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Home My WebLink AboutCity Council Minutes 10-28-1974 SpecialPage 313 MINUTES , SPECIAL COUNCIL MEET,IN: October 28, 1974 A special meeting of the Plymouth City Counia 1 was called to order by Mayot% Hilde at 7:35 P.M. in the uCouncil Chambers of the Public Works Building,/'14900 Twenty-third Avenue North, Plymouth, on October 28, 1974. PRESENT: Mayor Hilde, Councilmen Hunt, Neils, Seibold and', Spaeth, Manager Willis, Engineer Goldberg, Planner Dillerud, Con'smiting Engineer Olson, Attorney Lefler, Deputy City Clerk Bol ni ck. ABSENT: None. e PUBLIC HEARINGS A special assessment re -hearing was held re Project Nos. 301 and 301401, Xenium lane and 15th Avenue Utilities and Streets, per preparation of revised assessment rolls. Mayor Hilde opened the public hearing at 7:42 P.M. No one chose to speak. Mayor Hilde closed the public hearing at 7:43 P,M. MOTION was made by Councilman,Hunt, seconded by Councilman Seibold, to adopt RESOLUTION N0, 74-524, A RESOLUTION ADOPTING ASSESSMENT ROLL, FOR PROJECT NOS, 301 AND 301401, XENIUM LANE AND 15TH AVENUE - UTILITIES, Motion carried on a roll call vote, five ayes. MOTION'was made by Councilman Hunt, seconded by Councilman Seibold, td adopt RESOLUTION NO.74-925, A RESOLUTION ADOPTING ASSESSMENY ROLL FOR PROJECT NOSf, 301 AND 301-001, XENIUM LANE AND 15TH AVENUE - STREETS. Motion carried on a roll call vote, five ayes. Three sections were included in the proposed Project No. 415 dater Main - 21St and Kilmer Lane, 19th to 25th; and County Road 18 Service Road, one oil which had been petitioned by the citizens in the area. Mayor Wilde opened the public hearing at 7:30 P.M, Vern Peterson tsked if he would be'assessed for water service, although he could rot get a building permit because his let was too small . He was, informed that he could get a building permit, as the lot was plsktted, Mayor Hilde closed the public bearing at 7;54 PA 313- ASSESSMENT ROLLS - PROJECT NOS. 301 AND 301-001 - XENIUM LANE AND 15TH_ AVENUE - UTILITaES AND STREETS Item 4-A RESOLUTION -NO. 74-524 RESOLUTION N0, 74425 PROJECT N0, 415 - WATER MAIN - 21ST AND KILMER LANE, 19TH TO 25TH, COUNTY ROAD 18 SERVICE ROAD Item d-9 1 Oc ob4r "28',- 1974 VI II Counci 1 members expressed surprise that c other persons chose to sp, rak re the proposed -public improvement. It was suggested that chk) matter be ,laid over for a week , and that a check, be made to determine that the property owners we.i e all notified.' MOTION was made by''Councilman Hunt, secoihded b Councilman Neils., to lay over consideration of Project Nc-4 1415 until the November, 4,' 11(174 Council meeting, Motion carriedY five ayes,"z PETITIONS REQUESTS AND COMMUNICATIONS y MOTION was,made by"Councilman Hunt, secoo1ded by Councilman PILGRIM LANE HOCKEY Spaeth, to adopt RESOLUTION NO, 74-526, ARESOLgTION APPROVING RINK - PROPOSED LIGHTING AN APPROPRIATION OF 53,625 FROM THE NEIGHiarrledORHOOb PARK ACCOUNT, Item 5-A OF THE PARK DEDICATION FUND FOR LIGHTING F THE PILGRIM LANE RESOLUTION.NO, 74-526 HOCKEY RINK FOR1HE 1974 SEASON. Motion on a roll call vote, five ayes, MOTION was made by 'Counci lman Hunt, seconded by BELMAR BUILDERS, INC,. - Councilman Seibold, to adopt RESOLUTION N9, 74-5279 A RESOLD- RELEASE OF DRAINAGE AND" TION APPROVING RF1.EASE OF DRAINAGE AND LAODtCAPE BOND FOR AN LANDSCAPE BOND OFFICE/WAREHOUSE BUILDING AT 2520 XENIUM LANE, PER REQUf.ST Item 5-C OF BELMAR BUILDERS,'INC, RESOLUTION NO, 74-527 Councilman Neils stated objection, on