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HomeMy WebLinkAboutCity Council Minutes 03-11-1974 SpecialPage 82 O j o o r 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 82 _ - . ,. r J O Speci a1 Counci 1 March 11, 1974 Page 83 Meeti ng i 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, 83 - RESOLUTION NO. 74-145 PROJECT 404 13th Avenue Ite.m 4-B Nathan Lane to 10th Avenue u Q IV 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. O'1 Y Special Counci 1 Me O ti ng, March 11, 1974 Page 84 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. O'1 Y L a S c1 alp Counci 1 Meeting March 11, 1974 g Page 85 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, 85- RESOLUTION NO. 74.147 PRt)LCT 406 - Creekwood Heights Storm Sewer District Item 4-0 e 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.) ft 86 - 9 0 r] RESOLUTION N0, 74-148 PROJECT 407 - 25th Avenue Surfacing Magnolia to Pi nevi ew Item 5-C J I 0 6 i Specie Conci l Meeti ng March -I I a '1914 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, 0 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, c 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. 0 87- U i 0 o Special Council r- eti ng March 11., 1974 Page 88 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 08 - n n 0 RESOLUTION NO. 74-1,49 TENNIS COURT BIDS ANO REVISED SUPPLEMENTARY AGREEMENT #1 Item 7-B RESOLUTION NO, 74-150 4 a LJ I i Special :Counci 1 Meeting Marck.1"1. 1974 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, 89 . NAPLEDELL LOTS - POSSIBLE TITLE CLOUD I tem 7-P J 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, 89 . NAPLEDELL LOTS - POSSIBLE TITLE CLOUD I tem 7-P Special Council Meeting" o March 11, 1974 Page 90 , o 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. [ y 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,) 90- f 0 SpecUT Council= Meeting 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 , 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 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