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Home My WebLink AboutCity Council Minutes 06-06-1977 SpecialPage 107 MINUTES REGULAR COUNCIL MEETING June 6, 1977 A regu i'a r meeti r;g of the Plymouth City Council was called' to order by Mayor Hilde at 7:30 P.M. in the Council Chambers of the Public Works Buildiny, 14900 Twenty-third Avenue North on June 6, 1577. PRE)ENT: Mayor Hilde, Councilmen Nei 1 s , Seibold and Spaeth, Manager Willis, Planner Dillerud, Enginoer Goldberg, Administrative Assistant Boyles and Attorney Lefler. ABStimi : Councilmal• ,1unt. MINUTES MOTIOK was made by Councilman Spaeth, seconded by Councilman Neils, to approve the minutes of the May 2 speoiei Council meeting as submitted. Motion carr{ ed, three ayes. PU6LIC HEARING Mayor Hine abstained. Manager Willis reviewed Dwain Thuncin's application for Off -Sale latoxicating Liquor License in conjunction with operations located at 3435 North County Road 18, Highway Liquors, which he is in the process of purchasing from Sylvester Rudolph. Ma)or Hilde opened the public hearing at 7:40 P.M. No one chose to speak and the hearing was closed -at 7:40 P.M. MOTION was made by Councilman Seibold, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-261, A RESOLUTION APPPbv ING OFF -SALE INTOXICATING LIQUOR LIC..ENSE TO OPERATE AN OFF -SALE LIQUOR STORE AT 3435 NORTH COUNTY ROAD 18, PLYMOUTP, FOR DWAIN KEITH THUNEM UNDER THE NAME OF hIGHWAY LIQUORS AND CANCELLING THE LICENSE ISSUED TO SYLVESTEk J. RUDOLPH AT THE SAME ADDRESS. Motion carried on a Poll Call vote, four ayes. PETITIONS, RE(.UESTS AND COMMUNICATIONS Manager Willis reviewed pvaytech Corporation's request for Industrial Development Bond financing. toss Tharfi nnson, Attorney, replied to Council's questions and stated the purpose of providing a $2,000,000 guarantee by the Union Bank of Switzerland was to ;,emove any risk to the City concerning small equipment and furnishings included in the bond issue beyond the land and the 5uilding. Also, the gua wtpe of complete private placement of the bonds would remove any additional risk. 107- MINUTES - SPECIAL COUNCIL MEETING MAY 23, 1977 Item 4 PUBLIC HEARING OFF - SALE INTOXICATING LIQUOR L;CENSE DWAIN KEITH THUNEM HIGH- WAY LIQUOR STORE Item 5 RESOLUTION N0.77-261 APPROVING OFF -SALE r"ITOX. L1AQ11OR • LICENSE DWAIN DEITH THUNEM SPRAYTECH CORPORA- TION INDUSTRI %L DEVELOPMENT 3)ND F'NANCING Item 6-A REGULAR COUNCIL E'iETING June. 6. 1977 Page 108 MOTION was made by Councilman Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION NO. 77-2626 A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERPING THE PROPOSAL TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR APPROVAL; AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS. RESOLLTION NOS Motion carried on a Roll Call vote, three ayes. Mayor Hilde 4s0ined. MOTIO j was made by Councilman Spaeth. seconded by Councilman Neils, to ajopt RESOLUTION NO. 77-263, DENYING CONCEPT PLAN FOR CENTURION CO. FOR CIMARRON PONDS WEST RPUD 77-2 (A-195)0 i f-wc TME1171NARY APPRO- VAL FOR INDUSTRIAL DEVELO"MENT REV- ENUE BOND ISSUE FOR SPRAYTECH CORPORATION Mot -,on carried on a Roll Call vote, three