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Home My WebLink AboutCity Council Minutes 10-01-1990MINUTES REGULAR COUNCIL MEETING OCTOBER 1, 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:04 p.m. in the Council Chambers of the City Center at 3400 Plymouth Blvd. on October 1, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Managsr Willis, Assistant Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Park Director Blank, Public Safety Director Carlquist, Finance Director Hahn, City Attorney Thomson, and City Clerk Rauenhorst. MSENITAT IONa Mayor Bergman presented a check for $300 to Mr. Recycling Winners and Mrs. Richard Novak for winning .the "It's Not Trash, It's Cash" Recycling Contest. Manager Willis introduced representatives of BRW/ Public Safety Rebanks Architects, Inc., for a presentation of Building - estimated space needs for a new public safety Estimated Space buildinj. Needs Item 4-B Mr. Rebanks stated their space needs study is based on an estimated population increase from 53,000 to 89,000 by the year 2010. The s:ze of the proposed facility is a function of the population and estimated staffing increases, nature of crime in the area, and the national trend toward more proactive pclicing. Mr. Rebanks proposed that a building be designed for efficiency by analyzing related functions and reducing corridor space. Mark Swenson, BRW, pros-ente%.. three schematic drawings. He explaii,ed the assumptions used in the study and suggested one of the following options for location of the building: 1) Regular Council Meeting October 1, 1990 Page 380 Construct a separate public safety facility, adjacent to the City Center with a central courtyard area and underground walkway, 2) Construct a separate public safAty building connected to the city center by an above ground public walkway, or 3) Constrict an "addition" to the existing city center building by creating a new central entry point where the public would then enter the public safety or city c oat.er portion of the building. John Pepper, Robanks Architects, Inc., stated that public safety staffing is estimated to increase tc a total of 86 to 101 employees by the year 20:0. The amount of time spent on police services will also continue to increase. Mr. Rebanks stated their proposal is cost effective over 20 years and not ex easive. They propose construction of a 26,000 square foot building at an estimated cost of $100/sq. ft., for an estimated total project cost of $2.6 million. Manager Willis introduced Polson/Trossen/Aright for estimated space needs for building. representatives of presentation of new public safety Mike Trossen introduced Steve Polson and Duane Trosaen, Steve Polson reviewed their needs assessment report. He stated that p iblic safe.y personnel is projected to increase to 86 by the year 2010. The size of the proposed building is largely based on this staffing increase. He de:acribed an adjacencies diagram which shows functioias that mhould be located near each other foi efficiency. He also discussed vehicle security c> ince: lis and the need foi underground parking, althouc-h this could add up to $500,000 to the project cost. M,r. Polson stated that based on population growth and the use of the exiuting facilities, e.cpansion is necestary. He recommended construction of . 32,000 aq. ft. public: saft;.y building. Mr. Polson showed va:, ious sche.aat.ic; plans and discussed public accessibility of each option. A Regular Council Meeting October 1, 1990 Page 385 He stated that the need for additional parking will continue to intvrease and by the year 2010 the ampitheater area may be needed for adequate parking. Mr. Polson also suggested the option of completely separating the public safety building from the city center building. This would make it possible to expand both buildings after 2010 if needed. The Council thanked both groups for their presentations. Manager Willis recommended that the Council adopt a resolution accepting the two reports and referring them to the public safety building committee for further analysis and recommendation. MOTInN was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION 90-621 PROCEDURE FOR RECOMMENDING ARCHITECTURAL FIRM FOR NEW PUBLIC SAFETY BUILDING. Notion carried on a roll call vote, five ayes. CONSENT AGENDA Items 8-J and 8-L-2 were removed from the Consent Agenda. MOTION was made by Councilmember Vasiliou, seconded by Councilmemboir Zitur, to approve the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. MINUTES MOTION was made by Councilme!nber Vaailiou, seconded by Councilmember ?i;:ur, to approve the minutes of September 24, 1990. Motion carried on a cull fall vote, five ayes. PUBLIC HEARINGS Mayor Bergman cpened a E,, ' : %9 At 7: 50 p.m. on 1990 Delinquent A Annii.l l Utility Assessments. No one app% ared and t.hu hearing was closed at 7:50 p. mn. ABSOLUTION 90-621 PROCEDURE FOR RECOMMENDING ARCHITECeURAL FIRM FOR PUBLIC SAFETY BUILDING Item 4-8 Consent Item 5 Minutes Item "6 Agenda Regular Council Meeting October 1, 1990 Page 366 MOTION was made by :ounci lmember Vasil'ou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-622 ADOPTING ASSESSMENT, 1990 DELINQUENT RATER, SENEIt, STREET LIGHTING OR ANNUAL STREET LIGHTING. Motion carried on a loll call vote, five ayes. Mayor Bergman opened a public hearing at 7:51 p.m. on 1990 weed Eradication and Destruction Roll 1. No one appeared and the hearing was closed at 7:51 p.m. M0,eION was made by Councilmember Va31liOU, seconded by Councilmember Zitur, to adopt RESOLUTION 140. 90•-623 ADOPTING ASSESSMENT, 1990 WEED ERADICATION AND DESTROCTTON, ROLL 1. Motion carried on a roll call vote, five ayes. Mayor Bergman ope..ad a public hearing p.m. on vacation of a portion of 46th within Outlot A, Oxbow Ridge Addition appeared and the hearing was closed a at 7:52 Avenue No one 7:52 p.m. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-624 AUTHORIZING THE VACATION OF A PORTION OF 46TH AVENT1E WITHIN OUTLOT A, OXBOW RIDGE hDDITIOA . Motion carried on a roll call vote, five ryes. MOTION was made by Councilmember Zitur, seconded by Councilnember Vasil ic u, to adopt RESOLUTION NO. 90-625 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 90-624 VACATING A PORTION OF 46TH AVENUE WITHIN OUTLOi A, OXBOW RIDGE ADD`TION. Motion carried on a roll call vote, five ayes. Mayor Bergman opened an assessment hearing at 7:53 p.m. on a+est Me ticine Lakes Drive Tiunk Utilities, Project No, u5. No one appealed and the hearing was closed at 1:53 p.m. FZSQLUTT.ON 90-622 ADOPTING ASSESSHENTS FOR 1990 DELINQUENT AND ANNUAL UTILITY ASSESSMENTS Item 7-A USOLU IGtN 90-623 ADOPTING ASSESSMENT FOR 1990 WEED ERADICATION AND DESTRUCTION ROLL 1 Item 7-B MSOLUTIQN 90-66"4 VACATION OF PORTION OF 46TH AVE. IN 0XBO1V RIDGE ADDN. Item 7--C RESOLUTIQN 9th -525 SETTING GOND"TIONS TO BE MET PR:OR TO FILING RESOLi1TION 90 --6214 Item ? Regular Council Meeting October 1, 1990 Page 387 MOTION was made by Councilmember Vasiliou, seconded by Mayor. Bergman, to adopt RZSOLUTIO:V NO. 90-626 ADOPTING ASSESSMENTS, PROJECT NO. 9050 HEST 14KD!.CINE LAKE DRIVE TRUNK SAN".TRAY SZWER AND WATERMAIN. Motion carried on a roll call vote, five ayeo. Mayor Bergman opened a public hearing on Medina Road Street Improvements, Project No. 010 at 7:53 P.M. Public narks Director Mooze explained the proposed improvements on Medina Road, Proiect No. 010. The project consists of upgrading approximately 1.5 miles of gravel surfaced road from County State Aid Highway 24 to Brockton Lane to 52 foot wide nine ton bituminous roadway with concrete curb and gutter, storm sewer, and watermair from C.S.A.H. 24 to County Poad 10i. Neat of County Road 101 to Brocrton Lane the roadway is narrowed to a 36 fout wide nine ton design. Director Moore described the proposed estimated assessment rates and stated the total estimated project post is $2.2 mi_lion, with estimated assessm.nts of $1.2 million. A c.i.fiarenca would be funded from the City'a State ).id Fund. Steven and Merry Bio Hughes, 3720 Highway 101 North, asked if the proposed protect is Miadina Road Alignment 3, as previously opproved by the Council, Councilmembbr Ricker previously approved alignmEnt that would apptove. stated the Co incil Alignment B arui that is the