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HomeMy WebLinkAboutCity Council Minutes 03-21-1977r Page 49 MINUTES REGULAR COUNCIL MEETING March 21, 1977 A regular meeting of the Plymouth City Council was at 7:30 P.M. in the Council Chanhers of the Public third Avenue North, on March 21, 177. called to order by Mayor Hilde Works Building, 14900 Twenty - PRESENT: Mayor Hilde, Councilmen Hunt. Nei Is and Spaeth, Manager Willis, Planner Dillerud, Engineer Goldberg. and Attorney Lefler. ASSENT: Coutici!man Seibold, MINUTES MOTILIN was made by Councilman Spaeth, seconded by Councilman MINUTES Neils, to approve the minutes of the March 7 regular Council COUNCIL meeting as submitted. March 7, Item 4 Motion carried, four ayes. PUBLIC HEARINGS Manager Willis reviewed the procedure for the public hearing and announced that notices of the public hearing were published in the New Hope - I`lymouth Post, written notice was mailed to each property owner in the improvement area, announcements and discussions at Council meetings were he'd and there had been numerous newspaper write-ups on the subject project. He then explained the special assessment policy and procedures followed by the City. Mayor Hilde introduced the item for public hearing, Project No. 701, Gth, 8th and Nathan Lane Improvements and Consulting Engineer Olson explained the project in detail and replied to Council's questions. Mayor Hilde opened the public hea rirn at 7:50 P.M. Scott Gustafson, representing Carol Gustafson, 0':.11 .. 8th Avenue ort , and Freida Gustafson, 9817 - 8th Avenue "oO... o16.%ted they felt this assessment would force these homeowndoMs io sell out to the developer who owns the surrounding property in this REGULAR MEETING 1977 PUBIC HEARING PROJECT N0, 701 6TH, 8TH 8 NATHAN IMPROVEMENTS Item 5-A LANE Regular Council Meeting March 21. 1977 Page 50 area. These people with low and moderate incomes could not afford a high assessment and they opposed the improvement project. Robert Johnson. Robert Johnson stated he Urnot petition for having it completed as soon as development in the area. Construction and Development Company, the project but was in favor of possible so that he might begin Mrs. Williams, 9905 - 10th Avenue North, stated she cannot afford t s assessment and she finds it imposjibie to sell her home at the present time; therefore she opposes the project. Carol Gustafson, 9811 - 8th Avenues Nor0, stated if 8th Avenue was cut-dorm—'as orcposed their homes woula be left in z i undesirable position. She opposed the project at th& present time and stated she would be interested in selling her, home but Inas not received a reasonable offer from the land developer. Joe Pazendak, real estate broker, stated that S.J. Groves over the pastfive yea s has made several offers to purchase the land from the residents which were turned down. Carol Gustafson stated Mr. Pazendak's statement was not true and that the o er slte received was for the 'land and that she would be expected to move her house. She felt that thi;t was not a reason- able offer. The public hearing was closed at 8:03 P.M. MOTION was made by k'•tayor Hilde, seconded by Counci,man Spaeth to defer this item until the staff investigates the matter more thoroughly. Motion carried, four ayes. Mayor Hilde introduced the second item for public hearing. Project No. 704, Kreatz High•oiew Acres Sixth Addition improve- ments and restoration work. Consulting Engineer Olson explained the project is detail and replied to Council's questions about restoration costs and proposed Alternate 8, boulevard location for the utilities. Mayor Hilde openobd the public hearing at. 8:10 P.M. kay Karels Engwa;ll, speaking for Anna Karels, 191E Dunkirk Lane, expressed concern with the timing of the project since in the past the area wa) found to be too low Lo be included in two other impvovement projects. She also questioned the method of assessment. Ma) -.)r Hilde explained the City's assessment policy and the reasons the area was excluded fran other improvement projects in the oast. Mrs. En wall requested COLMCII to consider Figure 2 in the report since it would offer more dasi;able alternatives. 