HomeMy WebLinkAboutCity Council Minutes 11-16-1992MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 16, 1992
The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:12
p. rn. in the Council Chambers of the City Center, 3400 Plymouth Bled., on
November 16, 1992.
PRESENT. Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou
STAFF PRESENT. Acting City Manager Boyles, Public Works Director Moore, Community
Development Director Dillerud, Park and Recreation Director Blank, Public Safety Director
Gerdes, Finance Director Hahn, City Attorney ;Meller, and City Clerk Rauenhorst
PROCLAMATION - MANUFACTURING WEEK
Mayor Bergman proclaimed Manufacturing Week in the City of Plymouth.
ITEM 4-A PROPOSED COMPOST ORDINANCE - PUBLIC INFORMATION
N1 EETING
Marjorie Vigoren, Solid Waste Coordinator, presented a proposed ordinance relating to
yard waste disposal and composting Since 1990, Minnesota law has prohibited the
disposal of yard waste with mixed solid \%aste iii the metro area In response, the City of
Plymouth has required garbage haulers to male a separate collection of yard waste, has
operated a yard waste dropoff site, and has prom, :ed leaving grass clippings on the lawn
and backyard composting. Beginning n the spring of 1993, the City will no longer take
harass clippings at the drop -offsite.
SK stated that the City has received a number of calls complaining of hacly a d court .,t
piles, mostly relating to odor and location of the piles, and an ordinance regulating
backyard composting would provide an objective measure for enforcement when nuisance
complaints are received. She stated it is difficult to enforce compost issues under the
present nuisance or finance The proposed ordinance addresses four areas. 1)
construction and size of the compost container 2) acceptable location of composting
activity both within the City as well as on the indi\ idual property, 3) materials ilia# may be
composted, and 4) maintenance requirements
Mayor Bergman asked fpr comments from the public on the propost.,t compost ordinance
LeRoy Reinke, 14411 County Road t1, stated the proposed ordinance is aver-restrtcti%e
end possibly unnecessary Ile believes the container si:.e proposed in the ordinance will
result in odor problems Ile suggested that "garden debris" be substituted tier the sliLvitic
vegetarian proposed in the ordinance, and stated that the language "in an em ironntentalh
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sound manner" relating to maintenance is too vague. Mr. Reinke stated that the City
should continue accepting crass clippings at the drop-off site.
Jan Gehris, 16285 28th Avenue North, stated she is very familiar with this issue because
she has been composting since 1983 and has volunteered with the Master Gardener
Program. She stated that the location requirements need to be clarified with respect to
comer lots. Since she lives on a corner lot, she is unclear of which is her "rear yard" She
suggested that the Council take an educational approach of teaching residents how to
properly compost, before adopting an ordinance to regulate composting. Ms Gehris
stated that "kitchen scraps' are acceptable for composting. It is meat and animal products
that can cause vermin problems and should be avoided.
Mayor Bergman asked Mr Reinke and h11 Gehris to suggest ordinance modifications to
the Solid Waste Coordinator
Community Development Director Dillerud stated that the locatiun issue mentioned by
Ms. Gehris is clearly defined in the Zoning Ordinance definition of "rear yard"
Joe Domagala, 17705 County Road 24, stated there will be odor problems if grass is
composted He stated there should be a system of collection for grass clippings, similar to
garbage collection, and perhaps the City should subsidize that service or find an altentate
location nutside of the recidPntial areas to dump the grass that is collected.