the basis th kt, the plan showed common parking with the Litton property, He said this was not desirable because of a difference in grade. Motion carried on a roll call vote, four)a"yes, Councilman Neils voted nay, MOTION was made by Councilman Spaeth, seconded by Councilman NORTHERN STATES POWER Seibold, tie adopt RESOLUT16H NO, 74-528, A RESOLUTION AoPROV- CO, - LOT CONSOLIDATION ING LOT CONSILIDATION FOR PARKERS LAKE SUB -STATION, PER REQUEST FOR PARKERS LAKE OF NORTHERN STATES POWER CO, Motion carried on a roll call SUB -STATION vote, four ayet, Coi,nci lman Neils abstained, Item 5#-D RESOLUTION N06 74-528 MOTION was made by Councilman Seibold, seconded by Councilman REQUEST FOR PAYMENT NO, Hunt, to adopt RESdLUTION NO, 74-529, A RESOLUTION APPROVIAG 3 - PROJECT N0, 408 - REQUtST FOR PAYMENT N06 3 - PROJECT NOS, 40G AND 409 - 34TH 34TH AVENUE STREETS - AVENUE STREETS AND 36TH AVENUE SIDEWALKS, Motion carried on AND PROJECT N04 409 - a roll call vote, five ayes, 36TH AVENUE SIDEWALKS Item 5- RESOLUTION NO, 74429 REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MOTION was made by Councilman Spaeth, seconded by Councilmen PROJECT' NO,, 501 - hunt, to accept the ee ort re Project No. 501 - Ferhbrook rERNBROOK LANE STREET Lane Street_ Iraprovemen , IMPROVI MEDT Item 6%A AA /l Special Council Meeting October, 28, 1974Page315 Motion carried, five ayes. Mayor, Hilde asked if' i t .mi ght be considered to' ccnti\nue they; improvement of Fernbrook north to County ._Road 9. Cnunci lmar. Seibold stated that the deople want, all of the tMprovemeh s to the area,-- sewer and water and'streets =- done)at one time. Councilman Seibold suggested'v,that the pro,ect be cut off at approximately Harbor Lane, to'Olve*the traffic problem, and *amended 11/18/74 bring the rest to urban design when all improvements can be done. N Magor Hilde asked for more complete cost estimates by the time of the hearing, and for information re State Aid funding. MOTION w<<",made by Councilman,Hunt, seconded by CouncilmanRESOLUTION N0,, 74430 Seibold, to adopt RESOLUTION NO. 744306 A RESOLUTION ACCEPTING REPGRT AND ORDERING PUBLIC HEAPING RE PROJECT NO. 501 - FERNBROOK LANE STREET IMPROVEMENT, WITH THE PROVISION THAT THE PROJECT BE CUT BACK TO THE NORTH LINE OF THE BELMAR DEVELOPMENT. Motion carried on a roll call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to ,direct the staff, re Project No. 501, to research with the State the possibility of participation in intersection design, north and south on Fernbrook; research the right-of-way and how it might be assessed; research MSA funding and how it might be broken down; and research the cost of signaliiation. Motion carried, five ayes. It was also suggested that staff meet with the owners of the Harris property, to discuss the intended use of the property, prior to the hearing. MOTION was made by Councilman Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION N0. 74-531, A RESOLUTION ACCEPTING REPORT AND ORDERING PLANS AND SPECIFICATIONS - PROJECT NO. 507 - WELL N0, 4, Motion carried on a roll call vote, five ayes . MOTION was made by Councilman Spaeth, seLonded by Councilman Seibold, to adopt RESOLUTION N0,, 74-5326 A RESOLUTION AWARDING CONTRACT FOR PROJECT NO, 413 - CIRCLE STAR BUSINESS CENTER SECOND ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilman Seibold, seconded by Councilman Neils, to adopt RESOLUTION N0,, 744331 A RESOLUTION AWARDING CONTRACT FOR PROJECT NO. 306 - XENIUM LANE SOUTH OF THE RAILROAD TRACKS, Motion carried on a roll call vote, fiw. a„ves. PROJECT N0. 