5n - PUBLIC HEARING PROJECT NO. 704 KREATt HIGHVIEW 6TH ADDITION IPIPROVEMFNTS Item 5-B ti ACRES i Regular Council Meeting March 21. 1977 Page 51 I~!r. N.J. Brumvi . 1855 Dunkirk Lane, opposed the proposed FigureI in tierenort. No expressed concern as to whether 19th Avenue ii proposed to be constructed as a 9Aoni40 mph road. He staled 0w traffic them and to the wi 1 dl i fe i n another route to bring sewer utilizing a lift station. Magor Hilde stated of the area ai d the their petition. on Dunkirk has been disturbing to the area. He asked Council to fund and water into this area, possibly the project was petitioned for by residents public hearing was called in response to Engineer Goldberg stated that 19th Avenue was not to be developed at this time but a proposed location was being chosen at this time to make the project as economical as possible. He also stated the street would eventually be constructed, as a residential street. Engineer Olson stated the minimum cost of a lift 15.000 to $20,000 plus operating and maintenance not an economical consideration, station was expense and was Clarence Sch mer, 1830 Fountain Lane, one of the petitioners for the pro3i c, stated he and his neighbors were experiencing problems with their septic systems and were anxious for the project to be completed as soon as possible. He preferred the street location so that they could save their trees even though it would be more costly. The other petitioners attending the hearing indicated by voice they were still interested in having the project completed. Engineer Olson reviewed the restoration costs for Mrs. Engwall, Betty Snyder, 1810 Fountain Lane, stated the residents in the area petitioned for sewer and water six years ago and were denied and felt they should not have to pay for the inflated construction costs at this time. She spoke in favor of the project and also preferred the street location to save their trees. Mayor Hilde replied the assessment costs would be determined at a second public hearing after the improvement project was completed and the problems of this particular area would be taken into consideration at that. time. Bill Turk, 1825 Fountain Lane, spoke in favor of the project and chose thW. :street location in order to save their trees. The hearing was closed at 8:40 P.M. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RESOLUTION NO. 77-133, A RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 7049 KREATZ HIGHVIEW ACRES 6TH ADDITION IMPROVEMENTS, as proposed in Figure 2 and with, the installation in the streets. Motion carried on a Roll Call vote, four ayes RESOLUTION NO. 77-133 WERING F10L P_LW& SPECIFICATIONS PROJECT NO. 704 KREATZ HIGHVIEW ACRES 6TH ADON. IMPROVEMENTS Regular Council Meeting March 21, 1977 Page 52 PETITIONS, REQUESTS AND COMMUNICATIONS Councilman Neils made a statement giving his reasons for removing himself from Council deliberation on Rolf rickson's petition for a conditional use permit for a wind generator at his residence, 14520 - 12th Avenue North, which is attached as Exhibit A. Councilman Neils left the table. Mar.:ager Willis reviewed the status of Rolf Erickson's petition and the Planning Commission's recommendation for denial. Rolf Erickson stated he has not changed the basic propos- ition he presented to the Council on December 13, 1976 but he has supplied yore inforration about the noise and safety factors of the wind generator. He stated