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Home My WebLink AboutCity Council Minutes 03-04-1974Page 69 r 1 u r / 1 MINUTES 1 REGULAR COUNCIL'KEETING March 491974 A regular meting of the Plymouth City Coun;il was called to order by Mayor Hiide` at 7:35 Pb No in the Council Chambers of the Public Works Building, 14900;Twenty- thi rd Avenue North, Plymouth, on March 4,,' 19740 0 PRESENT: Mayor` Hi l de, Councilmenlmen Nei l s , Hunt and Spaeth, Manager Willis, Planner i0e se , Eng neer Goldberg and Attorney Lefler ABSENT: Councilman Seibold (on vacaticn) MINUTES MOTION was made by Councii::an Spaeth, beconded by Council- SPECIAL MEETING man Neils, to approve the minutes of the February 25, 1974 February 25, 1974 Special Council meeting, with the addition of an Item N10 Item 4 on Page 67, which will read as fol lows : 10) (Page 41) - Item c - Non-residential uses be reduced from the 15% proposed. Motion carried, four ayes. PETITIONS. REQUESTS 6 COMMUNICATIONS Petitioner is requesting a Conditional Use Permit to ROBERT E% OSTMAN - operate a small tool making shop in a portion of his double CONDITIONAL USE PERMIT FOR garage at 4825 Vicksburg Lane. This would be issued for SMALL TOOLMAKING SHOP IN a period of one/y.ar and if found to be objectionable, GARAGE the Staff would then recommend that the Conditional Use Item SaD Permit not be renewed. MOTION was made by Councilman Spaeth, seconded by Council- RESOLUTION NO% 74406 man Hurt, to adopt RESOLUTION Nn. 74406, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION CF A SMALL TOOL MAKING SHOP FOR A PERIOD OF ONE. YEAR, SUBJECT TO CERTAIN CONDITIONS, Notion carried on a Roll Call vote, four ayes. Petitioner. Bel Mar Builders, is requesting Preliminary BEL MAR BUILDERS, INC. Plat Approval for Bel Mar's Industrial Park for property PRELIMINARY PLAT APPROVAL located north of County Road 6 between Fernbrook lane Item 5-G t and.Intirstate Highway 494, It was suggested at the Planning Commission meeting that 21st Avenue could be 69 - oU C Regular Council Meeti ;g March 4, 1974 Page 70 moved to the south line before finrl plat and development contract approval. if the landowners reach a defi n1 to agreement as to the street relocation. -Ton Bergquist, of Mccombs 4nutson, representing Bel Mar, felt that Condition 02 should be.chdinged as they did not wish to construct:the north -south street at this time. MOTION was made by Councilman Spaeth, seconded by Counc,A- man Neils, to adopt RESOLUTION NO, 74-1070 A RESOLUTION, APPROVING PRELIMINARY PLAT FOR BEL MAR INDUSTRIAL PARD DATED JANUARY 23, 19749 WITH CONDITIONS AS STATED, 'Motion carried on a Roll Call vote, four ayes, sort teas; been prepared by a? •• n, AnderlikA _.troo. Rose and k%sociates. Inc. regarding the extension of the North- east Interceptor north of County Road 9. This report i*- views the extension of sanitary sewer, the alignment of Nathan Lane and the enlargement of Lift Station No. 3. and construction of a force main to 36th Avenue. Estimated total cost of these improvements will be $339.970.00. MOTION was made by Councilman Spaeth, seconded by Council- man Hunt, to adopt RESOLUTION NO. 74408, A RESOLUTION RECEIVING THE PRELIMINARY REPORT ON PROJECT N0,, 461 AT AN ESTIMATEC TOTAL COST OF $339.970.00 AND OhDERING A PUBLIC HEARING TO 9E HELD ON APRIL 1, 1974. Notion carried on a Roil Call vote. four ages. The report prepared by Bonestroo, Rosene. Anderl i k and Associates, Inc. with reference to the construction of streets, sanitary sewer, water main and storm sewer arotind the proposed Northwestern Bell site near 40th Avenue and County Road 18 was reviewed by the Council, Estimated cost of this improvement will be $473,340.00 and will be assessed to abutting property. MOTION was made by Councilman Spaeth, seconded by Council- man Hunt, to adot RESOLUTION N0, 74-109, A RESOLUTION RECEIVING THE PRELIMINARY REPORT ON PROJECT N0, 403 AT AN ESTIMATED TOTAL COST OF $473,340.00 AND ORDERING A PUBLIC HEARING TO BE HELD ON APRIL 1. 