be built if the pro-jecrt is Di. -e(,, or M'oorm stated the staff has t-,unduk.tod an appraisal and made an offer for the 11ughes' property. Tho Hugt_ea' did not tccept the •:)ffet, and the City is continuitiq vith negotiations. The actual acquisit.ion will not astart unless thw Council decides to oder the pro -let;! . USOLUTION 90-626 ADOPTING ASSESSMENTS, PROJECT 905 Item 7-D Fliblic Hearing on Medina Road ImprUvementsO Project No. 010 Item 7-E Regular Council Neetinq, October 1, 1990 Page 386 Counciluomber Hellivell stated that Medina Road Alternate A would not have required acquisitio,, of the Hughes' propuity, but the road would have been constructed within 24' of their home. Mrs. Hughes responded -that Alternate r is preferable to having the road that close to their home. She requested that the Council order the project so that negotiations for acquisition vi their property can proceed. Councilx amber Vaasiliou asked if there is any reason Alignmen4 B would not be constructed if the project is ordered by the Cou;icil. Attorney Thomson stat•%d that a taf f will negotiate for ncquiaition o. th.a Hughes' property, which is necessary with Alicntmaut Be If someth'_ng occurs during negotiati is that makes staff believe the aligneent option should be chi.rged, they would report to the Council. The alignment option could not be changed without Counkil authorisation. Hans Hagen, 2353 Riot St. Nott?%, St. Paul, spoke in favor of the nro jq ct . hwrold W+.nterhalter, 18260 Medina Road,. asked if there will be an assussment hearinq on the project and if the adjacent property is proposed to be assessed. Manager Willis stated an asoeasment hewing will bo held near completion of the project. Properties on both aides of tht street, wuuld be seseatect uneir the City's assessment policy. Councilmember Vasiliwu asked how church property is assessed. Director More responded it is assessed for atreet improvements at the same front footage rate as real dent ial property. Mayor Bergman closed the public hearing at 8:12 P, M a I Regular Council Meeting October 1, 1990 Page 389 MOTION was made by Councilmember. Vasiliou, seconded by Councilmember Ricker, to adopt RES0LUTION NO. 90-627 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, MEDINA ROAD STREET AND UTILITY IMPROVE4ENTS8 CITY PROJECT N4, 010. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing on considera.ion on eApired deferred assessments at 8:12 p.m& kublic works Director Moore stated that the deferred status has expired on several proportion and he recommended Council action for each as described in the staff report. Manager Nitlis reanonded to Council.members' questions that the deferred amounts are considered receivables ty the City but not col l acted until the dererment status is changAd . The term of deferral is determined by the City Council, Donald K. Ha418e, 1855 Niagara Lane North, (28- 118-22-31-0001), stated he was available for questions. LeVoy J. Schwartz, 3345 Xenium Lane (22-118-22- 21-0005), states. his original assessment was inequitable. NO W43 not in favor of the improvements due to increased traffic that was c.:eat 3. He stated the market value of his home is $90,000, and his ori.gitial a4sassment was 32,000. Although he has paid so"Le of the assessment, the deferred amount has grown to 43,000 with interest. Councilmember Vasiliol legally reconsider the Manager Willis stated authority to lower the asked if the Council cuuld original assessment. the Council has the original anseasment. Director Moore explained that at the time original assessment, a single family home on the site. The property is guided LA -3. amount of the deferment is the difference the single family assessment rate and the of the existed The between LA -1 RESOLUTION 90-627 ORDERING PROJECT NO. 010, M7S?DINA ROAD IMPROVEMENTS ltem 7-E Eapired Deferred Assessments I• ®m 7-F Regular Council Meeting October 1, 1990 Page 390 rate. The deferred amount: would be assessed when the property is no longer homesteaded. Reverend Dave Tiern sy, 14730 13th Avenue North, represented Dunkir): Lane Baptist Church. He asked that the Council terminate