Loading...
HomeMy WebLinkAboutCity Council Minutes 10-19-1999Adopted Minutes Regular Council Meeting October 19, 1999 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on October 19, 1999. Prior to the Council Meeting the Council conducted a meeting in the Medicine Lake Room to evaluate the City Manager. All Councilmembers were present at that meeting with the exception of Councilmembers Bildsoe and Johnson. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Harstad, Bildsoe, and Slavik. ABSENT: Councilmember Johnson. STAFF PRESENT: City Manager Johnson, Assistant Manager Ahrens, Public Safety Director Gerdes, Community Development Director Hurlburt, Public Works Director Moore, Assistant Public Works Director Sweeney, City Attorney Knutson, and City Clerk Paulson. Mayor Tierney reported that Councilmember Johnson is unable to attend this evening's meeting due to a family illness. Plymouth Forum No one appeared for the Forum. Presentations and Public Information Announcements 4.1) Acceptance of Donation of AED from Boston Scimed Corporation Fire Chief Kline requested the Council adopt a Resolution accepting the donation of an automatic defibrillator from Scimed Life Systems. Wyck Linder and Steve Augistine from Scimed Life Systems made the presentation to the City, and Gordon and Mary Ortler, representing Plymouth Crime and Fire Prevention Fund, accepted the donation. Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad to adopt a Resolution Accepting Donation of Automatic Defibrillator from Scimed (Res99-440). With all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 2 of 18 4.2) Update on Cougar Sighting Public Safety Director Gerdes reported until recently there had been sightings of a cougar in 1995 and 1997. A sighting of the cougar was reported on October 10, 1999. The sighting was confirmed on October 12, 1999, and a public safety news release was issued. This new release was sent to the neighborhood watch areas as well as the media. He stated this could be a dangerous situation; however, he discussed with the Council precautionary steps that should be taken by the public. Since October 10, 1999, there have been five additional sightings, but they haven't been confirmed. Staff has validated their permit with the Department of Natural Resources for the possible capture and relocation of the animal. He stated the sightings usually occur this time of year, and the best time to track the animal is during the first two snowfalls. He stated the City has a contract with a tracker to assist in tracking the animal. By the request of Councilmember Harstad, Public Safety Director Gerdes reiterated that private citizens shouldn't track the animal. He stressed cougars are most safe to humans if left alone. He stated the animal is living in the wildlife areas and has a good food supply. The woods and wetland provide a wonderful habitat for this animal. Citizens should contact the City if they have sighted the animal. Councilmember Brown asked what type of assistance the Department of Natural Resources is providing to the City. Public Safety Director Gerdes replied they provide the City with technical assistance i.e., identifying prints. Approval of Agenda Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda 6.01-6.15) Councilmember Bildsoe requested item No. 6.05 be removed from the agenda and acted on under General Business as item No. 8.04. Motion was made by Councilmember Harstad, and seconded by Councilmember Bildsoe, to approve the amended Consent agenda which included the following items: 6.01: Approval of City Council Minutes (Joint City Council/Planning Commission meeting of September 29, 1999, Special and Regular Council meetings of October 5, 1999, and Special Council meeting of October 12, 1999). Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 3 of 18 6.02: Resolution Approving Disbursements for the Period Ending October 8, 1999 (Res99-441). 6.03: Resolution Approving Variances for Wayzata High School Baseball Field Located at 4955 Peony Lane North (99089 — Res99-442). 6.04: Resolution Authorizing Submission of an Application to the Minnesota Department of Trade and Economic Development's Contamination Cleanup Grant Program for the Village at Bassett Creek Development (Res99-443 & Res99-443A). 6.05: This item was removed from the Consent Agenda and acted upon under General Business as item No. 8.4. 6.06: Resolution Approving Change Order No. 4 for Schmidt Lake Road (9007 - Res99-444). 6.07: Resolution Approving Revised Assessments for Treatment Pond and Town Center/Mann Theater (7011 - Res99-445). 6.08: Approval of request to direct City staff to request Hennepin County for approval of the installation of traffic signals at County Road (Xenium Lane) Sunset Trail, and County Road 24/Medina Road. 6.09: Resolution Establishing a Small Grant Program for Projects that Benefit Water Quality Res99-446). 6.10: Resolution Authorizing and Directing Amendments to the Joint Powers Agreement for the Bassett Creek Watershed Management Commission (Res99-447). 6.11: Resolution Approving 1999 Tobacco and Gasoline Service Station Licenses (Res99-448). 6.12: Resolution Receiving Report and Ordering Project for Street Lighting at Silverthorne 5`h Addition (Res99-449). 6.13) Resolution Authorizing the Purchase of Expanded Y2K Insurance (Res99-450). 6.14) Resolution Approving Garbage Hauler License for Michael P. Hall, Inc. (Res99-451). 