HomeMy WebLinkAboutCity Council Minutes 07-11-1977 Specialf
Pew 137
MINUTES
SPECiAt COUNCIL MEEII !NG
July 11, 19?7
A special meeting of the Plymwtuth City Council was called to order by Mayor Hilde at
7:35 P. M, in the Council Chamb,vrs of the Pabl is Works Building, 14900 Twmty-third
Avenue North on July 11, 1977.
PRESENT: 14yor Hi lde, Corunti linen
Dillerud, Administrative
Engineer Olson.
ABSENT: Counciisan Hunt,
NA E S
Reils, Seibold and Spaeth, Manage Wialis, Planner
Asilstant Boyles, Attorney Lefler and Consulting
NOTION was mads by Councilman Spaeth, secondea by Councilman Seibold to
approve the minutes of the special Council meetir3 of June 27 as
submitted.
Notion carried, three ayes. Councilman Neils abstained.
PUBLIC HEARINGS
Street Vacation of Town Road (Westminster Addition)
Manager Willis reviewed petition to vacate Town Road from County
Road 154 to its westerly terminus.
Mayor Hi ; de opened the Public hearing of 7:36 p.m.
No one chose to speak and the hearing mis closed at 7:36 p.m.
MVION was made by Councilman Spaeth, seconded by Councilman Neils.
to adopt RESOLUTION NO. 77-340, A RESOLUTION AUTHORIZING THE
VACATION OF TOWN ROAD BETWEEN SECTIONS 22 AND 23 WITHIN PLYMOUTH
A•717).
Notion carried on a Roll Call vote. foier ayes,
it ie Street Improvement - Pro,ieLv No. 713
Engineer Olson reviewed the Jonquil Lane Street Improvement,
Project No. 713.
Mayor Hilda opened the public hearing at 7:45 P.M.
Dick Bertrand, 2655 West Medicine Lake Drive, orig;nator of the
ped ai, spd a in favor of the project. He stated these lots
were left out of the original improvement project becaisse of the
high cost of bringing i tv sewer and water to the area.
E. J% rlei%. 2645 Jonquil lane, spoke against the improvement
proURE. HV questioned the costs involved an0 the method of
assessmer,:. tor his lots which have access to both Jonquil Lane and
West Medicine Lake Drive.
137-
MINUTES - SPECIAL
COUNTIL ME011,NG
JUNE 27. 1917
Item 4
PUBLIC HEARING
STREET VPCATION
TOWN ROAD-WEST-
M;NSTER
A.717% Item 5-A
RESOLUTION N0.77-34(
AUTKRUTNTGUM I4
TOWN ROAD (A-717)
PUBLIC HEARING
JONQUIL LANE STREET
IMPROVEMENT
PROJECT NO. 713
Item 5-B
SPECIAL COUNCIL MEE71NG
July 11, 1977
Page 138
Stan Scofield, 2665 West Medicine lake Drive, questioned method of
assessment and stated since his lot had sewer and water and accers
toMledicine lake Drive he should not be involved in the project.
INDTION was made by Councilman Seibold, seconded by Courtci!msn
Spaeth, to adopt RESOLUTION NO. 17.3419 A RESOLUTION A TW51 ZING
IMPROVEMENT OF JONQUIL LANE FROM 267H AVENUE NORTH TO WEST
MEDICINE LAKE ROAM AND ORDERING PLANS AND SPECIFICATIONS.
Motion carried on a Roll Call vote, four ayes.
NOTION was made by Mayor Hilde, seconded by Councilman Ne4.1s, to
direct the Assessment Committee and staff to give study to some
equitable fashion of dividing costs for this project, particularly
for sewer and water, but also for the read in view of 1) the
possibility that Mr. Fields' property might be divided at some
time in the future and 2) sewer and water might be recarded as a
trunk situation because of the excessive costs of this project
and theses three lots should not be penalized because they were
not included in the original project and include Lot 13 in the
sewer and water protect.
Motion carried, four aye::.
PEIITIONSti R QUES'S AND C001MUNICATIONS
MOTION was made by Councilman Seibold, seconded by Councilman
Neils, to adapt RESOLUT!"1 NO. 77-342, A RESOLUTION APPROVING
FINAL PLAT AND DEVELOPMENT CONTRACT FOR WESTMINSTER ADDITION
FOR B -T LAND COMPANY (A-117).