ayes. Mayor Hilde abstained. RESOLU]ION N0. Ti -263 ENYING CONCEPT PLAN CIMARRON POND WEST CENTURION COMPANY RPUD 77-L(A..196; I tern 6-8 MOTIGN wan made by Councilman Neils, seconded by Cound ; im.an Seibold, to adopt RESOLUTION NO. 77-264, A RESOLUTION APPROVING CONDITIONAL USE PERMIT EXTENSION FOR WAYZATA EVANGELICAL FREE CHURCH FOR A PERIOD OF TW(. YEARS. Richard Berreth, 725 Ranchview Lane, replied to Council's questions regarding the church's construction program. MOTION TO AMEND was made by Councilman Seibo;J. seconded by Councilman Neils, to issue the permit for a period of one year. Motion failed, one aye. Mayor Hilde, Councilmen Neils and SlAeth voted nay. Motion to adopt Resolution No. 77-264 carried on a Roll Cell vote, three ayes. 'Councilman Seibold voted nay. MOTION was made by Councilman Neils. seconded by Councilman Spaeth, to adopt RESCLUTION NO. 77-265, A RESOLUTION APPROVING SITE PLAN FOR 14I0-ItELIN TIRE COMPANY AT SW QUADRANT OF XENIUM LAND AND 12TH AVENUE NORTH (A-731) with the addition of Condition 8 requiri„g the expansion area on the north side of the site to be included in the landscape plan. Motion carried o -i a Roll Call vote, four ayes. WiTION was made by Councilman Spaeth, seconded by Councilman Seibold, L:. Adopt RESOLUTION NO. 77-266, A RESOLUTION APPROVING LOT DIVISION/ LONSOLIDATION FOR EXISTING PLATTED LOI'S FOR CARLSON PROP%2RTIES ON BEHALF OF MICHELIN TIRE (A-731). Mvtion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Councilman to adopt RESOLUTION N0. 77-267, A RESOLUIION APPROVING FINAL AND DEVELOPMENT CONTRACT FOR WEST TONKA ESTATES FOR FLOYD D. A-501). Motion carried on a Poll Call vote, four ayes. 108- Seibold, PLAT OLSON RESOLUTION NO. 71. Z54 UP ROVING CONQt'IONAL USE PERMIT EXTENSION hAYZATA EVANGEL- ICAL FREE CHURCH A-555) Item 6-H RESOLPTION NO. 77- 265 .._ AMOVTNG SITE PLAN FOR MICHELIN TIRE COMPANY A-731) - I tem 6-E RESOLUTION NO. 77- 266 AWROV I NG LOT DIVISION/CONSOLI- DATI9N FOR CARLSON PROPERTIES FOR MICHELIN TIRE (A-731) Item 6-E REGULAR COU<IC I L MEETING June 6, 1977 Page 109 NOTION was made by Councilman Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION N0, 77468, A RESOLUTION SETTING CONDITIONS PRIOR TO APPROVAL OF FINAL PLAT FOR WEST TONKA ESTATES FOR FLOYD B. OLSON (.1-501). Motion carried on a Roll Call vote, four ayes. Dave Juhnson, Herb's Service Garage, 17435 County Road 6, stedaccss is of primary importance for survival in a gas station and he felt the Engineer's proposed plan aid not permit adequate access to his station. He displayed photographs of the entrances to his station and proposed several alternatives for giving his station better access to Highway 101. Consulting Engineer Olson explained the placement of the right-hand turning lanes at the intersection of Highway 101 and County Road S. There was a lengthy discussion of alternatives for giving better access to Herb's Service Garage. MOTION was made by Councilman Seibold, seconded by Mayor Hilde, to direct staff to work out a proposal for access to Herb's Service Garage including the fnllowing: 1) south access be widenAd to 20 1. with the additional width on toe south side of the