6.15) Resolution Finding No Objection to Lawful Gambling Exemption for Plymouth Creek Elementary School PTA (Res99-452). There being no discussion and with all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 4 of 18 Public Hearings 7.1) Assessment Hearing for 1999 Weed Eradication and Destruction, Roll 1 Finance Director Hahn reported this is the annual assessment for weed removal. Staff notifies property owners who have obnoxious weeds on their properties, and they have 15 days to remove the weeds. If that is not completed, the City hires the work and assesses the cost back on the properties. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik to adopt a Resolution Adopting Assessments for 1999 Weed Eradication and Destruction, Roll 1 (Res99- 453). With all members voting in favor, the motion carried. 7.2) Assessment Hearing for 1999 Removal and Destruction of Diseased Trees, Roll 1 Finance Director Hahn reported the procedure for removal and destruction of diseased trees is the same as item No. 7.1 except the property owners have 20 days to remove and/or destroy the diseased trees after notification. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Brown to adopt a Resolution Adopting Assessments for 1999 Removal and Destruction of Diseased Trees, Roll 1 Res99-454). With all members voting in favor, the motion carried. 7.3) Project Hearing for County Road 6 Sanitary Sewer Services on Troy Lane north of County Road 6 Ferndale Road from County Road 6 to South City Limits Improvement Project No. 7018) Public Works Director Moore illustrated the proposed improvement and stated two different informational meetings were conducted with the property owners. He stated the project contains two parts, the southeast sub area (five properties immediately adjacent to County Road 6 and Troy Lane), and three properties further north on Troy Lane. He explained sanitary sewer for the Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 5 of 18 three north properties would be provided from an existing sanitary sewer service. The sanitary sewer would be extended westerly across the park. The sanitary sewer would eventually be extended on Troy Lane to go around the lake to serve an additional 25 properties. Sanitary sewer would be extended from 17th Avenue to Troy Lane to serve the southeast area and then southerly on Troy Lane to service another property on Troy Lane. He stated after reviewing the feasibility of the project, staff is making the following recommendations: 1. The improvements be constructed at an estimated project cost of $118,850. 2. The construction of sanitary sewer be assessed in accordance with the City's special assessment policy on a per lot basis. A policy should be prepared for possible deferral of assessments for lots that have on-site septic systems that meet current codes. This policy would also apply to Northwest Plymouth. 3. Assessments for lots, which are not provided service by this project, would be paid by the City. A connection fee equal to the assessment, adjusted annually by the Construction Cost Index, would be charged at such time as the property is connected to a sanitary service. 4. The property owner at 18410 County Road 6 constructs an individual pump system to the sanitary sewer manhole in the southwest corner of the property with an agreement to connect to and pay for assessments for a public gravity sewer system when it becomes available with credit given for the cost of the pump system. He stated that six affirmative votes of the Council are required in order to proceed with the project. Councilmember Black asked if interest accrues on the deferred assessment. Public Works Director Moore responded yes. Councilmember Black asked if there is the opportunity to connect to the sanitary sewer system if a property is sold. Public Works Director Moore replied yes, and typically if the sanitary sewer is available, the lending institution recommends the connection. Councilmember Black asked if costs are higher to connect the system at a later date due to the deferment. Public Works Director Moore stated it would probably be the same. Councilmember Black voiced her concern about excessive interest accruing on the deferred assessments. Councilmember Slavik asked whose assessments could be deferred. Public Works Director Moore replied only those properties whose septic systems have passed an inspection. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 6 of 18 Mayor Tierney commented this issue also affects the septic systems in Northwest Plymouth which the City would be addressing in the future. She noted the Council has not adopted a deferment policy. Mayor Tierney opened the public hearing for testimony. Bernie Klein, 1840 Troy Lane, supported the project. The sanitary sewer connection would be a solution for their property. Mark Lawton, 1750 Troy Lane, stated their property is in the southern part of the north section. As proposed, the route of the sanitary sewer would definitely impact their heavily wooded property. He stated his system was upgraded in the mid 1980s and is in good working order. He stated after discussing the with staff, there is the possibility of adjusting the location of the easement. He is also concerned how the improvement would affect his property value when he feels the improvement is not necessary. He recommended the service line be connected to 19'h Avenue which would be a shorter connection with no impact on his property. Councilmember Harstad asked Mr. Lawton if his system has been inspected. Mr. Lawton replied it has not been inspected recently, but it