HomeMy WebLinkAboutCity Council Minutes 12-16-1974Page 351
M IA U T'E S
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REGULAR COUNCIL MEETING
December '16, 1974
A regular meeting of the Plymouth City'Co,pciI was called to order:,by Mayor
Hi lde at 7:30 P.M. in the Council Chambers of the Public WoN,•kc Building, 14900
Twenty-third Avenue North, Plymouth, on December 16, 1974.
PRESENT: Mayor Hilde, Councilr^en. Hunt, Neils, Selbold and Spaeth, Manager Willis,
Engineer Goldberg,//III anne' r Dillerud, Attorney Lefler, Consulting Enqineer
Bonestroo, Deputy,/ City i,;lerk Br,inick.
ABSENT: None.
MINUTES
MOTION` was made by Councilman Net ls, seconded by Councilman MINUTES - SPECIAL
Seibold, to approve the minutes of the December 9-i,1974 COUNCIL MEETING
Special Council meetinq. Motion carried, five ayes. DECEMBER 9, 1974
Item 4
PUBLIC HEARINGS
tianacier Willis stated that notice of the public hearings had
been announced through (1) notices ouhllshed in the City's
official newspaper, the Lake Minnetonka Sun. (2) notices
mailed to each Property owner n the lmpiFvement areas, as
identified by the He..nepin County Auditor's tax statement
mailing list, (3) announcements and discussions at Council
meetings, and 4 newspaper write-ups.
Consulting Engineer Bonestroo stated that Project No. 502 -
4apledell Utilities - involves installation of trunk sanitary
sewer to the Mapledell area, together with sanitary sewer,
wafer main and streets to thr, Mapledell First Addition,
as cimated total as:essment cost per lot for Mapledell First
Addition, based on present trea c;.harge rates: $6,677.00.
44yor Ili l de opened the public hearing at 7:45 P. M,
Rev, Gerald 1., Oas, of Greenwood Baptist Church, 31611 Dunkirk
ina, said that the church 1s not directly affected by the
I nerals of %''he project ')eing discussed, but that; it d'rectly
tidy pins M4pIiidq' 1 to thf. north. Ile said that when the church
v11 5 t,"lilt tw k,t ws aqo they had the urtderstandinq that sewer
and water +,riolild e evai',ablel wit;vIr, a ,year or twi, He requested
thot the chur a:'h he addt-A to th*& project on th, far nr oth, No.
I'b( t ,;a tell that A1, churct tau', • bo ad,le?d, ore taut;, ths?rae
as ptntm tjo4.,s t•'ial a afoot. ; t„lti;l vivo t eh'rd the
krli
10 61"211 1 YWkt a W".0 , t0ki tot his f Irm I :j! .
1 Vl m a nary i1 at, t'ar 1 ars; to *-:pie I4 A it ,, Net asked I,hat, they
PROJECT NO. 502
MAPLEDELL UTILITIES
Item 5-A
LAd
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regular:-Councfl Meeting
December 16,1974
Page , 352
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Council hold over the matter until next, month, so that he r,oul d
provide input re potentipl changes, He stated that he was in
favor of the project, and said he would like to see water go through
also. Mr, Bonestroo responded that the changes foreseen are minor,
and the City could proceed with the project and also work with Mr.
io1 sor , re proposed changes, He said there was a possI bi 1 i ty that
water could be added to the project, '
Mayor Hilde closed the public hearing at 8:00 P.M.
Councilman Spaeth stated that he did not thank it would be necessary
to have concrete curb and gutter, Mr. Bonestroo stated that the
concrete would last longer than alternate proposals.
MOTION was made by Councilman Spaeth, seconded by Councilman
Neils,. to adopt RESOLUTION NO. 74-598, A RESOLUTION ORDERING
IMPRnYEMENT AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS -
PROJECT NO. 502 - MAFLEOELL TRUNk SEWER AND WATER AND SEWER
LATERALS IN MAPLEDEL L FIRST ADDITION, ELIMINATING CONCRETE
CURB AND GUTTER AND SPECIFYING SPILL SHIELD TYPE CURB, AS
PRESENTLY ARE IIS THE SOUTH MAPLEDELL AREA.
MOTION was made by Councilman Neils, seconded by Councilman
Seibold, to amend Resolution No. 74-598 to predicate the final
design on three curb alternates, so the three costs cavi be
evaluated. Motion carried, five ayes,
Motion to adopt Res0ition No.
a roll call vote, five ayes,
74-598, as amended, carried on
MOTION was made by Cauncilman Hunt, seconded by Councilman
Seibeld,-that the final plat of the easterly project be coordin-
ated with this project before final plans and specifications
are approved. Motion carried, five ayes.
MOTION was made by Councilman Seibold, seconded by Councilman
Hunt, to directs staff and the Consulting Engineer to qive attention
to the problem 'ass stated by Rev. Oas. Motion carried, five ayes.
