Road 6 and west~uf X plum La kie, The COMPANY City and utility companies have no LAres tA n retain- Item 4-A ing this street, Staff recommends aproval of this street vacation. The Public: Hearing was opened at 7:35 P, He John Sebold and Bob Bergquist, reprasenting., the Petitioners, were available at the Public'Hearing for answering any sues tions pertaining to their request, Mr, Warren Johnson, representing Northern States Power Company, was also in attendance at the Public Hearing, but indicated his com- pany had no problems relating to the street vacation, There being no further comments, the Public Hearing was closed at 7:40 P. M, MOTION was made by Ccurcilmen Hunt. seccnded'h Councily - RESOLITI N N0, 7444 man Neils, to adopt RESOLUTION N0, 74-64, A RESOLUTION APPROVING THE VACATION OF A PORTION OF A PU9LIC WAY PLATTED IN PARKER LAKE GARDENS, Motion carried on a Roll Call vote, four ayes, Attorney Lefler suggested that a certified copy of this Resolution be delivered to Carlson Company for their personal filing, MINUTCS MOTION.was made by Councilman Hunt, seconded by Council- SPECIAL MEETING man Neils, fo approve the minutes of the January 28, January 2P,, 1974 1974 Special Meeting. Motion carried, four ayes. Item 5 40 - A" .' ._. t" I I Reegul a'jcpunci l Meettria February' 4, 1974 Page 41 PETITIONS. REQUESTS b COMMUNICATIONS After representatives of Relate appred before the City council on January 21 acquainting the :unci l with the'. various programs undertaken by Relate,Sel, Manager was directed to evaluate`la amount ,of ,partici-patron by Relate with residents in Plymouth in direct relationship to the total program effort and to Orovide to the Cb,ncilo a recommendation with respect to,,poss'i bl a funding, The Manager has met with representatives of Relate, and re om- mends the Council support Relate in 1974 in the amount of 2,000 provided the appropriate agreemenVis executed between: the City and Relate, J M01` ON was made by Councilman Hunt, seconded by Council- man Neils, to adopt RESOLUTION N0,, 74-650 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN RELATE, INC. AND THE CITY OF PLYNOU7H, AND,PROVIDING FINANCIAL SUPPORT TO RELATE IN THE,AAUNT OF $26000 FOR THE YEAR 1974. MOTION was made by Councilmian Seibold, seconded by Council- man Hunt, to amend the agreement t by adding an (h) under Section 2: 2. Relate agrees: h) To supply the Ci*tiy of Plymouth with a copy of the audit of 19Y4 expenditures and budgets. Motion carried, four ayes, MOTION was made by Councilman Neils,, seconded by Council- man Hunt, to amend Resolution No. 7445 by the addition of the following words after "the Mayor and Manager be authorized to execute an agreement": Exhibit A, dated February 4, 1974. Motion to amend, carried, four ayes. Motion to adopt Resolution No. 74-65 as amended, carried on a Ko11 Call vote, four ayes. When attempting to obtain a buildin permit for a pro- posed addition, Peti ti.gner found he w ul d be required to sprinkle the proposed building, th refore he has changed che,shape of the building to provide openings every 50 feet along the addition which will enable the fire department access in case of a fire. This change has not been submitted to the Planning Commission as the petitioner dishes to proceed with construction as soon as possible,`,, but the Staff reconmends approval of the revised site ;,ilan% 41 - p ° a fj RELATE Item 6-A y . RESOLUTION- NO. 7445 \` ° AACRON, INC. • Revised Site Plan, 2705 Cheshire Lane (A-510) Item 6-G I J J l C v Regular Council Meeting , ' I February 4. 