drive+ y; 1) do what we can to Tiove the utility pole as far nort.. as possible while still providing P.'e4nasonable length of sidewalk for pedestrians; 3) if the pole can be moved, then widen the access to the north from 20 ft. to 24 ft. MOTION TO AMEND was rude by Mayor Kilde, seconded by Councilman Seibold to add Item 4 requiring area that is over sidewalks to be reinforced so that trucks can drive on it without cracking the sidewalk. TION to amend carried, three ayes. Councilman Neils voted nay. Main Motion carried, three ayes. Councilman Neils voted nay. Council directed staff not to forego the safety of pedestria:is in any proposal. MOTION was made by Councilman Seibold, seconded by Councilman Spaeth, to adopt RESOLUTION NO. 77-269, A RESOLUTION APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR SCHMIDT LAKE: WOODS FOR ENTERPRISE FR01ERT11S (RPUD 164) (A481). MOTION TO AMEND was made by Couro.i1man Neils, seco,ided by Councilman Spaeth to require the qevc:o!am..Ant Contract to include the cost-sharing agreemew. for the assessments. Motion to amend carried, four ayes. Motinn to adopt Resolution No. 71-269 as amended carried on a RESOLUTION NO. 77-267 APPROVIN9 FINAL PEAT L.OPMENT CONTRACT WEST TONKA ESTATES FLOYD B. OLSON A-501) Item 6-C-2 RESOLUTION NO. ?7-268 SETTING CONDfffW7WIOF TO FINAL PLAT FOR WEST TONKA ESTATES FLOYD B. OLSON (A-501) tem 6-C-2 HERB'S SERVICE STATION ACCESS TO HIGHWAY 101 Item 6-I RESOLUTION NO. 77-269 APPROVING FINAL PLAT & DEVELOPMENT CONTRACT SCHMIDT' LAKE WOODS ENTERPRIS17 PROPERTIES RPUD 76-4 (A-681) Item 6-C-1 REGULAR C1UNCIl NESTING June 6, 1917 Page 110 NOTION was im& by Councilman Spaeth, seconded by Councilman Seibeld, to adopt RESOLUTv&M NO. 77-270,. A RESOLUTION SET71NG CONDITIONS PRIOR TO APt*ROVAL OF' FINAL PLAT FOR SCHIMIDT LAKE WOODS FOR ENTERPRISE PROPERTIES (RoUO' 76-4) (A-661). Notion carried on a Dull Call vote, four ayas. NOTION was made by Councilman Spaeth, seconded by Councilman Seibold, to adopt RESOLUT'ON N0, 77-2719 A RESOLV ION APPROVING LOT' DIVISIO14 OF PLATTED P40PERTti WITHIN PLYMOUTH FOR LOIS MORETTER (A-737). Notion carried on a Roll Call vote, four ayes. MOTION was shade by Councl iman Spaeth, seconded by Counc0man Seibeld., to adopt RESOLUTIOP NO. 77-272. A RESOLUTION SETTING CONDITIONS TO HE WT PRIOR TO FILING OF LOT DIVISION FOR LOIS MORETTER (A-73'). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman heilf, secondod by Councilman Spaeth, to adopt RESOLUT;;N N0, 77-273, A RESOLUTION APPROVING LO! CONSOLIDATION FOR MARY LASART (A-738). Nation carried on a Roll Call vote, tour ayes. AnTION was made by Councilman Spaeth, Seconded by Councilman Seibold. to adopt RESOLUTION NO. 77-273A, A RESOLUTION APPROVING SITE PL,4N 'AOR DALCO ROOFING AND SHEET METAL CO. AT SW CORNER OF 32ND AVENUE NORTH AND RANCHVIEW LANE (A-732). Motion carriec.