the deferred assessment against the church property. Ray Johnson, 10301 Nathan Lane, (36-118-22-11- 0015), stated he homesteads hie property and he should not have bben charged the higher assessment rate based on the property guiding. Richard Swienton, 3355 Xen.ium Lanz, (22 -113 -22- 21 -0004)g 22 -i13-22- 21-0000, stated concern that the amoun%t of the deferred assessment against his property continues to increase due to added interest each year. Director Moore explained that deferred assessments accumulate interest at the same interest sate as the bonds wet sold to finance the project. Mayor Bergman closed the hearing at 8:30 p.m. Mayor Bergman suggested assessments and comments referred to the Special recommendation, that the deferred from the hearing be Audesament Committee for ouncilmember Ricker stated the Council could place a limitation on the number of years that intexeat could accumulate on deferred assessments, perhaps the same number of years over which the assessment from that project is allowed to be paid. Director Moore stated the staff recommendation is that the assessments in question be redeferi:ed for five years as long, as the property is homesteaded. Interest could continue to accrue. Councilmembers Ricker and Vasiliou expressed concern that if assessments remain deferred for a number of years, the accumulation of irtereat could place a significant burden on the property owner. Manager Willis stated the Council has the option of deferrinq for an additional period with no further interest. Regular Council Meeting October 1, 1990 Page 391 Councilmember Helliwell stated redeferment for five years with interest. Councilmember Zitur like to redefer the assessments period for more frequent review she would support no additional stated he would for a three year by the Council. MOTION was made by Col:ncilmember Ricker, seconded by Couacilmember Vasiliou, to sefer the expired deferred assessments that are recommended by staff to o redeferred to the Special Assessment Committee for recommendation. Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-628 ADOPTING ASSESSMENTS, DEQ ERRED LEVY 10058. Motion carried on a roll call vote, fivs ayes. MOa'ION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION N0. 90-629 TERMINATION )F DEFERRED ASSESSMENT. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to direct the Park and Recreation Advisory Commission to hold a public informational meeting on the unconstructed segment of trail between Juneau Lane and Fernbrook Lane along the south side of County Road 6 and provide a recommendation to the City Council. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-630 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LAUKKA-WILLIAMS PARKERS LAKE FOR "PARKERS LAKE NORTH 6TH ADDITION" 90066) (MPUD 83-1) . UAQLV=QN - -M ADOPTING ASSESSMENTS, DEFERRED LEVY 10058 Item 7-F B&SOLUT OIN90:7W TERMINATION OF DEFERRED ASSESSMENT Item 7-F Trail on County Road 6 between I- 494 and Juneau Lane Item 8-A BUQLUTZ.4Ii_ 94-630 APPROVING FINAL PLAT FOR PARKERS LAKE NORTH 6TH ADDITION (90066) MPUD 83-1) Item *8-B Motion carried on a roll call vote, five ayes. _ Regular Council Meeting October 1, 1990 Page 392 MOTION was made by Councilmeniter Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO, 90-631 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LAUKKA-WILLIAMS PARKERS LAKE FOR "PARKERS LAKE NORTH 6TH ADDITION" (90066) (MPUD 83-1). Motion carried on a roll call rote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-632 APPROVING RPUD FINAL SITE PLAN FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE NORTH 6TH ADDITION" (90066) (MPUD 83-1)6 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-633 ADOPTING ASSESSMENTS, PROJECT NO. 043, SANITARY SEWER AND WATERMAIN AREA - PARKERS LAKE NORTH 6TH ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-634 APPROVING CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT #284 ON BEHALF OF PLYMOUTH COVENANT 'HURCH (90088). Motion carried on a roll. call vote, five ayes. Sherm Goldberg represented Jerome and Betty Begin's appeal of the Board of Zoning Adjustments and