HomeMy WebLinkAboutCity Council Minutes 12-02-1974Page 336
lMINOTES
REGULAR COUNCIL MEETING
December 2, 1974
l
meetingArerular of the Plymouth City Council rias called to order by' Mayor Hi l de at
7:35 .I?.'M, in the Council Chambers of the Public', Works Building, 14900 Twenty-third;
Avenui,, Uorth, Pl =uth; on December 2, 1974,
PRESENT : , Mayor Hi 1 de, Councilmen, Sei bold and Spaeth., Manager Vd l i s , i:ngi neer Goldberg,
PIanner-0illerud, Attorney Lefler; Coosulting Eon1neer Olson, Deputy' City,
C:srk bolni;ck.
ABSENT: Counci ,men Hunt and Neils.
MINUTES
MOTION was made by Councilman Seibdl•.i, seconded by Malvor MINUYES - REGULAR COUNCIL
Hilde, to approve the minutes of the November 18, 1974 MEETING - 11/10/74
Regular Council Meeting% Item 4
Mayor Hilde noted that on page 332, item 01 should reed at
follows: "We think -the ideoof a rclianal park In this area
is consis'6t with our concepts or trying to get the most out
of the lake for regional purpose,, keepinng it mind that: we
applied for federal, state and county fends to upgrade and '
enlarge our two beaches.on the basis that these parks were of
gnif i carce.'' Correcti on was noted'.
Motion to approve the minutes carried, two ayes. Councilman
Sp oeth abstained,,
PUBLIC HEARING
Consulting Engineer Olson explained that Project No. 503 - PROJECT NO. CO3 - NATHAN
Nathan Lane Street and Storm Sewer,.r involved permanent LANE STRECT a STORM SEWER
street construction, including concrete curb and gutter, Item 5
and storm sewer construction_4 He explained that two plans
were ul der consideration:
1. Construct complete bituminous street with concrete curb
and gutter and stone saver between County Road 9 and
49th Avenue,'
2, Construct complete bituminous street with concrete curb
and gutter ant' storm sewer between County Road 9 and 45th
Avenues construct only,gravel base street between 45th
and 49th Avenue with bituminous street and concrete curu
and gutter and storm sewer to follow at a later date.
Mr. Olson explained that Plan 02 would be preferable, as it is
difficult to anticipate at this point how de -vel opment would take
place,
Regul'ar Council Meeting
December 29 1974
Page 337
Mayer Hi lde opened the public hearing at 7$2 P.M,
Jim Cashman', 117 Hawthorne Road, expressed concern re potential
assessment to his , roperty, Engi nu r Goldberg expl ai red' to Mr,
Cashman that i f WS' land does not abut on Nathan Lari he, would,
not be assessed ifor street work: ke said that Mr.; Cashman' I
property could- be in the storm sewer area, but'that was riot likely,
harvey Swenson, 5705 Mt. Normandala Drive, Bloomington, representing
the Darrell Farr Development Corporation, stated a preference for
paving to 49th; opening;up the -entire quadrant, Mr. Swenson stated
that the Farr Corporiltion was in favor, of the improvement, but
wpul d' like to ask for a , short continuation in the .ordering of the'
work so that their staff people could coordinate with the City r
staff: particularly regarding storm sewer sites, pc,%ding areas,
and the timing of.construction work,
Jim Dimond, 385 Washington, St. Paul, representing the St. Paul
Companies, stated that his firm owned approximately 3/4 of the
land involved in the project area, and they have no development
plans,at this- time, They do not see the need for the improvements,
nor do they desire to have them done at this time. Mr. Dimond
also stated opposition to any plan to shift a part of the
reconstruction cost of the frontage road access at County Road
9 to their land.