1974 Page 42 1 MOTION was made by Counci man Fount. seconded by Council- RESOLUTION N0, 74-66 man Neils, to adopt RESOLUTIONINO.L17446s A RESOLUTION APPROVING REVISED SITE PLAN FOR AN ADDITION TO EXISTING FACILITY AT 2705 CHESHIRE LANE`',SUBJECT 10 CONDITIONS AS LISTED. Motion carried on a) Roll Call vote, four ayes. 0 Carlson Company, Inc. and Litton Systems, Inc.have requested RAILROAD -CROSSING LICENSE/ the City grant a license for a period of fifty years for CARLSON COMPANIES. INC. & rail access across presently platted South Street in the LITTON SYSTEMS, INC. Minneapolis Industrial Park. The City,,Attorney has re,Item 64 viewed the License Agreement and finds it acceptable for the purposes for which it is intended. MOTION was made by Councilman Neils, seconded by Council- RESOLUTION N0. 7447 man Seibold, to adopt RESOLUTION N0, 7447. A RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO EXECUTE ON BEHALF OF THE CITY OF PLYMOUTH A LICENSE FOR A PERIOD OF FIFTY YEARS FOR 'HE CONSTRUCTION AND MAINTENANCE OF SPUR TRACKS ACROSS CITY RIGHT-OF-WAY. Motion carried on a Roll Call vote, four ayes. Petitioner has requested Site Plan Approval for a Nursery Service Center,Building to be located on Niagara Lane between 21st and,23rd Avenues. The Council expressed concern regarding connection to the City water and sani- tary sewer syst,-ms and that the building meet normal archi- tectural and aesthetic standards of permanent structures. The Staff has discussed these concerns with the Minneapolis Park and Recreation Board and the Boerd indicates, their wi l l'i.ngness to connect to City water, however it is esti- mated to cost them betoeen $8.000 and $14.000 to connect to the sanitary sewer system. Mr, Dave DeVoto., represent- ing the pneapolis Park Board, felt this expense was unreasonab since only approximately eight people will be employed 'n the building for a 9 month period of each year, The but,ding is considered temporary, however with landscaping an architecture. should appear to be more of a permanent nate%,. Councilman Hunt exk ssed his feelings that the Minneapolis Park Board should bei treated no differently than others with regard to City Code r uirements regarding sanitary sewer and water connection, and felt the building could be located in a more advantageous loc tion to make connection to sanitary sewer more economical, r, DeVoto indicated the building has been located on the proposed site because that area is not feasible for use as t'\pursery. MOTION was made by Councilm n Neils, seconded by Council- man Hunt to adopt RESOLUTIO\ N0. 74-686 A RESOLUTION APPROVING SITE PLAN SUPIM BY THE MINNEAPOLIS PARK b 42 - MINNEAPOLIS PARK AND RECr'.ATION BOARD - Site Plan Review (A-517) Item 6-D RESOLUTION NO. 7448 A Regular Co Wncil Meeting February 4, 1974 ' Mage 43 , ) i o r u ` RECREATION BOARD FOR THE CONSTiUCTION OF A NURSERY SERVICE CENTER SUBJECT TO THE FACILITY BEING CONNECTED Ttn,CITY WATER AND SEWER AND THAT THE PARK DEI RATION REQUIREMENTS BE MET W1`EN THE PROPERTY IS PLATTED, '' Motion carried, four `,ayes. Petit-oner has requested Site) Plan approval for a main* NW BELL TELEPHONE CQ., - tenancey, vehicl a Stora" ;bui hr i ng to be locatiad on site at Site Plan Review fir the SE corner pf County Rn.aci 61 and County Road) 6. The Proposed Garage (A -386f' Ql anni ng Commtts i on has ''limed this pr oposisl and recom Item 6-E miinds approval, subject to nree conditions. MOT ION was n0de by-, Counci"man S;ibo1d, seconded by Council RESOLUTION NO. 74-69 man Neils, to, adopt, RESOLD ION ,;! ,74-69, A RESOLUTION APPROVING SITE PLAN REQUEST FOR dAMTEHANCE VEHICLE STORAGE BUILDING WITH CONDITION lJ, changed\'es follows: 3 That'a per ormance bond fir landscaping beP // P 9 posted wi tt; a reasonable cwnpletion date estL.blis''ed, and that there`vbe no outside storal\, of materials