1974. Motion carried on a Roll Call vote, four ayes. Mayar Hilde indicated he will be out-of-town*on March 28. 1974, when a public hearingg has been scheduled for the Trunk Water Main. Project 40?. MOTION was made by Councilman Hunt, seconded by Council- man Neils, to adopt RESOLUTION N0, 74-110, A RESOLUTION CHANGING THE DATE OF THE NORTHEAST TRUNK WATER MAIN IMPROVEMENT PROJECT 402 PUBLIC HEARING FROM MARCH 286 1,974 TO APRIL 1, 1974s Notion carried on a Roll Call votes Ebur ayes, 70 Aftloded 3/11/74 - will be unable to attend RESOLUTION N0. 74407 PROJECT 401 - NE INTERCEPTOR SEVER I tem 5-J RESOLUTION NO. 74408 PROJECT'403 - NW BELL PROPERTY - UTIL'ITY IMPROVEMENTS Item 5-K RESOLUTION NO. 74-109 RE_SOL_UT' ON N0. 74-110 , s 1, PROJECT 401 - NE INTERCEPTOR SEVER I tem 5-J RESOLUTION NO. 74408 PROJECT'403 - NW BELL PROPERTY - UTIL'ITY IMPROVEMENTS Item 5-K RESOLUTION NO. 74-109 RE_SOL_UT' ON N0. 74-110 , s ReguI ar Counci 1 Meeting . March 4;' 1974 o Page 71 Petitioner i s `r' equesti ng a Conditional Use Permit for L INF`OR, INC . - operating a five -station hosphate paint bonding process CONDITIONAL USE PERMIT in a building to be(, lova eev in the SE Quadrant of T,.H. Item 5-E 55 and Vicksburg lane, This is a cleaning process and f paint dipping operation, to clean -,steel tubing and bond paint to it, Linfor, Inc. will be installing a water holding tank. NOTION was made by Councilman Hunt, seconded b_y Counci 1 - mon Neils, to atop: RESOLUTI04 NO. 74-1119 A RESOLUTION APPROVING THE/tONDITIONAL USE PERMIT FOR AN.,ASSEMALY AND PAINT BONDINP PROCESS, SUBJECT TO THE POLLUTION CONTROL AGENCY AND THE METROPOLITAN SEWER BOARD REGULATIONS, Motion carried on a Roll Call vote, four ayes. 7 The Minneapolis.,Park Board is now proposing to locate thei r.//nursery service building 210 -Feet north of 23rd Avenue on the west side o" Niagara ,Lane in order to con- nedt to City water and sewer.,at that point. They are Oequesting Site Plan approval on this revised location, MOTION Was made by Councilman Spaeth, seconded by Council- man Neils, to adopt RESOLUTION N0, 74-112, A RESOLUTION APPROVING SITE,PLAN ON REVISED LOCATION, SUBJECT TO THE FACILITY BEING CONNECTED TO CITY WATER AND SEWER, Motion carried on a Roll Call vote, four ales, Petitioner received Site Plan approval for Sagamore on September 8, 1969 and is now regLesting a revision to that approved site plan, MOTION was made by Councilman' Hunt, seconded by Counci 1 - man Nei 1e . to adopt RESOLUTION 110, 74-1139,A RESOLUTION APPROVING REVISED SITE PLAN DATED DECEMBER 286 1973s SUBJECT TO CONDITION REGARDING LANDSCAPING, Motion carried on a Roll Cb 11 vote. four ayes. Petitioners are requesting the rearrangement of line between Lots 2 a44d 3, Block 1. Somerset Addition, No special assessment adjustments will be required, MOTION was made by Councilman Hunt, seconded by Council- man Spaeth, to adopt RESOLUTION N0, 74-114, A RESOLUTION APPROVING REARRANGEMENT OF LOTS 2 ars! 3. BLOCK 1, SOMERSET, Motion carried on a Roll Call vote, four ayes. Since the City has taken over the ownership of the Parkers Lake Cemetery, it Is necessary to obtain plat approval to fulfill legal requirements, 71- RESOLUTION -NO. 74-111, 0 MINNEAPOLIS PARK & RECREA- TION BOARD - REVISED SITE PLAN Item 5-A RESOLUTION NO. 74-112 QUALITY HOMES, INC, REVISED SITE PLAN Item 5-B RESOLUTION NO, 74-113 JAMES S. FISH AND RICHARD A, BARR - DIVISION AND CONSOLIDATIUN Item 5-C RESOLUTION NO. 74-114 CITY OF PLYMOUTH ARY b FINAL PLAT ;, PRrl,IMIN#, PROAL FOR PARKERS LAKE CEM.!,T RY , ITEM 5-H R 0 p b p o J! • ' v p Regular Council Meeting March 4,, 1974 