Ed Albro, 4105 Fentbrook Lane, stated that perhaps the City should not get further
involved in regulation of composting. Ile stated the proposed ordinance is too
complicated And unenforceable, and City personnel should he able to enforce nuisance
violations under the existing nuisance ordinance Fie stated the Council should reconsider
its decision not to accept grass clippings at the drop-off site in I9y3 Mr Albro stated
that the cost of $50,OUO to continue accepting clippings at the drop-off site is not
significant out ora $11412 million budget, and residents would ne willing to pay the
additional tax amount to hake the site available for accepting grass clippings. He stated
that if the existing site is unacceptable, the City should in\estigate an alternate size,
perhaps in the undeveloped portion of Plymouth, that the City could purchase or lease for
this use
MOTION was made by Councilmemher Vasiliou, seconded by Mayor Bergman, to table
consideration of the proposed compost ordinance wail suggested changes are received
fmn, Nir Reinke and his Gehris
Councilmember Vasil;ou asked \\hat options will he ovailable to residents, in addition to
composting, if grass clippings are not accepted at the drnp-off site in 11493
public Works Difeetor Moorc stated that leases and brush will still he accepte•t a. the Cit\
drop-oll'sitc ]'he odor problem at tile• site is due to the grass Clippings In I,)": the
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Regular Council Meeting
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grass clippings were hauled away :from the site un a weekly basi ., but that did not
eliminate the odor complaints. He sate,; that residents have the option of having their
garbage collector take grass clippings or of hauling their cl;ppings to a site in Maple
Grove. There are charges for both of these services.
Councilmember Vasiliou stated the City could also charge for bags of grass clippings
being dropped off at the City site
Councilmember Helliwell stated that leaving grass clippings on the yard aft•: mowing is
the best option.
The Council decided to further discuss acceptance t,f grass clippings at upcoming budget
study sessions
Motion to table carried, five ayes.
ITEM S APPROVE AGENDA
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to approve
the agenda.
Motion carried on a roll call vote, five ayes
ITEM 6 CONSENT AGENDA
Items 6-A and 7-H were removed from the Consent Agenda.
MOTION was made by C, dneilmember Edson, seconded by Councilmember Tierney, to
adopt the Consent Agin da, as amended.
motion carried on a ri ill call vote, fie a ayes
ITEM 6-A CITY COUNCIL. MINUTES
Councilmember 1 ierney corrected the name "Jordan" for "Winterhalter" on Page 386 of
the October 26 minutes.
MOTION was made by Councilmember Helliwell, sec:mded by Mayor Bergman, to
approve the minutes of October 26, Nw ember ^_, and November 4, as corrected
Mntion carried on a roll call Mite, ti%e mes
Regular Council Meeting
November 16, 1992
Page 411
ITEM 6-111 DISBURSEMENTS FOR PERIOD ENDING 10-31-92
MOTION was made by Councilmember Edson, seconded by Councilmember -1 rney, to
adopt RESOLUTION 92-719 APPROVING DISBURSEMENTS FOR THE
PERIOD ENDING OCTOBER 31, 1992.
Motion carried on a roll call vote, five ayes
ITEM 6-C WILLIAM CONDON, AMENDER PUD PIAN AND C.P.P. (92095)
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-720 APPROVING AMENDMENT OF RESIDENTIAL
PLANNED UNIT DEVEL7PMENT PLAN AND CONDITIONAL USE PERMIT
FOR WILLIAM CONDON LOCATED AT 5035 EVERGREEN LANE NORTH
92095).
Motion carried on a roll call vote, five ayes
ITEM 6-D TWIN CITY BEEKEEPING SUPPLY. C.U.P. (92096)
MOTION was made by Courcilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-721 APPROVING CONDITIONAL. USE PERMIT FOR
TWIN CITY BEEKEEPING SUPPLI, INC., LOCATED AT 3050 RANCHVIEW
LANE NORTH (92096).
Motion carried on a roll call vote, five ayes
ITEM 6-E REDUCTION OF SITE PERFORMANCF GUARANTEES
MOTION %vas made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-722 AUTHORIZING REDUCTION OF SITE
PERFORMANCE GUARANTEE FOR OPPORTUNITY WORKSHOP, INC.
LOCATED AT 10000 51ST AVENUE NORTH (91049).
