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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 0 0 Regular Council Meeting November 16, 1992 Page 409 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 0 9 Regular Council Meeting November 16, 1992 Page 4 10 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). t 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). 0 0 Regular Council Meeting November 16, 1992 Page 413 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 0 0 Regular Council Meeting November 16, 1992 Page 414 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 0 d Regular Council Meeting november 16, 1992 Page 415 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. 0 0 Regular Council Meting November 16, 1992 Page 416 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 0 a 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