i' X Page 72 NOTION was made by Councilman Spaeth, seconded by Council- man Neils, to adopt RESOLUTION NO. 74-115, A RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF PARKERS LAKE CEME- TERY LOCATED BETWEEN MINNESOTA LANE AND NIAGARA LANE NORTH OF COUNTY ROAD #6. Motion carried on a Roll Call vote, four ayes. Rcger Fazendin is requesting a setback variance on Lot T, Block 2 Fazendin Park 4th Addition and appealing to the City Council the decision of the Board of Zoning Adjust- ment d just- ment denying the request, The Staff is recommending deny- ing this appeal Ss they felt the house could be turned an additional 13 and maintain the 35 foot setback from 22nd Avenue; also when developer installed the street and utilities on 22nd Avenue, water and sewer stubs were not provided for Lot 1, Block 2, as it appears the developer's engi neer i nter ded to provide stubs when Founta t n Lane is extended south along the east side of Lot 1, Block 2. Mr. Fazendin is now working on a final plat for the balance of his property, and Staff felt if lot is too'small for the propcsed house, it could be replatted with the balance of his property and made larger, Mr. Fazendin appeared at the meeting to personally appeal his case, and indicated that if he twisted his house as sug- gested, the patio would be on the 'ot line and people driving up the road would look at the back of this house, He felt that if families in neighborhood were already in, they would approve of this house as suggested as it will be a large, expensive two-story colonial home, Mayor Hilde indicated that hardsh-ip is one of the reasons the Board of Zoning Adjustment would make a variance, MOTION was made by Councilma; Spaeth, Nei 1s, to adoptRESOLUTION NO. 74-1166 A 6' SETBACK VARIANCE FOR A PROPOSF1 2 FAZENDIN PARK 4TH ADDITION, seconded by Councilman A RESOLUTION APPROVING HOUSE ON LOT 1, BLOCK MOTION was made by Mayor Hilde, seconded ,l Councilman Hunt, to amend Resolution No. 74-116, by adding that Council was approving the variance for aesthetic reasons and a valuable be,,refit to the neighborhood, Motion to amend, carried, four ayes. Motion to adopt Resolution No. 74116, as emended, carried on a Roll Call vote, four ayes, A letter has peen received from I, T, Maus, Hussman Into vestment. Company, requesting the City install street ccnstructivn with concrete curb and gutter in the cut - de -sac in Ranchview Manor Addition, The Developer has 72 - RESOLUTION NO. 74.115 ROGER FAZENDIN - APPEAL BOARD OF ZONING ADJUSTMENT DECISION Item 5- I 0 RESOLUTION NO, 74-116 RANCHVIEW MANOR ADDITION Item 5"L 4 Regular Council Meeting March 4, 1974 1 Page 73'' 1, depositbd bond -in the amount of $7,762.50 to cover the cost of r. 4s- c,aktruction. 1 MOTION'wat made by Councilman Spaeth,,,teconded by Council- man Hunt, to adopt RESOLUTION N0. 74-1179 A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT. 1 MOTION was made by Councilman Neils,`seconded by Council- man Spaeth, to amend the resolution by`the addition of #3: i Is 3) That any cost in establishing final street grade be included in the cost of this improve - rent. Motion carried, four ayes. Motion to adopt Resol uti on ' No. 74-117, as amended, carried on a Rill Call vete, four ayes. For information purposes, a letter was reviewed by Council which was received from the Minnesota Highway Department regarding the installation and ;maintenance of the flash- ing lights at the intersection of Highway 55, Highway 101 and Peony .Lane. It is indicated that the City of Plymouth will share in the toss only to 12 1/2S of the construc- tion, but Plymouth agrees to pay the cost of providing the electrical service, power cost and agrees to perform maintenance not provided by the state. MOTION was made by Councilman Neils, seconded by Council- man Spaeth, to adopt RESOLUTION N0, 74-118, A RESOLUTION ACCEPTING IMPROVEMENTS IN WILLOW PONDS ADDITION AND THAT DEVELOPMENT BOND BE REDUCED FROM $128,437.50 TO $0.00. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Hunt, seconded by Council- man Neils, to adopt RESOLUTION NO. 74-119, A RESOLUTION REDUCING BOND N0. 1241441, MEADOW LAWN ESTATES 4TH ADDITION PART A. FROM $570769.19 TO $20,362.17. Motion carried on a Roll Call vote four ayes. Since 'the corner of 13th and Harbor Lane is a I' -inter- section and the right clearance on one leg is obstructed with bushes and a steep street grade, it is recommended that a stop sign be installed. MOTION was made by Councilmai Hunt, seconded by Council- man Neils, to adopt RESOLUTION NO. 74-120b A RESOLUTION ORDERING THE INSTALLATION OF A STOP SIGN ON 13TH AVENUE 73 Is a 0 RESOLUTION NO. 74-117 FLASHING LIGHTS AT T.H. 101 - PEONY LANE Item 5-M WILLOW PONDS - BOND REDUCTION Item 5-N RESOLUTION NO. 741,,118 MEADOW LAWNS ESTATES 4TH ADDITION - BOND REDUCTION Item 5-0 RESOLUTION NO. 74-119 STOP SIGN INSTALLATION 13TH AND HARBOR LANE Item 5-P RESOLUTION NO. 741.120 it Regular ;ounci t Meeting J March 4', 1974 , Page 74 i SOUTH SEG) AT HARBOR LANE. Motion carried on a Roll Call vote, four ayes. 1 MOTION was made by Councilman Neils, seconded by Council- man Hunt, to adopt RESOLUTION NO. 74-i219 A RESOLUTION AUTHORIZING PAYMENT ON PEQUEST FOR PAYMENT NO. 4 IN THE AMOUNT OF $24,404,58 TO AMERICAN CONTRACTING CORPORATION FOR PROJECT 301. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Neils, seconded 6.y Council= man ounci1- man Hunt, to adopt RESOLUTION NO, 74-122, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT N0, "14 AND FINAL IN THE AMOUNT OF $17,275,50 FOR PROJECT 227, Motion carried on a Roll Call vote, four dyes. MOTION was made by Councilman Neils, seconded by Council- man Hunt, to adopt RESOLUTION NO, 74-123, A RESOLUTION APPROVING CHANGE ORDER N0, 3 IN THE AMOUNT OF $11,45634 TO JEROME BEGIN FOR WEST MEDICINE LAKE STREETS, PROJECT 142. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Neils, seconded by Zounci1- man Hunt, to adopt RESOLUTION NO, 74-124, A RESOLUTION AUTHOnIZING PAYMENT ON REQUEST FOR PAYMENT NO, 9 AND FINAL IN THE AMOUNT OF $36,852.790 TO JEROME BEGIN FOR WEST MEDICINE LAKE STREETS, PROJECT 142. Motion carried on a Roll Call vote, four ayes, MOTION was made by Councilman Neils, seconded by Counci 1 - man Hunt, tb adopt RESOLUTION N0, 74-125, A RESOLUTION APPROVING CHANGE ORDER NO, 3 IN THE AMOUNT OF $2,391.00 TO JEROME BEGIN FOR PARKERS LAKE STREET RESTORATION, PROJECT 018. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Hunt, seconded by Council% man Neils, to adopt RESOLUTION N0., 74-1266 A RESGLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO, 14 AND FINAL IN THE AMOUNT OF $34,869,80, TO JEROME BEGIN FOR PARKERS LAKE STREET RESTORATION, PROJECT 018. Motion carried on a Roll Call vote, four ayes, MOTICN was made by Councilman Neils, seconded by Council- man Hunt, to adopt RESOLUTION NO. 74-1276 A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO, 9 AND FINAL IN THE AMOUNT OF $13,979,81 TO CONTRACTOR BARBAROSSA 8 SONS, INC, FOR EAST ME0IQ NE LAKE PROJECT NO, 123 AND FOR 6TH, 10TH AND COUNTY ROAD 18, PROJECT #134, Motion carried on a atoll Call vote, four ayes, i REQUEST FOR PAYMENT #4 PROJ. 301 Xenium Lane and 15th Avenue I tem 5-Q RESOLUTION NO. 74-121 REQUEST FOR PAYMENT 014 AND ''INAL - PROJ. 227 - Jonquil Lane and 36th Ave, St. - Item C-R RESOLUTION NO. 74-122 CHANGE ORDER NO. 3 - PROJ. 142 - West Medicine Lake Streets - Item 5-S RESOLUTION NO. 74-123 REQUEST FOR PAYMENT A9 AND FIKAL - PROJ. 142 West Medicine lake Streets - Item 5-T RESOLUTION 40, 74-124 CHANGE ORDER N0, 3 - PROJ. 018 - Parkers Lake Street Restoration Item 5-J RESOLUTION NO. 74-125 REQUEST FOR