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HomeMy WebLinkAboutCity Council Minutes 01-20-1975f Page 15 MINUTES REGULAR COUNCIL MEETING January 20, 1975 A regular meeting of the Plymouth City, Council was called to order by Mayor ,Hi 1 de, at 7:35 P.M. in the Council Chambers of the Public Works Building. 14900 Twenty-third Avenue North, on January' 20, 1975. PRESENT:, Mayor Hilde, Councilmen Hunt, Neils, Seibold and Spaeth, Manager Willis, Engineer Goldberg, Planner Dillerud, Attorney Lefler, Deputy City Clerk Bolnick, ABSENT: None. MINUTES MOTION was made oy Councilman Neils,, seconded by Councilman Seibold, to approve the minutes of the January 6, 1975 regu- lar Council meeting. Motion carried, five ayes', Mayor , Hi 1 de commented on the growth that has taken place in Plymouth over the past year, citing statistics from she year- end report of the Building Department, PUBLIC HEARING The Carlson Companies petitioned the City Council to vacate certain platted streets within the Carlson Companies Addition known as Berkshire Lane, OrcharJ Lane and Hope Avenue, It was the recommendation of staff that the request be approved, Mayor Hilde opened the public nearing at 7:60 P.M. Dave Nygren, 420 Berkshire lane, said that he is a horeowner on Berkshire Lane and resents not being consulted; evan to the point of being informed what is happening to that area tvhere he 1 i ves . Manager Willis showed Mr, Nygren on the map that ;;he portion of Berkshire proposed for vacation was not that portion on which he lives. Counci lman 110 Ts to W Mr, Nygren that there woul d be a publ i c hearing on February 10 re public utilities in the Carlson Companies Addition, Mayor Hilde asked if Mr, Nygren had any objections to the proposed vacations. Reply: no. Mayor Hilde closed the public hearing at 8:00 P,M% 7 MINUTES - REGULAR COUNCIL MEETING JANUARY 6, 1975 Item 4 CARLSON COMPANIES, INC. - STREET VACATIONS-- CARLSON COMPANIES ADDITION Item 5 0 C MINUTES REGULAR COUNCIL MEETING January 20, 1975 A regular meeting of the Plymouth City, Council was called to order by Mayor ,Hi 1 de, at 7:35 P.M. in the Council Chambers of the Public Works Building. 14900 Twenty-third Avenue North, on January' 20, 1975. PRESENT:, Mayor Hilde, Councilmen Hunt, Neils, Seibold and Spaeth, Manager Willis, Engineer Goldberg, Planner Dillerud, Attorney Lefler, Deputy City Clerk Bolnick, ABSENT: None. MINUTES MOTION was made oy Councilman Neils,, seconded by Councilman Seibold, to approve the minutes of the January 6, 1975 regu- lar Council meeting. Motion carried, five ayes', Mayor , Hi 1 de commented on the growth that has taken place in Plymouth over the past year, citing statistics from she year- end report of the Building Department, PUBLIC HEARING The Carlson Companies petitioned the City Council to vacate certain platted streets within the Carlson Companies Addition known as Berkshire Lane, OrcharJ Lane and Hope Avenue, It was the recommendation of staff that the request be approved, Mayor Hilde opened the public nearing at 7:60 P.M. Dave Nygren, 420 Berkshire lane, said that he is a horeowner on Berkshire Lane and resents not being consulted; evan to the point of being informed what is happening to that area tvhere he 1 i ves . Manager Willis showed Mr, Nygren on the map that ;;he portion of Berkshire proposed for vacation was not that portion on which he lives. Counci lman 110 Ts to W Mr, Nygren that there woul d be a publ i c hearing on February 10 re public utilities in the Carlson Companies Addition, Mayor Hilde asked if Mr, Nygren had any objections to the proposed vacations. Reply: no. Mayor Hilde closed the public hearing at 8:00 P,M% 7 MINUTES - REGULAR COUNCIL MEETING JANUARY 6, 1975 Item 4 CARLSON COMPANIES, INC. - STREET VACATIONS-- CARLSON COMPANIES ADDITION Item 5 0 1 i g lar January Page !,6 Counci 1 Meeting 20, 197,5 MOTION was made by Councilman Seibold, seconded by Neils, to adopt RESOLUTION NO. 75 41, A RESOLUTION' STREET VACATION - BERKSHIRE LANE, ORCHARD LANE AND Motion carried on a roll call vote, five ayes. MOTION was' made by Seibold, to direct meeting, alternate County Road 15 and ayes. Counci loran APPROVING HOPE AVENUE, Councilman Hunt, seconded by Councilman sta`f to ,research, prior to the February 10 plans re terkshi re lane south, between miw old County Road 15. Motion carried, five REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Mayor Hi lde introduced Mr. Alfred E. Mall. who is representing the private bus carriers and who is Mayor of Burnsville. Mr, Hall had asked to speak to the Council relative to considera- tion by the Council of a request for service from, the Metro- politan Transit Commission. Mr, Hall explained how the MTC was following a procedure which was competitive with the private; carrier and often resulted in putting the carrier out of business. This was in direct con- flict with the