Loading...
HomeMy WebLinkAboutCity Council Minutes 03-05-1997MINUTES REGULAR COUNCIL MEETING MARCH 5, 1997 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center Council Chambers, 3400 Plymouth Blvd., on March 5, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Bildsoe, Wold, Johnson, and Preus. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Park and Recreation Director Blank, Finance Director Hahn, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum Brian McMorris, 3255 Garland Lane, stated that he supports the recommendation of the Planning Commission regarding proposed land use guiding for property at the southeast corner of Medina Road and County Road 24. This will be addressed at a future meeting of the City Council. While he understands the concerns of the developer, the interests of the existing property owners must be balanced with those of the developer. Michael Walters, 3285 Garland Lane, also supported the Planning Commission resolution. He said concerns of the neighborhood are the traffic situation, pedestrian use, and lighting and odors from the proposed development area. David Slavik, 3325 Everest Court, concurred with the previous comments. He said there is a similar land use guide plan request on this agenda. The residents are concerned that higher density development will result in more traffic, and there is a need for transition from single family homes to higher density development. He said it is the responsibility of the City to maintain the integrity of all properties in the City and to ensure that new development is compatible with existing developments. Item 4-A Proclamation of VOA Week Mayor Tierney proclaimed Volunteers of America Week as March 2-9, 1997 - RESOLUTION 97-131 ENDORSING PROCLAMATION OF MARCH 2-9 AS VOLUNTEERS OF AMERICA WEEK IN THE CITY OF PLYMOUTH. Item 5 Approve Agenda Motion was made by Councilmember Black, seconded by Councilmember Preus to approve the agenda. Motion carried, seven ayes. Regular Council Meeting March 5, 1997 Page 2 Item 6 Consent Agenda A correction was made to Page 4 of the February 18 minutes, but the item remained on the Consent Agenda. The motion to amend the title of the Pro - Plymouth Pledge was made by Councilmember Johnson, rather than Councilmember Black. Items 6-0 and 6-S were removed from the Consent Agenda. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to approve the Consent Agenda as amended. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Preus, seconded by Councilmember Wold, to approve the minutes of the February 18 special meeting as amended and the February 19 regular meeting. Motion carried, seven ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-132 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING FEBRUARY 21, 1997. Motion carried, seven ayes. Item 6-C H.I. Enterprises, Inc., (96189) Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-133 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR H.I. ENTERPRISES, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CARLSON PARKWAY AND CHESHIRE LANE (96189). Motion carried, seven ayes. Item 6-D Christ Memorial Lutheran Church (97001) Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-134 APPROVING A CONDITIONAL USE PERMIT FOR A TEMPORARY DAYCARE CENTER AT CHRIST MEMORIAL LUTHERAN CHURCH FOR PROPERTY LOCATED AT 13501 SUNSET TRAIL (97001). Motion carried, seven ayes. Regular Council Meeting March 5, 1997 Page 3 Item 6-E Plymouth Oaks 2"d Addition (96173) Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-135 APPROVING FINAL PLAT FOR DAHLSTROM, PETERSON, EIDEN PARTNERSHIP FOR PLYMOUTH OAKS 2ND ADDITION LOCATED NORTH OF ROCKFORD ROAD AND WEST OF BERKSHIRE LANE (96173). Motion carried, seven ayes. Item 6-F Tobacco License Approval - Holiday Foods Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-136 APPROVING 1997 TOBACCO LICENSE FOR HOLIDAY FOODS LOCATED AT 4445 NATHAN LANE. Motion carried, seven ayes. Item 6-G Planning Commission 1997 Work Program Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-137 APPROVING 1997 PLANNING COMMISSION WORK PROGRAM. Motion carried, seven ayes. Item 6-H Plymouth Metrolink Agreement with Four Seasons Mall Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-138 APPROVAL OF AGREEMENT FOR USE OF A DESIGNATED AREA OF THE PARKING LOT AT FOUR SEASONS MALL SHOPPING CENTER FOR A PARK-AND- RIDE SITE. Motion carried, seven ayes. Item 6-I Reduction in Required Financial Guarantees Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-139 REDUCING REQUIRED FINANCIAL GUARANTEE, BRIDLEWOOD FARM 3" ADDITION 93021). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-140 REDUCING REQUIRED FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK ADDITION (93106). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-141 REDUCING REQUIRED FINANCIAL GUARANTEE, FERNBROOK WOODS 2ND ADDITION 94018). Motion carried, seven ayes. Regular Council Meeting March 5, 1997 Page 4 Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-142 REDUCING REQUIRED FINANCIAL GUARANTEE, COURTYARDS OF PLYMOUTH OAKS ADDITION (94049). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-143 REDUCING REQUIRED FINANCIAL GUARANTEE, HICKORY HILLS ADDITION (94091). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-144 REDUCING REQUIRED FINANCIAL GUARANTEE, BASS LAKE ESTATES 3RD ADDITION 95065). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-145 REDUCING REQUIRED FINANCIAL GUARANTEE, FERNBROOK WOODS 3" ADDITION 96057). Motion carried, seven ayes. Item 64 Conor Meadows Addition Easement Vacation Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-146 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PERPETUAL EASEMENT FOR UTILITY PURPOSES, PIN 07-118-22-41-0002. Motion carried, seven ayes. Item 6-K Carlson Center 14' Addition, Quit Claim Deed Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-147 AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN A QUIT CLAIM DEED REMOVING ACCESS RESTRICTION TO COUNTY ROAD 61 AND COUNTY ROAD 15 FOR LOT 1, BLOCK 1, CARLSON CENTER 14TH ADDITION. Motion carried, seven ayes. Item 6-L 1997 Community Development Block Grant (CDBG) Funding Allocation Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-148 AUTHORIZING SUBMISSION OF THE CITY OF PLYMOUTH'S APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR 1997. Motion carried, seven ayes. Regular Council Meeting March 5, 1997 Page 5 Item 6-M Community Roadside Landscaping Partnership Program Application Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-149 AUTHORIZATION FOR APPLICATION TO THE COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM. Motion carried, seven ayes. Item 6-N 1997 Reforestation Contract Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-150 APPROVING 1997 REFORESTATION CONTRACT. Motion carried, seven ayes. Item 6-P Liquor License Revocation Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-151 REVOKING THE 3.2 ON -SALE LIQUOR LICENSE ISSUED TO HON KONG, INC. D/B/A GOLDEN CHINA RESTAURANT. Motion carried, seven ayes. Item 6-Q 1997 Health, Dental Benefits for Non -Represented City Employees Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-152 APPROVING THE 1997 MONTHLY HEALTH, DENTAL INSURANCE BENEFITS FOR NON - REPRESENTED CITY EMPLOYEES. Motion carried, seven ayes. Item 6-R Uniform Allowance for Non -Represented Sworn City Employees Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-153 APPROVING THE PAYMENT OF A CLOTHING ALLOWANCE TO SWORN PEACE OFFICERS WHO ARE NON -REPRESENTED CITY EMPLOYEES. Motion carried, seven ayes. Item 6-T West Medicine Lake Park Phase Three Master Plan Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-154 APPROVING FINAL PLAN FOR PHASE 3 OF WEST MEDICINE LAKE PARK. Motion carried, seven ayes. Item 6-U Peony Lane/19`h Avenue Traffic Safety/Speed Humps Motion was made by Councilmember Preus, seconded by Councilmember Wold, to continue the traffic safety measures undertaken on 19`h Avenue/Peony Lane until traffic studies can be completed in April and to direct staff to make a report to the City Council in May. Motion carried, seven ayes. Regular Council Meeting March 5, 1997 Page 6 Item 7-A Industrial Development Revenue Bonds, Progress Casting Group Community Development Director Hurlburt presented the staff report on the request for preliminary approval for issuance of tax exempt bonds in an amount not exceeding $6 million for an addition to the Progress Casting Group Inc., facility (Woodland Village Investments Limited Partnership) at 2600 Niagara Lane. The bonds would be used to finance the construction and equipping of a proposed 50,000 square foot expansion to the existing aluminum casting manufacturing facility. The proposed expansion would create an estimated 75 to 100 new jobs with an estimated annual net payroll of 3,200,000, and would result in a net property tax increase of $225,000 per year. She stated that approval of the tax exempt bond issue would not be an obligation of the City and would be payable solely from the funds provided by the Limited Partnership. Staff recommends approval of the request. She distributed a revised resolution with a date correction. Councilmember Bildsoe thanked Progress Casting for continuing to build in Plymouth and for providing additional employment opportunities. Mayor Tierney opened the public hearing at 7:18 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-155 GIVING PRELIMINARY APPROVAL TO A PROJECT ON BEHALF OF WOODLAND VILLAGE INVESTMENTS LIMITED PARTNERSHIP PROJECT AND ITS FINANCING UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; AUTHORIZING SUBMISSION OF THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS. Motion carried, seven ayes. Item 7-B Vacation in Carlson Center Addition Public Works Director Moore presented the staff report on the request for vacation of easement rights in Carlson Center Addition. He explained that with the platting of Carlson Center Addition in 1985, a portion of County Road 64 and County Road 15 adjacent to Carlson Center Addition were vacated by Document No. 1776514. This property has now been replatted, and HI Enterprises is proposing a Holiday Station Store in Lot 1, Block 1. In order to clear title on