he has talked to his Neighbors and has not found a great deal of opposition. If the windmill was found to be disturbing to a majority of his neighbors, he proposed to take it down at his own expense. Since he did not have any personal investment in this project he would not object to this additional expense. He reviewed the chart illustrating noise levels that accompaided his request, but stated it was still uncertain as to how much noise his generator would create. Councilman Spaeth stated he had been contacted by one of Mr. Erickson's neighbors who opposed the construct -ion of the generator. Cob 8urandt stated he had made Re res ants of the arta and opposed the project because it vision recept+on, an effort to question many of found only one person who would 'aterfere with tele. Councilman Hunt stated he has a great deal of experience with wind generating systems and such a system would be acceptable to him in a proper environment; however, he did not feel it was acceptable in a platted area. His major concern was the height of the structure since City Ordinances restrict the neight of structures in platted areas to protect the surroundii.g residences. MOTION was made by Councilmen Hunt, seconded by Councilman Spaeth, to adopt RESOLUTION NO.77-134 A RESOLUTION DENYING CONDITIONAL USE PERMIT TO EXCEED HEIGHT LIMITS IN R-1 ZONING DISTRICT FOR 60 FT. WIND GENERATOR FOR ROLF ERICKSON A-701). Motion car.iel on a Roll Call vote, three ayes. Councilman Spaeth stated he would be glad to work with Mr. Erickson and Mr. 8urandt to make this project operable in a suitable location in Plymouth. He felt it was not suitable in a platted area and also did not meet required CUA' FOR WIND GENERATOR ROLF ERICKSON (A-701) Item 6-A RESOLUTION NO. 77-134 DE . G LONDIT16NACUSE PERMIT FOR 60 FT. WIND GENERATOR FOR ROLF ERICKSON (A-701) I Regulav Council Meeting March 21, 1977 Page 53 setback requirement` on the lot. He also felt the windmill would be a hazard to surrounding residences if is should fall. He suggested looking for a location in rural Plymouth to construct the windmill. Mr. Erickson stated the primary reason for the project was to determine if the wind generator could provide electricity for a residence. Councilmatr Hunt stated there are many homes being built outside of MUSA lines i n Pli-vmouth where a windmill could be built in conjunction with a new: v constructed hone without interrupting any setback requirements and without requiring a variance where it would fit into the atmosphere of the rural area. Mr. Burandt stated he felt the Council's concerns about safety were inconsistent with the fact that Perkins Restaurant on Highway #55 and 1.494 was located under a major power line. Councilman Spaeth replied State codes prevented construction of private residences under power lines but did not restrict the construction of public buildings in such a location. Mayor Hilde stated this project was ass experiment and was not suitable in a platted area. He asked Mr. Erickson to work with Councilman Spaeth to locate a suitable site in Plymouth for construction of the windmill. There was further discussion of the effect of the project 1n a platted area in relation to safety and aesthetics. Mr. Burandt presented pictures of a tower that had been destroyed by a windstorm. Mr. Burandt asked if the Council would consider granting a conditional rise permit for one year only in order :o complete his experiment. Mayor Hilde replied it would not be possible to grant this variance without setting a precedent for the future. He asked Messrs. Burandt and Erickson -to work with Councilman Spaeth to locate a suitable site: for the experiment. Council recessed from 9:25 P.M. until 9:55 P.M. Planner Dillerud reviewed John R. Paulson's request for REZONING rezoning frog R-1 