MTC policy of (1) providing assistance to the private carriers; (2) promoting ridership on the private carriers; and (3) assuring viability of private carriers. He explained how Burnsville had handled their sitution, wherein their citizens pay nearly a half million dollars in taxes and receive limited service. The City Council passed a resolution putting out for bids identical bus service as the Ci '`y is presentl j receiving from the MTC, Awarding of contract would be contingent upon determination of u.is o o;. ; ;+itional i ty of the State Statute establishing the MTC ta,(im, listricts. Mr. Hall stated that .im Johnson, owner of Medicine Lake Bus Lines, which presently sert)Q% Plsgmouth, had attempted to work out a i arrangement with the MTC wherein ther« would be coopera- tion between the two. the Transit. Opere ti ng Division of the MTC refused. Mr. Hall pointed out that in asking for MTC service, the City would be "feeding the octopus" and could probably expect higher costs. He urged that the Plymouth City Council take one of two actions now: (1) adopt a resolution urging the MTC to consider their policy of assistance to suburban lines, or (2) put out for ' i ds , as Burnsville did, on the contingency that the statute giving the MTC taxing authority would be found unconstitutional. Councilman Neils questioned how it could be explained to tht citizens of Plymouth, who would be r4ayinq an increased fare plus the amount of tax dollars to the MTC. Mr. Hall replied that it would essentially be an education process. A case could be made showing that this procedure would be cheaper for the citikzens in the long run. , RESOLUTION NO. 75-41 t METROPOLITAN COMMISSION Item 7-D W7XP iki t i Regul ar' Counci 1 Meet1 ng January 20, 1975 Page 17 0 Mayor Hilde pointed out that if the first suggested action were taken, there would be a certain amount of time required in which to get a reaction frtxr. the MTC, after which, if the MTC is not iccomodati ng, the Counc.l would have to consider the same question anew. He asked how other suburban communities might be stimulated to get involved and push to a favorable resolution of the problem. Mr. Hall sa)fd that the MTC jurisdiction was being challenged in the, courts, and that the jurisdiction nvotr private carriers might be returned to the Public Service Commi ss ion, Other lawsuits are being,contemplated: a suit by private carriers for damages from the MTC on the basis of loss of business; a court challenge to the constitutionality of levying taxes where service is not pro- vided. Mr. Hall is planning to visit other communities in hopes of establishing, a unified stand of : upport. both for the lawsuits and generally in support of the private carriers. Counc*l lman Hunt said that if the first approach is used, the result would only be tokenism. The whole process could involve a great deal of time. Loren Schiebe, of the Northwest MEtropolitan Chamber of Cortn,ei c:, stated that the Chamber had taken a position in favor of certain legislative proposals which would exempt the private carriers from certain taxes and would put the private carriers on a more competitive basis with .he MTC. 0 Councilman Seibold stated that Plymouth had waited to long for service, that it could wait a bit longer with any hope for comparable service at a comparable price. MOTION was made by Councilman Seibold, seconded by Councilman Hunt, to direct the staff to draft a resolution with the idea in mind of advising the MTC that Plymouth is currently paying $181',445 and will be prying $331,1300 in 1975, and receiving no service therefrom. "he City requests that the PITC put in practice its policy os assistance to private carriers and utilize an amount of the tax dollars to enable the private carriers to provide comparable service at a comparable rate with a reasonable profit, Councilman Spaeth spoke against the motion. He said that he did not believe this action would be successful. He said that while he personally supports the court actions and Chamber action, he could not justify the higher fee expenditure to the citizens. Councilmen Hunt and Seibold pointed out that the motion asks for the same fare at no more tax dollars. Councilman Neils pointed out that the people in his a\, -a could suffer a loss of service if the MTC were to replace the Medicine Lake Bus Lines, Motion carried, four ayes,, Councilman Spaeth voted nay. 17- P'; ; Regular Council Meeting January 20, 1975 Page 18 PETITIONS AND ICAT tONS The Planning Commission reviewed and recoRmended approval, per the request of Melvin G. Astleford, of rezoning of the area of the Baldwin Chevrolet site and the General Develop- ment Plan for Bass Lake Plaza, subject to the conditions cited in the January 15, 1975 staff report. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to adopt RESOLUTION NO. 75-429 A RESOLUTION APPROVING GENERAL DEVELOPMENT PLAN - BASS LAKE PLAZA, Councilman Neils said that the access road to County Road 18 anJ the juncture with the east/west road through the plat was redesigned. He said!!that aspect of the general development plan should be more appropriately dealt with, fie also had some question re the apartment buildings with shed garages, Planner Dillerud said the latter would be handled at the time of site plan co isi deration. On the -first matter, he said that it was not critical and could be handled, Councilman Spaeth expressed dissatisfaction with work that Mr. Astleford had agreed to complete in the area. Frank Burg, Coon Rapids, representing the petitioner, said that the work would be done by spring, Councilmen Seibold and Spaeth said that approval of the general development plan would be pre -mature at this point. MOTION! was made by Councilman Spaeth, seconded by Councilman Seibold, to amend Resolution No. 75-42 by eliminating considera- tion of all of the General Development Plan except for Baldwin Chevrolet, Mayor Hilde objected to the amendment on the grounds that it would leave petitioners without any idea of where the Council stands, and it would lose the benefit of work already done, Councilmen Seibold and Spaeth withdrew their motion, MOTION was made by Councilman Spaeth, seconded by councilman Neils, to amend Resolution Flo, 75-42 by changing that area labeled as R-4 to LA -3; and showing an extension of Revere Lane continuous south. Motion carried, five ayes. Motion to Pdopt Resolution No, 75-42, as amended, carried on a roll call vote, five ayes, MOTION was made by Councilmt-,n Hunt, seconded by Councilman Spaeth, to adopt., ORDINANCE NO, 75-1, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECTION 11 TOWNSHIP 118, RANGE 22 AS R-3 DISTRICT, Motion carried on a roll call vote, five ayes, MELVIN G. ASTLEFORD 2 REZONING AND GENERAL DEVELOPMENT PLAN- BASS LAKE PLAZA Item 6-A RESOLUTION N0. 75-42 ORDINANCE NO, 75-1 i r MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to adopt RESOLUTION NO. 75-429 A RESOLUTION APPROVING GENERAL DEVELOPMENT PLAN - BASS LAKE PLAZA, Councilman Neils said that the access road to County Road 18 anJ the juncture with the east/west road through the plat was redesigned. He said!!that aspect of the general development plan should be more appropriately dealt with, fie also had some question re the apartment buildings with shed garages, Planner Dillerud said the latter would be handled at the time of site plan co isi deration. On the -first matter, he said that it was not critical and could be handled, Councilman Spaeth expressed dissatisfaction with work that Mr. Astleford had agreed to complete in the area. Frank Burg, Coon Rapids, representing the petitioner, said that the work would be done by spring, Councilmen Seibold and Spaeth said that approval of the general development plan would be pre -mature at this point. MOTION! was made by Councilman Spaeth, seconded by Councilman Seibold, to amend Resolution No. 75-42 by eliminating considera- tion of all of the General Development Plan except for Baldwin Chevrolet, Mayor Hilde objected to the amendment on the grounds that it would leave petitioners without any idea of where the Council stands, and it would lose the benefit of work already done, Councilmen Seibold and Spaeth withdrew their motion, MOTION was made by Councilman Spaeth, seconded by councilman Neils, to amend Resolution Flo, 75-42 by changing that area labeled as R-4 to LA -3; and showing an extension of Revere Lane continuous south. Motion carried, five ayes. Motion to Pdopt Resolution No, 75-42, as amended, carried on a roll call vote, five ayes, MOTION was made by Councilmt-,n Hunt, seconded by Councilman Spaeth, to adopt., ORDINANCE NO, 75-1, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECTION 11 TOWNSHIP 118, RANGE 22 AS R-3 DISTRICT, Motion carried on a roll call vote, five ayes, MELVIN G. ASTLEFORD 2 REZONING AND GENERAL DEVELOPMENT PLAN- BASS LAKE PLAZA Item 6-A RESOLUTION N0. 75-42 ORDINANCE NO, 75-1 i r .gu ar Counci .-.e,ng January 20, 1975 Page 19 Councilman Neils informed Mr. Burg that petitioner should be aware, for future discussions, of matters which will be considered: the substantial grade changes; berming should be provided on the east prooerty line to prevent flooding; and sloping on the south and nest sides, until adjacent property develops. The Planning Commission reviewed and recommended approval of the request of Carlson Companies, Inc. for a lot division, and site plan of a J. C. Penney Co. warehouse/distritution center in Carlson Companies Addition, subject to the conditions noted in the January 14, 1975 staff report. MOTION was made by Councilman Seibold, Hunt, to adopt RESOLUTION N0, 75-43, A LOT DIVISION - CARLSON COMPANIES, INC. roll call vote, five ayes, secon#Jd by' Counci lman RESOL6",IUN APPROVING Potion