The Public hearing was closed at 8:10 P.M.* *amended 12/9/74
MOTION was made by Mayor Hilde, seconded by Counc-11man Spaeth,
to direct the staff to prepare a concise set of minutes, with
the concerns and comments of persons at the hearing reflected,
separate from the regular minutes; and further. that the staff
prepare a recommendation taking into account the needs of the
land -owners -- one wanting to go ahead with the project, another
wanting i o wait -- such recommendation to include (a) what
Physical work should be done: rural or urban, paved or not
paved, etc. ; And (b) the timing of the project and its parts.
Motion car=ried, 'three ayes,
PETITIONS, REQUESTS AND COMMUNICATIONS,
The City is in receipt of a petition from Carlson Companies
for vacation of Hope Avenue (also known as Empire Late i!) ,
Orchid lane (aka Dallas lane), and Co,mty Road (aka Bgrk-
shire Lane),
MOTION was shade by Councilman Seibold, seconded by Cotlncil-
nan Spaeth, to adopt RESOL;ITION N0, 74-5660 A RESOLUTION
ORDERING PUEcLIC HEARING ON THE PROPOSED VACATION OF PREVIOUSLY
Pt,ATTED STREETS WITHA THE MINNEAPOLIS INDUSTRIAL )ARK THIRD
AUDITION, Motion carrlc-d on a roll call vote, three ages.
uncilman Spaeth asked that street maps with houses itdlcated
t s furni shil oIF- the public hearing,
337-
CARLSON COMPANIES - STREET
VACATION - MINNEAPOLIS
INDUSTRIAL PARK THIRb ADD.
Item 6-C
RESOLUTION N%',74-566
a..
Regut r Council Feting ,
December 2, 1974 i
Page., 338,,
1
c) ,
REPORTS__Oc' OFFIC :RS, BOARDS AND COMMISSIOi;S
NOTION was made by Councilman Spaeth, seconded by Council
man Seibold, ,to .jopt RESOLUTION NO. 74-5671 ,. RESOLUTION
RECEIVING REPORT AND CALLING HEARING- - PROJECT t'9, 505 -
SCHMIDT LAKE UTILITIES, Motion carried on a roll call vote,
three ayes,
LICENSES AND PERMITS
The City is in receipt of an application for Ppddl ers , Solicitors
and Transient Merchants License from Daniel J. Castonguay,
for the purpose of selling blankets and jackets, Concern was
expressed re consumer protection, Councilman Spaeth pointed
out that the citizens would have no recourse if.the products
were unsatisfactory,
HOTION was made by Councilman Spaeth, seconded by Mivor Hi1de.
to adopt RESOI.WTION NO. 74-568, A - RESOLUTION APPRO`dING PEDDLERS.
C& LICITORS AND -TRANSIENT 1,%RCHANTS LICENSE FOR DANIEL J.
C STONGUAY, Motion carried on a roll call vote, two ayes. '
Councilman Seibold voted nay,
Councilman Spaeth said that the City should vequiv some Form
of sales slip. and that. -there be sone place, through the
company, to get recourse, He said this should be written into
th,s ordinances of the City, Mayor Hilde al'r:ked staff to look
into this anJ make recaivendations.
MOTION wits made by Councilman Spaeth, seconded by Councilmar:
Seibold, to adept R_SOLUTION N0, 74-569, A RESOLUTION APPROVING
SUNDAY StIE OF !NTOXICATING LIQUOR LICENSE FOR RADISSON INN
PLYMOUTH. Motion carried on a roll call vote, three ayes,
PETITIONS, REUESTS AND COMM NICATIONS (contd,i•
MOTION was mNde ty Councilman Spaeth, seconded by Ca+.,ncilman
Seibold, to adept RESOLUTION Na, 74-570, A RESOLUTICN WAIVIN1
THE REQUIREMENT OF SECTION 4621Wt, SURDIVISIQN 41 MINNESOTA
STATUILS,, ANO SrECTION 9.02 OF CHAPTER VII OF 1 ME CITY CACE
RELATIVE TO CONVEYANt;ES BY ME11; ', SND BOUNDS OF PARCELS OE
LAND CON'1i4t11T,NrI. LESS Tr,)"kN FIVE ki',RES, PER REQ01ST OF JUEL
SVENKERUP ,AI. E PARK K.% iA on carried w a roll cal)
vote, three; aiv rr, ,
MOTION wai, q ikde by 0t r 1 lr-o illiietr , seconded by 1 ouoci lman
Seibold, ,gip ,dor t P`S(1 '
i
i'1 1Y i., 74-5710 A RE.SOLUT N SETTING
FORTIi t;'11,''I'Y I,Ur'3 Tt D` 1 •}IC's TO FILING OF 1?10SO' UT1oN N0,
74-570'.