Appeals ruling for a Variance from the Shoreland Management Regulations to ^llow a 65' Setback rather than the 200' Ordinance Standard for a private picnic shelter on Pomerleau Lake 09-02-90)* Arnold Palmer, 5550 Juneau Lane, stated he represents residents of the area who are opposed to the variance request and he directed Council attention to correspondence previously submitted. In response to a question by Councilmember Zitur, Attorney Thomson explained that the Council PSNIPUTION 90-631 SETTING CONDITIONS TO BE MET PRIOR TO FILING (90066) Item *8-B MOLUTION 907632 APPROVING RPUD FINAL SITE PLAN FOR PARKERS LAKE NORTH 6TH ADDN. 90066) Item *8-B USOLVTION 20-.633 ADOPTING ASSESSMENTS FOR PARKERS LAKE NORTH 6TH ADDIZION PROJECT 0-'3 Item *8-B RESQLVTIQV 90-634 APPROVING CUP FOR DISTRICT 284 FOR PLYMOUTH COVENANT CHURCH (90088) Item *8-C Begin Appeal of BOZA Ruling Item 8-D Regular Council Meeting October 1, 1990 Page 393 previously adopted an ordinance amendment to allow certain accessory structures to be built a site without a principal strtct•are; that includes the subject picnic shelter. However, variance from the Shoreland Management Regulations is still needed for this structure due to its setback from the ordinary high water le-g el . Attorney Thomson stated a letter was received from the DNR following the BOZA hearing on this request. He recommended that if the Council approves this request, a condition be added to the resolution stating that the picnic shelter shall remain in its present condition. He also stated that the Council could make a finding of hardship because the structure was built inadvertently without the applicant's knowledge of the Shoreland Management Regulations. on a MOTION was made by '.ouncilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-635 APPROVING VARIANCE REQUEST FOR JEROME AND BETTY BEGIN (09-02-90) PIN #04- 118-22-43-0005, adding the finding that "A hardship exists because the structure was built inadvertently without the applicant's knowledge of the Shoreland Management Regulations," and with the condition that, "The picnic shelter shall remain in its present condition and nut be improved with the addi-.ion of screens, walls, sewage facilities, or indoor dividers or walls." Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-636 ADOPTION OF A HOUSING ASSISTANCE PLAN FOR THE CITY OF PLYMOUTH, YEARS 1991-1993. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-637 AUTHORIZING SUBMISSION OF CITY OF PLYMOUTH GRANT APPLICATION COUNTY FOR INCLUSION IN THE URBAF COMMUNITY DEVELOPMENT BLOCK GRANT YEAR XV TO HENNEPIN HENNEPIN COUNTY APPLICATION FOR QLUTI.ON 90-635 APPROVING VARIANCE FOR JEROME AND BETTY BEGIN (09- 02-90) 09- 02-90) Item 8-D FZ1=T1QH 90--636 ADOPTION OF HOUSING ASSISTANCE PLAN Item *8-E M3QLUTIQN 90-637 AMENDMENT OF CDBG PROGRAM FOR FUNDING YEAR XV Item *8-F Regular Council Meeting October 1, 1990 Page 394 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Ccuncilmember Zitur, to adopt RESOLUTION NC. 90-638 APPROVING AMCNDED PLANNED UNIT DEVELOPMENT PLAN AND CONDlTI04AL USE PERMIT FOR "BASS CREEK BUSINESS PARK" (90080). Motion carried on a roll call vote, five ayes. Assistant Manager Boyles stated the City received an inquiry from Ryan Construction Company related to the City's policy and ordinance requirements for on-sa4e liquor licenses as it relates to a prospective restaurant at Rockford Road Plaza. The first issue relates to City Code Section 1206.45 which states that "no on -sale or off -sale intoxicating liquor license or club may be granted within the sane bock of any school or church, or within 500 feet of ally school or church." The proposed restaurant would be located within 500 feet of a church. The second s 9sue relates to the Cot.ncil's policy for issuance of on -sale liquor licenses for a freestanding b•iilding which states "the building exclusive of land, must have a minimum valuation of $1,262,50n." The propoued restaurant wc•a? d be freestanding and have a value of $500,000. Assistant Manager Boyies asked that the Council provide direction if changes should be f.:onsidered to the City Code and/or