Mr. Bonestroo explained that the Council would consider the
improvement of Zachary Lane between. County Road 9 and 36th
Avenue by the installation of a 48'. 9 ton, year-round bitu-
minous stniet, with concraste curb and gutter, water main and
storm sewer, as, Project No. 504, He pointed out one problem,
existence of a g1venhouse in the right-of-way at 36th and
Zachary tare, Est mated costs for street construction,
293,017.25; storm sewer construction, $40,147.26.4 and water
Hain construction, $195,042,2x. Mr. Bonestroo pointed out
the possiuility of State Aids being used for street construc-
tion,
Councilman Neils stated that the Council might consider inter-
section channelization, or an offset, at the south end of
Zachary Lane, Engineer Goldberg replied that it wcul d be
1903
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RESOLVION NO. 74-598
PROJECT NO. 514 -
ZACHARY LANE STREET
AND STORM SEWER
Item 5-B
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Regular Coup Meeting
December 16, 1974
Pa9e 353
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better to continue Zachary, Lane to 36th, and that the area to the south of 36th ,
be offset to the west,
Councilman Neils stated that if Zachary Lane is completed to an urban section,
it will carry assessments that will accelerate development, He asked/ff plans
should include street crossings of trunk sewer to serve the area south of Zachary.,,;
Mr, Bonestroo replied that 1f, inform4tion is available, it will be/included,
Councilman Hunt stated concern about a total urban section at this time, because
platting has not taken place. He suggested goilig with a rurdl design, with a
full base, stating that the City could then comeback at a/later point 1n time,
after of atti ng is done, with a full prat, It would be /t ton road until the
final mat, after which it will be at the 9 ton level,,. Mr. Bonestroo agreed
tht this could be done and might be preferable.
yor Hilde opened the public hearsr-g at 8:25 P;M.
Merift S. Mark, 10730 Union Terrace Way, asked -when the assessment hearing woa_ld
e hest!, Mayor Hilde and Councilman Hunt explained the '. uncll policy, wherein
assessment hearings are held when costs are 'in, Mr, Mark stated that he was in
favor of ILhe project.
Dick Katzmarek, 3520 Ease Medicine Lake Pivd., spoke against the project, He was
concerned about the potential traffic ca0sed by a 9 ton road. He said he would
want a diversion of traffic. Manager Willis and Council members pointed out that
she Council was considering means of diverting traffic,
Dean Johnson, 3190 East Medicir: % Lake Blvd„ presented a petition signed by 43
residents of the area, which s-cated;opposition to the construction of Zachary
Lane as a direct extenslovi of East Medicine Lake Blvd, Mr, Johnson also cited
traffic flow as a major concern. He asked that there be attempts to discourage
traffic down East Medicine Lake :slvd„ because of the potential hazard situation.
ye mentioned the possibility 1f; stop signs to slow down traffic, Mr, Johnson,,,,
also questioned the effect the regional park would have, aski fiq if this would be
the best way tc bring triffic An.
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Dick Jewett, 5813 Winnetka, spoke ,n behalf of his mother, Florence Jewett, who owns
14,15 acres slang Zachary Lane, frorii County Road 9 extending east to Lost Lake,
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Mr, Jewett asked the pr,)cedure for ri ht-of-way acquisition, Mayor H1 lde explained that
the Ci ty negotiates in good faith with the property owner,, 7f a sats sfac,'ory arrange-
ment cannot be agreed upon, condemnation proceedings take p%ce, through which a
Judge determines the amount the City owes, Councilman Hunt pointed out that the
costs then go into the amount to be assessed,
Mr. Jewett asked if t Ore have been developm int plans on either side of the projdct,
Manager WIllls c°ted the Mission Development ,ind a single family plat to the south.
Mr, Jewett: vvad a letter from his mother, which he submitted for Council review.
Citing difficulty at selling the land under the current zoning, and inability to
meet the anticipated assessment cost, Mrs. 'Jewett requested a vvzonlnq of her property
to allow for retail busine•,s development.
Ronald Maxwell, 2630 East Medicine Lake Blvd,,, representi nq the Association of
Medicine Lake Area Citizens, spoke ahalnst the proposaI'in its present form.. He
0
Regular Council Mettlri§
1
Decem354r 1F,. 1.974
g
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ske i that the Coi ncil defer action until a solution to the, traffic problem can
found. Hp;aiso asked that the Council =reconsider the alignment of Zachary
Ls 1n the missyan pr6pert;
Peter Pflaum, 1055 -East Wayzata Blvd„, representing the,,MissiPartnership, stated
that he was in favor of the proe j.t, but would like to see the' street done as a
rural section-. He suggested that the effect df the proposed regional park on the
street should be studied before a final decision is made.,
RMayor Wilde asked Mr, Pflaum if his firm would want sewer, Installation. Mr. Pflaum
replied that Lundgren Etrothers is plannirig _eevelopment, bqt cannot answer the question
at this time.
y
Dennis Nygren, 11115 Rockford Road, said he believed the Mission Partnerchip should
absorb sone' of the cost, and the City of Plymouth” should absorb a large share, Mayor
Hilde explained that this was not -.,the appropriate tine to discuss assessments,
but that there would be an opportunity to do so at ar assessment hearing after
costs are drtermlnea.
Be gni ce Johnson, 18 Kaiser Avenue, )said she owns 29 ; cres bordering Zachary Lane,
and share!t the concerns expressed by Mr. Jewett earl:,er, She asked if the road
would be Oid for by MSA funds. Mayor Wilde stated that tr7at was a possibility,
ft..ohnsOn acknowledged that the improvement wcdld be an asset to the City.
Linda Fi s fere, 10815 40th Avemie, spinke against the offset in the street,
One fetter was received re Project No, 504. The letter from Metro Development
Corp,,asked questions about assessment procedure.
Mayor itilde closed the public hearing at 9:03 P,M,
Councllm n Hunt said he still felt there was a need for the roadway, but would
prefer thAt it not be urban section at this time,
Councilman Seibold suggested that the Council might ;postpone action, He stated
that condltigns which called for inclusion of this project in the CIP have changed.
Anticipated ee_telopment has not as yet materialized, and the proposed regional
park adds a ntv dimension,
Councilman Neil': spoke in savor of proceeding, citing the heavy current use of
36th Avenue and levelopment cominq into tie area.