+ on a Roll Call vote. four ayes. Council recessed from 9:00 P.M. to 9:20 P.M% RESOLUTION NO. 77470 SETTINN CONDITIONS FOR APPROVAL OF FINAL PLAT SCHIMIDT LAKE WOODS ENTER- PRISE PROPERTIES RPUD 164 (A•681) tem 6-C-1 RESOLUTION NO. 77-271 APPROVIRG LOT DIVISION PLATTED PROPEriTY FOR ILOIS MORETTER (A-737) Item 6-G RESOLUTION NO. 77-212 SETTING CONDITIONS FOR LOT DIVISION FOR LOIS MORETTER (A-737) Item 6-G RESOLUTION NO. 77-273 WFROVING LOT CONS - DATION MARY LASART A-738) Item 6-F ON NO. 77- M PLAN FOR DALCO ROOFING K SHEET ME 31140 8 RANCHVIEW A•-737) Item 6-D Managai- Willis described the artj tcc be assessed and explained DOWNTOWN PLYMOU'T'H who would be assessed for utilities petitioned for in Phases STREETS 6 UTILITIES I and It of Downtown Plymouth and reviewed the costs to the City. Item 6-K Frank Larsen reviewed the starus of Plymouth [fills Company's development plans and stated they could not proceed any furtaer until streets anO u"ili:ies were available in Phases I and 11. There was a discussion of the City's requirements in order to ptoceed with installation of utilities and streets in the area. MOTION was ,,vde ay Councilman Neils, seconded by Councilman Spaeth to adopt RESOLUTION NO. 77-274, A RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS FOR DOWNTOWN PLYMOUTH AREA, PROJECT NO. 611 Notion carried on a Rol I Call vote, four ayes. MOTION was matte by Councilman Neils, seconded by Councilman Spaeth, to direct staff not to advertise for bids on improvements n Phase II until such time that Final Plat and Development Con- tract are executed as prescrihed by ordinance for th,? properties. for which improvements have been petitioned. Motion carried, four ayes. 110- RESOLUTION NO. 77-274 ORDERING - T -MAT 8 PREPARATION OF PLANS DOWNTOWN PLYMOUTH AREA PROJECT N0. 611 REGULAit COUNCIL KETiNG Jww 6. 1977 Page 111 MOTION was made by Councilman Sei0ld. seconded by Councilman RESOLUTION NO. 77475 Spaeth, to adopt RESOLUTION NO. 77-276* A RESOLUTION ACCEPTING ACCEPTING PETITIDIC PETITION FROM NO'ATH IiEMORIAI MEDICAL CENTER FOR iMPROVEMENTS PUBLIC IMPROVEMENTS TO THEIR PROPERTY IN DOWNTCAN PLY1,44TH. DOWNTOWN PLYMOUTH FOR NORTH MEMORIAL HOSPITAL Motion carried on a Roll Call vote, four ayes. Item 64-1 NOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTION NC. 77-276 Seibold, to adopt RESOLUTION NO. 71-276, A RESOLUTION ACCEPTING ACCEPTING PETITINT& PETITION FOR PUBLIC IMPROVEMENTS FOR THE PRUDENTIAL INSURANCE PUBLIC IMPROVEMENTS COMPANY SITE. PRUDENTIAL INSURANCE SITE Item 6-J-2 Motion carried on a Roll Call vote, four ayes, MOTION wa; made by Councilman Spaeth, seconded by Councilman RESOLUTION NO. 77-277 Neils, to adopt RESOLUTION SAO. 77-217, A RESOLUTION AP,ROVING APM 'TAAt l CS PIANS AND SPECIFICATI01S FOR CONAINED PROJECT NO, G1? LARCH PROJECTS 612 6 706 LANE AND P,10JECT NO. 706 • 49TH AVENUE, FOR PURPOSE: OF BIDDING LARCH LANE b 49TH AVENUE ANC OPOERING ADVER71SEMENTS FOR BIDS, Item 6-L Notion carried obi a Roll Call vote. four ayes. MOTION mac+e ky Counciiimn Spaeth, seconded by Councilmen, RESOLUTONi NO. 77478 Neils. 