PAYMENT 03 AND FINAL - PROJ. 018 - Parkers Lake Street Restoration - Item 50V RESOLUTION NO.7_ 4 126 REQUEST FOR PAYMENT 09 AND FINAL - PROJ, 123 AND 134 - Item 5-W RESOLUTION NO. 74-127 G m 1 U Regular Council Meeting, March 4, 1974 Page 75 MOTION was made by Councilman Hunt, seconded by Council- man Neils, to adopt RESOLUTION .NO, 74-128, A RESOLUTION APPROVING CHANGE ORDER NO. 6 IN THE AMOUNT OF $1,369,50 TO NORTHDALE CONSTRUCTION FOR 26TH AVENUE NORTH TO 36TH AVENUE SEWER AND WATER,'PROJECT 023, Motion carried on a Roll Call vote, four ayes, MOTION was made by Councilman Neils, seconded by Counci lr man Hunt, to adopt RESOLUTION NO, 74-1299 A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO, 9 AND FINAL IN THE AMOUNT OF $159367,80 NORTHDALE CONSTRUCTION, INC, FOR PROJECT 023, Motion carried on a Roll Call vote, four ayes, Mr, John A, Cairns, attorney for Mr. Gerald Roddy, has submitted a letter requesting refund of the 25% down payment for improvements constructed under Village public improvement projects #115 and #131 for Sunny Acres Third Addition in the amount of $5,305,00. Mr, Roddy indicated that the Staff advised him at the time the down payment was made that it would be refunded to him upon completion of the work and that the entire costs of said improvements would be assessed against the Sunny Acres Third Addition, The special assessment public hearing on these projects is scheduled for April 8, 1974 and the proposed roll will reflect the 25% down payment previously paid by Mr, Roddy, MOTION was made by Councilman Neils, seconded by Council- man Hunt, to deny the request of Mr, Gerald Roddy, Motion carried, four ayes, On January 28, 1974 the Council reviewed the proposed Storm Sewer Assessment Policy and directed the Staff to further study the policy and submit a resolution setting forth guidelines, MOTION was made by Councilman Spaeth, seconded by -Council- man Neils, to adopt RESOLUTION NO, 74-130, A RESOLUTION SETTING GUIDELINES FCR STORM SEWER ASSESSMENT POLICY, Motion r..arri,n on a Roll Gall vote, four byes, The following resolutions set forth costs Ln be ass4+ see and ordering preparation of rolls on particular projects, These have been previously reviewed by Councilmen Spaeth and Neils and Engi Aeer Goldberg, Public Hee ri ng is scheduled for April 8 on these assessment rolls. (Counc-ll- man Hunt stepped down from the table during the discussion on Project #107), 75 - CHANGE ORDER #6 26th Ave, N, to 36th Ave. Sewer and Water - PROJ, 023 - Item 54 RESOLUTIGH NO, 74-128 REQUEST FOR PAYMENT 09 AND FINAL - PROJ. 023 - 26th Ave, N. to 36th Ave. Sewer and Water Item 5-Y RESOLUTION NO, 74-129 SUNNY ACRES ASSESSMENTS Item 5-Z 3RD ADDITION - STOW1 SEWER ASSESSMENT POLICY - Item 64 RESOLJT13N NO, 74-130 ASS,SSMENT ROLLS Item 6w8 ki C J Regular Council Meeting March'4, 1974 Page 76 MOTION was made by Councilman Spaeth, seconded by Council- Project #107 man Neils, to adopt RESOLUTION NO. 74-131, A RESOLUTION RESOLUTfON NO. 74-131 DECLARING ASSESSMENT TO BE $211,198.62 AND ORDERING PRE- PARATION OF PROPOSED ASSESSMENT FOR PROJECT 107. Motion carried on a Roll, Call vote, three ayes. MOTION was made bt Councilman Spaeth, seconded by Council- Projects 115 and 131 man Neils, to adapt RESOLUTION NO. 74-132, A RESOLUTION RE_SOL_U_TION NO, 74-132 DECLARING ASSESSMENT TO BE $28,1466,019 AND ORDERING PRE- PARATION OF PROPOSED ASSESSMENT FOR PROJECTS 115 and 13. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Council- Project #116 man Neils, to adopt RESOLUTION NO, 74-1339 A RESOLUTION RESOLUTION N6. 