Councilman Spaeth agreed that the project should take place, and that it should
be a 7 ton road,, h'e also agreed that an offset should be constructed to the south,
MOTION was made by Councilman Neils, sercnded by Councilman
Spaeth, to adopt RESOLUTION N06 74-5990 A RESOLUTION ORDERING
IMPROVEMENT A4 PREP!'XATION OF FINAL PLANS AND SPECIFICATIONS -
PROJECT N0, 504 - 'ZACHARY LANE STREET AND STORM SEWER, CALLING
FOR A SrVEN-TON RURAL SECTION FOR THE INITIAL STREET CONSTRUCTION,
Councilman Hur,4 commented that Access for the regional park
will have to be off County Road 9, He also stated that the
street shoulJ be constructed as straight as possible, with
354-
RESOLUTION NO, 74599
1
J
ske i that the Coi ncil defer action until a solution to the, traffic problem can
found. Hp;aiso asked that the Council =reconsider the alignment of Zachary
Ls 1n the missyan pr6pert;
Peter Pflaum, 1055 -East Wayzata Blvd„, representing the,,MissiPartnership, stated
that he was in favor of the proe j.t, but would like to see the' street done as a
rural section-. He suggested that the effect df the proposed regional park on the
street should be studied before a final decision is made.,
RMayor Wilde asked Mr, Pflaum if his firm would want sewer, Installation. Mr. Pflaum
replied that Lundgren Etrothers is plannirig _eevelopment, bqt cannot answer the question
at this time.
y
Dennis Nygren, 11115 Rockford Road, said he believed the Mission Partnerchip should
absorb sone' of the cost, and the City of Plymouth” should absorb a large share, Mayor
Hilde explained that this was not -.,the appropriate tine to discuss assessments,
but that there would be an opportunity to do so at ar assessment hearing after
costs are drtermlnea.
Be gni ce Johnson, 18 Kaiser Avenue, )said she owns 29 ; cres bordering Zachary Lane,
and share!t the concerns expressed by Mr. Jewett earl:,er, She asked if the road
would be Oid for by MSA funds. Mayor Wilde stated that tr7at was a possibility,
ft..ohnsOn acknowledged that the improvement wcdld be an asset to the City.
Linda Fi s fere, 10815 40th Avemie, spinke against the offset in the street,
One fetter was received re Project No, 504. The letter from Metro Development
Corp,,asked questions about assessment procedure.
Mayor itilde closed the public hearing at 9:03 P,M,
Councllm n Hunt said he still felt there was a need for the roadway, but would
prefer thAt it not be urban section at this time,
Councilman Seibold suggested that the Council might ;postpone action, He stated
that condltigns which called for inclusion of this project in the CIP have changed.
Anticipated ee_telopment has not as yet materialized, and the proposed regional
park adds a ntv dimension,
Councilman Neil': spoke in savor of proceeding, citing the heavy current use of
36th Avenue and levelopment cominq into tie area.
Councilman Spaeth agreed that the project should take place, and that it should
be a 7 ton road,, h'e also agreed that an offset should be constructed to the south,
MOTION was made by Councilman Neils, sercnded by Councilman
Spaeth, to adopt RESOLUTION N06 74-5990 A RESOLUTION ORDERING
IMPROVEMENT A4 PREP!'XATION OF FINAL PLANS AND SPECIFICATIONS -
PROJECT N0, 504 - 'ZACHARY LANE STREET AND STORM SEWER, CALLING
FOR A SrVEN-TON RURAL SECTION FOR THE INITIAL STREET CONSTRUCTION,
Councilman Hur,4 commented that Access for the regional park
will have to be off County Road 9, He also stated that the
street shoulJ be constructed as straight as possible, with
354-
RESOLUTION NO, 74599
E
Regular Council Meeting
December 16, 1974
Page 355
1
variation only due to land contours, He prefered
parkway (East Medicine Lake Blvd.) to the west,
a jog to the
Mr. Bonestroo said he mould recommend moving the parkway west,
as opposed to a shift of Zachary Lane,
Councilman Neils asked if channelization, with an island. to
discourage straight shot traffic, might be considered as an
interim solution, Mr. Bonestroo said that would be difficult,
He pointed to the intent to divert,traffic onto 30th.
Councilman Neils expressed concern re the sight problem at the
greenhouse at 36th and Zachary. Engineer Goldberg said that
staff is looking into this, that stop signs might be considered,
Mayor Hilde explained how this project fits into the entire
improvement/development picture, He said the northeast area of
the Cigets top priority because (1) County Road 18 is finished
now; (Z water pressure Problems in the area have demanded
the projects; (3) specific development pressure has taken place;
and (4) the telephone building is going in,
Motion to adopt Resolution No. 74-599 carried on a roll call
vote, five ayes,
MOTION was made by Councilman Neils,, seconded by Councilman
Hunt, to direct the staff to coordinate the alignment of the
major water trunk to the fullest extent possible, to serve
lateral benefit in the Mission Development. Motion carried,
five ayes,
MOTION was made by Councilman Hunt, seconded by Councilman
Neils, to direct staff, with the Consi I ti ng Enqi neer, at the time
of final plans and specifications,, to show designs as to how
the intersection south of 36th Avenue might be designed as a
separate project, Motion carried, five ayes.
Mr. Bonestroo explained that Project Pio.