carried on a MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO, 75-449 A RESOLUTION APPROVING SITE PLAN FOR A J. C. PENNEY CO. WAREHOUSE/DISTRIBUTION CENTER, PER REQUEST OF CARLSON COMPANIES, INC. MOTION was made by Councilman Neils, seconded by Counci l:am:i Seibold, to amend Resolution No. 75-44 by rewording condition 2 to read as follows: "All storage of materials, waste and garbage be within the building"; and adding a condition #4: That the open yari area east of the building front be lawn grass instead of perennial rye. Motion carried, five ayes. Motion to acopt Resolution No. 75-44, as amended, carried on a roll call vote, five ayes. CARLSON COMPANIES, INC. - LOT DIVISION & SITE PLAN FOR J. C. PENNEY CO. Item 6-G RESOLUTION NO. 75-43 RESOLUTION NG. 75-44 The Planning Commission reviewed and recommended approval of the MINNEAPOLIS AUTO AUCTION - request of Milneapolis Auto Auction for a Conditional Use 'ONDITTONAL USE PERMIT Permit to temporarily park surplus autos. Item 6-C MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt a resolution approving Conditional Use Permit foe Minneapolis Auto Auction. Councilman .e,06ola spoke against the motion, on the basis that 1) this action would right wrong, ar.d (2) it %ould scat a precedent and potentially open the door for other sii ii lax requests. 11 1 SUBSTITUTE MOTION was mare by Counc;lman Spibold, seconded by Councilman Spaeth, to Jany the request fog^ Conditional Use Permit for Minneapolis Auto Auction, and to give the fI rm 19 until April 15 to clear out the surplus autos. Minneapoli,i Auto duction would be required to past a perto miance bond to assure satisfaction by that date. Attorney Lefler expressed concern re the performance bond. TIE C I a 03k .61 1.1. .w.%, J Ilr January 20, 1975 Page 20 , said he would prefer to use the prosecution procedure should it be required, MOTION was made by Councilman Seibold, seconded by Councilman Neils, to amend the substitute motion to delete the requirement for a performance pond and substi tute the words , "The C i ty wi 11 proceed with prosecuti,on for non-compliance." Motion carried, five ayes, Petitioner stated that he would need use of the area until May 1 and requested change to that date, The mokers of the motion agreed to accept the May 1 cut-off da,.ul as a friendly amendment, MOTION was made by Councilman Hunt, seconded by Cou',cilman Neils, to further amend the substit to motion by adding a condition as folle:I c "A letter from the property owner in which permission is granted to Min;teapolis Auto Auction to park their surplus autos on this land Le filed with the City." Motion carried, five ayes. Main substitute motion, as viended, carried, five ayes. The Planning Commission reviewed and recommended approval of the request of Joseph E. Pazanjak for Final Plat and Develop- ment Contract for Medic'ne Lake Industrial Park, subject to the conditions noted in the January 15. 1975 staff report, MOTION was made by Caunci lma,ri Seibold, secondeJ by Councilman Hunt, to adopt RESOLUTION 40. 75-45, A RESOLUTION APPROVING FINAL PLAT AND [DEVELOPMENT JONTRACT FOR MEDICINE LAKE INDUS- TRIAIL PARK, PER REQUEST OF JOSEPH E. PALANCAK. Motion carried on a roll call vote, five ayes, MOTION was made by Councilman Hui -rt, seconded by Councilman ieibold, to adopt RESOL11TION NO. 75-46, A RESOLUTIO1 APPROV- ING LOT CONSOLIDATION - DAVID TRP.CH AND JOSEPH E. PAZANDAK. Motion carried on a 'roll call vote, five ayes, MOTION was made by Councilman !Lunt, seconded by Councilman Seibold, to adopt RESOLUTION NO. 75-47, A RESOLUTION SF's T HIG FORTH C()!DITIONS TO BE MEQ' PRIOR TO F'ILI' i WITH HEN.1EPIN COUNTY OF RESOLUTION NO, 75-46. Motion carried on a roll cAll vote, five ayes, The Planning ComllIssion reviewed and recommended iL,-roval the request of Cariji 11, Inc, for a Conditional Ilse Perms t oPorate pilot plant tcstinq equipment in the multi -tenant building at the southeast corner of !J lhwtV 55 kind dlenium 20" o 2i1- of to Lane , a JOSEPH E. PAZgNDAK - FINAL PLAT & DEVELOP MLNT CONTRACT - MEDI- r,'.NE LAKE INDUSTRIAL PARK item 6-D RESOLUTION NO. 75-45 DAVID T FVCH ANU JOSEPH Et PAZANDAK - LOT COXSOLIuA- TION Item 6-F. RESOLUTIO.4 NO. 75-46 M------KTifiION : , 754' T CARGILL, INC. - C01- PiTIONAL USE PERMIT It 6-H ReguIAr Council Meettng January 209 1975 Page 21 l subject to the conditions cited in the January 14, staff report. MOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTION N0, 7541 S ibold. to adopt RESOLUTION N0. 75-48, A RESOLUTION ,pPROVtNG G,NDITIONAL USE PERMIT-'FOR CARGILL, INC. 1,0 nci 1 man Seibol d+questi erred if the permit pi ght be granted for *amended 1127/75 one;, year. i cha rd Fulmer, of Cargi 11, Inc: , said that hi $ fi rm eoul & not c. nsl ler it for one year only. Mo i c n',to adopt Reso 1 uti en No. 75-48 carried on a rbl.l cal l vote, fir C ay i.5 i Req a t by Hope;Alexander was to consolidate three-existing HOPE ALEXANDEI - LOT partes ami then divide thed ew partial into three different CONSOLIDATION tMD parcel;, thereby creating more .manageable parcels for tax LOT DIVISION purpose. ' _ Item 6-.K knTION w s inade by Councilmah-,Hunt;; yaconded by Councilman RESOLUTION NO, 75-49 Niti 1 s, tt11 adopt RESOLUTION N0. 