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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.