policy. In response to a question by Mayor Bergman, Attorney Thomson explained the recent ordinance amendment which clarified how the distance is to be measured in the case of a liquor establishment located in a shopping center. Since this proposal is for a freestanding building, the ordinance amendment would not apply. Manager Willis stated that is of suffic4.ent valuation, restaurant, however, cannot valuation requirement. the larger development The individual meet the minimum PMQLU 14 90-639 APPROVING AMENDED PUD PLAN AND CUP FOR BASS CREEK BUSINESS PARK 90080) Item *8-G On -Sale iquoz Ordinance and Policy Revisions Item 8-H Regular Council Meeting October 1, 1990 Page 395 Councilmember Zitur asked if the City has contacted the church that would be affected in this situation if the City allowed issuance of an on -sale liquor license. Community Development Director Tremere stated no --the church would be contacted if staff is directed to pursue a change in the distance requirement. Hill McHale, Ryan Zonstru=tion Company, explained the restaurant proposal. He noted that the restaurant would be separated from the adjacent church by a four -lane road with a full median. he feels this is sufficient separation. In uddi:.ion, the only egresai from the restaurant site would be the main shopping center entrance, which is more than 500' .From the church.. MOTION was wade by Mayor Bergman, seconded by Councilmember Vasiliou, to direct staff to develop a proposed ordinance which would eliminate the 500' distiince requirement and a proposed resolution whizh would reduce the required building valuation to $500,000. Motion carried, five ayes. Manager Nillic recommended that the Council accept the final plans and specifications for Dass Lake and Parkers Lake Playfields. He suggested that the Covmcil delay ordering advertisement for bida until the report of the Financial Task Force is received, since this would be a significant expenditure. MOTION was made by Ccuncilmember Ricker, seconded by Councilmember Vasiliou to adopt RESOLUTION NO. 90-639 APPROVING PLA14S AND SPECIFICATIONS FOR BASS LAKE COMMUNITY PLAYFIELD PROJECT NO, 021 AND PARKERS LAKE comm JN I TY and to take no further recommendation of the received. PLAYFIELD PROJECT NO. 04221 action until the Financial Task Force is Motion carried on a roll call vote, five ayes. councilmember Vasiliou a9::ed why no appraisals were obtained tc determine a market value of property recommended to be sold to Hennepin Parks for the North Hennepin Trail Corridor. USOLUTION 90-639 APPROVING PLANS AND SPECS FOR PROJECT NO. 02.1 AND 022 Item 8-I Regular Council Nejeting October 1, 1990 Page 396 Manager Willis stated the property was acquired through park dedication for future use for the trail corridor. The original inttint was to eventually transfer the property to Hennepin Parks. The base value plus interest was used to determine an estimated sale price. MOTION was made by Councilmember Vasiliou, seconded by Council iaember Zitur, to adopt RESOLUTION NO. 90-640 APPROVING SALE OF LAND TO HENNEPIN PARKS. Motion carried an a roll call vote, five aye.'A. MOTION wadi crude by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-641 APPROVING 1990 RECYCLING PROGRAM AND AUTHORIZING MAYOR TO ENTER INTO A CONTRACT WITH HENNEPIN COUNTY FOR 1990 COST SHARING. Motion carried on a roll call vote, five ayes. MOTION Was made by Councilasember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-642 AUTHORIZING CONDEMNATION PROCEEDINGS, HIGHWAY 101 WATERMAIN, CITY PROJECT N0, 906. Motion carried orb a roll. ztill vote, five ayes. Bob McGraw, 4515 Utz i w;%;god the City condemning a po a temporary conatructiva slope easement for the Ro improvements, Project No. road will be 17' from his destroy his drain field. City purchase his entire right-of-way, rather than it. Lane North, objected to tion of his property for eaaement and permanent ckford Road Plaza 948. He stated the front porch and will He requested that the pr.,)perty for adequate condemning a portion of Public Works Dirfctor Moore stated the adequate right-of-way for the proposed Only a temporary easement is needed for construction purposes. City has roadway. ARNLUTION 90-640 APPROVING SILK OF LAND TO HENNEPIN PARKS Item 8-J RESOLUTION 90-641 APPROVING 1990 RECYCLING PROGRAM Item "8-K RESOLUTION 90-642 AUTHORIZING CONDEMNATION PROCEEDINGS FOR PROJECT NO. 906 Item "8-L-1 Condemnation for Project No. 948 Iters. 