19549, A RESCL- UTION APPROVING LOT CONSO1,IDATION - HOPE ALEXANDER. PIotion carried on a roll ca 11 Y ,e;;, t`'vt ayes . MOTION was ade by Councilman Hunt, seconded by Councilman RESOLUTION N0. 75-50 Spaeth, to ,dopt RESOLUTION NO. 75-50, A RESOLUTION APPROVING LOT DIVISWI, - HCPE ALEXANDER, Motion carried on a roll call vote, fi vtj pees. The City is Ill r twipt of a petitica relative to the proposed PETITION/- SCHMID1rr LAKE - stret cor,stnictlon on Larah Lane north of County Road 0, PROJECT 40. 505 per ;roject Noy, 505, It is the staff understanding that the Item 64 residents preft! thtt it be ,left A gravel road. Councilmar, Huntlquestioned wha., assessment policy would apply. I t is not presently o State Aid road. Councilman Spaeth said consideration might be given to use of the ad valorem levy hare, because the read is used by more than just the i mm di m,e residents, M&yor Millie said tLhe only other alternative, without considerable hardship to, those opople not ready to develop the land, is to not do the project Councilman Spaeth said there should be some. sort of "kitty" for this kine of road. MOTION wtis made by hM,or Ili 1de, seconded by Councilman Spaeth, to di rec+c the staff o review the adopted 51-year Capital Improve- ment Program street urogram, attd our projected financing„ for both our collector acrd thoroughfare streets.. to weigh..our a Regular Council Meeting Januay, 209 1975 ' Page 22 ability to pay for the construction through ,State Aid funds by1) direct payment from our State Aid account, (2) finance the projects by bonds payable from the MSA account; or (3) the possible need, for paying,,for some of the Costs'. from an ad valorem levy. Motion carried, five ayes. MOTION was made by Councilman Neils. seconded by Councilman Hunt, to direct the staff to provide the feas i bi 1 i ty of the sewer and water trunk service only in respect tow 'ht,", r Larch Lane is aimproved% Motion carried, five ayes. MOTION was made by Councilman Hunt, seconded by Coun loran I Neils, to accept thV petition. '\ i The City is in receipt of a letter from Mipe S1 e, Chairman of 'PLYMOUTH OPTIM ST CLUBLnePlymouthOptimistC.uh, which is presently,n the process 6-N of formation. Mr. Sipe requested that the Council support . efforts to organize the club in Plymouth. A Loren Schiebe stated that there would be an introbuctoey meeting Friday, January 24, at Uncle Johns Pancake House in GoldOn Valley. MOTION was made by Mayor Hilde, seconded by Cotirteilman Seibold, to extend best wishes and encouragement to those organizing the Flymouth Optimist Clubs, and to appeal to the citizens to consider this club as an outlet,for their charitable propensikies. Motion carried, f;ve ayes. The City is in recd pt of a petition from Floyd B. Olson for installation of utilities and streets within the proposed Maple Creek Subdivision as a public improvement project, Manager Willis pointed out to Mr, Olson that since he is not presently the owner of the property, he may not waive rights to a public hearing. It was the consensus of the Council that it would be pre- mature to act on the request. MOTION was made by Counci lma;! Neils. seconded by Councilman Seibold, to accent the petition hnd refer it to the Consulting Engineers for coordination with on-going planning of the Mapledell Trunk dtilities Project. Motion carried, four ayes. (Councilman Spaeth was awq from the table during discussion of this item,,) MOTION was made by Councilman Seibold, second6d by Councilow;, Neils, to adopt RESOLUTION NO, 75-51, A RESOLUTION APPROVING CHANGE ORDER N0. 3 - PROJECT N0. 304 - HUGIIES-JOHNSON Ancn ION. Motion carried on e roll call vote, four ayes. (Councilman Spaeth, was down from CC:hc; table.) FLOYD B. OLSON - PETITION FOR PUBLIC IMPROVEMENTS Item 6-M CHANGE ORDER NO% 3 - PROJECT NO. 304 - HUGHES -JOHNSON ADD. tem 6- F RESOLUTION NO. 75-51 Regular Councii Meeting January 20, 1975 I Page 2 c MOTION was made by Councilman Hunt, seconded by Councilman BOND RELEASE.,- MAPLEDELL Neils,,,to adopt RESOLUTION N0, 75-52, A RESOLUTION APPROVING, FIRST ADDITION BOND RELEASE - MAPLEDELL FIRST ADDITION. Motion carried on Item 6-I a roll call vote, four ayes., (Councilman Spaeth was down RESOLUTION NO. 75-52 from the Council table,) The Planning Commission reviewed and recommended approval of, the request of Watt/Peterson for an amended Site Plan, MOTION was.made by Councilman Neils, seconded by Councilman Seibold, to adopt RESOLUTION NO, 7543, A RESOLUTIO`V APPROVING AMENDED SITE PLAN - WATT!PETERSON,, Motion carried on a roll call vote, four ayes, (Councilman Spaeth was away from the Council table.) i J 0 MOTION was made by Councilman`Seibol,d, seconded by Councilman Hunt, to adopt RESOLUTION N0, 75-54, A RESOLUTION APPROVING REQUEST FOR PAYMENT N0. 