4i adopit RESOLU' 1ON NO. 77-278, A RESOLUTION SETTING G E G DATE F(.R PUBLIC NEARING ON VACATION OF CERTAIN EASEMENTS IN VACATION OF EASEMENTS BLOCK I,, CIRCLE STAR BUS;yESS CENTER, IST ADDITION, BLOCK 2, CIRCLE STAR BUSINESS CENTER Motion carried on a Roll Call vote. four ayes. Item b -M MOTION was made by Councilman Seibold. seconled by Councilman RESOLUTION NO. 77-279 Neils, to adopt RESOLUTION NO. 77-279. A. RESOLUTION APPROVING U GE OR CHANGE ORDER NO. 5 FOR 'THE WATER TREATMENT PLANT. PROJECT NO. WATER 1 1ATMENT PLANT 302, EXTENDING THE WARRANTY PERIOD ON SPECIFIC EQUIPMENT ITEMS PROJECT NO. 302 AND CONTROL COMPONENTS FOR A PERIOD OF ONF YEAR COMMENCING Item 6-N-1 JUNE 6, 19)7, M)tion carried on a Roll Call vote, tneee ayes. Council.man Spaeth voted nay, MOTION made by Councilman Seibold, secinded by Councilman RESOLUTION N0. 7/-280 Neils, to adopt RESOLUTION NO. 77-280. A RESOLUTION APPROVING A PR C 766 CHANGE ORDER NO. G-1 IN THE AMOUNT %O F $644,00 TO W.H. CATES FIRE STATION NR, 2 CONSTRUCTION COMPANY FOR PROJECT NO, 608, FIRE STATION NO. 2, PROJGCT NO. 608 Item 6-N-2 MOTION TO AMEND was made by Councilman Neils, seconded by Councilman Spaeth, by deleting the temporary sign from the change oruer and reducing the amount to $4436 Motion to amend carried, four ayes. Motion to adopt Resolution No. 77-280 as amended carried on a Roll Call vote, three ayes. Councilman Spaeth voted nay, 111- REGULAR. CMINC I L 14EET I NG June 6, 1977 Page 112 MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-281, A REv1LUTION APPROVING, PAYMENT ON REQUEST FOR PAY14ENT N0. 20 AND FINAL IN THE )MOUNT OF $69,997.33 TO BEIGLUND-JOHNSON, INC. FOR. PROJECT NO. .1029 MATER TREATPIENT PUNT. Motion carried on a Roll Call vote, four ayes. NOTION was made by Councilmao Spaeth, seconded by Councilmen Neilso to adopt- RESOLUTION N0, 77-282. A RESOLUTION AUTHORtZ!NG PAYMENT ON REQUES'+' FOR PAYMENT NO, 2 GENERAL CONTRACTOR IN THE AMOUNT OF $44469,00 TO M.H. CATES CONSTRUCTION COMPANY FOR FIRE STATION NO. 2 BUILDING PROJECT NO. 608. Motion carried on a Roll Call vote, four ayes. MOTION was macre by Councilman Spaeth, secanded by Councilman Neils, to adopt RESOLUTION NO. 77-2839 A RESOLUTION AUTHORZIP:G PAYMENT ON REQUEST FOR PAYMEyT NO. 2 PTCHANICAL CONTkACTOR IN THE ;MOUNT Oi $$,291, 60 TO J. McCLURE KELLY COMPANY FnR FIRE STATION NO. 2 3UILDING PROJECT NO. 608. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-284, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 2 ELECTRICAL CONTRACTOR IN THE AMOONT OF $59040,00 TO CONSERVATION SYSTEMS, INC. FOR FIRE STATION NO, 2 BUILDING PROJECT NO. 608. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Neils, seconded by Councilman Selbold, to adopt RESOLUTION NO. 77-285, 4 RESOLUTION APPROVING DISBURSEMENTS FOR THE GENERAL FUND, CONSTRUCTION FUND, NATER FUND, SERER FUND, AND SPECIAL ASSESSMENT FUND FOR A TOTAL OF 737,047.77 FOR PERIOD ENDING JUNE 36 1977. Motion carried on a Roll Call vote, four ayes. REPORTS OF OFFICERS, BOARDS AND C"ISSIONS Council discus,ed the neeli for conducting a survey on the City's park needs anc t%oo far to go with land acquisition for parks. Mayor Hilde callod A joint meeting for the Council and Parr and Recreation Advisory Commission Fnr Mnnda v, April 13, at 7:30 P.M. at the Council Chamwers. MOTION was made by Councilman Neils, seconded by Mayor Hilde, to direct staff to prepare a report on land proposed to be acquired that is contiguous to the City's property in Downtown Plymouth and compatible with requirementt, iu;- pordinq and trunk right-of-way; also to make some proposals as to the kind of financial terms we might consider and compare the proposed Gash flow to our present cash flow. oaFc RESOLUTION NO. 7'17-281 APPRtG7RGMQUEST FOR PAYMENT - NATER TREATMENT PLANT PRWf,T N0. 