507 WELL NO. 4 Item 6-B RESOLUTION NO% 74-531 AWARD OF CONTRACT - PROJECT NO. 413 - CIRCLE STAR BUSI%SS CENTER SECOND ADDITION Item 6MC RESOLUTION -AQ, 74ft532 AWARD Or CONTRACT - PROJECT N0. 306 - XENIUM LANE SOUTH OF RR TRACKS Item 6-0 RESOLUTION NO. 74-533 I approximately Harbor Lane, to'Olve*the traffic problem, and *amended 11/18/74 bring the rest to urban design when all improvements can be done. N Magor Hilde asked for more complete cost estimates by the time of the hearing, and for information re State Aid funding. MOTION w<<",made by Councilman,Hunt, seconded by CouncilmanRESOLUTION N0,, 74430 Seibold, to adopt RESOLUTION NO. 744306 A RESOLUTION ACCEPTING REPGRT AND ORDERING PUBLIC HEAPING RE PROJECT NO. 501 - FERNBROOK LANE STREET IMPROVEMENT, WITH THE PROVISION THAT THE PROJECT BE CUT BACK TO THE NORTH LINE OF THE BELMAR DEVELOPMENT. Motion carried on a roll call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to ,direct the staff, re Project No. 501, to research with the State the possibility of participation in intersection design, north and south on Fernbrook; research the right-of-way and how it might be assessed; research MSA funding and how it might be broken down; and research the cost of signaliiation. Motion carried, five ayes. It was also suggested that staff meet with the owners of the Harris property, to discuss the intended use of the property, prior to the hearing. MOTION was made by Councilman Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION N0. 74-531, A RESOLUTION ACCEPTING REPORT AND ORDERING PLANS AND SPECIFICATIONS - PROJECT NO. 507 - WELL N0, 4, Motion carried on a roll call vote, five ayes . MOTION was made by Councilman Spaeth, seLonded by Councilman Seibold, to adopt RESOLUTION N0,, 74-5326 A RESOLUTION AWARDING CONTRACT FOR PROJECT NO, 413 - CIRCLE STAR BUSINESS CENTER SECOND ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilman Seibold, seconded by Councilman Neils, to adopt RESOLUTION N0,, 744331 A RESOLUTION AWARDING CONTRACT FOR PROJECT NO. 306 - XENIUM LANE SOUTH OF THE RAILROAD TRACKS, Motion carried on a roll call vote, fiw. a„ves. PROJECT N0. 507 WELL NO. 4 Item 6-B RESOLUTION NO% 74-531 AWARD OF CONTRACT - PROJECT NO. 413 - CIRCLE STAR BUSI%SS CENTER SECOND ADDITION Item 6MC RESOLUTION -AQ, 74ft532 AWARD Or CONTRACT - PROJECT N0. 306 - XENIUM LANE SOUTH OF RR TRACKS Item 6-0 RESOLUTION NO. 74-533 Speciallune: Meeting j October 2 , 1144 Page 316 MOTION Was made by Councilman Spaeth, seconded by Councilman INSTALLATION OF Seibold, to adopt RESOLUTION N0, 74-5349 A RESOLUTION APPROVING, STOP SIGNS INSTALLATION OF STOP SIGNS AT THE FOLLOWING INTERSECTIONS: Item 6-E 18TH AVENUE AT PEONY LANE; 18TH CIRCLE AT' PEONY LANE; 17TH RESOLUTION N0, 74 - AVENUE AT PEONY LANE; 17TH CIRCLE AT PEONY LANE; AND NATHHAN,' L44E AT>131*H AVENUE. Motion carried on a, roll call vote, five ayes,, MGTION was made by Councilman Spaeth, seconded by Ccuncilman Neils, to adopt RESOLUTION N0. 