HomeMy WebLinkAboutCity Council Minutes 03-11-1974 SpecialPage 82
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NINUT-ES
SPECIAL COUNCIL MEETING
i'h rFn 11, 1974
A special, meeting of the Plymouth City ---Council was cal led to order by Moyor,
Hilde at 7:35 Pe N. in the Council Chambers of the Public Works Building,
14900' Twenty-thi ryd Avenue North , Plymouth, on March 11, 1974.
PRESENT:Seibold, Hunt and Spaeth, ManagerMayorHilde, Councilmen veils, ,_
Willis, Planner Overh i seir, Engineer, Goldberg and Attorney Drawz,
ABSENT: None
PUBLIC HEARINGS
The Mayor introduced the public hearings, explaining, the
purpose of the hearings and the procedures involved.
Manager Willis indicated that notices had been published
in the Plymouth Sun as required by law and that written
notice haxi been mai 1 ed to each property owner inr the
improvement area as shown by the records of the Hennepin
County Auditor's tax statement mailing list. The Manager
also briefly described the assessment policies and procedures.
Jim Olson, Consulting Engineer from Bonestrou, Rosene, PROJECT 307 - Radisson
Anderlik and Associates, Inc, explained this improvement Inn Frontage Road
consists of three basic parts primarily the construction Item 4-A
of street service drive alongg Highway 55 and extension
of proposed 24th Avenue. Incidkntal to that work was water
main construction and, storm sewer construction. Improvement
of the Radisson Inn Frontage,Road will be between Annapolis
Lane and Xenlum Lane and 24th Avenue North between Zinnia
Lane and Xeni um,, lane y the construction of sanitary sewer,
water main, storm sewer, o ton street construction with
concrete curb and gutter, Estimated cost of this project
is $236,060.00 (see attached Exhibit A).
The Public Hearing was opened at 8:00 P. M.
Robert Berkwit:, Attorney for Carlson Properties, appeared
representing Carlson Properties, Inc. and advised that
this improvement was the solution required. No access can
be within 1000 feet of an interchange, therefore it was
necessary to close the access at Annapolis Lane,
Gary Freund, property owner of parcel that lies adjacent
to Xenium, agrees that a frontage road -1s necessary, but
did not understand the necessity of extending 24th Avenue.
He would like to go on record as proposing that the im-
provement proceed with the frontage road, but would oppose
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the extension of 24th Avenue over to Xenium.
there were any specific policies determined
as far as the assessments are concerned..
Also asked if
zoncerning improvements
Mr. C. I. D111mann. representing Murphy Oil Company, indicated
they had purchased their property some years ago for purpose
of putting in a service station, and found out that sewer
was'a problem. They were not aware of the fact that parcels
of less than five acres had; to be approved by the Village
before they could be subdivided, and -now find themselves
in a'positlon°of having a piece of partitioned property and
paying taxes on both sections. It was indicated he would
be assessed on both sections just as they are paying taxes
on both. 'This would be considered as one parcel until it
is legally subdivided. They thought that development in this
area would warrant putting in a service station.
Public Hearing was closed at 8:15 P. NO
MOTION was made by Councilman Seibold, seconded by Council-
man Neils, to adopt RESOLUTION NO. 74-145, A -RESOLUTION
ORDERING PROJECT N0, 307 AND DIRECTING PREPARATION OF THE
FINAL PLANS AND SPECIFICATIONS.
MOTION was made 'y Councilman Hunt, seconded by Mayor
Hilde, to amend the proposed resolution indicating that
the final plans and specifications be detsigned around
Alternate #2 storm sewer, but at the same time the Staff
should work with Murphy 011 Company as to the possibility
of going directly across their property, using Alternate
1, and comparing the costs of the two alternates. Motion
to amend carried, four ayes, Councilman Neils voting nay.
Motion to adopt Resolution No. 74-145, as amended, carried
on a Roll Call vote, five ayes.
Jim Olson reviewed this improvement and indicated it would
consist of a 9 ton, industrial type street, 44 feet wide
with concrete curb and gutter. Storm sewers will also be
constructed at this time. Estimated cost of this project
is $91 MO.00 (see attached Exhibit B),
Public Hearing opened at 8:30 Pb M.
Del Swenumson, representing CdNW Trans. Company, indicated
he was preparing a report of this public hearing for his
company, and asked questions regarding assessments, benefited
property, how costs are spvvad through the assessment roll
and also wanted to know when and where the Public Hearing
was publicized, also if area was toned industrial, commercial
or residential,
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RESOLUTION NO. 74-145
PROJECT 404
13th Avenue
Ite.m 4-B
Nathan Lane
to 10th Avenue
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MOTION was made by Mayor Hilde, seconded by Councilman
Seibold, di recti ng the Staff to consider a special policy
which would alleviate the hardship that the residents
would have under the existing policy and come back to
Council with some points prior to the assessment hearing,
Motion carried, five ayes. Councilman Seibold suggested
the possibilitythat as long as we have residences in
that area, can they be assessed as !residential now and
defer any additional assessment for industrial until a
future sale:
MOTION was made by Councilman Hunt, seconded by Mayor
Hilde, that the Staff be directed that during the con-
struction period make a special effort to hold the dust
down as much as possible with sprinkling. Motion carried,
five eves.
Jim Olson explained that this would be an improvement of
10th Avenue between Nathan Lane and County Road 18 by the
construction of a 9 -ton bituminous street with concrete
curb and gutter, storm sewer facilities and necessAry
appurtenances. Estimated cost of this project would be
44,795.00 (see attached Exhibit C).
Public Hearing opened at 8:50 P, M.
Mr,, Palmer J. Kvalness, 9700 % 10th Avenue North (Gro Corp.),
indicated he was in favor of the project and was depending
upon 1t being a heavy industrial road.