dOT iaN wa z „ titdl b : t ' 1 'qr So'bol d, !;ecol .140 a Cu.,i(i lman
PROJECT SIC, 505 -
SCHMIDT LIXE UTILITIES
Item 7- ,
RESOLUT IOC, N0. 74-5E7
PEDDLERS, 'iOLICITORS
TRANS IEN" j MERCHANTS
LICENSE - )ANIEL J.
CASUNGUW
Item 6-A
RESOLUTION N0. 74-568
M
SUNDAY SALE OF INTOXI-
CATING LIQUOR LICENSE
RADISSON INN
Item 8-B
RESOLUTION NO, 74469
JOEL SVENKERUD - LUT
DIVISION & VARIANCE -
LAKE PARK A111i S
Item 6-A
RESOL)TI ON O. 74-570
0".61!0N. NO. 74-S11
foegul ar' Councl 1 MeetilnQ
December 2, 1974
Page.,339
Spaeth, , to amend Resr+i +tion No. 74-571 by aedi n j condition A3,
No building pemi't 1>1'V be issued for proposed Parcel B until
such time as public ut-s 'i i tl es are available.", ibtion to a'men(I
carried, two ayes. ftor Hiide voted nay.
Motion to adopt Resolution No. 74471,, as amen ;d', carried on
a roll call ,vdte, three ayes.
T,, a Ci ty i s i n recei pt of e') peti ti on f rom the iShorewood Home-
owt;rs Association asking that the speed l i a(t on County Road
10 b4\reduced.fivm 50 mph to 35 mph.
MOTIWvas made by Councilman Spaeth, seconded by Councilman
Seibold,,,to adopt RESOLUTION NO, 74-5729 A RESOLUTION REQUESTING
THAT THE VENNEPIN COUNTY ENGINEER STUDY THE SPEED LIMIT ON COUNTY
ROAD l0,8ET41 EEN I-494 AND ZACHARY LANE TO DETERMINE THE SAFE
SPEED. Motion carried on a ro i 1 call vatte, three ayes,
It was the recommendation of the City Engi rer that sewer and
water assessment for\Lot 1, Block 2, Fazendin Park Fourth
Addition be removed, , as the lot is not served by public utilities,
MOT T04 was made by Councilman tpaeth, seconded b; Councilman
Seibold, tt adopt RESOLUTION NO, 74-573, A,RESOLUTION REMOVING
SANITARY SEWEP ANO WATER MAIN LATERAL ASSESSMENTS FROM LOT 1,
BLOCK 2, FAZENDIN PARK FOURTH ADDITION. Motion carried on a
roll call vote, three ayes,
MOTION was made by Cotncilman Seibold, seconded by Councilman
Spaeth, to adopt RESOLUTION NO. 74 574, A RESOLUTION WAIVING
THE REQUIREMENT OF SECTION 462,358, SUBOIVISInN 4, MINNESOTA
STATUTES, AND SECTION 9,02 OF CHAPTER VII OF THE CITY CODE
RELATIVE TO CONVEYANCES BY METES AND BOUNDS OF PARCELS OF LAND
CONTAINING LESS THAN FIVE ACRES, PER REQUEST OF CITY OF PLYMOUTH
ROBERT L, SORENSON RROPERTY, Motion carried on a roll cali
vote, three ayes,
PORTS OF OFFICERS NO COMMISSIONS i contd.