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilman Neils, seconded by Councilman
Spaeth, to adopt RESOLUTION NO. 77-3431 A RESOLUTION SETTING
rONOITKONS TO BE MET PRIOR TO FIL(WG OF FINAL PLAT FOR
WESTMINSTER ADDITION FOR B -T LAND COMPANY (A-717) with the ad%
dition of Condition 5 calling for Development Contract to ue
amended to provide for improvement of curb and gutter on the
east side of the plat on West Medicine L;,&p frontage and
adji,;tment of paying accordingly and Condition 6 calling for
7 -ton standard streets, in accordance with custotm ry practices,
within the bounds of the plat.
NOTION TO AMEND was made by Councilman Spaeth, seconded by
Councilman Neils, by adding Condition 7 requiring petitioner
to show proof of fee title to land before plat is filed.
Motion to amend carried, four ayes.
Motion to adopt Resolution No. 77-343, as amended, carried en
a Roll Call vote, four ayes.
Rick Mur1m, 18135 - 23rd Avenue, petitioner, protested theRick
nt of completing Xenium Lane within the n1sat and the
construction of curb and gutter on West Medicine Drive.
i38-
RESOLUTION NO. 77-341
AUTHORMINKSTREET
IMPROVE;ENIS
JONQUIL LANE
RE'iOLUTION NO. 77-342
AP P RO I N F
NbLPW
b DEVELC°MENT CON-
TRACT WESTMINSTER
ADDITION B -T LANE COMPANY
A-717) Item 6-A
RESCLUTION NO. 77-343
SE G CSF D-TTIO SMR
FINAL PLAT FOR
WESTMINSTER AUDITION
B -T LAND COMPANY
A-717) Item 6-A
r M!1
SPECIAL COUKIL MEETING
July 11. 1971
Page 139
Al Sto . petitioner. s to ted lien i um Lane was located In. a swamp
AM construction, would be ytry cestlyr .and Mould have to be
reflected in the prica of the haves. He Questioned thR need for
completing the road tit this time.
NOTION was ma4 by Cou ici loran Neils, seconded by Councilman
Spaeth, to direct staff to report at the earliest possible con-
venienea the feasibility and cost of actions with respect to
both improvennt of Xenium lane and curb and guitar on West
Medicine lake Drive within the plat.
Motion carried, four ayes.
Planner Oillerud reviewed request of the Hertz Corporation for
approval of conditional use permit and site plan for structure
at southeast corner of Highway 55 And Fembrook Lane. Council
discussed traffic flow at ttm location and the proposed leasing
operation.
Richard Anderson, representing petitioner, stated if retail
l2P ice—
ons were - prohibited the business would not be feasible and
this condition wouid rrevent securing any type of mortage on
this property. Ne A tj stated a condition limiting vehicle
storage to 26 spkwes would to unfeasible.
1111 Leonard, lertt Corporation, stated.:hey are looking for
commercial usiness for 'their operation and do not desire to
rent equipment to individuals, but could not refuse the small
fraction of retail bt4s1hess that would be generated on the site.
SITE PLAN b CUP
HERTZ CORPORATION
Item 6-8-1
MOTION was made by Councilman Spaeth. secoirded by't;u-,,incilman RESOLUTION NO. i7-344
Seibold, to adopt RESOLUTION NO, 7Y.3449 A RESOLUTION APPROVINGP R0 INGS E VLWN— b
SITE PLAN AND C300110 OVAL USf PERMIT FOR HERTZ CORPORATION (q-730).CONDITIONAL GSE PERMIT
NOTION TO AMEND was made by Councilman Speth, seconded by HERTZ CORPORATION
Councilmai Neils. hy adding Condition 11 specifying that at some (A-730) Item 6.6-1
date in the future Fernbrook Lane may be improved to include a
median strip and they will be required to rearrange their site
aixess to conform to the resulting traffic pattern.
Votion to amend carried, four ayes.