PROJECT 405 10th
Avenue County Road 18 to
Nathan Lane
Item 4-C
Mr. Al Gannet 9721 - 10th, was interested in this project,
but wondered if they were going to be tsses.ed the full amount
of an industrial road or would they pussib b have benefit as
indicated above for residential ares+ in an -industrial zone.
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March 11, 1974
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Mr. Fred Salmon, 9818 10th Avenue North, was concerned
with how much his assessments were going'to be and felt
that homeowners in the area had no need for a 9 -ton roa&
way and should not be assrissed for an industrial type
road, iso was desirous of finding a wary to keep the dust
under -control in the area before and during the construction
of the road. It was indicated to Mr, Salmon the benefit
of i,199 ton road being a goad selling point when he desired
to sell his home.' The assessment policy was explained
to Mr. SAlrrOn regarding his situation, but Also indicated
the city does, not have a practice of maintaining dirt
streets either through oiling or watering.
Public Hearing closed at 8:45 P. N.
MOTION was made by Councilman Neils, seconded by Council- RESOLUTION We 74-146
man Hunt, to adopt RESOLUTION NO. 74446, A RESOLUTICN
ORDERING PROJE%T N0. 404 AND DIRECTING PREPARATION OF THE
FINAL PLANS AND SPECIFICATIONS. Notion tairried on a Roll
Call vote, five ayes.
MOTION was made by Mayor Hilde, seconded by Councilman
Seibold, di recti ng the Staff to consider a special policy
which would alleviate the hardship that the residents
would have under the existing policy and come back to
Council with some points prior to the assessment hearing,
Motion carried, five ayes. Councilman Seibold suggested
the possibilitythat as long as we have residences in
that area, can they be assessed as !residential now and
defer any additional assessment for industrial until a
future sale:
MOTION was made by Councilman Hunt, seconded by Mayor
Hilde, that the Staff be directed that during the con-
struction period make a special effort to hold the dust
down as much as possible with sprinkling. Motion carried,
five eves.
Jim Olson explained that this would be an improvement of
10th Avenue between Nathan Lane and County Road 18 by the
construction of a 9 -ton bituminous street with concrete
curb and gutter, storm sewer facilities and necessAry
appurtenances. Estimated cost of this project would be
44,795.00 (see attached Exhibit C).
Public Hearing opened at 8:50 P, M.
Mr,, Palmer J. Kvalness, 9700 % 10th Avenue North (Gro Corp.),
indicated he was in favor of the project and was depending
upon 1t being a heavy industrial road.
PROJECT 405 10th
Avenue County Road 18 to
Nathan Lane
Item 4-C
Mr. Al Gannet 9721 - 10th, was interested in this project,
but wondered if they were going to be tsses.ed the full amount
of an industrial road or would they pussib b have benefit as
indicated above for residential ares+ in an -industrial zone.
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Public Hearing closed at 8:55 P. M,
MOTION was made by Counciiman Hunt, seconded by Council-
man Neils, to adopt RESOLUTION NO. 74-147, A RESOLUTION
ORDERING PROJECT N0. 40.5 AND DIRECTING PREPARATION OF THE
FINAL PLANS AND SPECIFICATIONS, but to be combined with
Project 404 for bidding purposes. Motion carried on a
Rol 1 Call vote, five ayes.
After a slide projection of the area of this proposed im-
provement by Jim ' Glson, Councilman Spaeth gave background
information regarding how this project has become;necessary
because'of"washing out and flooding. This improvement is
in Storm Drainage District BC -42 and estimated cost is
33,710.00 (sea attached Exhibit 0),
Public Hearing opened at 9:10 P. M,
Mr. Milton Clemons, 12530 - 24th Avenue North, gave an ex-
tensa ve history of the problem in the area dating back to
1941, but indicated no real problem until around 1957. He
also indicated some of the work done privately and by the
Village and its affect on the problem. He also questioned
how the City determined the districts,
Mr. Gene Ri*.ter, 12710 -27th Avenue North, was agreeable to
the improvement and felt the people did need relief from
the problem, but questioned how area to be assessed is
determined, It was indicated that districts will be veri
Pied before assessments are made and it is passible he
would not be in the assessment district.
Mr, Charles 0. Veflin, 12720 -27th Avenue North, was concerned
about the drainage district, but again it was indicated the
districts would be verified before assessing,
Mr. Brooks Bergersen, 12535 -25th Avenue North, was concerned
about his lot; the proposed route of sewer going behind Lot
19 and 20 and cutting across Lot 18. Wondered stout why
this woule be do ie, Mr. Olson indicated this appeared to
be most economical for construction in this area, but would
be reconsidered.
Kr, Floyd Olson, 16521 -28th Avenue North, awns several lots
in the storm sewer area being assessed, was concerned that
just a few years ago $10,000 v s spent for catch basins and
now talking about another asses etment. The Manager indicated
that part of the development contract for Creekwood Heights
Second Addi.ion provided the developer had to pay for culvert
work in the street; this was done because of the permanent
improvements made on 26th a -id Oakwood, At the time the deci-
sion was made, the Council had not developed action on storm
sewer 26th down through lines contemplated today,
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RESOLUTION NO. 74.147
PRt)LCT 406 - Creekwood
Heights Storm Sewer
District
Item 4-0
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Special.Council Meeting
March 1T, 1974''
Page 86
Mr. Jerry Bender.12609-26th Avenui), North, felt that- 1 t
would be better to have a ponding ,larea, and that when
this ,arek was drained the ecology was severly violated.
Vindicated the open ditch shiu l d never have been
a id sI tuati on should never have been permitted to con-
tinue longer than 60 days. If the road level is proper
in grade, the water will drain past his place and
should be permitted to enter the storm surer by Lot 18.