MOTION was made by Councilman Spaeth, reconded by Councilman
Seibold, to adopt RESGUT(ON N0, 74x575, A RESOLUTION AWARDING
BID FOR PROJECT 10, 401-002 " LANCASTER LANE FORCE MAIN - TO
NORTHDALE CONS) K,UCTION, i Notion carried oil a ml l gall vote,
three ayes,
Engineer Goldberg stated that as of January 1, 1975, the Suburban
Rage Authority loses its regulatory powers to the Minnesota
Public Service Commission,, The SRA Board of Directors dEtermined
that rather than disband. they would prefer to remain in existence.
with the functions somewhat modified to recognize the changed
SHOREWOOD CAEOWNERS
ASSOC, - RMIEST FOR
35 MPH SPEED LIMIT OR
COUNTY ROAD 10
Item 6-B
RESOLUTION NO. 74-572
V -
ASSESSMENT ABATEMENT
ROGER FAZENDIN - -
FAZI:NDIN PARK -
FOUITH ADDITION
Iter 6-D
RESOLUTION NO,
ROBERT L. SORENSON -
LO'' DIVISION - LAWCON
Item 6-E
RE40LVTION N0, 74474
AWhRD OF BID - PROJECY
0% 4014%002 LANCASTER
l ANE FORCE MAIN
i tem 7-A
RESOLUTION NO, 74-575
SUBURBAN RATE
AUTHORITY
Item 7-n
I_
VL
Regul r Counc1 1 Mkti ng
December 2, T914
Page 340 aa,)
regulatory system.
MOTION was made by 4ounctlman Spaeth, seconded by Councilman
Seibold;, to adopt- RESOLUTION N0, 74-5769 A RESOLUTION AUTHORIZ-
ING PARTICIPATION IN THE SUBURBAN RATE AUTHORITY; DIRECTING,
THE EXECUTION AND DELIVERY OF A JOINT POWERS 'AGREEMENT; AND
DESIGNATING A REPRESENTATIVE OF THE CITY AS ITS MEMBER ON THE
BOARD OF THE SUBURBAN RATE AUTHORITY, Motion carried`on a
roll call vote, three ayes.
MOTION was made by Councilman Seibold, seconded by Councilman
Spaeth, to adopt RESOLUTION NO. 74'-577,,A RESOLUTION ORDERING
ADVERTISEMENT FOR BIDS FOR PROJECT NO, 507 - WELL NO. 4.
Motion carried on a roll call vote, three ayes.
In reviewing the development contract and the assessments
charged re Carey Addition lots, an error was found v!herein
the assessments did not reflect any credit for a 215S down
payment. It was detem.1ned that the amount of $262.04 should
be refunded to Mr. Carey.
MOTION was trade by Coun; i lman Spaeth, svo.condecl by Councilman
Seibold, to adopt RESOLUTION NO. 74-578, A RESOLUTION APPROVING
A REFUND OF $262.04 TO FRANCIS Ci,AEY, ANS ORDERING PECALCULATION
OF SFECIAL ASSESSMENTS ON LOTS 2 THROUGH Cw CAREY ADDITION.
Motion carried on a roll call vote, three loves,
monk)N was made by Councilpan Speeth, seconded by Councilman
StAbold, to adopt RESOLUTION NO., 744791 A RESOLUTION ORDERING
STOP SIGN INSIALLATION AT 215T AND "ERNBROOK LANE, KILMER
ANF: AT 341:1 AVENUE, 34TH AVENUE AT PILGRIM LANE, AND SOUTH
SHORE 3RIVC AND T.H. 55 FRONTAGE ROAD (3); AND FURTHER, THAT
THE ENISTING STOP SIGN ON KILMER LANE ON THE SOUTH STDF Or
3dTH AVENUE BE REMOVED AND RELOCATED AT 35TH AVENJE ON THE
EAST SIDE OF KILMER,LANE. Motion carried on a roll call
vote, three ayes.