8-L-2 Regular Council Meeting October 1, 1990 Page 397 Attorney Thomson stated that Mr. McGraw's attorney, S. 'Todd Rapp, contends that even though the City has sufficient right-of-rsmy to build the road itself, the City should be acquiring additional right-of-way. He statod the resolution as proposed only seeks to acquire a slope easement and temporary construction easement because the project can be constructed within the existing right-of-way. Mr. McGraw stated the proposed street doesn't meet the City standard of 100' right-of-way for a four lane roadway. Director Moore responded that he knew of no such standard. Councilmember vasiliou asked if a meeting could be held between Mr. McGraw, hia attorney, and Attorney Thomson to clarify the issues. Attorney Thomson stated that meetings have been held and it is his opinion that since tho City does not need the right-of-way for the project, the Council is not required to acquire it. MOTION was made by Mayor Bergman, seconded by RESOLUTION 90.443 Councilmember Ricker, to adopt RESOLUTION NO. 90- AUTHORIZING 643 AUTHORIZING CONDEMNATION PROCESLINGS, CONDEMNATION ROCKFORD ROAD PLAZA/NORTHWEST BOULEVARD STREET PROCEEDINGS F0:1 IMPROVEMENTS, CITY PROJECT NO. 946. PROJECT NO. 948 Item 3-L-2 notion carried on a roll call vote, five ayes, MOTION waa made by Councilmember vaajliou, PMOLUTION 90-641 seconded by Councilmember Zitur, to adopt ADOPTING RESOLUeTON NO. 90-644 ADOPTING ASSESSMENTS, ASSESSMENTS, PROTECT NO, 416, NORTHWEST BOULEVARD STREET AND PROJECT h0. 416 UTILITY IMPROVEMENTS. Item *8-M Motx.-n carried on a roll call vcte, five ayes. MOTI%.N waa ,-3de by Councilmember vasiliou, M$0LUTION 90-64: seconded by Couaicilmember Zitur, to adapt ADOPTING RESOLUTION NO. 90-645 ADOPTING ASSESSMENTS, ASSESSMENTS PROJECT NO. 905, WEST MEDICINE LAKE DRIVE SEWER PROJECT NO. 909 AND WATEF LATERAL. Item *8-N M.,c.ion carried on a roll .call vote, Five ayes. 5 Regular Council Muting October 1, 1990 Page 396 MOTION was made by Councilmtv0er Vasiliou, seconded by Councilmember Zit-jr, to adopt RESOLUTION NO. 90-646 REDUCIN 1 DEVELOPMENT Boy@JD, SWAN LAKE FEST ADDITION (89025). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vaailiou, seconded by Councilmember Zit•ur, to adopt FZSOLLTION NO. 90-647 REDMING DEVELOPMENT B7ND, WOOD POINTE' ESTATES ADDITION (b8044) . Notion carried on a roll cull vote, five ayes. Assistant Manager Boyles reported that when the City awarded Plymouth Metrolink service to the Metropolitan 'transit Commission (MTC) last year, the Regional Transit Board (RTB) recommended that the award be for only one year. The Council awarded the one-year contract. to the MTC. Subsequently, the City and RTB agreed to Jointly prepare a Request for Proposal which would incorporate the Plymouth Metrolink Service. The RT13 has elected not to request proposals until April 1992 or after. He askee if Councilmembers are aware of any reasons which should pre•:lude consideration of a one-year MTC proposal, and whether them' are s•-rvic:es or routes which should be added to or deleted from the proposal. Councilmember Ricker stated tie received a report that buses broke down and were unaole to ci.mplete the route twice in one evening. He suggested that a ridership survey be conducted because he has not heard good comments about the MTC service. He will provide staff with specific: information so follow-up with MTC: care uc:%our. . A9aiatzant Manager Boyles stated he has re %-;eived a minimum number of complaints about the 9ervioo. Councilinember Vasiliou stated that thea ;'lty should request in writing trom the RTB the verbal omments received that, "it is up to the City whether it wishes to solicit Requests tint Proposal fur year beayirining Apr i 1 1, 19a1, of defer such so 1 icit .nt ion tot another year . " RZSQLUTZQN 90-646 REDUC INC DEVELOPMENT BOND, SWAN LA!