4 (FINAL) - PROJECT 123-007 - TFNNIS COURTS, Motion carried on a roll call vote, five ayes. REPORTS OF OFFICER D COMMISSIONS (coned. Manager Willis informed the Council that the City had received the second and final pryment from the City of Minneapolis', as agreed to for special assessments as well as assessments re the Vicksburg Lane improvement project. It was the staff recommendation that the Council now, rescind the special assess- ments, MOTION was made by Councilman Seibold, seconded by Councilman Hunt, to adopt RESOLUTION NO, 75-55, A RESOLUTION RESCINDING SPECIAL ASSESSMENTS - CITY OF MINNEAPOLIS, Motion carried on a roll call vote, five ayes, Managet, Willis informed the Council that on further review of the deferred assessment situation of Richard T. Burke, he would recommend that the 'Council consider rescinding the de- ferred assessment against the Ourkes' property and providing that if the property should be subdivided in the future the City will collect special assessments against that portion of the property subdivided based on the special assessment rates then in effect, MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to adopt RESOLUTION N0., 75-563 A RESOLUTION RESCINDING ASSESSMENTS - PLAT 43731, PARCEL 4615, PIotion carried on a roll call vote, five ayes, MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION N0. 75-57, A RESOLUTION DIRECTING WATT/ PETEQEON--.PMENDED SITE PLAN Item 6-J RESOLUTION NO, 75"53 u 1 1 REQUEST FOR PAYMENT NO. 4• FINAL) - PROJECT 1`23-007 TENNIS COURTS , . Item 6-L RESOLUTION NO., 75-54 MINNEAPOLIS WORKHOUSE ASSESSMENTS Item 7-A RESOLUTION NO. 75-55 SPECIAL ASSESSMENTS - RICHARD T. BURKE Item 7-B RESOLUTION N0,_ 75-56 0 RESOLUTION NO, 75-57 - Regular Council Meeting%° January 20, 1975 Page 24 STAFF TO ESTABLISH A RECORD OF PENDING ASSESSMFNTiAGAINST PLAT 43731, PARCEL 481,5, INDICATING THAT IN CONSIDERATION OF T,HE RESCINDING OF -THE ASSESSMENT IN THE AMOUNT OF $2,347.65 THE CITY SMALL UPON FURTHER SgBDIVISION OF THE PARCEL COLLECT SEWER AND NATER ASSESSMENTS AZ~ ; I F THAT HEW . PARCEL. HAD 'NOT PREVIOUSLY BEEN ASSESSED.' Motion carried on a roll call vote, five ayes..;; Jf Mayor Hilde reminded,the Council that the Mayor appoints to the Human Rights Commission ar d- she Council ratifies those selections, he said that he woui'd interview; candidates next Saturday, Mayor Hilde recommnded Delores Durand and Jim Guddal for appointment to the Park and Recreation M.Visory Commission. He recommended that Bert Ehrmann, James kdeen and Darel F. Swenson by considered for the Board of Zoning Adjustment. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, that Jim Guddal be appointed to the Park and Recrea- tion Advisory Commission for a term expiring January 31, 1978. Motion carried, five ayes, MOTION was made by Mayor Hi l,de, seconded by Councilman Spaeth, that Delores Durand to appointed to the Park and Recreation Advi soil Commi ss i cIn for a term expiring January 31, 1978s Councilman Hunt said that he felt James Rydeen should be interviewed. He has been swiported by the Bass Lake Improvement Assocat,lon for the appointmant. Councilmen Neils and Seibold also stated that interviews should be held. Motion was withdrawn by the makers. MOTION was made by Councilman+ Hunt, seconded by Councilman Neils, to interview Dc. l oret brand and James Rydeen for ppossible Park and Recreation Advisory Commission appointment. P -lotion carried fi vF ayes, Councilman Neils said that hehad been informed by two others that they would be interested',in appointment to the Board of Zoning Adjustment: Ken Searlo and Tom Johnson. MOTION was made by Councilman Seibold, seconded by Councilman Hunt, to appoint Bert Ehrmann 'to the Board of Zoning Adjustment for a term expiring January 31, 197T. Motion carried, five ages , MOTION was made by Councilman Neils, seconded by Councilman Hunt, to interview Floyd Heddiilg for possible appo-intment to the Board of Zoning Adjustment,, Motion carried, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman APPOINTMENTS TO BOARDS AND COMMISSIONS Item 7-C P e Replar Council Meeting January 20, 1975 Page 25 Seibold, to interview Darel .F. Si enson for possible appointment to the Board of Zoning Adjustment. Motion carried, five, ayes. MOT, 9N ,,was made by Councilman Neils, seconded by Councilman Setbol,d,'to interview Tom Johnsen for possible appointment to the Board of Zoning Adjustment. Motion car_Med, five ayes. MOTION was made by Councilman Hunt,,seconded by Councilman Seibold, that appropriate letters be sent from the Mayor to apgl i cunts. Motion carried, five ayes. It was