Council received tce Thi %md Aarter 1974 Financial Reports.
Milyor Hi 1 de pointed out ";hat; the City is ahead of its mi 1 l
levy by approximately ^01..,
Pryor Hi 1 dE noted that the Water Fund budget waa off approxi -6
mately *3;',000.
Consensus was that the financial pi t.ture looked good,. Mayor
1 11 de stated that he had some questions re parti cu i.irs i h the
report, and would confer with the F ! nance Di vvc:tor regard•; nq
those points,
340-
RESOLUTION NO, 74-576
ADVERTISEMENT FOR BIDS
PROJECT' N, 507
WELL N0. 4
Item 7-D
RESOLUTION NO, 74-577
CAREY ADDITION
AS5E ,ft;'
1ENT
Item 7-E
RESSOLUTION NO. 74-575
STOP SIGNS
Item 7-G
RESOLUTION N0, 74-579
REVIEW - THIRD QUARTER
1914 FINANCIAL REPORTS
Item 7-G
Y
Regular Council Meeting
December 2, 1974
Page 341
Councilman Seibold suggested that -the entire Council meet
with the auditors at an upcoming meet ing,co discuss establishing
of,priorities, areas of direction, rf hol of comnunicatign,, etc,
The Manager was directed to contact the 'audi for and arrange
for the meeting,
1
Manager Willis noted that since the Attorney General's opinion
was issued,,there has been a great deal of public outcry and it
is anti ci pated -that the Legislature i r 1975 Jill amend the Open
Meeting Law.,
Councilman Seibold asked- •i f the law would apply) to sub -comma i:tee
activities, Attorney Lefler responded that it did, and that
he,
lAttorney
General's opinion clearlj spike of delibertLive
May& Hilde made the following comments:
1, Plymouth is and his been very open, The Council maintains a
regular meeting schedule. The Council members are very candid
and use established policies and criteria to,a maximum degree
in their decis"on making, The Courcil has no problem and sees
no inctnvenience due to a reasonable open meeting law -- the
only problem comes from an extreme position which would
in some few cases be adverse to the' public interest, For
ev.ample:
a. Strategy sessions re negotiations between the City and
someone over land, property, easements -- any bargaining
situation where the Council is responsible for getting
the best deal for its citizens.
AUDITORS
b, Discussion of personnel type matters, dealing with appointees
or employeaes, of a confidential nature:
c. Informal get-togethers among and between Council members,
members of staff, commissions and friends -- these are good
for relationships, aid teamwork and cooperation, and help
maintain high morale wherein the public servant does better
work for the public,
d. The need far special commattFes,of the Council to function
as a service to the Council and to the ci ti zers ,
OPEN MEETING LAW -
ATTORNEY GENERAL'S
OPINION
Item 7-I
2. It is somewhat inconsistent to place extremely strict standards
upon municipal governments and very loose or non-existent standards
upon the legislative and executive braches of state government --
ih fact, it's more critical for them because they are more out
jf view and more distant, from the public than are municipal officials.
3, Tire Legislature must clarify this situation. In the meantime,
this is only an Attorney Gerteaal's opi niot of the law and not
necessarily the final position. The opinion does, though, seem
to suggest that the law nerds revision.
J,
c
2. It is somewhat inconsistent to place extremely strict standards
upon municipal governments and very loose or non-existent standards
upon the legislative and executive braches of state government --
ih fact, it's more critical for them because they are more out
jf view and more distant, from the public than are municipal officials.
3, Tire Legislature must clarify this situation. In the meantime,
this is only an Attorney Gerteaal's opi niot of the law and not
necessarily the final position. The opinion does, though, seem
to suggest that the law nerds revision.