Gary Brust. 12435 - 25th Avenue, is located on Lot V.
and feels the water Is a problem for those in the low,
area,,
Mr.. Kenneth . Gr3'-::1#. 12630 -25th Avenue North, feels should
have pond 'Improvements to get problem solved at this time.
Culvert would be located at Lot 18; generally water is
flowing all the way from the top of the hill.
Mr. Paul Ray. 12430 - 25th Avenue North, lives on Lot #25.
Wordemd if proposed line, as far as drainage pipe is
concerned, if it is not feasible to do in a di fferer:, t
manner. Wondered why storm sewer can't be run on south
side of 26th all the way down to the creek instead of
going through people's yards. Felt more study was neces-
sary.
Mr. Ron Fordahl. 1262044th Avenue North, awns two lots,
16 and #17; said he had dug a ditch to take care of
someone else's water, Wondered what law is regarding
draining water on ntt,er person's property. Attorney
Drawz replied that if somebody did change drainage to
drain on property in unnatural way, you may have cause
for a lawsuit.
Public Hearing closed at 10:10 P. M.
MOTION was made by Councilman Seibold, seconded by Council-
man Neils, tG Adopt RESOLUTION NO. 74-148. A RESOLUTION
ORDERING PROJECT N0, 406 AND DIRECTING PREPARATION OF THE
FINAL PLANS AND SPECIFICATIONS. Motion carried on a Roll
Call vote, five ayes.
Project 407 would bp the improverrt nt of 25th Avenue be-
tween Magri .lia lane and approximately 1150 feet west
thereof by the construction of bituminous street and
necessary appurtenances. Estimated cost of this im-
provement would be $27,020.00 (see attached Exhibit
E.)
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RESOLUTION N0, 74-148
PROJECT 407 - 25th Avenue
Surfacing Magnolia to
Pi nevi ew
Item 5-C
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Specie Conci l Meeti ng
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Page 87
Councilman"Ne11s indicated that in view'of some of the
points brought out in previous public hearing, specific
attentior should be given to the final grade elevations
to this street for drainage to assure that all front yards
can adegvate!% drain to the street,
Public Hearing opened at 10:20 P. M,
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Mr, Brooks Bergersen, 12535-25 Avenue North, asked if the
City was going to keep up this street as well as the gravel
street was maintained. Mayor Hi 1 de explained that the City,
has a policy of how much money is spent on improved roads
vs. unimliroved roads. It was suggested that asphalt be
used on'this hill,
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Mr, Gary Brust, 12435 - 25th Avenue, indicated the maintenance
record for this road'was practically nil. Good gravel was put
on road ,just three years ago, and assessment was paid off last
year, This gravel will not',be wasted. Mr. Brust indicated
he Was opposed to concrete "curb and gutter.
Mr, Bob McClelland, 1250545th Avenue North, asked if there
had been, any consideration given to grading the hill down and
not kavi ng it quite so steep, Jim Olson indicated that it
had been considered but the additional cost to the project was
quite extensive. Mayor Hilde suggested flagging this parti-
cular area on the map regarding salting, snow removal, etc.
Mr, Kenneth Grabow, 12630 -25th Avenue North, indicated there
would be a safety problem involved, At the present time,
elementary students stand and wait for the bus at the bottom
of the hill right 1;1 the intersection of all roads in the
area; if slippery it is extremely hard to stop, If hill is
not cut down, is there any possibility for a cul-de-sac to allow
school bus to come down. There is no turn -around for school
buses, Councilman Hunt thinks a cul-de-sac can be done for
school bus to make a back swing,
Mr. Paul Ray, 12430 -25th Avenue North, would be opposed to
the street improvement:. unless that hill is not going to be
reduced in grade, Otherwise, no one will be able to get up
in the winter time, Only way it is possible to go up the
hill now is because of the gravel, Does not think asphalt
is the answer,
Mr, Dick Longstreet, 12620 -25th Avenue North, is a new resident
in the area and questioned the f'r.sncing of the assessment and
the time element,
Mr, Rod Hillstrom, 1251045th Avenue North, approved of the pro-
ject, with a preference to concrete curb and gutter. Wondered
if th3re was a possibility of an alternate route to this
street so wouldn't have to worry about the hill on 25th, Felt
that esphalt would not solve the problem,
Public Hearing closed at 10:50 P. M.
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MD T ION was made by Councilman Neils, seconded by Council-
man
ounci1-
mmn Hunt,, to adopt RESOLUTION NO. 74-149, A RESOLUTION
ORDERING PROJECT N0,, 40), AND DIRECTING PREPARATION OF
THE FINAL PLANS AND SPECIFICATIONS WITH CONCRETE CURB
AND GUTTER.
MOTION was made by Councilman Spaeth, seconded by Mayor
Hilde, to amend the resolution to investigate further
the trimming down of grade. Motion carried, five ayes.
MOTION was made by Councilman Neils, seconded by Cuuncil-
man Seibold, to amend the -.resolution to give maximum
attention to street grade to assure proper front yard
drainage. Motion carried, five ayes.
Motion to adopt Resolution No. 74-149, as amended,
carried on a Roll Call vote, five ayes.
MOTION was made by Mayor Hilde, seconded by Council-
man Neils, directing thut Staff to study the area where
the school children congregate near the intersection
of 25th and Magnolia with a view towards finding the
safest possible place to catch the school bus away from
the traffic.
MOTION was made by Councilman Seibold, seconded by Council-
man Neils, to amend the previous motion to communicate
with the school district on this problem. Motion to amend,
carried, five ayes. Main motion carried, five ayes.