Motion carried an a roll call vote, fi%e ayes
MOTION was made by Councilmember Edson. seconded by Councilmember Tielnt y, it)
adopt RESOLUTION 92-723 ArrHORIZING REDUCTION OF SITE
PERFORMANCE GUARANTEE FOR RYAN CONSTRUCTION COMPANI
FOR LANDSCAPE IMPROVEMENTS A'r rHE ROCKFORD ROAD PLAZA
LOCATED AT THE NIORTIIFAS CORNER OF VINF:WOOD LANE AND
COUNTY ROAD 9 (90051).
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Regular Council Meeting
November 16, 1992
Page 413
Motion carried on a roll call vote, five ayes
ITEM 6-F RELEASE OF SITE PERFORIMANCE GUARANTEES
MOTION was mad2 by Councilmember ' dson, seconded by Councilmember Tizrney, to
adopt RESOLUTION 92-724 AUTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR NATIONAL DESIGNWEAR LOCATED
AT 1005 BERKSHIRE LANE NORTH (91084).
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-725 AUTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR M.A. MORTENSON COMPANY FOR
MILES HOMES LOCATED AT 4700 NATHAN LANE NORTH (80004).
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-726 AUTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR CARLSON PROPERTIES, INC.
LOCATED AT 13000 HIGHWAY 55 (80031).
Motif -n carried on a roll call vote, five ayes
MOTION was made by Councilmember Edson. seconded by Councilmember Tierney, to
adopt RLSOLUTION 92-727 AUTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR CARLSON PROPERTIES, INC.
LOCATED AT 12900 Ii1GHWAN' 55 (80032).
Motion carried on a roll call vote, five ayes
IO TION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-7211 AUTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR CARLSON PROPERTIES, INC.
LOCATED AT 12800 HIGHWAY 55 (81058).
Motion carried on a roll call %ote, rive ayes.
MOTION vvns made by Councilmember Eidson seconded. by Councilmember Tierney, to
adopt RESOLUTION 92-729 AITTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEV FOR CARLSON COMPANIES LOCATED ON
LOTS 5 AND 6, BLOCK 1, MINNEAPOLIS INDUSTRIAL PARK 3RD
ADDITION (83056).
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Regular Council Meeting
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Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-730 AUTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR CARLSON COMPANIES LOCATED ON
LOT 4, BLOCK 1, MINNEAPOLIS INDUSTRIAL PARK 3RD ADDITION
83057).
Motion carried on a roll call vote, five ayes.
ITEM 6-G AMENDING COMMERCIAL DEVELOPMENT REVENUE NOTE
RELATING TO THE OAKLAND PROPERTIES PROJECT
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-731 AUTHORIZING THE EXECUTION AND
DELIVERY OF AMENDMENTS RELATING TO THE $860,800 COMMERCIAL
DEVELOPMENT REVENUE NOTE OF 1985 (OAKLAND PROPERTIES
PROJECT) AND DOCUMENTS RELATING THERETO.
Motion carried on a roll call vote. five ayes
ITEM 6-H ACQUISITION OF WOODED PARKLAND AT COUNTY ROAD 9 AND 1-
494
Nark and Recreaticn Director Blank presented it proposed resolution authorizing a
contract for the purchase of approximately 24 acres of property located north of County
Road 9 between 1494 and Fernbrook Lane for park purposes. tie stated the purchase
price of this property is $198,000 spread oxer three years, "rth funding from the park
dedication funds
He stated this property has been identified a; it litture acquisition site in the City',
comprehensive plan for a number of years, and recently the property owner offered to II
the property to the City The site is heavily wooded and it is planned that the park %%ill
remain in it, natural state for passive park purposes. He introduced Tess Hili of the
organization "Kids for Saving Earth" which is based in Plymouth Ile stated the
organization will be in%ol%ed in the design, de%clopmlont, maintenance, and fund raising
for this park
1a Hill stated "Kids liar Saving Earth" has agreed to adopt this park as a pioleet tier their
organization She explained the organization and stated the group is e\ci:ed about
orking with the City on this park project
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Councilmember Edson stated he supports the purchase He removed the item from the
Consent Agenda because he believes an exp: nditure of this size should be discussed
separately by the Council. He stated the sponsorship by "Kids for Saving Earth" is a great
opportunity for the City. Residents who desire passive park areas, rather than additional
active use areas, will be well served by this acquisition.