(E WEST ADDITION (89025) Item •8-0-1 USQLUTION 90-647 RE'DUC ING DEVELOPMENT BOND, WOOD POINTE ESTATES ADDITION 88044) Item *8-0-2 Regular Council 1lreting October 1, 1990 Page 399 Attorney Thotason stated that it was the RTH's purview to mandate whether to request proposals or nego`iate ev they may adopt policy positions on a not within the City has on though uch sub eata. C.ouncilmember Helliwell stated the MTC did a good job of responding to a rocent letter outlining several service complaints, They also provided the resident wi.h several free tickets. MOTION was made by Councilmember Vasiliou, seconded by Counciimember Zitur, to accept the staff report. Motion carried, five ayes. MOTION was made by t..ouncilmember Vasiliou, econded by Counci:aiember Zitur, to adopt RESOLUTION N0. 90-F48 APPOINTING ELEC:TLON JUDGES FOR L ZWZRAL ZLECTION ON NOVEMBER 60 1990, Motion carried on a roll call vote, five ayes. MOTION vas made oy C:ouncilm4mber Vasiliou, seconded by :ounci]ntember Zitur, to place on the report regarding parking availability at Vicksburg Apartments (87131) . Motion cftrried, fi•e ayes. FMOLUTIO 90-W APPOINTING ELECTION JUDGES FOR GENERAL Ut. ECTION Item *8-0 Varking file Availability at Vicksburg Apartments (87131) Item *8--R MOTION was ,jade by C ouncilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION 00. 90-649 TO RSCOMMEND TO THE SUPREME COURT ADVISORY COMMITTEE ON THE RULES OF :.RIMINAL PROCEDURE TO RESCINE THE AMENDMENTS TO MINNESOTA RULES OF CRIMINAL PP.00EDURES 8.04 AND 11,07, Motion carried on a roll call vote, five ayes. Asoistant Manager Bayles presented a report on Staff' a investigation r,1f a maintenance free ground cover that could be used adjacent to trails. Since no truly 'maintenance free' ground cover was found, he .eecommended that the Council retain the current practice of requiring homeowners adjacent to City right-°of-wav, trail easements, and outloty to be responsible for maintenance of these a rean . PS30LUTION 91-649 RULES OF CRIMINAL PROCEDURE Iter *8-S Report. cin swMaintenance+ Free" around Colo Ar 1`.em 9-A E is Regul,tr Council fteting October 1, 1990 Page 400 NOTION was made by Councilmember Vasiliou, seconded by !Mayor Ber7man, to accept the report and tr retain tho current practice. Motion carried, five ayes. MOTION was made by CounnilmeW3er Zitur, oeconded by Councilmember Ricker, that the City Attorney be directed to review the conoments made regjarditq LDK Builders at the August 6 Council meeting and report back to tae Council in response to a letter recently received from LDK's Attorney. Motion carried, five ayes. Councilmember Zitur stated that stop signs are needed at tachacy Iane and Schmidt Lake Read. Manager. Willis responded that when Schmidt. Lake Road is opened, staff will propose that the Council consider a four-way atop at this intersection. The roan in proposed to ::to open in about a month. MOTION was made by Councilmember Zitlir, seconded by Mayor Bergman, that the letter recently received in response to the City's concerrn4% about the train whistle f;,ocluency be used as %the basis for a future article n the Plymouth Newai, including information about hazardous waste being transported, Motion carried, five ayes. Cuunc tlmember Vasiliou stated she will be attending a Cities Coalition regarding Eneironmental Issues, The Council authorized Co"ncilmember Vasiliou to attend upcomir g meetings of this :oalitlon as the City'a representative and to report back. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adjourn to Executive Session in the Council Conference Room immediately .following the regular meeting to discuss the statue of settlement for Uttonwood Plaza litigation, and to discuss the status and strategy of labor negot i#ti ona . Motion carried, five ayes. LDK Builders - P le.torney Review Council Tape Stop Signs at Zachary Lane and Schmidt Lake Road Train Whistle krticle in Fiymouth News Cities CoalAtion on Environmental Issues Executive S0331on Regular: Council Meeting October 1, 1990 gaga 401 The regular meeting was adjourned at 10:00 p.m. may Clerk