was inspected when he purchased the property. Councilmember Harstad asked staff what is the life of a septic system. Community Development Director Hurlburt stated it varies greatly due to the soil conditions. In Plymouth, the systems usually don't pass an inspection if they are 10 years old or more. Jay Swenson, 18410 County Road 6, stated he is the property owner who would be constructing the individual pump system to the sanitary sewer manhole in the southwest corner of his property. He stated this is less expensive, and it would be a permanent solution. He explained his septic system is failing, and he requested his property not be included in the project due to the proposed arrangement with his system. Ronald Simonson, 18220 County Road 6, stated his system is working, but it doesn't comply with the codes. Therefore, he strongly favors the approval of this project. Paul McRoberts, 1810 Troy Lane, stated his property is in the north section. He requested the Council approve this project. He explained he rebuilt their system in 1986, and it is not in compliance. He supported Mr. Lawton's alternative, which would be to connect the system to 19th Avenue. This would be the shortest route with less impact on properties. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 7 of 18 Mayor Tierney asked what damage would there be to the Lawton property. She asked if the line would be constructed between the border of private property and the park. Public Works Director Moore stated staff is surveying both sides to determine what is more feasible particularly as it pertains to the Lawton property. He stated as is the case for all property owners, if Mr. Lawton's inspection meets the current codes, the assessment would be deferred. He requested Mr. Swenson's property (18410 County Road 6) be deleted from the assessment roll as he would maintain his own private system. Councilmember Slavik asked what occurs when a sewer system fails. Public Works Director Moore replied usually there is sewage that comes to the surface of the ground, and/or enters the groundwater. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe to adopt a Resolution Ordering Improvement and Preparation of Plans and Specifications for Sanitary Sewer Service on Troy Lane North of County Road 6 (7018 — Res99-455) with the exception of the 18410 County Road 6 property. With all members voting in favor, the motion carried. General Business 8.1) Policy Requiring Minimum Ridership Age of 10 for Dial -a -Ride Public Works Director Moore explained a policy was adopted on September 7, 1999 that stated children 10 and under would need to be accompanied by a person 13 years or older in order to ride Dial -a -Ride. The Council stated this policy wouldn't go into effect until November 1, 1999 in order to receive public input. Mailings were sent to the affected schools and passengers, and handouts were given to passengers as well. He noted that the language, "The minimum age shall not apply to students enrolled and being transported to/from a public/private school to attend kindergarten through 6t' grade" was deleted from the Resolution adopted on September 7, 1999. It was noted that Holy Name of Jesus School, 155 County Road 24, was the only elementary school that would be affected with the new policy. Mayor Tierney stated the issue the Council was addressing was very young children riding the bus with no supervision. She explained this type of service is not like a school bus, and the bus drivers are uncomfortable in transporting children that need supervision. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 8 of 18 Assistant Public Works Director Sweeney stated during the last year, they were operating under an informal policy that riders had to be a minimum age of six. He explained there is too much liability for children under the age of six. Now, staff is requesting a formal policy. Mayor Tierney asked how the age of 13 was determined for supervision. Assistant Public Works Director Sweeney stated Hennepin County uses this age, and they operate a very large system. Councilmember Bildsoe asked if there have been any problems with younger passengers. Assistant to Public Works Director Sweeney replied no as the drivers are very conscientious. Councilmember Bildsoe asked if it is correct that the drivers don't want to be responsible for the young children. Assistant Public Works Director Sweeney replied they didn't want to be responsible for the two and three -year-olds that would be transported to the daycare centers. Steve Ferry, 4285 Oakview Lane, voiced his opposition to the policy. His stated his two children, who are nine and 12 years old, use the bus everyday. He stated they have utilized this service for four years, and the policy would adversely affect his family. He urged the Council to not change the policy. Lastly, he stated he doesn't expect the drivers to be in a supervisory capacity but just to transport his children to and from school safely. Councilmember Brown asked Mr. Ferry if his children use the bus for any other destinations other than school. Mr. Ferry replied no, and he requested the language that was deleted from the resolution adopted on September 7, 1999 be inserted back in. He stressed there is no other alternative for their children to travel to school. Ellen Feuling, 155 County Road 24, who is the principal at Holy Name of Jesus School, stated these are dedicated buses, and she is there to meet the children when they arrive and when leave