or waste containers. Motion carried. on a 1/ 11 Call vote, three,is. or (MaalYY Hi l de stepped 'down f imn the table during di scuosi on. ) r, Petitionet has regliested site plan approval for a central NV BELL TELEPHONE CO. - switching equipment facility to bu located NE of Fern- Site Plan Review for brook Lane and Coi!1ky Road 9. Switching Equipment (A-362) MOTION was made 'r, Councilman Neils, seconded by Council- man Seibold, to adopt RESOLUTION NO. 7440, A RESOLUTIGN APPROVING SITE 'ALAN REQUEST FOR A CENTRAL SWITCHING EQUIP- MENT FACILITY VITH CONDITIONS AS LISTED, AND ADDING CONDITION #6 ad #7: 6) .(lgiThat the parking and drives he paved with hard surface rather than grevel . 7j That the u'gdrveloped street right-of-way to the west, find south of the property be graded comp ,tible with site grade and ground cover be restored. i Motion to adopt Resolution No. 7440, with Conditions N6 and 7 al.1ded, carried on i' Roll Call vote, four ayes. r This Change Order provides for .the additional 40 lineal feet !if 18" RCP storm sewer in" lieu of outfall ditch as r(44ues ted by property owner to the Xeni um .ane and 15th,lvenue Improvement, Project -1,301, 43 I t+em 6-F RESOLUTION N0, 7440 CHAVGE ORDER NO% 2 - Project 301 - Xeni um Lane k 15th - Item 6-C I U p MOTION was made 'r, Councilman Neils, seconded by Council- man Seibold, to adopt RESOLUTION NO. 7440, A RESOLUTIGN APPROVING SITE 'ALAN REQUEST FOR A CENTRAL SWITCHING EQUIP- MENT FACILITY VITH CONDITIONS AS LISTED, AND ADDING CONDITION #6 ad #7: 6) .(lgiThat the parking and drives he paved with hard surface rather than grevel . 7j That the u'gdrveloped street right-of-way to the west, find south of the property be graded comp ,tible with site grade and ground cover be restored. i Motion to adopt Resolution No. 7440, with Conditions N6 and 7 al.1ded, carried on i' Roll Call vote, four ayes. r This Change Order provides for .the additional 40 lineal feet !if 18" RCP storm sewer in" lieu of outfall ditch as r(44ues ted by property owner to the Xeni um .ane and 15th,lvenue Improvement, Project -1,301, 43 I t+em 6-F RESOLUTION N0, 7440 CHAVGE ORDER NO% 2 - Project 301 - Xeni um Lane k 15th - Item 6-C I U C) T_ lar Council Meeting Fe ruary 4, 1974` 31 Pe 44 MOTI ,was made by Councilman Seibold, seconded by RESOLUTION NO, 74-11 Counci n Hunt, to adopt RESOLUTION NO, 74-71,;A RESOLD- TION,APP VING CHANGE ORDER N09 2 IN THE AMOUNT O!= $20800 TO IENIUM LANE AND 15TH AVENUE IMPROVEMENT, PROJECT 3010, Motion carp ied on a Roil tall vote., four ayes. J Petitioners have'requet that part of Lot 6 and all of LEONA WE NIELSEN'a RAY' Lot 5,'Block 2 City Vi s be rearranged to fulfill 9, WEDIN Division and sane agreements that have prey Wy been reached be= Consolidation of Platted tween the t m owners, Lots, (A-541) Item 6-H MOTION,was made by'Councilman Hunt, seconded by Council- RESOLUTION N0, 74 -?2 man Neils, to adopt RESOLUTION NO. 74-72, A RESOLUTION` APOROVTNG CONSOLIDATION AND DIYISIONS. MOTION was made by Councilman Neils, seconded ,y Council .& man Hunt, to amend Resolution. No. 74 42, by tiedel, etinq the words, "and that the City Maneg r be authorized to make e - necessary special assessment,correctfans, based upon City policy when the consolidation and divisions are approved by Hennepin County. Motion to amend carried,' four ayeq.