Utility and Street Improvements - calls
sewer and water l uti 1 i ti es together with
for the Schmidt Lake area,
505 - Schmidt Lake
for the extension of
street improvements
Mayor Hilde noted that the citizens of the Schmidt Lake area
have for some time requested sewer because of damage to the lake
from sewage. He said the question was what to do with the land
in-between,
Mayor Hilde opened the public hearing at 9;48 P.M,
Mr, R. Meyer, 11960 45th Avenue North, asked when new County
Road 9 would be completed, Councilman Hunt stated that he
did not know, but that is not projected in the County's five
year proqram,
355-
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PROJECT NO, 505 -
SCHMIDT LAKE UTILITY
AND STREET IMPROVEMENT
Item 5-C
i
U
Regular Council Meeting
December 16, 1974
Page 356
Mr. Meurer referred to the problem of access off larch Lane onto County Road 9,
gineer Goldberg stated that the city would be only black -topping the road with
this improvement, that it will not be the same intersection when the new County
Road 9 is completed,
Mr, Meyer - .,,.ed why concrete :urh ens gutter would be used on cul-de-sacs. Mayor
Hila explained that City Ov% !-oiance requires concrete curb and gutter, that it is
much cheaper it the long -run,
Tim Marr, of the Hennepin County Park Reserve District, stated that If the regional
park becomes a reality, the sewer needs could be different in the area from those
indicated by the proposed PUD, He asked that the Council wait for an answer on the"
park's fate before el"dering the improvement,
0
Mr. Bonestroo said that the amount of charge would be minimal. because i,t is a
trunk sewer and not a lateral, He recommended against the delay because of the
uncertainty in the park situation.
HarWReimer, 4425 Larch Lane, asked how the project would be assessed, Manag.:r
Willis explained that the street would usually be assessed on c front foot basis,
Since Mr. Reimer's propetty is subject to Green Acres, the assessments would be
deferred,
Peter Pflaum (address stated above asked about assessments, Mayor Hilde explained
that area charges are reviewed annually, Next year, the Council is giving consideraw
tion to increasing the acreage charges for sewer and water,
Mr. Pflaum stated ccincern about the laterals, He asked if there was any flexibility
re alignment of the sewer trunk, Councilman Hunt explained that flexibility was
limited by the contour of the land,
Mayor Hilde stated tnat he would 1iko t, :^e the maximum amount of coordination
between City staff and developer,
Jerry Harrington, 12110 45th Avenue North, said he was in favor of the project, and
asked when it would be started and completed, ElW sneer Goldberg replied that It
would be begun in early spring, with completion planned for the fall of 1975, except
final street paving,
Mr. Klingel, 4710 Larch Lane, asked how
to the utilities,, Reply: two years,,
long the citizens would have to hook-up
Loring Stern, 1,1970 45th Avenue, spnke in favor of movino ahead with the project,
He said it would be a Good time to bid the project in the spring,
Mayor Hilde closed the public hearing at 10:17 P.M.
iiOTION was made by Councilman Seibold, secohIded by Councilman
Hunt, to adopt RESOLILITION NO. 74-600, A RESOLUTION ORDERING
IMPROVFMENT AND PREPARATION OF PLANS ANn SPECIFICATIONS -
PROJECT NO, 505 - Si,NPt'nT LAKE UTILITIES,
Mayor Hilde ex, ressed concern re the imnediato cash deficit
of $105,000. He tasked if this was taken into account in the
CIP. Manager Willis replied that it was, that Green Acres
was provided fort
RESOLUTION NO, 74-600
9
Regular Council Meeting
December 16, 1974
Page 357
Mayor Hilde asked that the staff provide comparatime figures,
between the project costs and the CIP estimates, and a running
status report,
Motion to adopt Resolution No, 74-600 carried on a roll call vote,
five ayes,
PETITIONS TS AND COMMUN I CAT I0?1S
Mayor Hilde stepped down from the Council table at 10:35 P,M,,
before consideration of the Be1Mar Builders/Satellite Industries
request.)
BELMAR BUILDERS
CONDITIONAL USE PERMIT
SATELLITE INDUSTRIES
Item 6-A
The Planning Commission reviewed and recommended approval of a
request by BelMar Builders for a Conditional Use Permit for Satellite
Industries Inc, to operate a manufacturing andprocessing enter-
prise in their building at 2530 Xenium Lane, subject to the conditions
cited in the December 10, 1974 staff report,
MOTION was made by Councilman Spaeth, seconded by Councilman
Seibold, to adopt RESOLUTION N0, 74-CO1, A RESOLUTION APPROVING
CONDITIONAL USF PERMIT - SATELLITE INDUSTRIES/BELMAR BUILDERS,
Motion carried an a roll call vote, four ayes,
Mayor Hilde returned to the Council table at 10:38 P.M.)
The Planning Commission reviewed and recommended approval of
request of Hettye J. Pacyga for renewal of a Conditional Use
Permit to continue operation of a beauty shop in her home
at 805C Lanewood Lane, subject to the conditions noted in the
December '3, 1974 staff report,
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RESOLUTION NO. 74-601
the HETTYE J. PACYGA -
CONDITIONAL USE PERMIT
Item 6-A
MOTION was made by Councilman Spaeth, seconded by Councilman
Seibold, to adopt RESOLUTION N0, 74-602, A RESOLUTION APPROVING
CONDITIONAL USE PERMIT FOR HETTYE J. PACYGA,
Ms, Pacyga expressed concern re the on*street parking prohibition.
She said rthe advises her customers not to use the street,, but that
occasionally someone will, She said she can only handle three
customers at any given time,
MOTION was made by Councilman Neils, seconded by Councilman
Spaeth, to amend Resolution No, 74-602 by re -wording condition
1 cis follows: "There be no on -street parking beyond that usual
for a single family residence," Motion to amend carried, five
ayes,
Motion to adopt Resolution No. 74-6n2, as amended, cirried on
a roll call v3te, five ayes,
The Planninn Commission reviewed and recommended approval of
the request of Stobbe Develo ment, Inc, for approval of Final
Plat and Development Contrac for Stobbe's First Addition#
357-
RESOLUTION NO, 74-602
FINAL PLAT ANu
UEVELOPMENT CONTRACT -
STORBE DEVELOPMENT INC,
ft STOPRE S IST ADDITION
I tem 6s- D
Regular Counclll 4eeti ng
December 16, 1974
Page 358
subject to the conditions cited in the staff report of December
11, 1974.