7744-133 DECLARING ASSESSMENT TO BE $51,281,66 AND ORDERING PREPARA- TION OF FRUPOSED ASsrSSMENT FOR PROJECT 116, Motion carried on a Roll Call voIte, four ayes. MOTION was made by Councilman Neils, seconded by Council- Projects #123, 123401 and man Spaeth, to adopt RESOLUTTON N0, 74-134, A RESOLUTION 103 DECLARING ASS[3SMENT TO BE 5';590801,07 AND ORDERING RESOLUTION NO. 74134 PREPARATION OF PROPOSEC ASSESSMENT FOR PROJECTS NO, 123, 123-001 and 303. Motion carried on a Roll Call vote, four ayes. A M11ION was mane by Councilman Spaeth, seconded by Council- Eroje,:t #134 man Neils, to adopt RESOLUTION NO, 74-135, A RESOLUTION RESOLUTION N0, 74-135 DECLARING ASSESSMENT TO BE $164,448,36 AND ORDERING PRE- PARATION OF PROPOSED ASSESSMENT FOR PROJECT NO, 134, Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth., seconded by Council- ,'roject #142 man Neils, to adopt RESOLUTION NO. 74-136, A RESCLUTION RESOLUTION N0, 74-136 DECLARINa ASSESSMENT TO BE $3241490,92 AND ORDERING PRC-`— PARATION OF PROPOSED ASSESSMENT FOR PROJECT NO, 142, Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Council- Project 0220435 man Neils, to adopt RESOLUTION NO, 74-1371 A RESOLUTION RESOLUTION NO, 74-137 DECLARING ASSESSMENT TO BE $5,675,15 AND ORDERING PREPARA- TION OF PROPOSED ASSESSMENT FOR PROJECT NO. 220-035. Motior. carried on a Roll Call vote, four, a es, MOTION was made by Councilman Spaeth, seconded by Cct.nci 1- Froject #222 mar Nulls, to adopt RESOLUTION NO, 74-138, A RESOLUTION RESOLUTION NO, 74-1138 OECLARINQ AS%-,SMENT TO BE $1846438,69 AND ORDERING —" PREPARAT'ON OF PROPOSED ASSESSMENT FOR PROJECT Nr, 2224 After a 'lengthl discussion on, area or lateral charges, MOTION was made by Counciln:nn Nunt, seconded by Cuuncilman Regular Council Meed ng March 4, 11974 Page 77 Spaeth, directing the Staff to prepare a detailed map for consideration by Councilmen Neils and'Spaeth in regards to the total area that has now been assessed for sewer and the total area that has now been assessed for water and that those that are proposed to be prepared in these assessment rol-l-s that they be defined by the sewer drainage districts as; we call out in our Comprehensive Sewer Plan. Motion carried, four ayes. MOTION was made by)Councilman Hunt, seconded by Council= marr Spaeth, to propose the previous moti or: as an amendment to the proposed Resolution No. 74,7138, Motion to amend, carried, four ayes., . MOTION was made.by Councilman Hunt, seconded by Council- man Spaeth, to amend the Resolution to read that if, in fact, when the laid is developed and no lateral benefit is recEi ved, the developer will receive full credit as per this' assessment roll against the laterals that he will install in his development. Motion rai led, one aye, Mayor Hi 1 de,; Councilmen Neils and Spaeth voting, nary. 1 Motion to adopt Resolution No. 74-138 as amended, carried on a Roll Call vote, three ayes. Councilman Hunt voting nay. MOTION was made by Mayor Hilde, seconded by Council- man Hunt, to direct Staff to further refine our policy that governs th subject of water and sewer lateral assessments so that we have better guidance as to when and in what situ-ations we might want to consider or not consider as a lateral benefit to different types of open land, e.g., open land that is R-0, open land that is zoned, open land that is merely guideda etc. Motion carried, four ayes. MOTION was made by Councilman Neils, seconded by Council- man Hunt, to adopt RESOLUTION NO 7:-1390 A RESOLUTION - DIRECTING THE PREPARATIO4 OF ASSVSMNT ROLL FOR SANITARY SEWER CONNECTION ASSESSMr,.NTS. Mrticn oerled c,n a Roll Call vote, four ayes, Engineer Goldberg reported that it appears that the Hennepin County Highway Department is moving ahead with plans to improve the intersection of County Road 6 and Highway 101 by installation of temporary traffic signals, turning lane and channelization construction and widening of the intersection,, This is an i ntar l oz solution to the problem, and it was s;ta Qe z ti%o that ,tA f return with a recommendation zt°d the (oun.. ; ' opportunity to study the s i to V u -.