>. Motion to adopt Resolution No. 74-72, as amended, carried on a Roll Call vote, four ayes.. REPORTS BY OFFICERS, BOARDS b COMMITTEES The City Manager has negotiated a tentative agreement with LABOR AGREEMENT BETWEEN representatives of Local 49, International Union of Operat• CITY AND LOCAL 49 IUOE ing Engineers representing certain employees of the City Item 7-A of Plymouth, The Union rat` fieri this agreemo:nt last Thursday evening, MOTION was made by Counci lmi,ii Neils. seconded by Counci 1- RESOLUTION NO, 74-73 mar+ Seibold, to adopt RESOLVION N06 74436 A RESOLUTION AUTHORIZING THE MAYOR AHO KLNAGER TO EXECUTE THE THREE YEAR CONTRACT BETWEEN THE CITY OF PLYMOUTH AND LOCAL 49, INTCRNATIONAL UNION OF OPERATING ;:NGINEERS, Plotion carried on a Roll Call vote, four ayes, Mayor Hi1de read a proposed Presolution connending the FIRE DEPARTMENT REPORT lymov th Fire Department %r their tireless efforts in FOR 1973 , protecting the lives End property of our -fine citizens., Item 1-B MOTION was made by Councilman Hunt', seconded by Council- RESOLUTION NO. 7444 man Seitiold, to adopt RESOLUTION NO, 74-74, A RESOLUTION COMMENDING THE PLYMOUTH FIRE QEPARTMENT, Motion carried or a Roll Call vote, four ayes, MOTION was made by Councilmar Seibold, seconded by Council- man Hunt, that a copy of Rpljlut+on No. 74-74 be sent to each volunteer fireman to his hong. Motion carried, four ayes, , 44- Reg!lar,,Couhci 1, Meeti'ng Fearuary Pae' 45 5 > Man'ger' 1111s reported, on some of the veloiis League VARIOUS LEAGUE MEETINGS meg ; i ngs coming ut 1 n the near, future ani requested I tem - C ink ....ati on as td ;those Council members who Noul d be man 5ger hli l l i s and tayor Hi l de attended 4 'meeting recently 3AG, SUIT held in Brooklyn Censer by Ikyd''r Cohen regarding the Item 7-0 current status of the SAC suit., It was the general con- sensuSof ,the communi i1 es. represented that the. Judge's Order"should pe,appetled to the Supreme Court. Mr, Sc)i of fer,, , representi nil , the communities, has brown pre- paring_ the appeal. Thos matter of expenses related to the cost of prosecuting,this suit were discussed, and as of January, 1974 the costs have annunted to over; 25,000. An ,appeal will probably cost an additional 10,000. Plymouth originally committed°31,000 when they executed a Joint Pft*rs Agreement on this lits- gati on in 1972; and it i s now suggested that the Council adopt)a resolution which vc.;uld provide for additional cost'sharing in this matter not to exceed $3,000. MOTION was made by, Counc# 1 man Neils, seconded by Coy lnr11- man Seibold, to adopt RESOLUTION N0, 7445, A RESOLOTION AUTHORIZING THE MAYOR AND MANAGER TO EXECUTE AN P14ENDMENT TO THE'JOINT,DOWERS AGREEMENT TO PROVIDE FOR THE PAYMENT BY THE CITY'OF PLYMOUTH OF LEGAL FEES NOT TO EXCEED $3,000. Motion carried on a Roll Call vote, four ayes. The Staff has been directed to prepare a draft resolution for Countil's review which would support the concept of an elected Metropolitan Council, Since members of the Metropolitan Council are now appointed to their posi- tions by the Governor and not directly accountable to the electorate -for their actions. it is felt members elected by the citizens would bring both accountability and responsiveness to the Council. With the adoption of this Resolution, Mayor Hi l de will write a personal letter to legislators from the Metropolitan area, Chairman of the senate and Nouse Committees on Metropolitan and Urban Affairs expressing Council's concern in this matter, NOTION was made by Mayor Nude, seconaed by Councilman Hunt, to adopt RESOLUTION N0, 74-76, A RESOLUTION URGING THE MEMBERS OF THE STATE LEGISLATURE TO PROMPTLY ADOPT LEGISLATION WHICH WOULD PROVIDE FOR AN ELECTED METROPOLITAN COUNCIL. Motion carried on a R01 Call vote, four ayes. At the direction of the Council at its meeting on January 2i, the Park and Recreation Director has prepared a Manual on Maintaining Ice -Skating Rinks, which is being submitted 45- 0 RESOLUTION NO, 7445 0 ELECTED METROPOLITAN COUNCIL Item 7-r: RESOLUTION N0, 7446 ICE RINK MAINTENANCE