MOTION was made by Councilman Seibold, seconded by Councilman
Hunt, to adopt RESOLUTION NO, 74-6031, A RESOLUTION APPROVING
FINAL PLAT AND DEVELOPMENT CONTRACT FOR STOBBE'S FIRST ADDITION,
PER REQUEST OF STOBBE DEVELOPMENT, INC, Motion carried on a
roll call vote, five ayes,
MOTION was made by Councilman Hunt, seconded by Councilman
Seibold, to adopt RESOLUTION NO. 74-604, A RESOLUTION SETTING
FORTH CONDITIONS TO BE MET PRIOR TO SIGNING BY CITY OFFICIALS
OF FINAL PLAT AND DEVELOPMENT CONTRACT - STOBBE'S FIRST A^QITION,
MOTION was made by Councilman Hunt, seconded by Councilman
Seibold, to amend Resolution No. 74-604 by adding condition 014,
That all necesr-,My storm drainage easements be conveyed by
separate easemen'. Motion carried, five ayes.
Councilman Neils asked if staff had researched the circumstances
of sewer and water area assessments for property in the proposed
plat. Reply: no.
Motion to adopt Resolution No,, 74-604, a; amended, carried on a
roll call vote, five :yes.
MOTION was made by Councilman Neils, seconded by Councilman
Spaeth, to direct staff to research the property in the enclosed
plat for oLitstandinq utility area charges prior to finalization
of the Development Contract. Motion carried, five ayes.
REPORTS OF OFFICERS, BOARDS ANP COMMISSIONS
Manager Willis recommended to Council that rather than requesting
release from the Metropolitan Transit Commi ss+ on tax :.ig district,
greater service might 'Je provided the citizens by encouragi nv
the MTC to assure Plymouth residents of the same kinds of service
Plymouth's neighbors are enjoying,
Lorinq Stdples, of the MTC, stated that Plymouth is
com,.iuni ty in the taxing district not recei vi nq any
although some Plymouth residents make use of lines
communities,
the largest
service,
in neighboring
Mr. Staplos presented a brief history of MTC service and the
rel ati onshi D between the Medicine Lake Rus Lines and t, io MTC.
He said that the Ml's: could provide service to Plymouth, with
some encouflogeirent from the Counci 1,
Mayor Hi lkie expressed concern re t iv amount Plymouth is spends nn
toward support of the MTC, while recnivinq no benefit at all,
MOTION !vas Pince by Counci linar. Hutt, sccnnded by Counci lman Nei I's,
to adopt a r -solution a!kinq khat the State Le0sloture exempt the
RESOLUTION NO, :14-603
RESOLUTION NO, 74-604
METROPOLITAN
COMMISSION
Item 7-C
3
TRANSIT
A
December
Page 359
ri _Ibl
16, 1974
Property owners of the City of Plymouth from the MTC taxing
di s tri ct or provide the citizens of Plymouth with MTC services
commensurate with taxes collected,
Councilmen Spaeth and Seibold disagreed, saying they would prefer
a more positive approach, Councilman Seibold said that he would
rather see a resolution stressing more arguments, such as the
number of employees in the industrial pa rl., and the fact that
the Metropolitan Council has said that Plymouth is the fastEst
growing community, He said he would want only a request for
service from the MTC stated in the resolution, and not a request
for exemption from the taxing district at this time,
SURSTiTUTE MOTION was made by Mayor Hilde, seconded by Councilman
Spaeth, to direct the staff to re -draft a resolution that would
1) be in a positive vein, (2) beef -up the arguments for why we
need more service, (3) mention that the taxes Plymouth residents
pay represent a high percentage of the City budget, (4) retain
that portion of Councilman Hunt's motion which asks for services
commensurate with taxes collected, (5) emphasize the problem
of fare inequity, and (6) encourage them to deal fairly and
negotiate on the purchase of the private company that has served
Plymouth. Motion carried, five ayes.
PETITIONS, REQUESTS AND COMMUNICATIONS I Contd,
U
The Planninq Commission reviewed and recommended denial of the CLYDE JORGENSON -
request of Clyde Jorgenson for lct division of unplatted property, LOT DIVISION
based on the reasons cited in the December 10, 1974 staff report, Item 6-E
It was explained that Mr. Jorgenson purchased the property
Within the past year from Mr, Albert C, N6son, Mr. Nelson
did not advise Mr. Oor?enson of a lot consolidation/lot di vi s i oo
that had been effected prior to the sale. The lot, as originally
Purchased, was not equal to the newly created lot, The second
portion of the lot was later purchased by Mr, Jorgenson. In the
meantime, Jorgenson sold his home and received VA approval
fo" a loan build, based on the original lot purchased. He
feared that re-processinq through the VA would take so long as
to not allow him to build on the land as planned, By dividing
the land again, he could build on the parcel approved by the
VA. It was his intent to later consolidate the parcels again,
and not to build or, the smaller parcel,
MOTION was made by Cot.+;icilman Seibold, seconded by Councilman
Veils, to adopt RrsOLUTION N.O. 74-605, A RESOLUTION APPROVING
1.01 DIVISION - CLYDF R, JORGENSON, Motior Carried on a mill
0all vote, five ayes.
MOTION was Made b,, Councilman ilei 1s, secanc,ad by Councilman
Spaeth, to adopt RESOLvION NP. 74406, A kESnLUTION SETTING
FORTH CONIII TIONS T1 BF NIFT PRIOR TO FILING WITH NO NNEPIN
COUNTY OF RESOLUTION NO. "4405, Motion carried on a roll
call vote, five ayes.