every day. If there is a problem, she requested staff to contact her. She recommended the language that was previously removed from the resolution be reinserted. Ellen Whitenight, 13725 58th Avenue North, stated transportation is an issue in transporting children to Holy Name of Jesus School. She stated her children are eight and 10, and the bus driver is extremely conscientious. She also requested the language be inserted back into the resolution. Hope Mura, 12435 44`h Place North, stated she has two children, and they have used this service since 1995. It's a very dependable service, and bus drivers are very caring. If this service were discontinued it would definitely be a hardship on their family. Councilmember Brown asked Ms. Mura about alternative transportation if they didn't have access to the service. Ms. Murra replied they would probably car pool, but it would be very difficult. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 9 of 18 There being no one else wishing to appear before the Council to give testimony, Mayor Tierney closed the public hearing. Councilmember Brown asked if the dial -a -ride route is a dedicated route. Assistant to Public Works Director Sweeney stated no; it is a general route, but there is a standing order. If a citizen utilizes the system for a two week period, it becomes standing order. Councilmember Brown asked if there are adults who use the service. Assistant Public Works Director Sweeney stated adults usually utilize the service to travel to work. Councilmember Harstad noticed that only 19% of the users would have a car available if this type of service isn't provided. Councilmember Black stated there is nothing to preclude adults riding the bus with their children in a supervisory capacity. Public Works Director Moore stated that is correct; however, it's not guaranteed that they would be returned to their home in a timely fashion due to the standing order of the service. Councilmember Slavik stated when the policy was enacted, she was concerned about a hardship. However, Holy Name of Jesus School is a private school, and they could establish their own transportation system if necessary. She noted that students from other schools that utilize the service are over the age of 10. Mayor Tierney asked if the City is precluding others from using the system due to the number of students from the Holy Name of Jesus School. Assistant Public Works Director Sweeney stated no, however, staff continues to evaluate the system and perhaps in the future it might be necessary to add another bus. The goal of the service is to effectively utilize the vehicles while meeting the standards of the Metropolitan Council. Motion was made by Mayor Tierney, and seconded by Councilmember Harstad to support a resolution stating "children under the age of six and not being transported to/from a public/private school to attend kindergarten must be accompanied by a responsible party at least 13 years of age. If a child restraint seat is required by law, the responsible parry must provide the seat and is responsible for proper seat securement. Only vehicles with appropriate seat belts installed will accept children that require child restraint seats. Children governed by this policy will ride free." Motion was made by Councilmember Slavik, and seconded by Councilmember Black to amend the main motion to modify/insert the following language, "Children under the age of 10 must be accompanied by a responsible party at least 13 years of age. The minimum age shall not apply to students enrolled and being transported to/from a public/private school to attend kindergarten Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 10 of 18 through 61 grade. Mayor Tierney voiced her concern with 13 year olds supervising. With all members voting in favor but Tierney, the motion carried. The Council then voted on the amended motion and with all members voting in favor, the motion carried. It was noted that this policy goes into effect November 1, 1999. Councilmember Harstad asked how staff verifies the age of the children. Assistant to Public Works Director Sweeney replied it is an honor system, but the City would verify the information if there were problems. The Council took a recess at 8:45 p.m. and reconvened their meeting at 8:55 p.m. 8.2) Preliminary Plans for Reconstruction of County Road 101 from County Road 24 to Highway 55 Public Works Director Moore illustrated the preliminary plans. He stressed these are preliminary plans. He stated this project has been a high priority of the Council for many years and especially when the Wayzata High School was proposed to be constructed on Peony Lane. This is a major north/south artery. The project is being designed to fulfill the needs of the year 2020. He stated the traffic projections are 20,000-21,000 vehicles per day. The County is proposing a four -lane roadway with a median for added safety and proper turn lanes. Traffic signals are proposed at the Medina Road, Highway 55, and County Road 24 intersections. Two informational meetings were conducted for adjacent property owners. Following the meetings, the consultant hired by the County developed a preliminary plan, and there was a public informational meeting as well as the Council conducting a study session on the preliminary plan. He stated staff is recommending the Council approve the concept and preliminary plan in order that the final plan can be prepared. He stated the following items are contained in the resolution approving the preliminary plan which staff is requesting be addressed: 1. The length of turn lanes continues to be reviewed and if possible shortened during the final design process if not necessary for projected traffic volumes. This includes the necessity of the right turn lanes for both eastbound and westbound County Road 24 at County Road 101. 