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HomeMy WebLinkAboutCity Council Minutes 05-02-1977Page 84 MINUTES REGULAR COUNCIL, MEETING May 2, 1977 A regular mreting of the Pl).cuth City Council was called to Hunt at 7:30 P.M. in the Council Chambers of t1e Putlic Works Twen y-third Avenue Horth, on May 29 19776 order by Acting Mayor Building, 14900 PRESENT: Acting Mayor Hunt, Councilmen Neils, Seibold and Spaeth, Manager Willis, Planner D111erud, Engineer Goldberg, Administrative Assi,!dnt Boyles and Attorney Lefler, PS'SPNT: Mayor Hilde MINUTES V9YION was made by Councilman Seibold, seconded by Councilman feils, to approve the minutes of the April 25 special Council meeting as submitted. Motion carried, three aye... Cajncilman Spaeth abstained. PUBLIC BEARING - PROJECT 706 - 49TH AVENUE IMPROVEMENTS Manager Willis re-iieweo the requirements and procedures for the public hearing and arnoun%ed that notices of the public hearing were published in the New Hope -Plymouth oosr. written notice was mailed to each property owner in the improvtlnent area, announce- ments ard discussions at Council meetings were held and there had been numerc,us newspaper write-ups on the subject project He there explained tle special assessment policy dnd procedures followed by the City. Engineer Goldberg reviewed the project in detail. Council discussed the proposed street design for 49th Avenue. Acting Mayor Hunt opened the putlic hearing at 7:46 P.M. MINUTES - SPECIAL COUNCIL MEETING APRIL 259 1977 Item 4 PUBLIC HEARING PROJECT 706 49TH AVE, IMPRVMENT I ten- 5 The following residents of the area spoke in favor of the improvKiient project: bonnie Peterson, 11620 - 53rd Avenue N.; Sue Gannott. 11710 54th Avenue N.; Jean Voth, 11620 - 54th Avenue N.; George Pol usny, 11555 - 54th Avenue N.; OAve Pauba, 11615 - 53rd Avenue h.; Don M. Mason, 11704 - 53rd 4?pue N.; Kenneth Gustafson, 11730 - 53rd Avenue N.; Darrell Erickson, 11615 - 53rd Avenue N.; Wanda Jo Crivits, 11610 - 540 Avenue N.; Mrs. Ernest Woodrow. 11575 - 53rd Avenue N.; Richard and ;i1 Northway, 11605 - 53rd Averue N.; John Yl*visaker, 11605 - 53rd Avenue N.: Elroy Stewart, 11745 - 53rd Avenue N.-, Bob Nord, 11700 - 54th Avenue N.; Pat Seliski, 12010 - 53r: Avenue N.; Kathleen Byrnes 11535 - 34th A "nue N.; Jerry Quinn, 11510 - 53rd Avenue N., Dolores Durand, 12006 - 53rd Avenue N.; Pat Papenfuss, 12020 - 63rd Avenue N.: Virgil Schneider, 11520 - 54th Avenue N.; Jim Evenson, 11710 - 536"d Avenue N. 84. r i REGULAR COUNCIL MEETING May 29 1977 Page 85 No one spoke iii opposition to the improvement project. The public hearing was closed at 8:55 P.M. MOTION was wade by Councilman Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION 90. 77-2179 A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 49TO AVE., PROJECT Ntl, Me NOTION TO Aiif ND was made by Councilman Neils, seconded by Councilman Spaeth, for final plans to make provision to the extent practicable for nater and sewer trunk service, but not necessarily for constriction, of that service at the present time. Mbtion to amend carried, four ayes. Motion to adopt Resolution No. 77-217 as amended carried on a Roll Call vote, four ayes. MOTION was made by Councilman Neils, seconded by Councilman Seibold, to direct staff to notify the landowners of this action and attempt to work with them for the routing of utility lines and curb cuts for street alignments at the earliest possible time. ion carried, four ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Maraner Willis introduced the petition from South Shore Drive residents to close the road at the Bassett Creek Bridge. Council reviewed the results by the Street Department and types of traffic in the area traffic down, of the