359
i
RESOLUTION NO, 74-60_5.
RESOI urioN N0,
fir., N
I
11
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Regular Council Meeting >>
December 16, 1974
Page 360
MOTION #as made by Councilman Neil, seconded by,Councilman
Hunt, that the staff be directed toyresearch the proper legis
lative recommendation to avoid the difference in approval of
registrations by the Register of Dees as opposed to the County
Auditor. Motion carr! ed, five ves , t t
1
The City had received a request from Steenberg Structures, Inc.
for approval of a lot division prior to site plan approval,
because of private contractual obligations.
MOTION was made by Councilman Neils, seconded by Councilman
SWiold, to adopt RESOLUTION h0. 44-607, A RESOLUTIO°l APPROVING
SUBDIVISION STEE,NBERG STRUC'TURE'S, INC. \iMotion carrieo.4on a
roll call vote, five ayes .
1
MOTION was made by Councilman Nei s, seconded by Coun0 linak '
Spaeth, to adopt RESOLUTION NO. 74 -608,. A RESOLUTION CLARIFI'ING'
THAT APPROVAL OF THE SUBDIV'SION 16OR STEENBERG STRUCTURES, INC.
HOES NOT, PRE -JUDGE OR GRANT; ' APPROI AL OF SITE PLAN SUBMITTED,
Motion carried, fiveayes. >>
REPORTS OF OFFICEkN {JS AND CO MISSIONS (contd. )
Mr. Oi va Pentt tl a and Mr' Ken Jaeb', of the firm of Moen and
Penttila, appeared before the Council to discuss procedure
and Council/auditor rpl.itionshi ps -for the 1974 audit..
Councilman Soibold reviewed those items he had previously,
discussed with Mr. Pentti la : (1) the Council's concern re
1ommunication - the line of communication should be with the
Council; the Council %lou l d expect periodic reports, and would
want to be aware of any problems; (2) a proposed timetable,
wi-i ch Mr. Pentti 1 a w:is corfi dent they could meet; and (3) the
possibility of a mini -audio', in mid -1975,
May ;r Hi 1 de elaborated o, the Council's requirement for direct
coi muni cation, He pc! rated olat that t.te, Council members want to
be i ,tformed immedifitely If Any problems dxist. He said that if
problems develop which call for additional expenditures of
time %ind/or money, the Council should be consulted before such
take place,
i
STEENBERG CONSTRUCTION
LOT ZIVISION
RESOLUTION NO. 74407
Councilman Neils expressed concern re the practice of some
firms in trying to change the 0counti ng procedures of a City
to conftrm with some sy:,tem they, prefer, lie said that Plymouth
would t1ther hoer the auditors conwrits than allow for the auditor
to be ching'ng things. ter, Pentt-ila agreed, and stayed that
his firm ,,ubmits an administrative report, with suggestions and
recommend6 f i otis,
Councilman N0 is said he woWd like to see interim reports during
the course i t the audit, approximetely once every three weeks,
Mayor Hi 1 de. ,ind Councilman 5ei boU, disagreed with the need "oe
1
OESOLUMN N0,74408
19741 AUDIT
it" 7- B
0
C
ri
t
i
STEENBERG CONSTRUCTION
LOT ZIVISION
RESOLUTION NO. 74407
Councilman Neils expressed concern re the practice of some
firms in trying to change the 0counti ng procedures of a City
to conftrm with some sy:,tem they, prefer, lie said that Plymouth
would t1ther hoer the auditors conwrits than allow for the auditor
to be ching'ng things. ter, Pentt-ila agreed, and stayed that
his firm ,,ubmits an administrative report, with suggestions and
recommend6 f i otis,
Councilman N0 is said he woWd like to see interim reports during
the course i t the audit, approximetely once every three weeks,
Mayor Hi 1 de. ,ind Councilman 5ei boU, disagreed with the need "oe
1
OESOLUMN N0,74408
19741 AUDIT
it" 7- B
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Regullar Ccunci Meeting
December 61, 1 74
Page 361
1
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reportsthat fn uently, Councilman Seibold suggested that
there bb a repo, t February 15, and a progress report March;,15,
There MIfas agreen nt , to that effect,
Mr. Pe- tti 1 a ask,bd for notification of any specific areas the
Counci is concerned about,, Areas stated were sp+tclal asset,sments)
sinkir g' fund bala,nce and bond payments,, Mayor.. Hide also staid '
he woOl d like to know how well that staff hat done,'i n facilitating
the recommended changes from the hast audit, and whit additional
th i nO the cu rren'' aydi tors have In mind,
Counci lmen Net; is waked that when the auditors reach, -the point
of) adopting a formal format for their' report, they ,m ght let the
Courici 1 know the fbrmat they intend touse.. Mr. Pentti l a agreed,
saying that the rPpo.rt is the City °,s report and the l r only
concern is rpgardi Ng proper disclo;ures, proper accounting
procedures etc,
PETITIONS, REOUB(S AND C041UNICATIONS contd,
MOTION wps made b)t Councilean Hunt,;seconded by Couw,-ilman
Seibold, a adopt RESOLUTION NO. 74409, A RESOLUTION APPROV-
ING REQUEST rUR PAYMENT NO, 3 - PROJECT N0: 401 - NORTHEAST
INTERCEPTOR, 4otion carried on a roll call vote, five ayes.