MOTION was made by Councilman Hunt, seconded by Council-
man Seibold, directing the Staff to research the vacation
of Pineview Lane and give details of contemplating a
turn -around on the end of 25th or a cul-de-sac, Motion
carried, five ayes,
At the City Council meeting of March 4, the Council ap-
proved of bids for tennis courts and a Supplementary
Agreement 01 with District #284. The School Board will
have a meeting on March 11 and it is anticipated they
will consider the Supplementary Agreement #1 at that
time. Attorney for the District, John Holten, has raised
three concerns and the Staff has revised the agreement
to answer the first two concerns --(1) regarding payment
of fees bl: the school district, and (2) giving the District
p 1ority in scheduling of the tennis courts.
The School p imi ni strati on Staff also proposed changi rig the
location if the tennis courts at Oakwood; the low bidder
has no Gu ection to tNe nevited location,
MOTION was made by Councilman Hunt, seconded by Mayor
Hilde, to adopt RESOLUTION NO, 74-150, A RESOLUTION
AUTHORIZING AND DIRECTING TPE MAYOR AND NANAGER TO
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RESOLUTION NO. 74-1,49
TENNIS COURT BIDS ANO
REVISED SUPPLEMENTARY
AGREEMENT #1
Item 7-B
RESOLUTION NO, 74-150
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Page 89
EXECUTE THE REVISED SUPPLEMENTARY AGREEMENT NO,
1 WITH INDEPENDENT SCHOUL'DISTRICY #2849 but chang-
ing the Agreement on Faye Item #2, to read ,as
follows:
2. The city agrees to construct, maintain,
and operate three 13) tennis courts and,
such related appurtenan-es as may be con-
structed at each of the two (2) school
sites and pay for any energy.costs related
to ther use of the tennis cosirts. It i:;
understood that in its operation of ' sai d
tennis courts the City -may charge a fee
to reimburse itself frr any costs incurred
provided that no such fee shall bt charged
against the District for District sponsored
activities during school hours unless a
special agreement is approved by the parties
hereto, setting forth any fees to be charged
to the district.,
and Item #3, to read as follows:
3. The City Park and Recreation Director shall
be responsible for schedulin5 any res'.ricted
use of the tennis courts. The Direct -or shall
give the District first priority in schedul-
ing r,3stricted outdoor uce of the tennis
courts during the rekilar Oakwood and Ridge -
mount school hours September through May),
provided the L'Astricc regiiests such restricted
use at least 10 days prior to its intended use,
Motion carried to adopt Resolution Ro, 74-130, with amended
Agreemc.nt, on a Roll call vote, five ayes,
Councilmar. Spaeth left the meeting at this point.)
Manager Willis reported that Attorney Lefler had pro-
vided him with correspondence concerning a possible
title cloud upon certain lots in the Mapledell Addition,
At the time Dunjcirk Lace was constructed, a portion of
the cost was assessed across the Mapledell plat.. Prior
to that assessment proceeding, an agreement was recorded
i ndi cati nq that a.. ses sments would be made on the lots
for the Dunkirk i;nprovement without benefit of assessment
hearing. This agreement did not have any expiration and
the questior has been raised that it might becon,R an open"
ended approval creating a perpetual cloud on the property
titles. Since the Dunkirk Lane assessments were made
following tli e public improvement, it would appear that
the purpoae of tKe ori girail agrecment has been met,
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NAPLEDELL LOTS -
POSSIBLE TITLE CLOUD
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EXECUTE THE REVISED SUPPLEMENTARY AGREEMENT NO,
1 WITH INDEPENDENT SCHOUL'DISTRICY #2849 but chang-
ing the Agreement on Faye Item #2, to read ,as
follows:
2. The city agrees to construct, maintain,
and operate three 13) tennis courts and,
such related appurtenan-es as may be con-
structed at each of the two (2) school
sites and pay for any energy.costs related
to ther use of the tennis cosirts. It i:;
understood that in its operation of ' sai d
tennis courts the City -may charge a fee
to reimburse itself frr any costs incurred
provided that no such fee shall bt charged
against the District for District sponsored
activities during school hours unless a
special agreement is approved by the parties
hereto, setting forth any fees to be charged
to the district.,
and Item #3, to read as follows:
3. The City Park and Recreation Director shall
be responsible for schedulin5 any res'.ricted
use of the tennis courts. The Direct -or shall
give the District first priority in schedul-
ing r,3stricted outdoor uce of the tennis
courts during the rekilar Oakwood and Ridge -
mount school hours September through May),
provided the L'Astricc regiiests such restricted
use at least 10 days prior to its intended use,
Motion carried to adopt Resolution Ro, 74-130, with amended
Agreemc.nt, on a Roll call vote, five ayes,
Councilmar. Spaeth left the meeting at this point.)
Manager Willis reported that Attorney Lefler had pro-
vided him with correspondence concerning a possible
title cloud upon certain lots in the Mapledell Addition,
At the time Dunjcirk Lace was constructed, a portion of
the cost was assessed across the Mapledell plat.. Prior
to that assessment proceeding, an agreement was recorded
i ndi cati nq that a.. ses sments would be made on the lots
for the Dunkirk i;nprovement without benefit of assessment
hearing. This agreement did not have any expiration and
the questior has been raised that it might becon,R an open"
ended approval creating a perpetual cloud on the property
titles. Since the Dunkirk Lane assessments were made
following tli e public improvement, it would appear that
the purpoae of tKe ori girail agrecment has been met,
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NAPLEDELL LOTS -
POSSIBLE TITLE CLOUD
I tem 7-P
Special Council Meeting" o
March 11, 1974
Page 90 ,
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MDTION was made by Mayor Hilde, seconded by Cound l-
man Neils, to direct the Staff, in view of the frct
tnat apparently the black top job from 26th Avenue North
o 24.th was never assessed, to find in the,minutes of
Council meetings, the actions taken which constituted
that project and to bring back to the Council the deci- ,
sion that was made at that time for assessing the' pr6ject
and construct for Council a plan as to whati'we do now.