PROGRAM - Item 7-F J rj Regular Council Meeting I c ) February 4, li?74 Page 46 in draft form fOr review by Council. It is the intent of the Park and Recreation Department to seek to establish outdoor skating :surfaces as soon as possible in'the winter based upon the,frost,in the ground, Councilman Neils commended the Park Director for taking timely and thorough action in response to the interEst and >> di rection' of the. Counci 1 on this pa rti cu 1 ar ,matter in putting together a good package. At the request of the ounctl, the Staff has prepared, a MSA ACCOUNT statement indicatfi,g the City's MSA, as of December 31, Item 74 1973, is $437,065,08, 0 At the Council meetling of January 8, 1974, the Colrnci l PINE TREE POND requested the Staff to compare the design criteria and Item 7-H cost estimates of the Pine Tree Pond Project from the Bonestroo Report and Hickok Report. The Hickok Report Uses very conservative criteria and the estimated cost is much , higher than Bonestroo's. Councilman Neils has indicated a meeting has been tentatively set for Friday. February 8, at,' 4:30 with Larry Kelly to discuss difference in two report%, The public hearing scheduled for February 28, was too early" unless Plymouth had a chance to reach an understaWing, It " was indicated that Plymouth would publicly oppose this im- provement, even though Plymouth had requested it, if this understanding cannot be reached. Publication of the Public Hearing will be in the Plymouth Sun issue of February 7, in order to meet publication requirements, however, it is pos- sible the public hearing could be cancelled after that date, It was indicated that the Manager, the City Engineer, a repre" sentative from 6onestroo, and the attorney be present at the meeting on Friday, February 8, Also felt it would be to Plymouth's interest if it was possible to obtain similar figures from another Jurisdiction to show clearly what the most accepted engineering practice is for these kinds of things by a larger sampling, The Staff rjresea ed the redrafted proposed Street Assess- ment Policy in accordance with Council's direction at the January 28,; 1974 meeting, 0 i STREET ASSESSMENT Pti. -;Y Item 7-I MOTION was made by Councilman Hunt, seconded by Council- RESOLUTION NO% 74-77 man Seibold, to adopt RESOLUTION NO, 7A•.776 A RESOLUTION ` ADOPTING THE SPECIAL ASSESSMENT POLICY FbR STREET CONSTRUCTION AS CONTAINED IN ENGINEERING MEMO 74-36, DATED FEBRUARY 1, 1941 and to include all assumptions and examples as outlined, Motio i carried on a Roll Call vote, four ayes, 46 - VN Regular February Page 47 Council Meeting 4, 1974 O The City Manager and Planner have met with the Manager and P1'anner of Maple Grove and it'would appear that while they may iave some question as to the ultimate development and planning. they don't feel the rezoning of the land was im- proper at this time, Martin Overhiser has prepared a Progress Report relative to this Mapledale project, dating from November 26. 1973 when Maple Grove Planning Carni ssi on held a public hearing through January 23. 1974 when Maple Grove Planning Commission completed public hearing on revised Comprehensive Plan, At this time. Maple Grove anticipates having one or two study sessions to review the comments made at the public hearings and sometime late February or March they would approve of the plan and submit it to the Metro- politan Council for its review. MOTION was made by Councilman Neils, seconded by Councilman Seibold, that a copy of this Progress Report be forwarded to the Bass Lake Improvement Association and the Northeast Plymouth Property Owners as a record of the information we hale and that we are keeping track of what is