MOTION was made by Councilman Setbolcl, seconded by Co4,ncilman
Neils, to adopt RESOLUTION N0, 74410, A RESOLUTION APPROVING
REQUEST FOR PAYMENT NO, 3 (FINAL) = PROJECT NO, 301-001 -
XENIUM LANE AND 15TH AVENUE STREET IMPROVEMENT, Motloii carried
on a roll call vote, five ayes,
WIT ION was made by Councilman Hunt, seaondeo 'by t oUnd lrmn
Seibold, to adopt RESOLUTION N0,744111, A RESOLUTION APPROVING
REJUEST FOR PAYMENT NO 3 - PROJECT NO, 302 - !t.,-IATER TREATMENT
PLANT. Motion carries on a rol i call up.e, five ayes.
MOTION was trt4e by Councilman Seibold, seconded by Councilman
Ilunt, to adopt RESOLUTION NO, 74-612, A RESOLUTION APPROVING
REQUEST FOR PAYMENT NO, 4 - PROJECT NOS, 404 AND 405 - NATHAN
LANE AND 10TH AVENYE STREETS, Motion carrlpd on a roll call
vote, five ayes.
MOTION was made, by Councilman Hunt, seconded by Councilman
Spaeth, to adopt RESOLUTION N0, 74413, A RESOLUTION APPROVING
REQUEST FOR PAYMENT
NO, 3 - PROJECT NO,
4011,m NE INTERCEPTOR
REQUEST FOR PAYMENT NO,
3 (FINAL) -,PROJECT NO.
301401 - XENIUM LANE
AND I5TH AVENUE STREET
IMPROVEMENT
Item 6•C(b)
RESOLUTION NO, 74410
REQUEST FOR PAYMENT NO,
3 - PROJECT N0, 302 -
WATER TREATMENT PLANT
Item,6-C(c)
RESOLUTION NO, 74411
REQUFST FOR PAYMENT NO,
0 " PROJECT NOS, 404 AND
405 - NATHAN LANE AND
10TH AVENUE STREETS
Item 64 (d)
3 - PROJECT N0, 402 -
NE TRUNKWATER MAIN
I Gcnl161T1{{AN) Nn . 7440
Regular Council Meeting
r December 16, 1974
Page 362
l A,.
RE4VEST FOR PAYMENT'N0. 3 - PROJECT N0. 402 - NORTHEAST
TRUNK WATER MAIN, Motion carried on' a roll call vote, five
ayes,
MOTION was made by Councilman Seibold, seconded by Councilman REQUEST FOR PAYMENT N0.
Neils, to adopt RESOLUTION NO, 74414, A RESOLUTION APPROVING 5 - PROJECT NO. 305 -
REQUEST FOR PAYMENT NO, 5 - PROJECT NO, 305 - VICKSBURG LANE VICKSBURd LANE STREET
STREET IMPROVEMENT. 'Motion carried,on a roll call vote, IMPROVEMENT
five aYes. Item 64(0,
4SOLUTION NO. 74614
MOTION was made by Councilman Spaeth, seconded.by Councilman REQUESTiFOR PAYMENT N0,
Hunt, to adopt RESOLUTION NO. 74-615. A RESOLUTION APPROVING 4 W PROJECT NOS. 408
REQUEST FOR PAYMENT NO, 4- PROJECT NOS, 408 AND 409 '- 34TH AND 409 --34TH-AVENUE
AVENUE STREET IMPROVEMENT AND 36T1 AVENUE SIDEWALKS, Motion STREET IMPROVEMENT AND
carried on roll call vote, five Oyes, 36TH AVENUE SIDEWALKS
Item 64
RESOLUTION)NO, 74415
MOTION was made by Councilman Seibold, seconded by Councilman CHANGE OLDER N0. 2 -
Neils, to adopt RESOLUTION NO, 74-616, A RESOLUTION APPROVINA, PROJECT IVO. 305 -
CHANGE ORDER NO, 2 - PRQJECT N0, 305 - VICKSBURG LANE STREET VICKSBURG LANE STREET
IMPROVEMENT, Motion carried on a roll call vote, five ayes, IMPROVEM,NT
Item 644)
RESOLUTI(A NO. 74-616
MOTION was made by Counci 1 mah Neils. seconded by Councilman, CHANGE ORDER NO,, 1 -
Hunt, to adopt RESOLUTION NO. 74617, A RESOLUTION APPROVING PR9'JECT NO, 307 -
CHANGE ORDER NO. 1 - PROJECT NO, 1.1)7 RADISSON INN FRONTAGE RADISSON INN FRI)NTAGE
ROAD CONSTRUCTION, Motion carriL6 on a roll call vote, five ROAD CONSTRUCTION
Ayes., Item 64(b)
RESOLUTION NO, 74417
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
MOTION was made by Councilman Hunt, seconded by Councilmai;
Neils, to adopt RESOLUTION NO, 74-618, A RESOLUTION ACCEPTING
ICE SKATING EASEMENTS, Motion carried on a roll call vote,
five ayes,
MOTION was made by Mayor Hilde, seconded by Councilman Spaeth,
to adopt RESOLUTION 40. 74-619, A RESOLUTION URGING THE MINNE-
SOTA I.FGISLATURF ANA GOVERNOR ANDERSON TO CONSIDER AMENDMENTS
TO THE OPEN MEETING LAW,
MOTION was made by Mayor Hilde, seconded by CoLmcilman Hunt,
to amend Resolution No, 74419 as follows:
Paragraph 2 should be re -written tP read artfollows:
4FRFAS, the, 1 aw as presently written is extreme in
SXA,TING EASEMENTS
m 7-A
R --SOLUTION. NO, 74418
011EN MEETING LAW
Item 7-D
RESOLUTION NO, 74419
7
A
Re441ar=Council Meetinq
December '16,' 1974
Page 363
J '
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a few areas and does not afford local elected officials
an° appropri ate ftree of fl'4i M l i ty i n ,thy conduct of
their offs ci ai dut,,j*s , which flexibility is essential
to order that 6e'p,ublic"may be served,"
No. 1 should be re -written to read as follows: "Sessions
developing.a strategy concerning nbgotiations between
elected representatives and public or private parties;;
regarding such i matters as_the,purchaso of land or ease-
ments or other;'contOicts when public,disclosure might other-
wi se 'create ads 14 ti on'l expense to the ci,ti zens . "
No. 2-'shoul& -'be re -written 'ib read :at follows: "Discussions
of personnel matters 'concerning citizen appointments, employees
ar i, the development of collective bargaining strategy."
