Loading...
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