traffic count conducted there was a discussion of the and possible means of slowing David Buzzelle, 10222 South Shore Drive, stated the high speed ootra fic- RU noisy created by young people driving up and down the road from the beaches were causing further disturbance to the residents of South Shore Drive. Since the Country House is planning to enlarge its activities, the residents fear their pralems will increase. They request the road to be cicsed, even a+ inconvenience to themselves, in order to prevent personal injuries 'n the future. Bob Scribner, AMLAC representative, .stated ever, property owner along SoutVShore Drive hav had damage to his proper+v and the excessive traffic speeds and drinking parties in the Eat.: and West Medicine Lake parking lots are disturbing the residents. 85- RESOLUTION N0. 77417 S 49TH AVE. IMPROVEMENTS PROJECT NO, 706 Item 5 SOUTH SHORE DRIVE TRAFFIC PROBLEM Item 6-A REGULAR COUNCIL MEETING May 2. 1977 Page 86 Dean DaM in. 10406 South Shore Drive, requested that 1f the road was not c osed that markers be placed along the roar! indicating the curve and aw. ked for a special patrol to be assigned to the area for a limited time to discourage high traffic speeds. There was a discussion of the possibility of lowering the speed limit on the strett to 20 mph. Engineer Goldberg stated this would require a study to be made by the Commissioner of Highways. Chief Hawkinson felt t:+s action would slow traffic down a little but would demand constant enforcement and he aou'd prefer to see additional stop signs plaud on the street. There was further discussion of alternate means of slowing down traffic, Councilman Seirold stated the problem seemed to be the quality of traffic on the drive rather than the quantity. He felt the new management policies at the Country House would upgrade the gfjality of the customers there and said the City would try to solve the problem of noise and disturbances at the beaches. He asked the Council to adopt a wait-and-see attitude at present until the above solutions are proven to be effective or not. Council questioned Chief Hawkinson about enforcement of the ordinance prohibiting drinking nn public beaches. Sergeant Tom Saba reported on the problem% of enforcing the ordinance on the Medicine lake beiches. He stated it would be helpful if the courts understood the seriousness of the situation and cooperated in prosecuting theL offencl&irs ind dispensing tough fines. Sergeant Larry Rogers stated there must be some communication between the Li:y's administratioft and court officials regarding this problem. Attnrney Lefler suggested haviri an attorney present at arraign- ments 'in these cases to talk tc the court about the seriousness of the problem in our community. Council discussed various alternatives of iii;,roving the situation on the beaches and parks. Chief Hawkinson and Sgt. Stba replied to Council's questions about enfor.ing requlations for minibikes. They suggested an ordinance authorizing impoundment of the ol7fender's vehicle would be helpful in enforcing the regulations. MOTION was made by Councilman Seibold, Peconded by Councilman Spaeth, to direct staff to continue their effortq. to develop this set of control ordinances and to bring them back to Coimcil as soon as possible for adoption taking into consideration the following: 6- PUBLIC OISTURBANCES: MINIBIKES b PARTIES ON PUBLIC A PRIVATE PROPERT` Item 7-D r 1 L REGULAR CANCIL MEETING R:y 2, 1977 Page 87 1) an ordinance on curfe-j; 2) fencing in parks; 3) better nate structures at entry to parks; -0 possibility of identification for Plymouth residents at park entry; 5) cost analysis for additional patrolman 0. an overtime basis; eu d 6) cost of full•tfine attendant