No. 3 should be re -written to read as fol l m : "Informal
get-togethers among and between Council members, members
of -the staff and members of boards and commissions in order
to promote good communications and favorable working
relationships between the parties as opposed to discussing
specific issues currently being heard before the Council
and/or board, "
No. 4 should be re -written as follows: "The work of special
committees of the Council which may be appointed from time
to time to carry out certain tasks of the Council, e.g. re-
viewinq special assessment rolls for accuracy prior to the
public hearings, attendi,ng public agency meetings at which
City business is discussed, preliminary interviews with
potential auditors, consultants and othf,Ms wishing to do
business with the City,"
Motion to amend, carried, five ayes.
Motion to adopt Resolution No. 74619, as amended, carried on a
roll call vote, five ayes.
MOTION was made by Councilman Seibold, seconded by Councilman
Neils, to adopt RESOLUTION N0, 74-620, A RESOLUTION APPRAVING
INCREASES IN COMPENSATION FOR THE POLICE CHIEF AND THE DIRECTOR
OF PUBLIC WORKS/CITY ENGINEER, Motion carried on a roll call
vote, five ayes.
It was the recommendation of the City Manager that the C,+ty's
Personnel Policy be amended to grant 15 days of vacation
after five years of service.
MOTION was made by Councilman Neils, seconded by,Councilman
Spaeth, to deny the requested amendment to the City's Personnel
P0 i CAV.
363-
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COMPENSATICN PLAN
AMENDMENTS
Item 7-E
RESOLUTION NO. 74-620
PERSONNEL POLICY
AMENDMENT
Item 7-F
1
RegularCdunci l Meeting ° O
December 16, 1974
Page 36'
J
Councilman Seibold stated that it might be preferable to..4elay
ac'ei on on thi s 1 tem unti 1 other amendrpents to the Personnel -_
Policy are considered.
MOTION was made by Mayor Hilde, seconded by Councilman Seibold,
to amend the motion to f6dicate that the requested amendment,
be deferral until skich time as overall amendments to the Personnel
Policy' are consl dered, Motion to amend carried, five ayes.
Main motlon as amended, carried, five ayes,
Council noted receipt of'a staff memorandum re Metropolitan
Sewer Board debt servi-e, They indicated that,they preferred
to pay the Sewer Board Dill through user charges rather than
property taxes,
Council noted receipt of a staff memorandum re the Metropolitan
Council District 11 representative selection, Mayor H1 lde _ urged
Council members to attend Tuesday evening's meeting on the sub-
Jett in the Minnetonka City Hall Council Ch ambers ,
MOTION was made by Councilman Spaeth, seconded by Councilman
Neils, to adopt REsnLUTION N0.44421, A RESOLUTION ACCEPTING
8I0 - PROJECT NO, 507 - WELL NO, 4, Motlon'carrled on a roll
call vote, five ayes,
MOTION was made by Councilman Seibold, seconded by Councilman
Neils, to adopt RESOLUTION NO, 74-622, A RESOLUTION APPROVING
PLANS AND SPE.CIFICATIONS AND ORDERING ADVERTISEMENT FOR BIOS -
PROJECT NO, 304-001.,- 4UGHES-JOHNSON ADDITION'STREETS, Motion
carried on a roll call vote, five ayes,
MISCELLANEOUS
MOTION was made by Councilman Hunt, seconded by Councilman
Neils, to adopt RESOLUTION NO, 74423,1 A RESOLUTION APPROVING
PAYMENT FOR EASEMENTS TO ST, PAUL COMPANIES, Motion carried
on a roll call vote, five ayes,
Manager Willis informed the Council that he had received letters
from local 49 and the State Board of Mediation reporting
that an impasse had been reached and that the union had
requested binding arbitration, Because it is not a new
contract that 1s being considered, there, is some question
whether the Stag statute re binding arbitration applies.
The matter is currently being looked into by the City Attorney,
36A-
METROPOLITiAN SEWER
BOARD,- LEVY F^R DEBT-
SERV:CE ,,
Item 7-G
METROPOLITAN COUNCIL:
Di:iTRICT 11 REPRESEN-
TATIVE
Item 7-H
BID OPENING - PROJECT
NO, 507 - WELL NO, 4
Item 7-I
RESOLUTION NO, 74-621
ADVERTISE FOR BIDS -
PROJECT NO, 304-001 -
HUGHES -JOHNSON
ADDITION STREETS
Item 7=J
RESOLUTION NO, 74-622
AP?ROVING PAYMENT FOR
EASEMENTS - ST, PAUL
COMPANIES
RESOLUTION N0, 74-623
LOCAL 49 NEGOTIATIONS
P
Regutar Council , Meeting
Deceiber16, 1974
Page ;365
MOTION was made by Counci loan, Hunt, seconded 'by Councilman
Neils, that if contract language Wool: such that i t requi res
the Vty to enter into arbitration, that the City not ,do so.
Notion carried, five ayes. s' -
Mayor Hi l de adjourned the Council meeting at \1:15 A.M,
Ir,
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