to R-2 to accommodate construction of a JOHN R. duplex and Planning Commission's recommendations. He (A-714) replied to Council's questions about access to time lot and Item 6-B access to sewer and water service. Mr. Walther, representing J.R. Paulsen, explained the c`ulff s of building a desirable building on this lot and stated he inteided to make the duplex a-, attractive as possible. MOTION was made by Coutmcilman Spaeth, seconded by t;ouncilman Neils, to adopt ORDINANCE NO. 77-2, AN ORDI- NANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECTION 250 TOWNSHIP 118, RANGE 22 AS R,•2 (TWO FAMILY RESIDENTIAL) FOR JOHN R. PAULSON. Notion carried on a Roll :all vote, four ayes. R-1 to PAULSON R-2) ORDINANCE NO. 77-2 AMENDaNG ZONING ORDINANCE TO RECLASSIFY CERTAIN LANDS R-7 JOHN R. PAULSON Regular Council Meeting March 21, 1977 Page 54 MOTION was made by Councilman Spaeth, seconded by Councilman Mils, to adopt RESOLUTION NO. 11-1316 A RESOLUTION SETTING CONDITIONS TO BE MET PRIOR TO FILING OF ZONING ORDINANCE FOR JOHN R. PAULSON deletincl Item !. MOTION TO AMEND w. -is made by Councilman Neils, srranded, by Councilman Hunt, icy reinstating Item 4, deletiot the words V* County Road 14 West Service Drive only" and substitut- ing "Kilmer Lane." Motion to amend carved, four ayes. MOTION TO AMEND was made by C-auncilman Hunt, seconded by Councilman Spaeth, by adding 1'[m 5 requirinq petitioner to be directed to architet turally treat this building in such a manner that it more cinsely resembles a single-family residence. Motion to amend carried, four ayes. Motion to adopt Resolution No. 77-135 as amended carried on a Roll Call vote, four ayes. Planner Dillerud reviewed Robert Middlemist's request for prel imirtzry Plat approval of Middlemist 3rd Addition and rezoning from R -C tn R-1. Robert Middlemist reviewed his plans for development of his 3rd Addition and stated he intended to preserve as many trees as possible in this heavily wooded area. Jud Williams, 4120 Ximines Lane. representing the Lost a e homeowners, stisted they were in favor of this development but they were concerned about the construction dirt being carried into the lake. She questioner: whether an alternate construction method could be utilized 4.o avoid harming the lake. Mr. Middlemist stated he would take this concern into consideration. MOTION was made by Councilman Noils, seconded " Hunt, to adopt RESOLUTION NO. 77-136, A RESOL ING PRELIMINARY PLAT FOR MIDDLEMIST 3RD ADDII ROBERT MIDDLEMIST (11-713). MOTION TO AMEND was made by Councilman Hunt, by adding contract for the final plat control. RESOLUTION X10. 77-135 SE NG6F1D1 l 5 rF FILING ZONING ORDINANCE JOHN R. PAII.I.SON (A414) PRIEUMINARY PLAT b REZONING % k-1 MIODL,EMIST 3RD ADDITION ROBERT MIDDLEMIST A-718) Item 6-C-2 ilman RESOLUTION' NO. 77-136 ROY- APPROVING `WL NITTW PLAT FOR R. MIULULEMIST MIDDLEMIST 3RD ADDITION A-713) Councilman Neils, secr-ided by Item 8 requiring the d!velopmenr to include a provisiin for erosion Motion to amend carried. four ayes. Motion to adopt Resolution No. 77-136 as amended carried on a Roll Call vote, four ayes. Regular Council Meeting March 21, 1977 Page 55 MOTION was made by Councilman Spaeth, seconded by ORDYNANCE NO. 77-3 Councilman Neilsq to adopt ORDINANCE N0, 77-3, AN ORDI- ANEOING 70HING NANCE AMENDING THE ZONING ORDINANCE `TO CLASSIFY "!', ORDIkANC' 0 LANDS IN SW ION 139 TOWNSHIP 1189 RANGE 22 AS R -i tbiNGLE CERTAIN LANDS AS R-1 FAMILY RESIDENTIAL) FOR ROBERT MIDDLE_:ST - MIDDLFMIST 3RD MIDDLEMIST 3RD ADDITION ADDITION (A418). Item 6-C-2 (A-718) Motion carried on a Roll Call vote, four ayes. Planner Dillerud revieweo Philip Feldman's request for rezoning, preliminary plat and Conditicnal Use Permit approval aad prssented a new design for 56 lots. MOTION was made by Councilman Spaeth, seconded b%,# Councilman Neils, to adopt RE53LUTION NO. 77-137, A RESOLUTION APPROV- ING PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR SUB- DIVISION UNIT PROJECT FOR WESTMINISTER ADDITION (A-717) amending resolution to read 56 lots rather than 57 lots in paragraphs 1 and 3. Motion curried an a Rol'. Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt ORDINANCE NO. 77-4, AN ORDINANCE AMENDING THE 70NIK1 ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECTIONS 22 AND 23, TOWNSHIP 1101 PANGS 22 AS R-1 (SINGLE FAMILY RESIDENTIAL) FOR PHILIP FELDMAN WESTMINIST:R ()-/17). Motion carried or a Roll Cal vote, f'uar ayes. Planner Dillerud reviewed the amendments to the general development plan for the "Plymoutn Hills" office and commer- cial site submitted by the Plymouth Hills Company, Dick Wolsfelt, Traffic Ewe eer, replied to Coun..il's questiens a out the traffic plan for the area and the intersection at County 1Qoud 9 and Vicksburg Lane, Dail Fa zend 1 n cofmvented on the proposed pian. MOTION was ;rade by Counri iman Neils. seconded by Councilman hunt, to adopt RESOLUTION NO. 77.130% A RESOLUTION APPROVING PRELIMINARY PLAT FOR PLYMOUTH H'lu'.s COMPANY OF "PLYMO',TH HILLS" (A-67:) wilLh the following additional conditions: 7) 34th Avenue and 35th Avenue be redesignated ae. 35th Avenue and 36th Avenue; and 8) additional desiesn cans iderations for the Vicksburg Lane/new County Rodd 9 intersxtion ai a required. M01 Iffy TO AMEND was made by Courci lman Councilrvr% Hunt, by striking the words bined RPUD" in Item 1 and substituting only the RPUG concapt." Kation tr, amend carried, four ayes. Neils, seconded by only as A com- the words " using RESOLUTION N0. 77-13? APPROVING PRELIMINARY PLAT S LLP FOR SUP WESTKINISTER ADDITION A-717) Item 6-C-1 ORDINANCE NO. 77-4 N5NC ZbffWG NOIRAKE TJ C!.A SIFV CERTAIN LANDS AS R-1 PHILIP FELDMP;N WESTMINISTER (A-717) Item 6-C-1 RESOLUTION NO. 77-138 AA'PROVtVG EURI WRY T*LAT "PLYMOUTH HILLS" PL',1MOUTH HILLS COMPANY A-675) Item 6-0 Regular Council Meeting March 21, 1477 Page 56 MOTION TO AMEND was made by Councilman Neils, seconded by Councilman hunt, by striking Item 2 of the resolution and substituting the following: "the parcel indicated as 'park' east of Block 8, Lot 3, be dedicated with the initial -final Wl t." Motion to amend carried, four ayes. Motion to adopt Resolution No. 77-138 as amended carried on a Roll Call vote, four ayes. Frank Larsen commented on the proposed "Auto Care Center." A lengthy discussion followed. Dan Fazendin requested Council to consider rezoning Block 6 as B-2. Council discussion followed. MOTION was made by Councilman Neils, seconded by Councilman Hunt, to adopt RESOLUTION NO. 77-139, A RESOLUTION APPROVING GENERAL DEVELOPMENT PLAN FOR PLYMOUTH HILLS COMPANY FOR PLYMOUTH HILLS" to -675). MOTION TO AMEND was made by Councilman Hunt, seconded by Councilman Neils, by amending paragraph 4 by striking the words "and Outlot B" and adding ai the end of the paragraph the words "and Outlot B from I-1 to B-1." Motion to amend carried, four ayes. Motion to adopt Resolution No. 77-139 as amended carried on a Roll Call vote, four ayes. MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-140, A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR PLANNED BUSINESS DEVELOPMENT FOR PLYMOUTH HILLS COMPANY FOR "PLYMOUTH HILLS" ADDITION (A-675). Motion carried on a Roll Call vote, four ayes. Mayor Hilde called Councilman Hunt to the chair and left the table. MOTION was made b• Councilman Spaeth, seconded by Councilman Hunt, to fidopt RCEyOLUTION NO. 77-141, A RESOLUTION APPROVING LOT DIVISION FOR BERNARD TOUHEY FOR PROPERTY LOCATED AT SW QUADRANT OF COUNTY ROAD l5 AND ZACHARY LANE (A-121). Motion carried on a Roll Call vote, three ayes. MOTION was made by Councilrrin Spaeth, seconded by Councilmen Neils, to adopt RESOLUTION :10. 