2. Install berms where possible to mitigate impacts on adjacent properties if the adjacent property owners would grant the necessary construction access at no additional cost to the project. 3. The project incorporates a landscaping plan, including possible screening fences, prepared by the City after roadway construction is substantially completed. The County and City shall share equally in the implementation of the landscaping plan with a maximum budget of two percent of construction costs. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 11 of 18 4. The County shall continue to work with City staff in order that there is a future connection for the frontage road shown as part of the City's Transportation Plan which extends westerly between Medina Road and Highway 55. 5. Retaining walls and/or tree walls shall be used where feasible to retain specimen trees. 6. Adequate water quality treatment for the added impervious surface shall be provided. 7. Environmental impacts that are addressed in the Environmental Assessment Worksheet EAW), including noise, shall be considered with the final design. 8. During final design, if several specimen trees could be avoided by a slight alignment shift, this should be considered. 9. The County shall continue to work with City staff in order that additional access from County Road 101 might be provided for the commercial property at the southeast corner of the Highway 55 intersection. He informed the Council that the project cost is about $5 million, and the landscaping budget would be within two percent of the construction costs. Councilmember Harstad asked of the $5 million how much is assessed to the affected property owners. Public Works Director Moore replied those properties that have direct access to the roadway would be assessed which is according to the City's Street Reconstruction Policy. He stated there are very few properties that have direct access to the roadway. Councilmember Bildsoe asked what the schedule is if the Council approves the preliminary plan this evening. Public Works Director Moore replied the County would begin preparing the final design while the Environmental Assessment Worksheet is being prepared. The Environmental Assessment Worksheet should be completed within one month, and that would include the publication and comment period. In January and February 2000, the project limits would be defined, and the County would proceed with right-of-way acquisitions. Prior to the right-of-way acquisitions, there would be study sessions with the Council. The earliest construction could start would be mid June 2000. Councilmember Harstad asked why the two-lane roadway between County Road 24 and Oakwood Lane Elementary isn't being widened. Public Works Director Moore stated this is a funding issue, but this section of the roadway is contained in the County's Capital Improvement Plan for 2003. Councilmember Black asked what fund the City's share of the project is coming from. Public Works Director Moore stated the City's share is from State aid funds. Councilmember Slavik, referring to item No. 7 of the resolution, asked if this roadway is exempt from noise ordinances. Public Works Director Moore stated the noise ordinance does not apply to County roads. The City's ordinance governs the object that is producing the noise. He stated Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 12 of 18 He stated in order to decrease the level of noise, there would be berming. Councilmember Black asked if it is correct that the State noise standards also do not apply to County roadways. Public Works Director Moore stated that is correct. Councilmember Black asked if there are any plans and/or details on the storm water retention ponds. Public Works Director Moore stated the plans haven't been prepared yet. Councilmember Brown asked what dictates what type of medians would be constructed. Public Works Director Moore stated the types of medians that are constructed are due to safety requirements. Roadways with medians have half the number of accidents compared to those roadways that don't have medians. Councilmember Slavik asked how staff is addressing the concerns of the 101 Liquors and the Conoco station which are located at the Highway 55 intersection. Public Works Director Moore stated in order for adequate turn lane and stacking distance, the vehicles would be stacked over the right-of-way. He stated cities and counties are not mandated to provide access to properties in both directions. Manager Johnson commented that item No. 9 of the resolution states that staff would continue to analyze a solution. Councilmember Bildsoe asked in the design stages, how can the speed of the roadway, which is 50 mph, be addressed. Public Works Director Moore stated this is a straight roadway which makes it very difficult to incorporate any curves to slow the traffic without any additional impact on adjacent properties. Councilmember Bildsoe asked if it is possible to request of the State a 45 mph speed limit. He noted that the traffic on this road has increased drastically. Public Works Director Moore stated volume of traffic creates slower speeds. The State would perform a study on the speed of vehicles traveling the roadway as well as review all the accident data and then establish the speed limit. Mayor Tierney stated this is only the preliminary layout, and Council would be authorizing the County/consultants to prepare the final design if the preliminary plan is approved this evening. She stated the Council would be conducting another study session, and there would be an open house for the public on the proposed final design. Public Works Director Moore informed the Council they would approve the final plans. The County doesn't want to allocate funds for a final design if the Council doesn't approve this concept. He stated this project is very similar to County Roads 6, 9, 10, and 61 which carry traffic in the projected 20,000-21,000 vehicles per day. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 13 of 18 Scott Alexander, 17815 32 n Place North, stated he is representing residents of Heather Run. Their concerns are the width of the road and the affect on the adjacent properties, sight and sound mitigation plan, size of the intersections, and speed of the roadway. The residents understand this would be a four -lane road, and he requested the City keep them updated as this project progresses. In addition they would also prefer to review the landscaping plan as part of the detailed design. In conclusion, they requested there be school traffic signal lights by Greenwood Elementary School. David Holman, 17820 30th Place North, stated he lives south of County Road 24, and his property would be severely impacted by the construction. The residents understand there needs to be some type of balance on the proposed changes of County Road 101, but this should be balanced with the residents. Residents would lose part of their properties. He stated the trees on his property act as a buffer zone, and this project would impact this area. Some of his general concerns are doubling the size of the road with turn lanes, as this type of road wouldn't be constructed south of County Road 24, the medians would create safety hazards, the speed of the road would be increased as it would appear as a freeway, and the County should save as much property and trees as possible. Linda Vicary, 3225 County Road 101 North, presented a petition containing over 300 signatures that requested City and County officials to discuss this project with the residents. She stated her property would be unmarketable if this project is constructed as proposed. The median in front of their house would now be larger than their yard. She would also be assessed for this project as she accesses County Road 101. Lastly, the traffic projections of 20-21,000 vehicles per day would occur before 20 years. Melissa Holman, 17820 30th Place North, voiced her frustration in that she was not made aware when they purchased this property six years ago that this road was scheduled to be improved. The foresight wasn't there when the developer was planning their neighborhood. The development should have been constructed further back from the roadway. If a turn lane was eliminated it could save their old trees. She explained they have given ample feedback to the County, but their concerns haven't been addressed. She requested the Council not approve preliminary plans at this time. She requested the Council balance the traffic needs with the community needs, school needs, and neighborhood needs. Tamara Peasha, 3320 Queensland Lane, shared the same concerns as Ms. Holman's. She stated this is a highly residential area with an elementary school, and the roadway is not adequately patrolled especially after the high school students are dismissed. She stated she supports reducing the speed limit when school is in session and installing flashing lights near the elementary school. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 14 of 18 Norm Mitchell, 17705 301h Avenue North, stated they moved here five years ago, and they weren't made aware of this project. He stated the proposed road is too big, and he does not support two bike paths. Katrina Wasscher, 17820 30th Avenue North, stated her property abuts County Road 101. She stated the residents do not want people using this roadway in order to travel to other destinations. She then presented a petition to the Council that contained over 170 signatures. Christian Preus, 16205 5th Avenue North, representing Glory of Christ Lutheran Church located on the east side of 101 south of Highway 55, stated currently the church's driveway accesses County Road 101. Under the proposed plan, there wouldn't be a left in or left out access. If this were correct, they would propose to change their property access to 40th Avenue. They support the policy that if there were no access on County Road 101 if there would be no assessment. He also illustrated a preliminary drawing of a break in the median if there would a left in and left out access to their property on County Road 101. He stressed that the church does not want to pay for an assessment if they aren't required to. Chris Yungner, 101 Liquors, 4130 County Road 101, stated the majority of their traffic is from Highway 55. If there were not a left turn into their business off County Road 101, people would make a U-turn at Medina Road. She stated the County is concerned about the stacking of vehicles on County Road 101; however, it currently isn't a problem. She requested there be a left turn lane with other lanes adjacent to that lane. She stated the