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt
RESOLUTION 92-732 AUTHORIZING PURCHASE OF MARION ESS
PROPERTY.
Motion carried on a roll call vote, five ayes
Councilmember Vasiliou stated that through the negotiations of Best & Flanacan, the cost
for the property is significantly less titan the City may have paid
Mayor Bergman invited "Kids for Saving Earth" to suggest names for the new park for
Council consideration.
ITEM 6-1 REVISION OF CITY CODE REGARDING DELINOU ENT PROPERTY
TA)jES FOR LIQUOR LICENSED PREMISES
MOTION was made by Councilmember Eidson, seconded by Councilmember 1 ierney, to
adopt ORDINANCE 92-30 RELATING TO LICENSING OPERATIONS WHICII
ARE DELINQUENT IN TAXES AND CHARGES, AMENDING SECTION
1106.43 OF THE PLYMOUTH CITY CODE.
Motion carried on a roll call vote. five ayes
ITEM 6-.I WAIVER OF St' BDIVISION REGULATIONS FOR CAf!tTWAY PARCEL,
MOTION was made by Councilmember Edson, seconded by Crumilmember Tierney, to
adopt RFSOLUTION 92-733 WAIVER OF SUBDIVISION REQUIREMENT.
Motion carried on a roll call vote, ti%e ayes
ITEM 6-K DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Eidson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-731 REDUCING DEVELOPMENT BOND, PARKERS
WOODS ADDITION (91037).
Motion cani-d on a roll call vote, fi%e avo
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MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-735 REDUCING DEVELOPMENT BOND, IRON
HORSE ESTATES ADDITION (91060).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-736 REDUCING DEVELOPMENT BOND, FAWN
CREEK ADDITION (90022).
Motion carried on a roll -all vote, five ayes
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-737 REDUCING DEVELOPMENT BOND, OXBOW
RIDGE 2ND ADDITION (90077).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilr+n-nber Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-738 REDI'C iNG DEVELOPMENT BOND, CURTIS
LAKE SECOND ADDITION (91101).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-739 REDUCING DEVELOPMENT BOND, HERITAGE
RIDGE PLAT TWO ADDITION (89036).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney. to
adopt RESOLUTION 92-740 REDUCING DEVELOPMENT BOND,
BRIDLEWOOD FARM ADDITION (90028).
Motion carried on a roll call vote, fi%e ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-741 REDUCING DEVULOPMENT BOND, BOULDER
RIDGE 2ND ADDITION (92010).
Motion camed on a roll call vote, Bye avis.
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Regular Council Meting
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MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-742 REDUCING DEVELOPMENT BOND, QUAIL
RIDGE OF ?LVMOt'TH 4TH ADDITION (87134).
Motion carried on a roll call vote, live ayes
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-743 REDUCING DEVELOPMENT BOND, SWAN LAKE
WEST ADDITION (89025).
Motion carried on a roll czll vote, five ayes
MOTION was made I,y Councilmember Edson, seconded by Councilmembt r Tierney, to
adopt RESOLUTION 92.744 REDUCING DEVELOPMENT BOND. PLYMOUTH
BUSINESS CENTER 6TH ADDITION (92029).
Motion carried an a roll cell vote, fire ayes.
ITEM 6-L APPROVE RECVC'jNG CONTRACT WITH WASTE MANAGEMENT
MOTION was made by Councilmember Edson, secondee by Councilmember 1 ierney, to
adopt RESOLUTION 92-745 AUTHORIZING ENTERING A TIiREE YEAR
CONTRACT FOR RECYCLING SERVICES.