302 Item o-0 RESOLUTION NO. 71282 APPROVING REQUZSrM PAYMENT -FIRE STATION #2 W X CATES CONSTRUCTION GEIIERAL CONTRACTOR RESOLUTION NO. 77-283 PAYMENT. FIRE STATION #2 J. MCCLURE KELLY CO. MECHANICA'_ CONTRACTOR RESOL UT!ON NO. 77-284 APPROVIINFREQUESTr4 FCR PAYMENT -FIRE STATION # 2 CONSERVATION SYSTEMS,INC ELECTRICAL CONTRACTOR RESOLUTION NO. 77-285 APPROVIMP DISR k3UMS FOR PERIOD ENDING JUNE 39 1977 Item 6-P UPDATE OF CITIZENS SURVEY OF PARK NEEDS Item 7-C C LJ REGULAR COUNCIL MEETING Juror 6, 1977 Page '113 Notion carried, four ayes. Councilman Seibold reviewed costs fe r an additional life insurance program for the City Nage,)er. NOTION was made by Councilman Seibold. seconded by Councilman Spaeth, to adopt RESOLUTION NO, 77-2870 A RESOLUTION AMENDING THE LIFE INSURANCE PROGRAM FOR INE CITY WAGER TO PROViOE LIFE INSURANCE IN THE AMOUNT OF $75.kt.00 EFFECTIVE JUNE 6. 1977. Notion carried on a Roll Call vote, four ayes. Manager Willis reviewed the status report on enforcement ordinances for controlltng destructive activities in City parks and on open lands. LIFE IMURANCE PROGRAM FOR CITY MANAGER Item 7-A of ORDINANCE ENFORCEMENT STATUS REPORT Item 7-8 MOTION was made by Councilman Spaeth, seconded by Councilman Neil, to adopt RESOLUTION NO. 77-286, A RESOLUTION APPROVING REQUEST FOR PAYMENT OF SAC CHARGE FOR MR$, MARJORIE PURINAK, 1601 WEST MEDICINE LAKE 'JRIVE. Motion carried en a Rall Call vote, four ayes. MISCELLANEOUS Ksyor Hilde reporte4 he had received Ed Kerschke's resignation from the Park and Recreation Advisory Commission and recalled that the Council h,ae formerly agreed to consider Frank Barron for appointment to ony vacancy in PRAC. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to confimn th-e appointment of Frank Barron to the Park and Recreation Advisory Cimmission to fill the term of Ed Kerschke which expires January 31, 1980. Motion carried, four ayes. Mayor Hilda reported that he had been Informed that the Medicine Lake Bus Company hae requested that the City of Plymouth inteiscede for them the Metropolitan Council's condemnation proceedings of thein company or at least to request a delay in the proceedings to c:etermine what implications this action would have to our community. Council discusseswl to what extent they should become involved is this action, It was the consensus that the City's concern ,should be -o proviJe good public transportation service for Plymouth and that they could not support any action that bbuld decrease this service. 113- RESOLUTION N0, 77486 PPROVIRG- REQUEST FOR SAr. CHARGE PAYMENT FOR MARJORIE PURINAK Item 7-0 APPOINTMENT TO PRAL CONDEMNATION -MEDICINE LAKE BUS COMPANY REGULAR COUNCi.L MEE PING June 6. 1977 Page 114 Mayor Hilde said O t would write a letter to the Metropolitan Council informing them of F.he above concerns about transportation service to Plymouth The meeting was adjourned at 11:10 P.M. a Garrity, ugy Gler 1 {4-