Notion ,carried, four, ayes. '
MOTION was made by Counci 1'inan Hunt, seconded by Council- MINUTES - REGULAR
man Neils, to approve the minutes of the March 4, 1974 COUNCIL MEETING -
Regular Council Meeting. Mayor Hilde indicated that March 4, 1.974
on Page>70, the minutes should read in the,next to the
last paragraph, that he "will be unable'' tol attend the
meeting of March 28. Notion carried to approve the .
minutes, as amended, three ayes, Councilman Seibold
abstaining, '
Mayor Hilde inaicated that he would be unable to attend APRIL,CALENDAR
th.t meets ng of April 8, but a meeting would be scheduled
for public hearings on that date, in addition to meetings
being scheduled for April 1, 15 and 22, and probably the
29th.
Councilman Hunt stepped down from the Mable during
the following discussion.)
This item was deferred for action from the :::eeting •uf LUNCh^?:E`: ,,ROS. CONSTRU'TION
March 4, and after furthpr dlscvsslotl r9c3arding the CO. - CONW ik* USE
park ded;cation d v CGuncilman Neils, PERMIT AND PRELIMINARY
seconlea by Councilman Seltald, ':7 .,.'q t' Kr,''OLUTION PLAT APPROVAL FOR SHILOH
74-151, A RESOLUTION APPROVING PRELIMINARI PLAT Item 6-B
AND CONDITIONAL USE PERMIT-FOR PROPOSED SHILOH PLAT
AND RESIDENTIAL SUBDIVISION UNIT PROJECT AS SHOWN ON RESOLUTION NO, 74-151
EXHIBIT B DATED 3/11/746 SUBJECT TO LISTED CONDITIONS. [
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MOYION was made by Com- 11r„an Neils, seconded by
Councilman Seibold, to amend the proor.sftA
by the addition of a 6th con!!+11on; -
6) Thot'priiu:4; areptr• lines abutting
puh"i c ytP,*v and trai 1 s big clearly
ih.,mh the use of land-
ze, va+r'•E A' > , t:, 0 nQ 4 and other
M- h i3 a .:"i 1. uw.hC :'.rn . ' ° :, c t+yE u j
CaGurciIman'Hunk veturoed to the table,)
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March 1.11's 1914
7 Page 91_'
Petitioner i's, requesting that the dormitory structure
now bei ng' ebgstructed" for the' Association of Free Lutheran
Congregations ,
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not be required to havean elevator. The
City honing Ordihan.ce requi res _,that elevators be instal l ed
in all three-story apartment buildings. The State Build-
ing Code also requires that<all floors of a b'uilding'be,
access -able to the handicapped, however -the ief State
Building Inspector has indicated that if/the Association
were`to locate some rooms on the first floor they world
not have, to install elevators under the State Building
Code. The,.Staff does not recommend granting this variance
because Iof safety factors of the students occupying this
three-story structure,
MOTION was made by Councilman Neils, seconded by Council-
man Hunts, to adopt RESOLUTION NO, 74-1520 A RESOLUTION
GRANTING iARIANCE TO'ZONING ORDINANCE TO NOT INSTALL
ELEVATORS IN DORMITORY, ON THE BASIS THAT THE OCCUPANCY
DIFFERS IN THAT FROM NORMAL MULTIPLE DWELLINGS AND THAT
REASONABLE SAFETY IS PROVIDED BY MULTIPLE STORY*FOR THAT.
Motion carried on a Roll Call vote, four ayes,,
Following are Resolutions prepared for hearing on April
8, 1374 on proposed assessments for indicated proier+--.
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Councilman Hunt stepped down from the table dur'ng the
discussion and votin. on Project No. 107.)
MOTION was made by Counciinisn Seibold, seconded by Council-
man Neils, to Adopt RESOLUTION NO. 74-153, A RESOLUTION
CALLING FOR,PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL S. 1974, AT 7:30 P. M. IN THE COUNCIL CHAMBERS,
ON PROJECT NO, 1070 VICKSBURG LANE STREET IMPROVEMENT.
Motion carried, on a Roll Call vote, three ayes,
MOTION was made by Councilman Neils, seconded by Council-
man Seibold, to adopt RESOLUTION NO. 74-154, A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSEnSMENT FOR
APRIL 8, 1974s AT 7:30 P. M, IN THE COUNCIL CHAMBERS ON
PROJECT NO, 115 AND 1316 SUNNY ACRES THIRD ADDITION.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilman Seibold, seconded by Council-
man Neils, to adopt RESOLUTION NO, 74-155, A RESOLUTION.
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL S. 1974, AT 7:30 P, M, IN THE COUNCIL CHAMBERS,
ON PROJECT N0, 116, OLIVEOMERRIMAC STORM SEWER, Motion
carried on a Roll Call vote, four ayes.