MOTION TO AMEND was made by Councilman Neils, seconded by Council-
man Spaeth, by striking the parenthetical phrase in Condition 1
and substituting the follawing wcy •ds: "maximum storage of vehicles
to be liiatted to those parking spaces designated on the site plan."
Notion to amend carried. three ayes. Councilman Seibold votes! nay.
Motion to adopt Rei.olutic ; No. 77-344, as amended, carried on a
Roll Call vote, three ayes. Councilmen Seibold voted nay.
MOTION was made by Councilman SOaeth, seconded by Councilman
Seibold, to adopt RESOLUTION NO ?7-345, A RESOLUTION APPROVING SITE
PLAN AND CONDITIONAL USE PERMIT FOR METROQUIP. INC. (A-746).
Motion carried on a Roll Call vote, four ayes.
139-
RESOLUTION NO. 77-345
AppROVII fi S P A S
CONDITIONAL USE PERMIT'
METROQUtP, INC.(A-7464'
Item 6-8-2
SPECIAL COUNCIL MEETING
July 11, 1977
Page 140
M07ION was made by Councilman. Neils, sawnded by Councilman RESOLUTTON NO. 77-346
Spaeth, to adopt RESOLUTION M 77-3469 A RESOLUTION APPROVING f
CONDITIONAL USE PERMIT FOR OAY CAAE CENTER FOR ST. MARY'S OF USE PEF01IT FOR
THE LA.KZ CATNOL I C CHURCH ( KATHLEEN DRVT011) (14-503)- ST . MARY'S OF THE LAKE
Motion carried on a Roll Call, vote, four ayes. DAY CARE CENTER (A-503)
Item 6-C;
Ed J ry kainenn,, 12411 County Road 15, 5tatsc he had purchased
t angl e-4-0red for an easement for access and utilities
across his property and felt this additional land made his
lot buildable and equivalent to neighboring lots in site.
MOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTION N0, 77-347
Neils, to adapt RESOLUTION NO. 77-3479 A RESOLUTION APPROVING APPROVIN
LOT DIVISION OF PLATTED PROPERTV FOR EDWARD JURVAKAINEN (A-747). EDWARD J(URVAKA!NEN
Motion carried on L Roll Cail vote, four eyes. (
A-747) Item 6-D
NOTION was Jaade by (ouncilman Spaeth, seconded by Councilman RESOLUTIN N0. 77-348
Neils, to ai:opt RESOLUTION NO. 77-348, A RESOLUT;ON SETTING SITT NG -UN 4ITTONS
CONDITIONS TO BE MET PRIOR TO FILING OF LOT DIVISION FOR LOT DIVISION FOR
EDWARD JURVAKAINSN (A••747). EDWARD JURVAKAINEN
Notion carried on a Roll Call vote, four ayes.
A-747) Item 6-D
NGTION was ,Wade by Councilman Neils, seconded by Councilman RESOLUTION NO. 77-349
Spaeth, to idopt RES00TION NO. 77-349, A RESOLUTION APPROVING APPROVING CONSOCIMTON
CONSOLIDATION OF 25 FT. STRIP FOR EASEMENT FOR ACCESS AND OF 25 FT. STRIP FOR
UTILITIES ACROSS PLAT 44680, PARCEL 5800 FOR EDWARD EASEMENT FOR NEW LOT
JURVAKAINEN (A-147), EDWARD JURVAKAINEN
Motion carried on a Ito]] fall vote, four ayes. (
A-147) Item 6-D
Manager Willi!; reviewed M. Gerry Fraser's appeal of the APPEAL FROM BOARD OF
Beard of Zoning Adjustment's decision to deny variances on ZONING ADJUSTMENT
three lots in the Parker's Lakeside Addition. PARKER'S LAKE ADDITION
Brent Primus, attorney for Mr. Fraser, gave a brief hi itory
item 6-E
of the lots from the time they were platted in 1915 to the
present,. He stated petitioner agreed to Mr. Kamman's recwr-
mendation for a 32 ftvariance and a small variance on the
other side to allow a 24 ft. wide home to be built. He
claimed since the lots we -re platted many yea. s ago any
ordinance adopted since that time which would ander the
property unbuildable would not be valid. He stated the
variance wvw1M .^.e+ hs detrimental to the neighbor-hoo-d' and
the objection voiced from the naly hors was due to the fact
they would lose the use of this property.