J,
it v
Regular,Cduntfl Meeting
December 2, 1974
Page 342
LJ
I
4. Our primary duty is to provide our ; ci ti zens with good, honest
government. Results -- not show.
Mayor)Hilde asked Mr. Lefler what the City should do between now
and what the law is amended. Mr. Lefler urged that the Council
follow, the l'aw as closely as passible, and advised the Council
members to be extremely careful in their relations with each other,
Mr. Lefler asked, to add another "problem area" to those cited
earlier by Mayor hi 1 de: discussions betwenn the Council and the
Attorney -- when the, C1 ty is being spied, for example - should be
I
rotected,
Councilman Seibold stated he would be in favor of having a
resolution drafted directed to the City's legislators, metropolitan
bodies, etc, letting them know the Council's position and asking
for modification of the law, He agreed that until there is change,
i t wi 11 be necessary to 1 i ve wi th tKi 1 aw as 1 t i s .
MOTION was made by Mayor Hilde, sece,nded by Councilman Seibold,
to direct the City Manager to preaare a resolution and draft
d letter to seiid to the legislators and appropriate csmnittee
menhers in the Legislature, to the newspapers, and to the two
Leagues of which Plymouth is a memtier. Motion carried, three
kles .
MOTION was made by Councilman Seibold, seconded by Councilman
Spaeth, to adopt RESOLUTYON NO, 74-580, A RESOLUTION APPROVING
AMENDMENT OF THE TRUST AGREEMENT BETWEEN THE CITY AND THE
ICMIA RETIREMENT CORPORATION. Motion carries on a roll call
vote, three ayes.
The Council received a listing of legislative recommendations
from the Association of Metropolitan Munitipalities, of which
Manager Willis pointed out those of particular interest to the
City of Plymouth,
MOTION was made by Councilman Spaeth, seconded by Councilman
Seibeld, to indicate agreement with the legislative recommenda-
tions of the AMM, Motion carried, three ayes,
It *as agreed to hold over consideration of the City Compensation
Plan until the next meeting,
MOTION was made by Councilman Seibold, seconded by Councilman
Spaeth, to adopt RESOLUTION NO, 74-581, A RESOLUTION APPROVING
BOND REDUCTION - ECKLUND-SWEDLUND HOME BUILDERS - IMPERIAL
HILLS ANNEX. Motion carried on a roll call vote, three ayes.
342-
INTE10TIONAL CITY
MANAGEMENT ASSOCIATION
RETIREMENT CORPORA-
TION (TRUST AGREEMENT
AMENDMENT)
Item 7-J
RESOLUTION NO, 74-580
ASSOCIATION OF METRO-
POLITAN MUNICIPALITIES
LEGISLATIVE
RECOMMENDATIONS
Item 7-K
CITY COMPENSATION PLAN
Item 7-L
BOND REDUCTION -
IMPERIAL HILLS ANNEX
Item ;-M
RESOLUTION NO, 74-581
Regular Council Meeting
December 2, 1974
Page 343
MISCELLANEOUS
Councilman Seibold informed the Council that the Metropolitan METROPOLITAN
Transit Comnisslon'snet subsequent to the Council's last TRANSIT COMrIISSIONN
meeting, and awarded the rsquetted rate increase to the Medi-
cine Lake Bus Lines,
MOTION was made by Councilman 'Sei bold, seconded by Mayor Hi 1 de ,
to direct the staff to prepare a' resolution; or whatever formal
procedure is necessary, requesting that Plymouth be removed
from the taxing district of the MTC, Motion carried, three ayes,
Councilman Seibold asked that factual documentation be included,
particularly regarding the lack of seriice to Plymouth citizens,
Mayor Hi1de adjourned the Council meeting at 10:20 P,M,
Lynn Bolnick
Deputy City Clerk
40