744350 A'RESOLUTION AUTHORIZING PAYMENT OF $13,088.26 TO THE MINNEHAHA CREEK WATERSHEO DISTRICT FOR SERVICES RENDERED' B`! THE WATERSHED DISTRICT IN PURSUING THE CITY'S PETITION FOR THE PINETREE POND DRAINAGE DISTRICT TMPROVE- MENTS. Motion carried on a roll call vote, five ayes. 1 MOTION was made by Councilman Hnat, seconded by Councilman Neils, to direct the staff. as soon as the l awsui t i s determined, to -s research the flood plain required, and to take into account any landscaping, to bring back to the Council at the earliest possible date, giving an idea of what would be,involved in total land to meet the Watershed District report. , MOTION was made by Councilman Neils, seconded by Councilman Hint, to amend the motioi, to indicate that the staff report should be brought to the Council no later thin February 1, 1975. Metien to amend carried, five ayes. Main motion, as amended,'carried, five ayes. MOTION was made by Mayor Hi 1 de, seconded by Counci if an Hunt, to direct the staff, in coordination with the lawsuitri to come back to the Council wi th ' a prel i ni nary preliminary plan for proceeding with the other recommendations of the Watershed District. Motion carried, five ayes. Councilman Neils left the Counc`l meeting at 8:50 P.M.) NOTION was made by Councilnen Seibold, seconded by Councilman Spaeth„ to direct the City Manayer to communicate with V a Metropolitan Council the City Council's concurrence with the latest Metropolitan Council population projections,, Motion carried, Four ayes. MOTION was made by Councilman Spaeth, seconded oy Councilman Hunt, to accept the City-Marager's report, dated October 24, 1974, re the West Hennepin Human Services Planning Board - Project Inform, MOTION w1a3 made by Councilman Hunt, seconded by Councilman Seibold, to amend the motion by addi Ag "and recommendations". Motion to emend carried, four ayes. 316+ n PINETREE POND STORM SEWER > PROJECT - WATER- SHED DISTRICT BILL, Item 6-F RESOLUT)ON NO, 74-535 1 NETROPOLITAN COUNCIL PONLATION FORECASTS Item 6,G WEST HENNEPIN HUMAN SERVICES PLANNING BOARD - PROJECT INF Item 6-H ff J Special Council Meeting October 28, 1974 Page 317 a Main motion, as amended, carried. four ayes. hETITInNS,_ REQUESTS AND COMMUNICATIONS (contd. MOTION was made by,Councilmen Seibold, seconded by,Councilmen Spaeth, to deny the request of Rick K;+merfield on appeal from a Board of Zoning Adjustment decision denying a sign variance. Councilman Hunt said than he had spoken with `Iry. Threi nen of the Board of Zoning Adjustment, Mr. ThrtA nen said that the Board would possibly consiaer a sign that would meet the B -2 - requirements. He said that they would insist, however, that the sign be shared by the three businesses ;tt the site. Councilman Hunt spoke against *.he motion. He said :he denial would require the 'entire proce`Ute to begin anew, should the petitioner wish to pursue *.lie matter, He wou:d prefer to see the Council make a more positive gesture. Motion failed, 1 - 3. Councilmen Hunt and Spaeth and Mayor Hilde voted nay. MOTION was made by Councilman Hunt, seconded by Mayor Hilde, to direct the staff to contact Mr. Kumerfield; and that the Council stand behind the ordinance that allows for one sign sper shopping area and that the square fcootage, however remade. o not exceed 96 square feet. Councilman Spaeth said he would prefer to see the entire matter laid over, SUBSTITUTE MOTION was made by Mayor Hilde, seconded by Councilman Spaeth, to lay over the matter until further information is obtained. Motion carried, tour ayes. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to direct the staff to research the sign requirements of 3-2 and B-3 and the present sign situation, with attention to how the present sign conforms tt the law today and when the sign was built. Motion carried, three ayes. Councilman Seibold voted nay, REPORTS OF OFFICERS BOARDS AND COMMISSION MOTION was im de by Uluncilman Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION N0. 