Conoco and Highway 101 Liquors would be forced out of business if a left turn lane weren't provided. Patrick Busch, 18500 Medina Road, representing Len Busch Roses at 4045 County Road 101, requested a median access for their truck traffic to get to Highway 55. They requested a solution to avoid routing the truck traffic through the neighborhood. Motion was made by Councilmember Slavik, seconded by Councilmember Black, to amend the rules to extend the meeting to 12:00 a.m. With all members voting in favor the motion carried. Mike Melnychuck, 17915 34th Avenue North, stated he opposes the approval of the preliminary plan. The speed of the traffic would be based on what 80% of the vehicles are currently traveling. With the addition of the medians, the speed of the vehicles would increase. It would give the impression of a speedway. Regarding the trails, they aren't in use now, and there is no connecting point so why expend funds for trails on both sides. In conclusion he has asked if there have been any studies as to the impact of accidents in a residential neighborhood. Kim Helgerson, 3200 Queensland North, stated her property is adjacent to Linda Vicary's. If this road becomes a thoroughfare from I-94 to Wayzata, the City must consider the impact on the Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 15 of 18 four elementary schools that are located along County Road 101. With the traffic traveling at high speeds, this could be a dangerous situation. She also noted there many children who reside adjacent to this roadway. She requested this proposal be reviewed again and/or be denied as she doesn't feel ample planning was conducted. Randy Hughes, 2062 Holy Name Drive, Wayzata, speaking on behalf of his uncle, Robert Hughes, who operates a driving range, believes the current plan doesn't provide sufficient access to businesses. He requested the plans be reviewed to provide additional detail. Richard Crosby, 3505 Olive Lane, asked why medians are proposed for this section of County Road 24 when they aren't planned for south of County Road 24. He stated there has been no sight or sound mitigation, and no fence to prevent children from going into the street. Ms. Vicary requested the City install flashing yellow lights since the high school and Greenwood Elementary are very close with their school schedule. The Council noted those letters that were sent both individually and to the Council as a whole have been entered into the project record. Councilmember Bildsoe stated prior to being elected as a Councilmember, he realized that there were problems with County Road 101 which include safety, sight distance, and traffic backing up on County Road 6. He has conducted numerous meetings with homeowners' associations, and these concerns were discussed. He stated this road would be reconstructed as it is included in the County's Capital Improvements Program. He commented the safest way to reconstruct the road is with a median even though that would not occur south of County Road 24 as there is not sufficient property to do so. He requested the Council approve the preliminary plan, but consideration should be given to comments and concerns conveyed to the Council by the residents. Motion was made by Councilmember Black, and seconded by Councilmember Brown to adopt a Resolution Approving Preliminary Layout of County Road 101 from Highway 55 to County Road 24 (9005 — Res99-457). Councilmember Black stressed to the residents that the State establishes the speed limits not the City, but the City has worked very hard in trying to change the law which would give local units of government that authority. She stated landscaping softens the roadway, which assists in encouraging people to drive slower. She mentioned that the speed limit of Zachary Lane is being lowered from 45 mph to 40 mph, which is probably due to the level of landscaping. She stated she supports the medians, and she would be in favor of narrowing them if necessary to save any old oak trees. She stated medians with landscaping narrows the roadway which then lowers the speed of vehicles. The roadway doesn't have the appearance of a freeway. In addition, the Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 16 of 18 medians make it safer for pedestrians. She stressed that everyone has paid for this road not just City residents, as this roadway is being funded with State aid funds. Lastly, she would support any efforts to reduce noise and save trees. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik to amend the main motion to include item No. 10 of the Resolution to include consideration of flashing pedestrian lights by Greenwood Elementary School (Medina Road). With all members voted in favor of the amendment but Harstad, the motion carried. Councilmember Harstad stated he would not support this motion. He explained the traffic projections are higher south of County Road 24; therefore, that portion should be reconstructed first. He understands the safety concerns should be addressed especially as they relate to the elementary schools, but it is not guaranteed that the southern portion would be reconstructed in 2003. Councilmember Slavik feels the citizens' concerns have not been adequately addressed. Therefore, she would like to offer two amendments to the main motion to include some of those concerns. Motion was made by Councilmember Slavik, and seconded by Councilmember Black to amend the main motion to include item No. 11 of the Resolution to state "there would be a study session with the Council to review the final plans before right-of-way acquisition begins and before approval of the final design." With all members voting in favor but Harstad, the motion carried. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe to amend the main motion to amend item No. 7 of the Resolution to state, "Environmental impacts and proposed mitigation that are addressed in the Environmental Assessment Worksheet (EAW), including noise, shall be considered with the final design." With all members voting in favor but Harstad, the motion carried. Councilmember Brown asked if the language could be strengthened for item No. 9 of the Resolution. Councilmember Bildsoe suggested staff discuss the situation with the businesses at that intersection and the Glory of Christ Lutheran Church. Public Works Director Moore stated the intent of item No. 9 was to review alternatives in providing access to those businesses. Councilmember Black asked if there couldn't be an access for the church on 40th Avenue. Public Works Director Moore stated more than likely this roadway would be constructed as part of the adjacent development. Motion was made by Councilmember Black, and seconded by Councilmember Slavik to amend the main motion to include item No. 12 of the Resolution to state, "Consideration shall be given Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 17 of 18 to reducing the width of the center median in areas where substantial trees or existing vegetation could be avoided." With all members voting in favor but Harstad, the motion carried. A discussion was held regarding the landscaping portion of the project and the need to involve citizens in that planning process. Motion was made by Councilmember Black, and seconded by Councilmember Slavik to amend the main motion to amend the language of item No. 3 of the Resolution to include, "Adjacent property owners shall be involved in the plan preparation. Replacement trees shall be as large as possible." With all members voting in favor but Harstad, the motion carried. The Council then voted on the amended main motion. With all members voting in favor but Harstad, the motion carried. Councilmember Black requested that the Council receive a copy of the approved resolution. 8.3) Comprehensive Plan Update, Lane Use Plan for 2020 Urban Expansion Area (98025) The Council discussed the lateness of the hour and the great amount of discussion that would be occurring with this item, and lastly, the importance of all Councilmembers being present when this item is discussed. Motion was made by Councilmember Bildsoe and seconded by Councilmember Slavik to table this issue. The Council discussed an alternative date to conduct this meeting. Motion was made by Councilmember Slavik and seconded by Mayor Tierney to amend the main motion to conduct the Special Meeting on October 26, 1999 at 7:00 p.m. Councilmember Brown indicated his preference to conduct the meeting on this date. Councilmember Bildsoe stated he is uncomfortable in conducting this meeting as providing ample notification to residents could be difficult. Community Development Director Hurlburt stated that the Council was scheduled to meet with the Planning Commission on November 15, 1999, but that could be changed. Hearing these comments, Councilmember Slavik withdrew her motion. A few Maple Grove residents requested the Council conduct the meeting on November 15`x' as that would allow them additional time to research this issue. Also, they requested they be added to the City's mailing list for issues affecting the Northwest Plymouth area. Community Development Director Hurlburt requested those residents contact staff in order to receive the mailings. Adopted City Council Minutes Regular Meeting of October 19, 1999 Page 18 of 18 Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black to amend the motion to conduct the meeting on November 15, 1999 at 7:00 p.m. in the Council Chambers no joint meeting with the Planning Commission). With all members voting in favor but Tierney and Brown, the motion carried. 8.4 —previously item No. 6.05) Continuation of Participation in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for Calendar Year 2000 Councilmember Bildsoe requested this item be discussed at a future Work Session. He would like the Council to fully understand what this program entails (what the goals are, if the City is meeting the goals, and how it impacts the City). Community Development Director Hurlburt stated the latest the Council could act on this item is the Regular Meeting of November 2, 1999 due to the application deadline. Manager Johnson mentioned the goals would be reviewed again as part of the housing element of the comprehensive plan. Community Development Director Hurlburt stated if the City doesn't participate in this program, some grant funds would not be received i.e., Bassett Creek project. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe motion to adopt a Resolution Electing to Continue Participation in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for Calendar Year 2000 (Res99-458) in order that the City doesn't lose the funding but with the understanding that this item is to be discussed in further detail at a future Work Session. With all members voting in favor, the motion carried. Adjournment Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik to adjourn the meeting at 11:10 p.m. With all members voting in favor, the motion carried. F,iL 130- andra R. Paulson, City Clerk