Motion carried on a roll call vote, five ayes
ITE1%I 6-M 1993 RECYCLING GRANT APPLICATION
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-746 1993 MUNICIPAL SOURCE SEPARATED
RECYCLABLES.
Motion carried on a roll call vote, five ayes
ITEM 6-N ADOPT SPECIAL ASSESSMENTS
MOTION was made by C..+uncilmember Edsen, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-747 ADOPTING ASSESSMENTS, PLYMOUTH
BUSINESS CENTER STH ADDITION UTILITIES IMPROVEMENT, CITY
PROJECT NO. 71 S.
Motion carried u t a roll call rate, ti%e awe
Regular Council Meeting
November 16, 1992
Page 417
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-748 ADOPTING ASSESSMENTS, PLYMOUTH
BUSINESS CENTER 5TH ADDITION STREET IMPROVEMENT, CITY
PROJECT NO. 715.
Motion carried on a roll call vote, fire eves
MOTION was made by Counc;!member Edson. seconded by Councilmember Tierney, to
adopt RESOLUTION 92-749 ADOPTING ASSESSMENTS, CITY PROJECT NO.
106, NORTHWEST BOULEVARD (FUTURE COUNTY ROAD 61)
IMPROVEMENTS.
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-750 ADOPTING ASSESSMENTS, CITY PROJECT NO.
014, BOULDER CREST ADDITION SANITARY SEWER LAT ERAL BENEFIT.
Motion carried on a roll call vote, five ayes
MOTION %\as made by Councilmember Fd%on, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-751 ADOPTING ASSESSMENTS, CITY PROJECT NO.
015, CURTIS LAKE ADDITION SANITARY SEWER LATERAL BENEFIT.
Motion carried ori a roll call vote, five ayes
MOTION was made by Councilmember EJsen, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-752 ADOPTING ASSESSMENTS, CITA' PROJECT NO.
208, GOLFVIEW ESTATES SANITARY SEWER EXTRA DEPTH.
Motrin carried on a roll call vote, five a.vcs
ITEM 6-40 SET HEARING ON APPLICATION FOR OFF -SALE 3.2 LIQUOR
LICENSE
MOTION was made by Cru%cilmember Edson, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-753 SETTING PUBLIC HEARING ON OFF -SALE 3.2
LIQUOR LICENSE APPLICATION OF ADNAN SALEM ABUHAMED, 3435
HIGHWXY 169.
Motion carred on a roll call %ote, fi%e ayes
Regular Council :Meeting
November 16, 1992
Page 418
PROGRAM
Public Works Director Moore stated this is the fifth year of the City's Pavement
Management Program The proposed 1993 Street Reconstruction Program involves the
reconstruction of streets in three areas 1) Vicksburg Unne fro n Highway 55 to Schmidt
Lake Road; 2) 36th M enue North from Zachar; Lane to Highway 169. and 3) The
commercialrndustrial area east of Xenium Lane, north of County Road 6 and socth of
Highway 55 He stated that streets are expected to have a20 year life following
reconstruction, and he explained the special assessment policy
Mayor Bergman opened the public imprn\ement hearing on the 1943 Street
Reconstruction Program, at 8 22 p m No one app ared, and the hearing was closed
MOTION was made by :Mayor Bergman, seconded by Councilmember Tierney, to adopt
RESOLUTION 92-754 ORDERING IMPROVEMENT AND PREPARATION OF
PLANS AND SPECIFICATIONS, 1993 STREET RECONSTRUCTION
PROGRAM, CITY PROJE(-T NO. 301.