at gate during summer months. NOTION TO AMEND was made by Councilman `+unt, seconded by Councilman Neils, to :add Item 7 dirRcting Staff to look at various access points to see if we can qet bettor control with one outlet into the parks. Motion to amend carried, four ayes. MOTION TO AMEND wat made by Councilman Neils, seconded by Councilman Hunto to add Item 8 directing staff to con!:ider providing authority to tag or impound vehicles to simplify enforcement. Motion to amend carried, four ayes. Main motion carried as amended, four ayes. NOTION was male by Councilman Neils, seconded by Councilman SpReth, to direct staff to prepare a resolution authorizing communication ay the City, under letter of the manager or mayor, to the Chief Justice of the County Court conveying the nature arw! seriousness of the problem in our parks and beaches and !.oliciting the court's cooperation in prosecuting offenders. Motion cao•ried, four ayes. MOTION was made by Coum,.ilmon Hunt, seconded by Councilman Neils, to lirect Police U;,%partment to utilize traffic count results on South Shore Drive to enforce stricter patrol of the stree, until arch time as the proposed control ordinances are adopted. Motion carried, four ayes. MOTION was made by Councilman Neils. Seibold, to direct staff to consider one-way traffic on South Shore Drive report the conclusions of that study, and negative aspects, at the earliest Motion carried, four ayes. seconded by Councilman the possibility of creating from west to east and including the positive possible tine. MOTION was made by Councilman Neils, seconded by Councilman Hun6w, to direct staff to prepare resolutions and consider the possibility for placement of st,)p signs at the r0 lroad tracks at South Shore Drive and at the Bassett Creek bridge and report 87- R16 REGULAR COUNCIL MEETIM May 2v 1977 Page 88 an efforts to secure the City of Medicine lske's cooperation and participation in making it a stop from both directlois and in stalling 3 -way stop signs on South Shore Drive and Peninsula Road. Motion carried, four ayes. Mr. Buzzelle stated he felt upgradinn and clearing up the parks would not solve the traffic problem on South Shore Drive and the only way this ,:ould be proved would be to close the parks for a period of time. Acting Mayor Hunt stated the City could not close off South Shore Drive becayse. there is no other way to answer public safety calls on the other side of the lake. MOTION was made by Councilman Seibold, seconded by Cuuncilman RES0IJTION NO. 77-218 Neils, to adopt RESOLUTION NO. 77-218, A RESOLUTION IPPROV I NG AWRa N MENOE0S 1 AMENDED PRELIMINARY PLAT AND CONDITIONAL USE PERMIT cOR SUB- PRELIMINARY PLAT b CUP DIVISION UNIT PROJECT FOR S.J. GROVES FOR WELLINGTON ADDITION WELLINGTON ADDITION A-412). S.J. GROVES A-472) A-719) Motion carried Item 6-B Mein 6-C-2 Motion carriefj on a Roil Call vote, four ayes. MOTION was made by Councilman Neils, seconded by Councilman %ESOLUTION NO. 77-219 Spaeth, to adopt RESOLUTION NO.. 77-219, A RESOLUTION APPROVING OPROVINI CUP FOR CONDITIONAL USE PERMIT FOR NATIONAL CAMERA EXCHANGE FOR NATIONAL. CAMERA RETAIL CAMERA OPERATION IN B-3 ZONING DISTRICT (55 PROPERTIES) EXCHANGE. FOR A-453), 55 PROPERTIES (A-4 Item 6-C-1 Motion carried on a Roll Call vote, four ayQs. MOTION was made by Councilman Spaeth, seconded by Counc-'lman RESOLUTION NO. 77-220 NeilF, to adopt RESOLUTION NO. 77-220, A RESOLUTION APFIOVING APPROVING COMIDITIN L CONDITIONAL USE PERMIT FOR HOME OCCUPATION FOR CAROL NEw.MAN USE PERMIT FOR HOME A-719), OCCUPATION FUR CAROL NEUMtANN A-719) Motion carried on a Roll Call vote, 'bur ayes. Mein 6-C-2 Janet R. Scanlon, 13227 B County Roid 15, questioned Courcil dbOut t e c nations for filing of 'lot