Helen Jackson, 315 Orchid lane, claimed there was no har-aship
by `fve`d_ar_the petitioner since he had not yet purchased the
property from Mr. Floyd Olson, and she and Mr. Jackson had mau0
an !Nffer to Mr. Olson to purchase the land. An existing shed
in her property would be 0 ft. from arty future house ana an
existing garage on QLan ice would be 8 ft, from any future house.
She and the nei,hbors had maintained the property for 18 years
without any compensation and she wished to purchase it now.
Council discussed the implications of granting the variances for
140-
SPECIAL COUNCIL MEETING
My 11. 1977
Page 141
these lots. Including the improvement of 3rd Avenue along the lots
as a permmnit street and potential drainage problem in the area.
MPT10N was rodw by Councilman Spaeth, seconded by Councilman
Seibold, .a deny the request of Mr. Fraser for variance of 32 feet
fromthe required setback from 3rd Avenue for three lots in
orker's Lakeside Addition.
SUBSTITUTE MOTION was made by Councilman Pte -11s, seconded by Council-
man Seibuld, to defer this matter and refer it back to staff for
draftlno of a proper resolution of -denial Vo bap presented at ttie July
25 Council meeting.
Substitute Motion carried, four ages.
MICTION was made by Co%:nci loran Neils, stconded Ely Councilman Seibold,
to defer action on bids for street improvements for Project No, 612,
Larch lane, and Project No. 706 - 49th Avenue alorth until the July
25 Council meeting.
Motion carried, four ayes.
MOTION wat; made by Councilman Spaeth, seconded by Councilman Neils,
to adept RESOLUTION 40. 77-350, A RESOLUTION AUTHQRIZIN%S PAYWCNT
UPON RrEQVEST FOR PATIENT NO. 4 IN 'rHE AMOUNT OF $51098.68 TO SEATSON
6 KELLY LONTRACTORS, INC. FOR PROJECT V0. 1169 PINZTREE POND STORM
SEWER IMPROVEMENT.
Notion carried on a bl l Call vote. four ayes,
MOTION was made by CDuncilman Spaeth, secondoui by Councilman Neils,
to adopt RESOLUTION 90. 77-351, A RESOLUTION AUTHORIZING PAYMENT
UPON REAM ST FOR PAYMENT NO. 2 IN THE AMOUNT OF $157$47.07 TO
N.D,H.,INC, FOR 1977 STREET IMPROVEMENTS.
Motion carried on -i Roll Call vote, four ayes.
h0110N was made by Councilman Spaeth, seconded by Councilman Neils,
to adopt RESOLUTION NO. 77-352, A RESOLUTION AUTHORIZING PAYMENT
UPON REQUE4'( FOR PAYMENT NO. 3 GENERAL CONTRACTOR IN THE AMOUNT OF
535,706.00 'TO W.H. CATES CONSTRUCTION COMPANY FOR THE FIRE STATIOR
NO. 2 BUILDING PROJECT Nn. 608.
Motion carried on a Roll Call vote, four ayes,
MOTION was made by Councilman Spaeth, seconded by Councilman Neils,
to adopt RESOLUTION NQ. '17-353, :A RESOLUTION AUTHORIZING PAYMENT
ON REQUEST FOR PAYMENT NO, 3 MECHANICAL CONTRACTOR IN THE AMrUI41I T OF
13,233.15 TO J. McCLUI;E KELLY COMPANY FOR THE FIRE STATION NO. 2
BUILDING P1(OJECT NO. 608.
tion carried on a Roll Call vote, four ayes.
MOTION was made by Councilman Spaeth, seconded by Councirman Neils,
to adopt R1rSOLUTION NO. 11-3544 A RESOLUTION AUTHORISING PAYMENT ON
REQUEST FOR PAYMENT NO. 3 ELECTRICAL CONTRACTOR IN THE AMOUNT OF
52,408.00 TO CONSERVATION SYSTEMS, INC. FOR THE FIRE STATION NO. 2
EJILUING PROJECT NO. 608.
Notion carried on a Roll Call vole, four ayo t .