Motion carried on a roll call vote, fire ales
Acting :Manager Boyles stated at various times during the past year, the Council hasdiscussedabanontrainwhistlesThe (bunco recently direued the City Attorney to
prepare an ordinance for consideration that would ban train whistles between the hours of
10 p m and 7 a m daily for the segment of tracks between Highway 169 and 1494 Thebaniswaivedifthereisaclearandpresentdanee, or hazard on the tracks As a pre-
condition to the ordinance, signs, lights, and drop arms would be installed at each a;1ected
intersection He stated that installs:inn or a drap aim at Pineview Lane has beer, included
in the proposed l9'13-199; proposed Capital Improvement Budget
He presented a copy of a F!orida train whistle ban study supplied by the Soo LineRwilroadBasedanthestudyresultsofincreasedaccidentswiththebanineffect, the Sot,
Line Railroad opposes train whistle bat, ordinances lie stated there is no way of knr•vinL,
whether the Florida situation it similar to Plymouth's situation lie recommended that the
t ouncil schedule a purlic hearing in Januar' to solicit input from pet sons living adjacent
to the track, motorists who use !achrty, larch, Pine\ iew, and Vicksburg lanes, and Sou
Line and/or MnDOT representatives tin the proposed whistle ban ordnance
Cowicilmember FAson .stated that Ch\auo also has a whistle ban ordinance and suggested
that staff attempt to obtain a copy of it
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Regular Council Meeting
November 16. 1992
Page 419
The Council discussed aspects of the rlondn study. Councilmember Tierney suggested
that potential liability situations be considered.
Community Development Director Dillerud stated lie has checked with Winona officials.
The Winona train whistle ban ordinance has been in effect for about a year and no changes
have been noted in that tiiae
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney. to
schedule a public hearing in January to consider a proposed train whistle ban ordinance.
lution carried on a roll call vote, five ayes.
Finance Dirmtor Hal n recommended that the Council authorize the purchase of DOS
computer equipment for the Public Safety Department He sugg.sted conversion in early
1993 when Public Safety w•il: be moving into their new building.
MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to
adopt RESOIXTION 92-755 APPROVING THE PURCHASE OF GOS
COMPUTER EQUIPMENT AND SOFTWARE FROM AMERlDATA.
Motion carried on a roll call vote fi%e ayes.
ITEM 8-C DECLARATION OF SI!RPLUS PROPE.RTV
Acting Manager Boyles stated the City ha: entered into a purchase agreement with theOwnersofthefouracresitelocnledatthenortheastcornerof36thAvenueNorthand
Vicksburg Lane, for tl e new library The original five acre site owned by Bill Cavanaugh
is now excess to City needs 'The condemnation agreement provides that if any portion of
the site is not needed for library purposes, Mr Cavanaugh has first right of refusal in
acquiring the ri-rperty. He explained the process used i implementing this option, the
rust step is determining that the property is excess to City needs.
Bill Cavanaugh stated he wants to work with the City and doesn't want "roadblocks" from
the City when he ti ies to develop it Ile waists the Council to consider issues such as
access to the property and x.uning along with this repurchase issue
laycr Bergman stated thot under the auicement, NIr ('avanaugh has the option of
acquiring the pioperty at the sante price the ('ity paid, with the property in the same
condition as when the City purcha ed it Any c msidei ation of changes to the site, such as
access, would ht ve to be a separate request fir consideration by tl e Council N. stated
that he would consider reimbuisenu!it d'hiI Cavanauuh's legal expenses due to the
crmde.»natintt Iuucess
Regular Council Meeting
November 16, 1992
Page 420
Acting Manager Boyles stated the City Attorney has indicated that the issues are separate
The conditions of the repurchase are clearly set forth in the agreement and should be
handled without other considerations about the property. He stated that he asked Mr
Cavanaugh to provide the City with his documented legal expenses due to the
condemnation, which will then be presented to the Council for consideration.
MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt
RESOLUTION 92-756 DECLARING SURPLUS LAND ON ORIGINAL LIBRARI'
SITE, CITY OF PLYMOUTH, CITY COUNCIL.