going on, Motion carried, four ayes, Discussiun continued regarding the advisability of this re- zoning without proper notification of adjacent communities, particularly since Plymouth had voiced their objections at the Public Hearing, Our concern regarding this project is mainly with utilities and access read; are concerned with alignment of County Road 61 and 10. No further action is necessary at this time, but would not recommend zoning on our land until the utilities have been resolved, The Planning and Community Development Department has pre- pared a draft text of a Summary relative to various plans adopted: Goals, Objectives and Criteria; Thoroughfare Guide Plan; Water Distribution Plan; Comprehensive Sewer Plan; Comprehensive Land Use Guide Plan; and Storm Drainage Plan, They intend to print 5,000 copies of this Summary Report and make available to each household in the community, This has not been prepared to duplicate detailed reports, but more of a booklet the layman can understand in non- technical terms, It was stated that the Goals, Objectives and Criteria could be printed in more complete form in the report, Mayor Hilde also indicated that Council members, Staff and members of various commissions should be given some recognition in the booklet, even though this would entail an up -dating periodscally, The report could be pro- duced se that only certain pages would have to be changed. It was concluded that the Staff should pro... -,led with the report and include the above suggestions, MOTION was made by Councilman Hunt, seconded by Council- man Neils, to adopt RESOLUTION N04 74481 A RESOLUTION APPROVING THE ISSUANCE OF GASOLINE SERVICE STATION LICENSES FOR THE PERIOD JANUARY 1, 1974 THROUGH DECEMBER 31. 1974, Motion carriad on a Roll Call vote, four ayes. 0 MAPLEDALE - PROGRESS REPORT (A7528) Item 7-J REVIEW DRAFT OF COMPREHEN- SIVE PLAN SUMMARY REPORT Item 7-K GASOLINE STATION LICENSE RENEWALS 1974 - Item 8-A RESOLUTION NU, 71'48 REVIEW DRAFT OF COMPREHEN- SIVE PLAN SUMMARY REPORT Item 7-K GASOLINE STATION LICENSE RENEWALS 1974 - Item 8-A RESOLUTION NU, 71'48 Regular Council Meeting,,, F'eb'ruary 4, 1974 Page 48 - j MOTION was made by Councilman Neils, seconded by Council- man Hunt, to adopt RESOLUTION'NO. 74-79, A RESOLUTION APPROVING THE ISSUANCE OF CIGARETTE LICENSE 'RENEWALS FOR THE PERIOD JANUARY 1, 1974 THROUGH DECEMBER 31, 1974. Motion carried on a Roll Call vote, four ayes. MISCELLANEOUS Mayor Hilde indicated he had received a letter from Loren Schiebe, President of the Northwest Metropolitan Chamber of Commerce, indicating the concern of businessmen regard- ing Ordinance No. 74-2, which was adopted by the City Council on January 7, 1974. MOTION was made by Councilman Hunt, seconded by Mayor Hilde, directing the Staff to prepare suitable amendments along lines of concern, and return to Council for review. Motion carried, four ayes. Mayor Hilde encouraged the press to publish articles re- garding the very important date of February 26, 1974, which is the date set for the Precinct Caucuses and to encourage all citizens to attend and make their wishes known. Councilman Seibold expressed concern that citizens attend- iij Council meetin7s were leaving with the feeling that everything is "cut and dried" and are not informational enough to the point that we have a good turn -out for these meetings. It was felt a "happy medium" could be obtained in future Council meetings on this point, Mayor Hi 1 d? adjourned the meeting at 10:15 P. M. 0 48 - CIGARETTE LICENSE RE- NEWALS FOR 1974 - Item 8-B RESOLUTION NO. 74-79 SOLICITORS, PEDDLERS AND TRANSIENT MERCHANTS LICENSING AND REGULATION CAUCUS - February 26 cline colptt City Clerk LJ i