agreed that interviews for Board of ZoningAdjustment and Park and Recreation Advisory Commission woulbe at 6:00 P.M.', Monday, January 27, prior to the Council meeting. MOTION was made by Ounci lman Htlnt, seconded by Councilman Seibold, that Councilman Neils shake arrangements vlith those selected for interviews for the;Park and Akcreatiort Advisory Commission and the Board of Zon4 ng Adjustment for their appear- ance before the Council for into.rviewing, Monday, January 27, beginning at 6:00 .M. Motion 4,arried, five ayes. It was the recommendation of thii City Manager, subsequent to discussions with representatilves of Be1Mar Builders, that the City not make a firm commitment for extension of the lease on the temporary Casty Hall facility, but that it obtaqn an option for such extension, MOTION was made by Councilman Hunt, seconded by Counci1rian Neils, to adopt RESOLUTION NO, 15-580 A RESOLUTION DIRECTING STAFF TO OBTAIN! AN OPTION FOR LEASE EXTENSION FROM BELMaR BUILDERS - TEMPORARY CITY HALL, Motion carried on a roil call vote, five ayes, It was the recommendation of the Park and Recreation Director that the sum of $900 be contributed, from funds budgetad for recreational contributions. Account x!101-123-899, to the School District 281 Community Education and Services tepart- mes,t to help defray costs of facility usage, recreation coordination and maintenance of space and equipment. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to adopt RESOLUTION NO, 75-591 A RESOLUTION AUTHORIZ- ING ALLOCATION OF $9009 FROM ACCOUNT NO, 101-123••899, TO SCHOOL DISTRICT 281 COMMUNITY EDUCATION AND SERVICES DEPART- MENT, Motion carried on a roll call vote, five ayes, MOT1114 was made by Councllman Seloold, seconded by Councilman Neils, to direct the staff to prepare a resolution for the policy manual relative to the City participation in facility maintenance funding when we use school facilities, Such reso- lution eso- 1ution should reflect a positive position, Motion carried, five ayes, 0 TEMPORARY CITY FALL; LEASE I tem 7-E RESOLUTION NO, 7548 SCHOOL DISTRICT 281 COMMUNITY RECREATION FACILITY USE Item 7-F RESOLUTION NO, 75-59 TEMPORARY CITY FALL; LEASE I tem 7-E RESOLUTION NO, 7548 SCHOOL DISTRICT 281 COMMUNITY RECREATION FACILITY USE Item 7-F RESOLUTION NO, 75-59 RegulaF,Council w6ting J January 20, 1975 Page 26 MOTION was made by Councilman Spaeth, seconded by Councilman ACCEPTANCE OF Neils, to adopt RESOLUTION N0, 75-60, A RESOLUTION ACCEPTING UTILITIES - BELMAR,,. UTILITIES - BELMAR INDUSTRIAL PARK. Motion carried on a INDUSTRIAL PARK roll call vote, five ayes. Item 7-G RESOLUTION We 75-60 NOTION was made by Councilman Spaeth, seconded by Councilman INTERCEPTOR MAIN,rEP.'NCE Neils, to adopt RESOLUTION N0., 75411b A RESOLUTION RENEWING AGREEMENT WITH MSB INTERCEPTOR MAINTENANCE AGREEMENT WITH THE METROPOLITAN SEWER Item 7-H , . BOARD FOR 1975. Motion carried on a roll call vote, five ayes. RESOLUTION NO, 75-61 MOTION was made by councilman Hunt, seconded by'Councilman AWARDING OF BID - PROJECT Seibold, to adopt RESOLUTION NO. 75-62, A RESOLUTION AWARD- NQ. 304-001 - HUGHES/ ING DID - PROJECT NO. 304-0011- HUGHES/JOHNSON ADDITION JOHNSON ADDITION STREETS STREETS - TO BURY AND CARLSON, INC. Motion ca%ried on a Item 7-I roll call vote, five ayes. RESOLUTION NO. 75-62 MOTION was made by Councilman Spaeth, seconded by Counciiman AWARDING -OF BID - HOIST Neils, to adopt RESOLUTION N0,, 75-63, A RESOLUTION AWARDING FOR GARAGE BID FOR FLOOR HOIST FOR CITY PUBLIC WORKS GARAGE TO NORTHWEST Item 7-J SERVICE STATION EQUIPMENT CO. Notion carried on a roll call RESOLUTION NO. 75-63 vote, five ayes. MOTION was made by Councilman Neils, seconded by Councilman ORDINANCE AMENDMENT - Spaeth, to adopt ORDINANCE NO. 75-2, A,Y ORDINANCE At4ENDING LICENSE FEES FOR SUNDAY CITY CODE RELATING TO LICENSE FEES FOR SUNDAY SALES OF INTOXI- SALES OF INTOXICATING CATING LIQUOR. Motion carried on a roll call vote, four ayes. LIQUOR Councilman Hunt voted nay. Item 74 ORDINANCE N0. 754 MOTION was made by Mayor Hilde, seconded by Councilman Seibold. BASSETT CREEK FLOOD to adopt RESOLUTION NO,' 75-64, A RESOLUTION RE -APPOINTING CONTROL COMMISSION RICHARD J, O'FALLON TO THE BASSETT CREEK FLOOD CONTROL Item 7-L COMMISSION FOR A TERM EXPIRING JANUARY,31, 1978, Motion RESOLUTION NO, 7544 carried on a roll call vote, five ayes. LICENSES AND PERMITS MOTION was made by Councilman Seibold, seconded by Councilman OFF -SALE INTOXICATING Neils, to adopt RESOLUTION N0, 75-65, A RESOLUTION APPROVING LIQUOR LICENSE RENEWALS RENEWAL OF OFF -SALE INTOXICATING LIQUOk LICENSE FOR PLYMOUTH Item 84 LIQUOR STORE. Motion carried on a roll cail vote, five ayes. RESOLUTION NO. 75-65 MOTION was made by Councilman Neils, seconded by Councilman TAXI -CAB VEHICLE Hunt, to adopt RESOLUTION N0, 7546, A RESOLUTION APPROVING LICENSES TAXI -CAB VEHICLE LICENSES - TOWN