77-1429 A RESOLUTION SETTING CONDITIONS PRIOR TO FI:.ING OF LOT DIVISION FIR BERNARD TOUHEY A-721). Motion carried on a Roll Call volt, three ayes. Mayor Hi lde rel• urned to the table and assumed the chair. P RESOLUTION N0, 77-139 APPROVING GENERAL DEVELOPMENT PLAN PLYMOUTH HILLS" PLYMOUTH HILLS COMPANY A-675) Item 6-D RESOLUTION NO. 77-140 APPOVING CONUITIO AL USE PERMIT FOR PLANYED BUSINESS DEVCLOPMENT PLYMOUTH riI! LS" PLYMOUTH HILLS COMPANY A-675) Item 64 RESOLUTION N0, 77-141 APPROVING LOT D V S O BERNARD TOUHEY (A-7''1 :':_ Item 6-F-1 RESOLUTION NO. 77-142 SETTING ND T1 VNS0R LOT DIVISION FOR BERNARD TOUHEY (A-721) Item 6-F-1 I I TO 10t10RABLE MAYOR AND COUNCILMEN tTIZENS OF PLYMOUTH It SUBJECT: ROLF ERICKSON PETITIONS FOR WIND GENEP.ATOR EXHIBIT A 3/21/77 I INTEND TO REMOVE MYSELF FROM ANY FURTHER CI'T'Y COUNCIL DELIBERATION OF R. ERICKSON'S PETITION CONCERNING THE WIND GENERATOR, I RE4AIN CONVINCED THAT THIS COUNCIL'S PtTION ON THF INITIAL PETITION WAS A PROPER DECISION IN THE BEST INTERESTS OF THE PLYMOUTH COMMUNITY. I REMAIN IER- SUADED BY CONSCIENCE AND ADVICE OF LEGAL COUNSEL THAT MY PARTICIPATION IN THAT DCPISION IN NO WAY CONSTITUTED A CONFLICT OF INTEREST. 14Y SINGULAR REASON FOR STEPPI'." DOWN AT THIS TIME IS TO REMOVE THE EXCUSE CERTAIN NEWS PEOPLE HAVE rXPLOITED TO CRITICIZE. THE COUNCIL'S DECISION; THAT IS, THE MATTER OF APPEARANCES FROM MY EMPLOYMENT WITH t:Sr, INCIDENTALLY, THE NSP POLICY POSITION IS TO COOPERATE WITH ANY CUSTOMER PLANS FOR ON-SITE GENE- RATION, IF TOWERED BY RENEWABLE RESOURCES, AND ACCOMPLISHED WITHOUT DETRIMENT TO TH): SERVICE OF OTHER CUSTOMERS. SIhTE THE COUNCIL'S UNANIMOUS DECISION TO DENY ON DECEMBER 13, NOT A STUGLE RESIDENT° OF PLYMOUTH - NOT EVEN MR, ERICKSON OR MR. BURANDT - H.;S CONTACTED 14E TO CRITICIZE THAT DECISION, OR MY PARTICIPATION IN IT, THIS TO ME THAT PLYMOUTH CITIZENS CONTItRtE THEIR HISTORY OF INDEPENDENT THINKING, PLACING PROPER VALUE AND PERSPECTIVE ON 'ra EFFORTS OF THOSE FEW 1400 WOULD ASSUME THE PRTVILF.GE OF "SHAPING" THE PUBLIC OPINION, IN YOUR RECONSIDERATIO,S OF THIS PETITION, I ASK THAT YOU UPHOLD THE LAWS OF OUR CITY, AND THAT YOU AFFORD A FAIR HEARING TO ANY NEW 1NFORMATIrN RELEVANT TO THIS MATTER. I ALSO ASK 'CI[AT YOUR DECISION IN THIS CASE AFFECTING THE 14TIl AVENUE NEIGHBORHOOD, BE A DECISION YOU COULD APPLY ON A CONSISTENT BASIS TO ANYOTHER PLYMOUTH NEIG1111ORHOOD, INCLUDING YOUR OWN. COUACILMAN G. H. NFALS F Regular Council Meeting March 21, 1977 Page 57 Lowell la6erge, 111111. Medicine lake Elvd., and Mrs. Lalerge explained to Council their reasons for requesting the lot division/consolidation and their plans for building a family home. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to deny lot division/consolidation for LaBe rge's property located at 2020 E. Medicine Lake Boulevard (A-722). Motion failed, one aye. Mayor hilde, Councilmen Hunt and Neils voted nay. MOTION was made !+y Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTIOM rM. 77-143, A RESOLUTIOfI APPROVING LOT DIVISION/CONSOLIDATION FOR LABERGE'S PROPERTY LOCATED AT 2020 E. MEDICINE LAKE BOULEVARD (A-722). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-144, A RESOLUTION SETTING CONDITIONS FOR LOT DIVISION/CONSOLIDATION FOR LOWELL LABERGE A-722) as follows. 