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HomeMy WebLinkAboutCity Council Minutes 12-16-1974Page 351 M IA U T'E S i 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 f regular:-Councfl Meeting December 16,1974 Page , 352 0 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 0 RESOLVION NO. 74-598 PROJECT NO. 514 - ZACHARY LANE STREET AND STORM SEWER Item 5-B N Regular Coup Meeting December 16, 1974 Pa9e 353 0 i 0 i 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. 1 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, 7 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 0 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 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- I 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, 0 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 I i 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 0 C r Regullar Ccunci Meeting December 61, 1 74 Page 361 1 i t 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 ' u 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- U C 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, if i