Motion carried on a roll call vote, five ayes.
ITEM 8-D APPROVE FINAL PROJECT PAYMENTS
Public Works Director Moore recommended approval of final payment for Project No.
715. He stated the final cost underran the revised contract amount by $17,701.72, or 3.3
percent. He also recommended approval of final payme- , for the 1992 Seal Coat Program
which overran the original amount by $2,186.40 or 13 wrcent. The overran resulted
from the City's decision to add a street to the program atter the contract had been
awarded
MOTION was made by Councilmember Helliwell, Seco tded by Councilmember Tierney.
to adopt RESOLUTION 92-757 REQUEST FOR PAYMENT NO. 8 ..ND FINAL,
PLYMOUTH BUSINESS CENTER STH ADDITION. CITY PROJECT NO. 715.
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney.
to adopt RESOLUTION 92-758 REQUEST FOR PAYM ENT NO.2 AND FINAL.
1992 SEAL COAT PROGRAM.
Motion carried on a roll c;tll vote, five ayes.
IJ'F%J 8-F-1 CITY COUNCIL DIRF:CTIVFS
lcting Manager Boyles reviewed the 1992 pending and completed Council DirectiA es
MOTION watt made by !Mayor Bergman, seconded by Councilmember I Irlhweh, to
accept the Capital Imprnvement and I'mil.ct Status Reports, as pic.wnted
Motion catriLd. 11%C aV"
Regular Council Meeting
november 16, 1992
Page 421
ITEM 8-F STUDY SESSION TOPICS AND SCHEDULE
Councilmember Helliwell asked that a joint meeting with School District 279 be added to
the list of pending Study Session topics.
ITEM 8-G COUNCIL COORDINATING REPRESENTATIVE (CCR) REPORTS
Councilmember Edson stated that joint use of school facilities, particularly for adult
recreation programs, is included as an agenda item for discussion with School Districts
281 and 284
Councilmember Tierney reported that the Water Quality Committee is considering the
recommendation of an ordinance to regulate chemical use on lawns.
ITEM 8-H INFORMATION MEMORANDUM
Acting Manager Boyles reported on the following items in the Information Memorandum,
Upcoming council meetings and study sessions, School District 281 Government Advisory
Council meeting, HRA Vacancy and publicity for applications, 1tar Tribune article on
Wayzata/Piiv nouth.Chemical Health.Commission, and'rruth in Ta\at:^n notices
Mayor Bergman stated that the recent County Road 10 Update incorrectly listed a
business name It should he corrected to Bass Lake Buttleshop
Councilmember Tiernev noted that the Chaner Commission is scheduled lu meet on
Ce --ember 14.
Councilmember Tierney stated that attention was Prven to the issue of appointed or
elected Metropolitan Council members at the recent %i%1 Policy Adoption Meeting She
asked that the Council reconsider its decision to discontinue its membership in the AMM
in 1993.
Councilmember F.dson stated that all Councilmemhers may not agrcr on whether the
Metropolitan council members should be appointed or elected. He cited reasons that it is
his personal opinion that the members should be appointed, and noted that only the
Chairperson can be removed by the govemor. tic %tated the Metropolitan Council has
limited powers in areas other than planning, and if individuals believe the powers should
he greater, perhaps they should pursue it as a legislul:%e issue
ouncilmenther "Tierney stated that perhaps, along with the dismissal ot'the Chairperson,
the issue of whether the Metropolitan Council %hruld he an elected or appointed body will
brims attention to a %ariety of Metropolitan t't•nnvil mores by the legislature
0
Regular Council Meeting
November 16, 1992
Page 422
Councilmember Vasiliou stated that citizens' desire for "down -sized" government will have
an impact on whether there is a future for the Metropolitan Council.
The Council will discuss the City's membership in the AMM at a budget study scssion.
The meeting was adjourned at 9:00 p m.
rt Clerk