TAXI, INC, Notion carried Item 8-B on a roll call vote, five ayes. RESOLUTION NO, 7546 26- Regular Council Meeting January 20, 1975 Page , 27 - MOTION was made by Councilman Seibold, seconded by Councilman TAXI -CAB Neils;,' to adopt RESOLUTION N0, 75-679 A RESOLUTION APPROVING Item 8-C TAXI -CAB DRIVERS LICENSES FOR 24 DRIVERS FOR TOWN TAXI, INC. RESOLUTI1 Motion carried on a roll call vote, five ayes. 0 0 IL MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION N0, 75489 A R'.ESOLUTION APPROVING CIGARETTE LICENSE RENEWALS FOR WALT'S OAKWOOD "66" SERVICE;" H. C. PLAYER b SONS, INS.; AND RADISSON INN PLYMOUTH. Motion carried on a roll call vote, five ayes. MOTION was made by Councilman Hunt, seconded Lby Councilman Neils, to adopt RESOLUTION NO, 75-69. A RESOLUTION RESCINDING GARBAGE HAULING LICENSE - WILLIE'S RUBBISH REMOVAL.; Motion carried on a roll call vote, five ayes. DISBURSEMENTS NOTION was made by Councilman S3:bold, seconded by Councilman Neils, to adopt RESOLUTION N0, 75-70, A RESOLUTION APPROVING FOR PAYMENT DISBURSEMENTS FROM THE GENERAL FUND, CONSTRUCTION FUND, WATER FUND, SEWER FUND AND SPECIAL ASSESSMENT FUND TOTALING $19360,442,36 FOR THE PERIOD ENDING DECEMBER 31, 1974. Motion carried on a roll cal i vrnte. five ayes. MISCELLANEOUS MOTION was made by Councilman Hunt, seconded by Councilman Neils, advising the'Planning Commission that the Council looks generally with favor upon the Mission Partnership procedding with a single family plat in the Mission Partner- ship ho l ,i ng, recognizing that the plan c,f the, Hennepin County Park Reserve District to develop a park appears to be creating a substantial delay in that PUD on that site. MOTION was made by Councilman Neils. seconded L•y Councilman Hunt, to amend the muticn to indicate that the Council expects consideration of the plan to stand on its own merits. It should identify surpl uses of park dedication, calling attention to the fact that those excess dedications should be identified for future consideritlon of a General Development Plan. Motion to amend carried, ' ive ayes. Main motion, as av vended, carried, five ayes. DRIVERS J', LICENSES 67 CIGARETTE LICENSE RENEWALS Item 8-D RESOLUTION N0. 7548 RESCINDING GARBAGE HAULING LICENSE I tem 8-E RESOLUTION N0., 75-69 DISBURSEMENTS - FOR PERIOD ENDING 12/31/74 Item 9 RESOLUTION N0. 75-70 MISSION PARTNERSHIP Magor Hi 1 d,. mentioned that he and the Council members had received SNOW PLOWING cal l s frrAn citizens regarding the City's snow plowing. He questaraed if the City might have too conservative an approach 1n it. present plowing policy, Regul ar Counci 1 Meeti ng 1 January 20, 1975 Page 28 There was agreement that the recent blizzard was a somewhat unique situation, cme+Ing greater problems. But, there was also some agreement ', that the City approach should be looked at, with particular attention to potentially hazardous areas. Mayor Hilde said that the present situation ought to be considered as dangerous and potentially more dangerous. There ought to be a constant effort 1n the areas than can be identi- fied as particular problem areas, and a continuous effort throughopit the City to avoid more dangerous areas developing. Councilman Neils said that,;major th.roughfares and collectors should be identified and kept open. Mayor Hilde also stated that there should be more attention to the manner in which Public Works personnel communicate with the citizens, 5 Councilman Hunt reminded Council members of,the upcoming Association of Metropolitan Municipalities meeting, January 30, at the St. Paul Hotel. Councilmen Hunt, Spaeth, Neils end Mayor Hilde said they would attend. It was suggested that Sen. Nelson, Rep. Heinitz and Bob Short be invited also. Councilman Neils informed the Council that the State League is backing a change in the Green Acres 1 ati to place it on a deferred contract basis. It would put the jurisdictional boar in the position of concurring with the contract, and proposes severe penalties for breaking.the contract. Councilman Hunt reminded the Council that tomorrow night would be the last hearing on the Metropolitan Council Development Framework. It was suggested that the conments made by Magor Hi l de and Manager Willis at a previous Metropol i tan Council hearing should be re -submitted, particularly since there is new Metropolitan Council membership. Councilman Neils indicated he would attend the hearing, and asked staff for copies of the previous statements. Councilman Hunt informed the Council that at tomorrow's mReting of the Metropolitan Significance committee, he would object to the procedure being used by that committee In development of their definition of metropolitan significance, Mayor Hilde adjourned the meeting at 11:30 P.M. 0 AMM MEETING GREEN ACRES Lj METROPOLITAN COUNCIL METROPOLITAN SIGNIFICANCE Z, 4 oe..," Lynn uo i ni cK Deputy City Clerk A