1) in the process of applying for a buildin3 permit no variances may be granted other than by ordinance; and 2) any sewer or water stubs that might be required shall be installed at the expense of the owner. Noti. carried on a Roll Call vote, four ayes. MOTION was made by Counci+man Spaeth, seconded by Councilmdn Neils, to adopt RESOLUTION NO. 77-145, A RESOLUTION AUTHORIZ- ING AND DIRECTING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH DISTRICT 284 YOUTH HOCKEY ASSOCIATION. Motion carried on a Roll Call vote, four ayes. Councilmen Neils and Spaeth left the table. MOTION was made by Councilman Hunt, seco ided by Mayor Hilde, to adopt RESOLUTION NO. 77.1461 A RESOLUTION APPROVING PRELIMINARY PLAT FOR sr. PAUL COMPANIES FOR "DRAKELAND" PLAT LOCATED AT SW CORNER OF COUNTY ROAD 18 AND 49TH AVENUE NORTH A -69S). Motion carried an a Roll Call vote, two ayes. MOTION was made by Councilman Hunt, seconded by Mayor Hilde, to adopt RESOLUTION NO. 77-147, A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR PLANNED BUSINESS DEVELOPMENT FOR DRAKELAND FOR ST. PAUL COMPANIES (A-698). Motion carried on a Roll Call vote, two ayes. f?- LOT DIVISION; CONSOL. LOWELL LABERGE (A-722) Item 6-F-2 RESOLUTION N0, 77-143 PRO ING 7 T DIVISION/ CONSOLIDATION FOR LOWELL LABERGE (A..722) Item 6-F-2 RESOLUTION NO. 77-144 SETTINGD N LOT DIVISION/CONSOL. FOR LOWELL LABERGE (A-122) Item 6-F-2 RESOLUTION t.0. 77--145 145THOR NG GREEEN DISTRICT 284 YOUTH HOCKEY ASSOCIATION Item 7-A RESOLUTION N0, 77-146 1t U I L 'NA tR PLAT FOR ST. PAUL COS. DRAKELAHD (A-698) I twn 6-E RESOLUTION NO. 77-147 APP II NG CRMHOW USE PERMIT FOR PLANNED BUSINESS DEVELOPMENT Ft,R ST. PAUL COMPANIES VRAKELAND (A-690*) t tem 6-A Regular Council Meeting March 21, 1977 Page 58 MOTION was made by Councilman Hunt, seconded by Mayor Hilde, to adopt RESOLUTION NO. 77-148. A RESOLUTION APPROVING RPUD CONCEPT PLAN FOR "DRAKELAND" PLAT FOR ST. PAUL COMPANIES. Motion carried on a Roll Call vote, two ayes. Councilmen Neils and Spaeth returned to the table. MOTION was made by Councilman Hunt, secanded by Mayor Hi 1 de, to adopt ORDINANCE NO. 77.5, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECTION 129 TOWNSHIP 118. RANGE 22, AS B-1 (LIMITED BUSINESS DISTRICT) FOR ST, PAUL COMPANIES "DRAKELAND" (A-698). Motion carries: on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RESOLUTION NO. 77-149, A RESOLUTION AUTHORIZ- ING THE SALE OF LUT 1, BLOCK 1, PLYMOUTH CENTER, TO THE U.S. POSTAL SERvICE FOR THE SUM OF Se7.714. Motion carried on a Roll Call vote. 11our ayes. Rick Sathre, McCombs -Knutson Associates, stated 49th Avenue is projected to be a major thoroughfare and would serve many other residents in the future. He Laid the developers proposed to pay for a 7 -ton, rural section street at present and have the City upgrade it in the future when MSA funds become available. Council discussed various alternatives for the project. MOTION was made by Councilman Spaeth, seconded by Coinci lman Hunt, to allow the developer to go ahead and build ft? road 52 feet wide with curb and gutter to 7 -ton standard but hold down ;mat so at future date it could be brought up to 9 -ton standard. Motion carri A.. four ayes, MIOTION was made by Councilman Hunt, seconded by Councilman Neils, that under the normal process the developer pay for the total cost of the facilities with a 25% down payment with thr balance assessed over five years, Motion carried, tour ayes. MOTION was made by Councilman Hunt, seconded by Councilman Neils, that the conditions be subject to petitioner's supplying a waiver of public hearing. Motion carried. four ayes. RESOLUTION N0, 7;'-148 NG RPUD COKEFT PLAN FOR DRAKELAND A498) Item 6-A OkIINANCE NO. 77-5 M ORDIUNCE TO CLASSIFY CERTAIN LANDS AS B-1 DRAKEL4NO (A-698) RESOLUTION NO, 77-149 AUTHORIZING SAII 0 LOT 1, BLOCK 1, PLYMOU ii CENTER TO U.S. POSTAI. SERVICE Item 6-G 49TH AVENUE PROJECT NO. Item 5-J-2 IMPROVEMENT 766 , 1 Regular Council Nesting March 21, 1977 Page 59 NOTION was wade by Councilman Neils, to recef vt- the report Project No. 706-. Motion carried, three eye%* Spaeth, seconded by Councilman on 49th Avcnue improvements, Councilman Hunt voted no, MOTION was made t4v Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION N0. 