division for her property. MOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTION NO. 77-221 Seibold, to adopt RESOLUTION NO. 77-221, A RESOLUTION APPROVING APPROVING T IVIS FN LOT DIVISION OF EXISTING PLATTED X01` FOR JANET SCANLON (A-720). EXISTING PLATTED LOT JANET SCAN!ON (A-720) Motion carri-.d on a Reil Call vot.e, `'our ayes. Item 6-0-1 MOTION was made by Councilman Spaeth. seconded by Councilman RESOLUTION NO. 77-222 Neils, to adopt RE1z91.UTION NO. 77-222, A RESOLUTION 'SETTING STET -T! N6 05,0_1TOT^NS CONDIT14ONS PRIOR TO FILING OF 0T DIVISION FOR JANET SCANLON FOR LOT DIVISION A-720), JANET SCANLON A-120) Item 6-D-1 Motion carried on a Roll Call vote, four ayes. 88- j REGULAR COUNCIL ME ETIK May 2. 1'177 Page 89 N was made by Councilman Spaeth, seconded by Councilman Id. to adopt RESOLUTION NO. 77-2239 R RESOLUTION APPROV % 03 4VISION OF PLATTED PROPERTY FOR ENTERP31SE PROPERTIES A6). Notion carried on a Roll Call vote, four ayes. M07104 was mace by Councilman Neils, to adopt RESOLUTION NO. C',NDITIONS PRIOR TO FILING OF PROPERTIES (A-176). Spaeth, seconded by Councilman 77-224, it RESOLUTION SETTING LOT DIVISION FOR ENTERPRISE MOTION TO AMEND was made by Councilman Spaeth, seconded by Councilman Neils, by adding Item 5 requiring a SO ft. setback on sideyard next to future County Roar. 15. Notion to amend carried, four ayes. Motion to adopt Pesolution No, 77-223 as amended carried or a Roll Call vote, four ayes. Gerald Wilson, 540 N. Pineview Lane, questioned the Council about tt e ` t division and which streets would be used for access to the newly createe lots. Harry Garvin questioned Council about the right-of-way for the proposed County Road '15. Manager Lillis reviewed Bryce Johnson's request for sanitary sewer service to his property on the west side of 1 494 north and south of County Road 47. MOTION was made by Councilman Neils, seconded by Councilman Seibold, to defer action on this patition at this time and review it this fall during review of the 5 -;ear C.I.P. Motion carried, foyer ayes, Mar in Grant, Marvin Anderson Construction, presented Mr. JohnsoiP pian for development to the Council. Acting Mayor Hunt stated it was not an appropriate time to ask the Metropol i to o, Council to move the MUSA lint' to include this pArcel and the.' it would be appropriate to dQal with it at the time the City's 5 -year C.I.P. is reviewed in :he Pall. Engineer Goldberg replied to Council's questions regarding modifications to the contract for improvements on T.H. 101/ CSAR 6. 89 - RESOLUTION NO. 77-223 APPROVING LOT DIS h PLATTED PROPERTY ENTERPRISE PROPEL?T!ES A-176) Item 6P-0-2 RESOLUTION NO. 77-224 SETTING COND S LOT DIVISION FOR ENTERPRISE DROPERTIES A-116) Item 64-2 PETITION FOR SANITARY SEWER SERVICE BRYCE. JOHNS014 PROPERTY Item 6-E REGULAR COUNCIL MEETING May 2.. 1971 Page 50 RESOLUTION M071ON was made by Councilman Spaeth, seconded by Councilman NO. 77425 Neils, to adopt RESOLUTION NO. 77.225. A RESOLUTDfM APPROVING APPROVI UPPLE- SUPPLEMENTAL AGREEMENTS NOS. 1 AOD 2 FOR PROJECT 110. 506, `ffNTAL AGREEMENTS T.N. 101/CSAR 6. S.P. 15541041. TO PROJECT 506 T.H. 101/CSAR 6 Motion carried on a Roll Call vot:, four ;.yes. Item 6-F Manager a'illls reported on staff's efforts to have the contract T.H. 101/LUrE LIKE on the T.N. 101 FAU project amended to provide for a grade TRAIL CKUSSING separatiwe Missing at the Luce Line Trail, Manager Willis reviewed a proposal for constructing 12 horseshoe HORSESHOE COURTS AT courts at Oakw-ad Elementary School with the assistcnce of Mr. OAKWOOD ELEM. SCHOOL Lloyd Frederickson, Regional Director, National Horshoe Pitchers Item 6-G Association of America. Park Director Jon Born replied to Council's questions about construction and