AWARD OF BIDS
STREET IMPROVEMENT
PROJECT NO. 612
LARCH LANE PROJECT
NO, 706
49TH AVENUE NORTH
Item 6-F
RESOLUTION NO. 77-350
W' REQUEEST
FOR PAYMENT PR0,1€CT
116 - PINET.IEE
POND STORM SEWER
Item 6-G-1
RESOLUTION 40. 77-351
PPS ROV IRIRQUEST
FOR PAYMENT - 1977
STREET IMPROVEMENTS
BASS LAKE AREA
Item 6-G-2
RESOLUTION N0, 77-352
APPROIING REQ BT— Obi
PAYMENT - GENERAL
CONTRACTOR
FIRE STATION NO.
PROJECT NO. 608
Item 6-G-3
RESOLUTION NO. 77-353
APP 0 NG REIFES1 Of
PAYriEn T - MECHANICAL
CONTRACTOR
FIRE STATION H0, ?
PROJECT NO. EOE
Item 6-G-3
SPECIAL COUNCIL MEETING
July 11, 1977
Paige 142
OF
There wafi a discussion of the sale of land excess to City needs in
t1v City Walt/Downtown Plymouth arca.
MOTION was made by Councilman Spaeth, seconded by Councilman Neils,
to direct staff to proceed as Point l in the City Manager's
memorandum dated July 7. 1977 indicates.
Motion carried, four ayes.
a1(IOy was nude by Councilman Seibold, seconded by Councilman Neils,
to direct staff to ;roceed as Point 2 in the City Manager's
remorandwn dated July 7, 1977 indicates.
Motion carried, four ayes.
MOTION was made by Counei'iman Neils, seconded by Councilman. Spaeth,
that the disposal of Parcel 8 on the map attached to the Manager's
memorandum of July 7, 1977 await the determination of Parcel C.
Motion carried, four ayes.
RESOLUTION NO. 77-354
P R NG At )UST T6R
PAYMENT - ELIXTRICAL
CONTRACTOR
P IRE STATION N0, 2
PROJECT NO. 606
Item 6-G-3
SALE OF LAND - CITY
HALL/DOWNTOW
PLYMOUTH AREA
Itimm 7-A
MOTION was made by Mayor Hilde, seconded by Councilman Seibold, to
direct staff to ootain appraisals for Parcels C and D and put property
up for sale after obtaining bppraisals, and obtain ap..)raisals for
Parcels E and F on a separate basis.
SIJBSTITU;E MOTION was made by Mayor Hilde. seconded by Councilman
Seibold, to diret.t staff to obtain appraisals for Parcels C. D. E and F
and come back to Council with the appraisals and a study on the access
to ani possible improvements to the land to make it more saleable.
SUBSTI I UTE HOT IO14 carried, four ayes.
MOTION was nrde by Councilman Spaeth, seconded by Councilman Seibold, RESOLUTION NO. 77-155
to adopt RESOLUTION NO. 77-355, A RESOL!1TION APPROVING DISBUR:EMFNTS APPROVING D1S;SURSEMENT
FROM THE GENERAL FUM^. CONSTRUCTION FUND, WATER FUND, SEWCER FUND AND PERIOD ENDING 6/29/77
SPECIAL ASSESSMENT FUU0 TOTALLING $19166,434.28 FOR THE PERIOD Item 8
ENUING JUNE, 29, 1977.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilman Spaeth, seconded by Councilman Neils. RESOLUTION NO. 77-356
to adopt RESOLUTION NO. 77-356, A RESOLUTION AfPROVIN; APPLICATIONS AP 0 F iA U
FOR SMALL DISPOSAL SYSTEM LICENSES FOR PERICJ ENDING APRIL 301, 1978 01VOSAL SYSTEM
LICENSCS
Item 9
FOR T14E FOLLOWING: NORWI TZ MECHANICAL. INC., SUBURBAN WATE l AND
SEWER, THOMP'SON PLUMBING CO. AND WESTONKA PLUMBING.
K)tion carried on a Ro,1 :all vote, four ayes.
James Olson reported en the progress of the Plymov.0 Athletic
Association.
Mayor Hilde adjourned the meeting .t 10:00 p.m.