77-i% A RESOLUTION RECEIVING REPORT AN.) CALLING HEARING ON IMPROVEMENTS FOR QUEENSLAND- GpEENDALE AREA, PROJECT N0. 7059 FOR APRIL 189 1977 AT 30 P.M,. Potion carried or. a Roll Call vote, four eyv,. RESOLUTION NO. 77-150 RECEIVING -REPORT & CALLING HEARING ON IMPROVEMENTS FOR QUEENSLANG-GREENDALE PROJECT NO, 705 Item 6-J-1 The City Engineer presented the petition of Arnold Palmer for REQUEST FOR IMPROVEMENT extei,sion of water main to serve Palmer's Cove Aldition, PALMER'S COVE ADDITION Item 6-H MOTION was made by Councilman Spaeth, seconded by Councilman Neils6 to deny petition for improvements to Palmer's Cove Addition. Motion carried, fou.d eves. NOTION was made by Councilman Neils, to fnclude this project next review of the 5 -year CIP. Motion carried, four ayes. Hunt, secondee! V Councilman for consideration at the MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to adopt RESOLUTION N0, 77-151, A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR STREET LIGHTING F9R CIMARRON PONDS. Motion carried on a Roll Call vote, three ayes. Councilman Neil: abstained. MOTIJN was made by Councilman Spaeth. seconded by Councilman Neils, to adopt RESOLUTION N0, 77-62. A RESOLUTION AWARDING BID FOR ONE 27,500 GVW 1977 CAB AND CHASSIS TRUCK TO GROSSMAN CHEVROLET OF MINNEAPOLIS IN THE AMOUNT OF 11.556.00. Motion carried on a Roll Call vote, f;ur ayes. MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-153, A RESOLUTION RELEASING BOND FOR MEADOWLAWN ESTATES 4TH ADDITION. Motion carried on a Roll Call vote, two ayes. Councilman Neils voted nay. Councilman Spaeth abstained. 59- RESOLUTION NO. 77-151 ORDERING REPORT FOR STREET LIGHTING FOR CIMARRON PONDS Item 6-I RESOLUTION NO. 77-152 ARAWINGNG DUMP TRUCK Item o -L RESOLUTION N0, 77-153 RELEAS I B N TWA MEADOWLAWN ESTATES 4TH AnDITION Item 6-M If Regular Council Meeting March 219 1977 Page 160 NOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-154, A RESOLU710N AUTHORIZING PA170INT ON REQUEST FOR PAYMENT NO, 3 IN THE AMOUNT OF $1, 71.69 TO SOLIDIFICATION, T to, F(A SANITARY SEWER TELEVISING. Motion c4rried on a Roll Call vote, four ayes. MOTION was rzad by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77 -ISS, A RESOLUTION AUTHORIZ- ING PAYMENT ON RENEST FOR PAYMENT N0,, 1 IN THE AMOUNT OF 17,638.74 TO BEATSON b KELLY CONTRACTORS, INC. FOR PROJECT N0, 1169, PINETREE POND STORM SEWER. Motion carried on a Roll Call vote, four ayes. MOTION was made bye Councilman Spaeth, Neils, to adopt RESOLUTION NO, 77-1569 ING, PAYMENT ON REQULST FOR PAYMENT NO. 479106.98 TO NOOLAND ASSOCIATES, INC. BASS LAKL IMPROVEMENTS. seconded by Councilman A RESOLUTION AUTHORIZ- 8 IN THE AMOUNT OF FOR PROJECT NO. 607, Motion carried on a Roll Call vote, four ayes. MOT -1014 was rade by Councilman Spaeth, secofi:.c! by Councilman Neils, to adopt RESOLUTION NO. 77-157, A RESOLUTION APPIOVING DISBURSEMENTS FROM THE GENERAL FUND, CONSTRUCTION FUND, NATEP FUND, SEWER FUND AND SPECIAL ASSESSMENT FEND IN THE AMOUNT 3F 2936086.03 FOR THE PERIOD ENDING MARCH 151 1977. Potion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, :seconded by Councilman Neils. to adopt RESOLUTION NO. 77-1589 A RESOLUTION DESIGNATING PLYMOUTH BAPTIST CHURCH, 13130 - 47TH AVENUE NORTH, AS THE OFFICIAL POLLING LOCATION FOR PRECINCT NO. 12 FOR THE SPECIAL CITY ELECTION ON APRIL 19, 1977. Motion carried on a Roll Call vo,e, four ayes. Mayor Hildt, adjourned the meeting at 12:30 A.M. 60- RESOLUTION N0. 77454 SANITARY SEWER TELEVISING Item 6-N-1 RESOLUTION NO. 77-155 REQUEST FOR PAVNEff PROJECT NO. 116 PINETREE POND STORM SEiIER - Item 6-N-2 RESOLUTION NO. 77-156 REQUEST VOR PAY14ENT PROJECT NO. 607 BASS LAKE AREA Iter, 6-N-3 RESOLUTION NO. 77-157 A R -10 J S UR ENTS FOR PERIOD ENDING 3/15/77 Item 6-0 RESOLUTION 110. 77-158 OES1IGNAT-T G PLACE FOR PRECINCT N12 JO fore to arr i ty City Clerk