74-536, A RESOLUTION ESTAB- LISHING ANNUAL COMPENSATION FOR THE FINANCE DIRECTOR, Motion carried on a roll :all vote, four ayes. MOTION was made by Councilman Sei bui d, seconded by Counci lrar, Hunt, to adopt RESOLUTION NO. 74437, X RESOLUTION APPOINTI'IG NELL FITZGERALD AS CITY CLERK. Motion carried on a roll call vote, four ayes, OI MR. K'S M:N'S WEAR - APPEAL FROM BOARD OF ZONING ADJUSTMENT Item 5-B 0 0 0 COMPENSATION PLAN - AMENDMENT Item 6-I RESOLUtION N0. 74&536 CITY CLERK - NAME CHANGE Item 6-J RESnLUTION N0. 740*537 Specs al Council Meeting October 28, 1974 Page 318 MCITION was made by Councilman Seibold, seconded by 17ounci lman Hunt, to adopt RESOLUTION NO. 74-538, A"RESOLUTION APPROVING THE REVISED EMERGENry PLAN FOR THE CITY OF PLYMOUTH. Motion carried on a roll call vote, four ayes. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to adopt RESOLUTION NO. 74,539, A RESOLUTION APPROVING AN ALLOCATION OF $100 FROM THE CONTINGENCY FUND TO THE LEAGUE OF MINNESOTA MUNICIPALITIES FAIR LABOR STANDARDS ACT TRUST FUND,, Motion carried on a roll call vote, four ayes, LICENSES AND PERMITS a MOTION .as made by Councilman Hunt, seconded by Councilman Seibold, to adopt RESOLUTION NO, 74-5406 A RESOLUTION APPROVING TRANSFER OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - RADIO CAB CO. Notion carried on a roll call vote, four ayes, MISCELLANEOUS Mayor Ili 1 de susgested that in the future the Councilmen alternate attendance at the Plymouth i-orum, Clerk will establish a rotating order and will inform each Council member, in his agenda packet, when it is his turn, Mayor Hilde stated that he hati received a letter from Lon Maxwell, chai Haan of the Association of Medicine Lake Area Citizens, in which Mr, Maxwell requested permission to attend s,,aff meetings, Mayor Hilde said he would distribute copies of the letter, and that the matter would be considered on the next agenda. Manager Willis showed the Councilmen a comparison of county market values. He said that the counties with notably lower market valuations have been informed that they must bring the valuations up. Mayor Hilde adjourned the Council meeting at 3;30 P.M, PLYMOUTH EMERGENrl PLAN - REVISION Item 6-K RESOLUTION NO -.74-538 FEDERAL FAIR 'LABOR STANDARDS ACT LITIGATION Item 6-L RESOLUTION NO, 74-_539_ RADIO CAB - TRANSFER OF LICENSE FOR ONE VEHICLE Item 7-A RESOLUTION NO, 74-54a PLYMOUTH FORUM LETTER FROM DON MAXWELL FISCAL !N SPARITIES Deputy City Clerk n Mayor Ili 1 de susgested that in the future the Councilmen alternate attendance at the Plymouth i-orum, Clerk will establish a rotating order and will inform each Council member, in his agenda packet, when it is his turn, Mayor Hilde stated that he hati received a letter from Lon Maxwell, chai Haan of the Association of Medicine Lake Area Citizens, in which Mr, Maxwell requested permission to attend s,,aff meetings, Mayor Hilde said he would distribute copies of the letter, and that the matter would be considered on the next agenda. Manager Willis showed the Councilmen a comparison of county market values. He said that the counties with notably lower market valuations have been informed that they must bring the valuations up. Mayor Hilde adjourned the Council meeting at 3;30 P.M, PLYMOUTH EMERGENrl PLAN - REVISION Item 6-K RESOLUTION NO -.74-538 FEDERAL FAIR 'LABOR STANDARDS ACT LITIGATION Item 6-L RESOLUTION NO, 74-_539_ RADIO CAB - TRANSFER OF LICENSE FOR ONE VEHICLE Item 7-A RESOLUTION NO, 74-54a PLYMOUTH FORUM LETTER FROM DON MAXWELL FISCAL !N SPARITIES Deputy City Clerk n