MOTION was made by Councilman Seibold, seconded by Council-
man Hunt, to adopt RESOLUTION NO. 74-156, A RESOLUTION
CALLING FOR PUBLIC HEARINd ON PROPOSED ASSESSMENT FOR
APRIL 8, 1974s AT 7:30 P, M, IN THE COUNCIL CHAMBERS, ON
PROJECTS N0, 123v 123401 AND 303, EAST MEDICINE LAKE
AREA BETWEEN 26TH AVENUE AND 28TH AVENUE FROM ORLEANS
91 -
ASSOCIATIGN OF FREE
LUTHERAN CHURCHES -
ZONING ORDINANCE
VARIANCE
Item 6-C
1
RESOLUTION NO. 74-152
v
Amended 3%18/74 to read
STAIRWELL"
ASSESSMENT ROLLS
Item 6-A
PROJECT NO, 107
Vicksburg Lane Street
Improvement
RESOLUTION NO. 74-153
I
PROJECT N04 115 end 131
Sunny Acres 3rd Addition
RESOLUTION NO. 74-154
0
PROJECT N0, 116
Olive -Merrimac Storm
Sewer
RESOLUTION NO, 74-155
PROJECTS 123, 123401
and 303 - East Medicine
Lake Area
RESOLUTION NO, 74-156
i
Petitioner i's, requesting that the dormitory structure
now bei ng' ebgstructed" for the' Association of Free Lutheran
Congregations ,
N"
not be required to havean elevator. The
City honing Ordihan.ce requi res _,that elevators be instal l ed
in all three-story apartment buildings. The State Build-
ing Code also requires that<all floors of a b'uilding'be,
access -able to the handicapped, however -the ief State
Building Inspector has indicated that if/the Association
were`to locate some rooms on the first floor they world
not have, to install elevators under the State Building
Code. The,.Staff does not recommend granting this variance
because Iof safety factors of the students occupying this
three-story structure,
MOTION was made by Councilman Neils, seconded by Council-
man Hunts, to adopt RESOLUTION NO, 74-1520 A RESOLUTION
GRANTING iARIANCE TO'ZONING ORDINANCE TO NOT INSTALL
ELEVATORS IN DORMITORY, ON THE BASIS THAT THE OCCUPANCY
DIFFERS IN THAT FROM NORMAL MULTIPLE DWELLINGS AND THAT
REASONABLE SAFETY IS PROVIDED BY MULTIPLE STORY*FOR THAT.
Motion carried on a Roll Call vote, four ayes,,
Following are Resolutions prepared for hearing on April
8, 1374 on proposed assessments for indicated proier+--.
r
Councilman Hunt stepped down from the table dur'ng the
discussion and votin. on Project No. 107.)
MOTION was made by Counciinisn Seibold, seconded by Council-
man Neils, to Adopt RESOLUTION NO. 74-153, A RESOLUTION
CALLING FOR,PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL S. 1974, AT 7:30 P. M. IN THE COUNCIL CHAMBERS,
ON PROJECT NO, 1070 VICKSBURG LANE STREET IMPROVEMENT.
Motion carried, on a Roll Call vote, three ayes,
MOTION was made by Councilman Neils, seconded by Council-
man Seibold, to adopt RESOLUTION NO. 74-154, A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSEnSMENT FOR
APRIL 8, 1974s AT 7:30 P. M, IN THE COUNCIL CHAMBERS ON
PROJECT NO, 115 AND 1316 SUNNY ACRES THIRD ADDITION.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilman Seibold, seconded by Council-
man Neils, to adopt RESOLUTION NO, 74-155, A RESOLUTION.
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL S. 1974, AT 7:30 P, M, IN THE COUNCIL CHAMBERS,
ON PROJECT N0, 116, OLIVEOMERRIMAC STORM SEWER, Motion
carried on a Roll Call vote, four ayes.
MOTION was made by Councilman Seibold, seconded by Council-
man Hunt, to adopt RESOLUTION NO. 74-156, A RESOLUTION
CALLING FOR PUBLIC HEARINd ON PROPOSED ASSESSMENT FOR
APRIL 8, 1974s AT 7:30 P, M, IN THE COUNCIL CHAMBERS, ON
PROJECTS N0, 123v 123401 AND 303, EAST MEDICINE LAKE
AREA BETWEEN 26TH AVENUE AND 28TH AVENUE FROM ORLEANS
91 -
ASSOCIATIGN OF FREE
LUTHERAN CHURCHES -
ZONING ORDINANCE
VARIANCE
Item 6-C
1
RESOLUTION NO. 74-152
v
Amended 3%18/74 to read
STAIRWELL"
ASSESSMENT ROLLS
Item 6-A
PROJECT NO, 107
Vicksburg Lane Street
Improvement
RESOLUTION NO. 74-153
I
PROJECT N04 115 end 131
Sunny Acres 3rd Addition
RESOLUTION NO. 74-154
0
PROJECT N0, 116
Olive -Merrimac Storm
Sewer
RESOLUTION NO, 74-155
PROJECTS 123, 123401
and 303 - East Medicine
Lake Area
RESOLUTION NO, 74-156
0
0
I
Special Council Meeting
March 11, 1974
Page 92
J
LANE"TO COUNTY ROAD 18 AND 28TH AVENUE NORTH BETWEEN
APPROXIMATELY 190 FEET EAST OF ORLEANS LANE WEST TO
QUAKER CANE. Motion carried on a Roll Ca -11 vote, four
ayes.
MOTION was made by'Councilman Hunt, seconded by Council-
man Seibold, to adopt RESOLUTION NO. 74-1519 A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL 8, 1974, AT 7:30 P. M, IN THE COUNCIL CHAMBERS,
ON PROJECT NO, 1349 6TH AVENUE NORTH AND 10TH AVENUE
NORTH FROM NATHAN LANE TO COUNTY ROAD 18, AND COUNTY
ROAD 18 FROM 6TH AVENUE NORTH TO 1'OTH AVENUE NORTH.
Moti on carri ed on, a Rol I Cal 1 vote" four ayes.
MOTION was made by Councilman Neils, seconded by"Council-
man Seibold, to adopt RESOLUTION N0, 74458, A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL 8, 1974, AT 7:30 P-, M, IN THE COUNCIL CHAMBERS,,
ON PROJECT N0. 1429 WEST MEDICINE LAKE STREETS, Motion
carried on a Roll Call vote, four ayes., -
MOTION was made by Cougcilman Neils, seconded by. Cou:cil -
man Seibold, to adopt,RESOLUTION NO, 74459!9 A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL 8, 1974, AT 7:30 P. Re,lN THE COUNCIL CHAMBERS.