mIntanance of the courts. MOTION was made by Councilman Spae;h, seconded t,y Councilman Neils, to adapt a resolution approv;ng construct,on of twelve horseshoe courts within the hockey rink at Oakwood Elementary School and authorizing expenditures iv the amount. of $1,407.28 from the Park Dedication Fund, Communr'y Park Account, with the requirement that if the courts are to be lighted at night a fee be charged to cover the cost of the elev;tricity and that a deposit of 150% of cost of the horseshoes be required any time they are loaned out. Motion failed, two ayes. Councilmen Neils and Seibold voted nay. MOTION i.ts made by Councilman Seibold, !seconded by Councilman Neils, ;.k direct staff to include the construction of horseshoe courts it the Coimcil'i; 1978 budget discussions and provide a supporting program i1rom the Park Depart-ent regarding methods of operat,on and maintenance. Motion careied, four ayes. MOTION was made by Councilman Neili, seconded by Councilman ORDNANCE NO. 77-7 Seibold, to idopt ORDINANCE NO. 77-7, AN ORDINANCE AMENDING U TIYG TkA- PING CHAPTER V 01 THE CITY CODE BY ADDING SE;:TION 15 THERETO IN CITY OF PLYMOUTH RELATING TO )AE REGULATION OF TRAPPING ;JITH.IN THE CITY OF Item 6-H PLYMOUTH ins ting in Section 15. Items (1) and (2) between the words an; animal" the word "undome.;ticated." Motion carried on a Roll Call vote, fou,- ayes. MOTION was made by Couacilmn Spaeth, s.sconded by Councilman RESOLUTION NO. 77-226 Seibold, to adopt RESOLUTION NO. 77-226, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO, 4 IN THE AMOUNT OF $1,236.62 FOR PAYMENT NO. 4 TO SOLIDIFICATION, INC. FOR 'i!iE SANITARY SEWER TELEVISING. SANITARY SEWER TELEVISING Motion carried on a Roll Call vote, four ayes. Iters 6-I g0- r-- REGULAR COUNCIL MEETING May 2, 1977 Pale 91 MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to a4opt RESOLUTION 40. 77-227, A RESOLUTION APPROVING PAYMENT OF DISBURSEMENTS FGA" THE GENERAL FUND, CONSTRUCT IC" FUND, WATER FUND, SEWER FUNC' AND SPECIAL ASSESSMENT FUND TOTALLING $1619459.85 FOR THE; PERIOD ENDING APRIL 28, 1977. Motion carried on a Roll Call vote, four ayes. REPORTS OF OFFICERS, BOARDS AND ('"ISSIONS w Engineer Goldberg reported s3n tit response to the City's letter of inquiry regarding the Seven Finds Area improvements. MOTION was made by Councilman Hune. seconded by Councilman Spaeth, that Project No. 707 be lad over until such time that future development along Dunk',•k Lane come before the Council so the project can be comb:, ed into a larger project in order to provide for a more favo able cost benefit. Motion carried, four ayes. Manager Willis replied to Council's gvestions on the 1976 audit progress report. Manager Willis District Bi11, reported on the Elm Creek Conservation MGTION was made by Councilman Spaeth, seconded by Acting Mayor Hunt, setting the City Manager's compensation at 38,500 effective May 1, 1977 and be next reviewed on May 1. 1978. MOTION TO AMEND was made by Councilman Se;bold, seconded by Councilman Spaeth. to consider providi I a life insurance program over and above the increased amour-. of compensation. Motion to amend carried, three ayes. Coun(:il;rAn Neils voted nay. Motion to adopt Resolution No. 77-228 as an -ended carried on a Roll Call vote, three ayes. Councilman Neils voted nay. Councilmen Hunt and Spaeth agreed to attend the Association of Metropolitan Municipalities Annual Meeting. The meeting was adjourned at 11:10 P.M. RESOLUTION NO. 77-227 MOVING RS PERIOD ENDING 4/28/77 Item 6-J SEVEN PONDS AREA REPORT PROJECT NO. 707 Item 7-A 1976 AUDIT STATUS REPORT Item 7-B ELM CRErK CONSERVATION DISTRICT ulLL RESOLUTION 40. 77-228 CITY MA GFR7S COMPENSATION FOR 1977 I tem 7-C Loretta Garrity, City Clerk