*,n to Ajj tt,'t`1r a 71t want to go ahee.0 .e.; tit this intern% I Sani tzt-,y' Sewer Connection Assessments RESOLUTION N0, 74-139 t f INTERSECTION IMPROVEMENT Item 6-C 1 Sani tzt-,y' Sewer Connection Assessments RESOLUTION N0, 74-139 t f INTERSECTION IMPROVEMENT Item 6-C 1 Y I Regular Council Meeting March 4, 1974 Page 78 . j J J The Manager presented the annual report of the Plymouth, Police Department. NOTION was made bv'-Councilman Neils, seconded by Councilman Spaeth, that Council accept the annual report of the Police Department. Motion carried, four ayes. The Manager submitted an information report on the status of the SAC lawsuit and submitted a copy'of Judge Iverson's- Fi ndi ngs in the suit. I MOTION was made by Councilman Neils. seconded by Coltnci l - man' Spaeth, that the Staff be directed, t. year the amount of deferred ^liaM^a me -Sewer Board. Motion car_rie tour. gasfb J 1j Mang 3 r Willis reported on the current status of the Minneapolis Workhouse Assessments and indicated that he had appeared before the House Tax Committee speaking on House File 993. The purpose of that bill would be to delete the present language in the statutes which enables cities of the first class to avoid special assess- ments . MOTION was made by Mayor Hilde, seconded by Council- man Neils, to adopt RESOLUTION N0, 74•4406 A RESOLUTION DIRECTED TO THE COUNCIL OF THE CITY OF MINNEAPOLIS EXPRESSING PLYMOUTH COUNCIL'S CONCERN THAT THE w. TTY TAKE STEPS TO PAY ASSESSMENTS, with an amendment that the word "immediately" be inserted in the third paragraph from the end, and the last paragraph to read as follows: Be it further resolved that the Cound 1 of the City of Plymouth wile be pleased to meet with the Minneapolis Cound l and their representa- tives for the purpose of providing additional information as required." Motion parried on a Roll Call vote, four ayes. I I 11 After a series of meetings with representatives of Quality Homes, the Staff has reached an agreement with them on a means of resolving the problem of certain assessments in the Tiburon Addition. MOTION was made by Councilman Spaeth, seconded by Council man Neils, to adopt RESOLUTION N0,, 74-141, A RESOLU 1 ON. APPROVING THE REPORT AND RECOMMENDATIONS OF THE MANAGER AS CONTAINEO,IN HIS REPORT OF MARCH 1, 1974, ,ND THAT THE MANAGER BE DIRECTED TO FORWARD TO THE t 'k"IANCE DIRECTOR OF HENNEPIN COUNTY THE SPECIAL ASSESSMENT ROLL ATTACHED TO HIS REPORT, Motion carried on a Roll Call ;votlit three ayes, Councilman Hunt voting nay$ 1 I) 78 I ANNUAL REPORT- POLICE DEPARTMENT Item 6-D J 7 SAC !,AWSUIT Item 6-E C M114EAPOLIS WOR OUSE 1ASSESSMeNTS Item 6-F RESOLUTION NO. W140 41`1 I 5 QUALITY HOMES - TIBURON - SPECIAL ASSESSMENTS Item 6-G RESO, UTION NO. 74-141 u 1. Regular Council Meeting March 4, 1974 c , Page 79 GCouncilmanHuntsteppeddownfromthetableduringtheLUNDGRENBROTHERSCON - following discussion.)STRUCT 00,C0.-CONDITIONAL 110SE,,PERMIT AND PRELIMINARY e,titionO, Lundgren Brdthhers Construction Company] is PLAT ROYAL FOR, SHILOH requesting approval of the Preliminary Plat and Con- Item 54 ditlonaL Use Permit for Shiloh, a residential subdivision unit project with 1S1_ lots, Tocat,ed north of 25th Avenue North and west of Dunkirk Lane, A Public Hearing was held by`the Planning Commission on February 20, The Planning Commission does recommend approval of the `Preliminary plat, subject to certain conditions, Q MOTION was made by Councilman Spaeth, seconded by Council- man Nems, to adopt the proposed resolution. 