ON PROJECT NO, 220-0359 RANCHVIEW MANOR ADDITION. Motion
carried oii a Roll , Call vote, four ayes,
MOTION was made by Councilman Seibold,-seconded by Council-
man Neils, to adopt RESOLUTION CALLING FOR PUBLIC HEARING
ON PROPOSED ASSESSMENT FOR APRIL 8, 1974. AT 7:30 P. M.
IN THE COUNCIL CHAMBERS, ON PROJECT N0, 222, PLAYHOUSE
INDUSTRIAL PARK, Motion carried on a Roll Cali vote,
three ayes, Councilman Hunt voting nay,
MOTION was made by Councilman Neils, seconded by Counci 1 -
man Seibold, to adopt RESOLUTION N0. 74-161, A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL 8. 1974, AT 7:30 Pb M, IN THE COUNCIL CHAMBERS,
ON SANITARY SEWER CONNECTION CHARGES, CREEKWOOD HEIGHTS
2ND ADDITION. Motion carried on a Roll Call vote, four
ayes,
PROJECT NO, 134
RE SOL4TION NO. 74-157
PROJECT NO, 142
WEST MEDICINE LAKE STREET
RESOLUTION N0,74-158
PROJECT NO, 220-035
Ranchview Manor Addition
RESOLUTION NO. 74-159
PROJECT N0.
2224'
Pl house Industrial
Park
RESOLUTION N0, 74-160
SANITARY SEWER REC
CREEKWOOD HEIGHTS
RESOLUTION NO% 74-161
This item was deferred from the previous meeting of AMENDMENTS TO ZONING''
March 4, 1974, The Planning Commission held a Public ORDINANCE RELATING TO.
Hearing on this Amendment to the toning OrdiNnce at GENERAL DEVELOPMENT AN't
tOeir meeting of February 20, 19740 and recommend SITE PLANS
appr wa1. Item T -C
MOTION was made by Councilman Neils. secondedby Council- ORDINANCE N0, 74-7
mars Stibold, to adopt ORDINANCE NO, 74-7, AN ORDINANCE
AMENDING THE ZONING ORDINANCE RELATING TO GENERAL DEVELOP-
MENT AND SITE PLANS.
92-
A
e
LANE"TO COUNTY ROAD 18 AND 28TH AVENUE NORTH BETWEEN
APPROXIMATELY 190 FEET EAST OF ORLEANS LANE WEST TO
QUAKER CANE. Motion carried on a Roll Ca -11 vote, four
ayes.
MOTION was made by'Councilman Hunt, seconded by Council-
man Seibold, to adopt RESOLUTION NO. 74-1519 A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL 8, 1974, AT 7:30 P. M, IN THE COUNCIL CHAMBERS,
ON PROJECT NO, 1349 6TH AVENUE NORTH AND 10TH AVENUE
NORTH FROM NATHAN LANE TO COUNTY ROAD 18, AND COUNTY
ROAD 18 FROM 6TH AVENUE NORTH TO 1'OTH AVENUE NORTH.
Moti on carri ed on, a Rol I Cal 1 vote" four ayes.
MOTION was made by Councilman Neils, seconded by"Council-
man Seibold, to adopt RESOLUTION N0, 74458, A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL 8, 1974, AT 7:30 P-, M, IN THE COUNCIL CHAMBERS,,
ON PROJECT N0. 1429 WEST MEDICINE LAKE STREETS, Motion
carried on a Roll Call vote, four ayes., -
MOTION was made by Cougcilman Neils, seconded by. Cou:cil -
man Seibold, to adopt,RESOLUTION NO, 74459!9 A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL 8, 1974, AT 7:30 P. Re,lN THE COUNCIL CHAMBERS.
ON PROJECT NO, 220-0359 RANCHVIEW MANOR ADDITION. Motion
carried oii a Roll , Call vote, four ayes,
MOTION was made by Councilman Seibold,-seconded by Council-
man Neils, to adopt RESOLUTION CALLING FOR PUBLIC HEARING
ON PROPOSED ASSESSMENT FOR APRIL 8, 1974. AT 7:30 P. M.
IN THE COUNCIL CHAMBERS, ON PROJECT N0, 222, PLAYHOUSE
INDUSTRIAL PARK, Motion carried on a Roll Cali vote,
three ayes, Councilman Hunt voting nay,
MOTION was made by Councilman Neils, seconded by Counci 1 -
man Seibold, to adopt RESOLUTION N0. 74-161, A RESOLUTION
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
APRIL 8. 1974, AT 7:30 Pb M, IN THE COUNCIL CHAMBERS,
ON SANITARY SEWER CONNECTION CHARGES, CREEKWOOD HEIGHTS
2ND ADDITION. Motion carried on a Roll Call vote, four
ayes,
PROJECT NO, 134
RE SOL4TION NO. 74-157
PROJECT NO, 142
WEST MEDICINE LAKE STREET
RESOLUTION N0,74-158
PROJECT NO, 220-035
Ranchview Manor Addition
RESOLUTION NO. 74-159
PROJECT N0.
2224'
Pl house Industrial
Park
RESOLUTION N0, 74-160
SANITARY SEWER REC
CREEKWOOD HEIGHTS
RESOLUTION NO% 74-161
This item was deferred from the previous meeting of AMENDMENTS TO ZONING''
March 4, 1974, The Planning Commission held a Public ORDINANCE RELATING TO.