1 discussion of,1he conditions continued with the fol l'owi ng results. Condition 1: Remain in Resolution as indicated, Condition 2: MOTION was made by Councilman Neils, seconded by Councilman Spaeth, to eliminate Condition 2 from this reso- lution, Lotion carried, three ayes, Condition 3: Remain 1n Resolution as indicated, ' Condition 4: Remain in Resolution as indicated. Conditinn 5: (a) MOTION 44, made by Councilman Neils, seconded by Councilman Spaeth, that the green strip areas between Blocks 4 and 5 and between Blocks 10 and 11 north of the larger park and pond area be eliminated, including the spurs going east and west, except 30' park strip between Blocks 6 and 16. b) Remain in Resolution as indicated, c) MOTION was made by Councilman Spaeth, seconded by Mayor Hilde, to add , Blocks 1, 2 and 6. Motion carried, three ayes, 6 d) MOTION was made by Mayor Hilde, seconded, by Councilman Neils to add that black top be required only for those trails which connect the ;ark with 27th Avenue and connecting to the Ponderosa and Candle- light Terrace plats, Motion carwled, three ayes, Condition 66 Remain in Resel uti oil as indicated, Condition 7: Remain in Resolution as indicated, 79 - 0 i r Regular Council Meeti n9 March's 4. 1974 Page 80 o Addition of Condi tion ,8: MOTION was made by Councilman Nei ls, ° seconded by Cou"tiloran Spaeth, that park dedication requirements are. to` be resolved at the time of Final, Iat and contract based on the configu ati 2 Of final plat. Notion carried. three \ ayes. Addition of Condition 9: NOTION was nide by Councilman Neils, seconded by Councilman paeth, that the southerly col,de-sac, 28th cul-de- sac. relocated to the north to make the gre, n strip distance available as part of thepark area on the south side of 61ock ll e Notion carried, three ayes`,,. NOTION was made'by Councilman Neil% seconded by CouncilmanSpaeth, that this item be deferred,for action until the next Council meeting and Staff is to re -write the proposed resolutionasindicated, Notion carried, three ayes, Councilmen Hunt returned to the tab 1: a t thi s point.) Planner Overhiser indicated that bids wev opened for the TENNIS COURT eIIk1Stenniscourtson' February 15, 1974, and hey has subml t mbd Item 64 a -tabulation of the bids received. The Coianci 1 has set aside in the Park budget an estimated $40,00 for tennis courts, but the Staff recommends that additional funds be appropriated from the Park Dedication Fund, The Staff is also recommending approval of a Supplementary AgreementNo, 1 (Oakwood-Ridgemount tennis courts) which las been prepared by the Joint Recreation Committee. MOTION was made by Councilman Neils, sieconded by r.ouncil- RESOLUTION N0, 74-142manHattoadoptRESOLUTIONMn74142 AUTHORIZING THE MAYOR AND CLERK TO ENTERaINTGECONTRMT WITH H, 0. MIKKELSON COMPANY FCR THE CONSTRUCTION OF\THREE TENNIS COURTS AND A REBOUND AREA AT OAKWOOD ELEMENTARY SCHOOL AND THREE TENNIS COURTS AND A REBOUND AREA AT RIDGEMOUN'T JUNIOR HIGH SCHOOL. Motion carried on a Rolle. Call votes four ayes, MOTION was made by Councilman Spaeth, seconded by Council- man Neill;, to adopt RESOLUTION NO, 74-143, A RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO EXECUTE THE SUP°LE- MENTARY AGREEMENT N0. 1 WITH INDEPENDENT SCHOOL DISIKICT 284. Motion carried on a Roll Call vote, four ayes. n RESOLUTION NO, 74-143 i n o Regular \ ci l Meeti ng J J March 4, 19 t' e Page 81 ° MISCELLANEOUS C ' Manager Mi I l i's rep47ted on recent bills introduced in the OPPJStTION OF LEGISLATION ; State Legislature w1 1ch icoald provide for substantial de 1 rye: i n the receipt of tax distributions from the County. ° MOTION was ;rade by Councilman Neils, seconded by Council- RESOLUTION NO..14-144 man Hunt, to adopt RESOLUTION N0. 74444. A RESOLUTION INDICATING THAT PLYMOUTH CITY COUNCIL STRENUOUSLY OPPOSES HOUSE FILE W4 AND,SENATE FILE 3303, ANO REQUESTING THE MAYOR TO WRITE LETTERS REGARDINGTHIS. lhtion carried, four ayes. Meeting was ad journed o by Mayor Hi 1 de et 1 T 50" A. , M. City Clerk r 1l P 81- a 0 u D