Hearing on this Amendment to the toning OrdiNnce at GENERAL DEVELOPMENT AN't
tOeir meeting of February 20, 19740 and recommend SITE PLANS
appr wa1. Item T -C
MOTION was made by Councilman Neils. secondedby Council- ORDINANCE N0, 74-7
mars Stibold, to adopt ORDINANCE NO, 74-7, AN ORDINANCE
AMENDING THE ZONING ORDINANCE RELATING TO GENERAL DEVELOP-
MENT AND SITE PLANS.
92-
A
e
Spe0l al ,Council ft0ing,
Narci 11, 1974
Page :03 ,
A
NOTION ],,wbs made by Councilman Neils, s,%onded by Council-
man Set bold, to amend the proposed Ordinance by changing,
Item 9;, th ;rd line from the bottom, to read "executed",
rather thaneapproved of". Kation carried, four ayes.
NOTION was maae by Mayor Hi 1 de, seconded- by Counci 1 w,
man Neils, to f urther amend the proposed Ordi hance,.
Item 10, third 1 ne from the botton, to read:
tt tal existing floor area and change
meets al,ordiWaite requi rem6pts, may be
approved
Notion carried, four oyes. RI)tion toadopt Ordinance
No. 74-79 carried on a" Rol 1 Call vote, t or ages.
MISCELLANEOUS
4 ,
Mayor Hi l de i ndi ca-c,ed tha; all Council m bers had KENNkTH SHALLMAN - APPEAL
received a letter from Attor.F '% Robert Mi tc ell , ra- . OF DENIAL,,
gardiing the denial of the Counc\0, to Kenneth Shall- 602 FA,nchview Lane
man's request last fall for permts0on to have a
garage placed within 25 feet of ttie property line.
After further discussion, the fol Tivin`-'oclusionsn
were made:
1) This request merit's Council review.
2) Councilman Neils and Ci ty, Attorney will
review the facts and conclusion of action
to the Council,
1) Specifically check facts on Page 2 of
Mr. Mitchell's letter regarding rooti -
fication of the meetings of the Board
of toning Adjustment,
4) Mayor Iii 1 de `,wi 11 wri to a l ester to Mr,
and Mrs. Shailman regarding the actions
now being considered by Council, with,a
copy to their attorney,
1
Mayor.Hilde Indicated he had received notification of PUBLIC NEARING - OA144O00
a Public Hearing to ba held Thursday. March 1.4, 1974, SCHOOL - 3/14/74
at Oakwood School, 7:30 P. M. regarding two suggested BUS ROUTE ON HIGHWAY 101
bus routes to be established along Highway 101, be-
tween County Road 24 and Highway 12. Councilm.9n
WWII will attend this meeting.
MOTION was made by Mayor•Hilde, seconded by Council-
man Neils, to direct Councilman Seihold to listen to
4093-
c
Sped a1 C unci i meeting '` o
March Q,11 1974
Page 94
the two pnarosal s , at 'the Publ id,HeP rIgg and ascertain
which 1s the chcapesOnd best service for our citi- 1
zeas, and 'Make' a stanUtn favor of that proposal
considering existing,rout s that Medicine lake Buse
I
Company nod,, provides.` Mbti'on carried,, four ayes.
Mayor Hilde'adjourned the meeting at 12:35 A. M.
J)
M
C
0
E
a
City Clerk
1
Is 94 Is ^,.
L U CIO
EXHIBIT "A"
iPUBLIC HEARING
o
Street and Utility Improvemen`:
lJ
Radisson Motel Area
Project 307 "
March 11, 1974
Estimated Cost*
J
Streets ` 74,8S -S.00
Storm Sewer $112029S.00
Nater Main $ 480900o,00
TOTAL 6,060,00
Right-of-way not included,
Estimated Assessment: '
Streets $22,48/f, ft,
Storm Sewer $2000, 00/acre
O.OS/r q, ft.
Water blain $10.004rfI ft,
Water Area $67S .0J)/acrb
A0 0
l
EXHIBIT
r
PUBLIC NEARING '
Nathan Lane
13th Avenue Le -20th AVen4R
Project 404'
March 11, 1974 °
Estimated Cost:
Street s 73,610.'00
Storm Sewer 18` 330.00
TOTAL 910940.00 -
Estimated Assessment:
Street'.526,24/f.ft.
Storm Sewer $3S0.48/acre
0 )
I
d
0
C
EXHIPIT " CW
C , HF.AR1tiG
i
111th Avenue
County Road 18 to Nathan Lane
Project 40S
3
March, 11-, '1974
Estimated Cost: $44879S.00
Estimated Assessment: VIM/ ft.
Previous work already ccmgletud (Project 134):
Estimated. Cost:
Estimated Assessment Rate
12,776.37
6.06/ft,
r
EXHIBIT!, V
i
PUBLIf. HEARING
Storm Sewer
Creekwood heights/Elmhurst Aiea
Project 406
Match 11, 1974 '
Estimated Coit: $338710.00
Estimated Asset.ment; $0.027/sq. ft.
Additional Rate $1,173.35/acre
Typical Lot Cost:
Creekwood He;Qhts Area (18,S00 sq, ft.) $499.50/lot
Elmhurst Area (10,000 sq. ft.) $270.00/lot
I
PUBLIC HFARIN(
2Sth Avenue Surfacin&
Nagnolia to Pineviea
Project 107
March 11, 1974
Estimated Cost:'
Surfacing
Concrete Curb 6 Gutter
TOTAL
Estimated Assessment:
Surfacing
Concrete Curb $ Gutter
Typical Lot cost - 80 feet aide
Surfacing
Concret. Curb and Gutter
A
ft
18,620.00
8,400.00
27,020.00
M21/f. ft.
4.15/f. ft.
736.80/lot
332.00/lot
P
U