this parcel, the utility easement retained earlier must be vacated. He stated there is no overhead or underground wiring within the area proposed to be vacated. Regular Council Meeting March 5, 1997 Page 7 Mayor Tierney opened the public hearing at on the proposed vacation in Carlson Center Addition at 7:19 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-156 AUTHORIZING THE VACATION OF EASEMENT RIGHTS FOR UTILITY PURPOSES OVER AND ACROSS VACATED COUNTY ROAD 61 AND COUNTY ROAD 15 DESCRIBED IN DOCUMENT NO. 1776514. Motion carried, seven ayes. Item 7-C Vacation in Seven Ponds 2"d Addition Public Works Director Moore presented the staff report on the request for vacation of a part of Dunkirk Lane and County Road 24 in proposed Seven Ponds 2"d Addition. Both of these streets, along with Medina Road, have been relocated and removed from the area proposed for vacation. He said that NSP and Minnegasco have notified the City that they still have utilities within the area proposed for vacation and object to the vacation. The recommended resolution contains a statement that will allow both Minnegasco and NSP to maintain their lines until they are relocated. Councilmember Wold asked if the utility companies have a plan for moving the existing lines from the vacated area. Public Works Director Moore said the utility companies could move the lines if requested by the landowner, but the cost would be the responsibility of the landowner. Mayor Tierney opened the public hearing at 7:25 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-157 AUTHORIZING THE VACATION OF PART OF DUNKIRK LANE RIGHT-OF-WAY, SEVEN PONDS SECOND ADDITION, HENNEPIN COUNTY, MINNESOTA, DUNKIRK MEADOWS, HENNEPIN COUNTY, MINNESOTA, and RESOLUTION 97-158 AUTHORIZING THE VACATION OF PART OF OLD COUNTY STATE AID HIGHWAY NUMBER 24, HENNEPIN COUNTY HIGHWAY PLAT NUMBER 4. Motion carried, seven ayes. Item 7-D-1 Public Improvement Hearing, 1997 Street Reconstruction, Project 7001 Public Works Director Moore introduced the scheduled public improvement hearings. He provided information and showed a video on the purpose and history of the Street Reconstruction Program. The 1997 Program proposes Regular Council Meeting March 5, 1997 Page 8 work in Cavanaugh Addition, immediately east of City Hall, and on Harbor Lane from 34" Avenue to Fernbrook Lane. Harbor Lane has existing concrete curb and gutter and a storm sewer system which will be repaired. Partial reconstruction of the street is needed. Streets in the Cavanaugh Addition area require total reconstruction, except for the Niagara Lane and Minnesota Lane cul-de-sacs which were more recently constructed. The Cavanaugh area has no storm sewer or concrete curb and gutter, and a significant number of drainage problems. A video was shown depicting drainage problems in rear yards and on Juneau Lane following a 1995 rainstorm. In response to a question by Councilmember Johnson, Director Moore said the video was taken immediately following a typical 4" summer rain storm. Reconstruction of the asphalt streets is proposed in the Cavanaugh Addition, as well as storm sewer and curb and gutter installation to improve drainage. Director Moore introduced engineering staff members and said that information meetings have been held with affected neighborhoods. A portion of the cost is proposed to be assessed to the benefiting properties and estimated assessments have been provided to those property owners. An assessment hearing will be held in the future. Mayor Tierney asked if an additional area was initially proposed for inclusion in the 1997 Reconstruction Program. Director Moore said consideration was given to including the Garland Lane/County Road 6 area; however, there was not sufficient funding. In response to a question from Councilmember Preus, Director Moore explained that when the twenty-year Street Reconstruction Program was initiated, the goal was to assess an overall average 30 percent of the reconstruction cost to benefiting properties, with the remaining 70 percent paid by the City. This cost split is only for reconstruction -- not new improvements in an area. The estimated assessment for 1997 street reconstruction is $987 for a single family dwelling, with an additional $8.50 per foot for concrete curb and gutter. Storm sewer would be assessed at 2,000 per lot. The estimated assessments in the Cavanaugh area are about 4,000 to $4,500 per residential lot. The Cavanaugh area requires extensive work, and only about 8 percent of the total project cost would be assessed. In most years of the Street Reconstruction Program, assessments account for 26 to 34 percent of the actual construction cost. The Harbor Lane reconstruction would be assessed to apartment properties. If the Council moves forward, Director Moore recommended that the assessment policy should be reconsidered for apartments. Regular Council Meeting March 5, 1997 Page 9 Councilmember Preus asked when information on the proposed project was provided to residents. The Street Reconstruction video indicates that residents would be involved eight months before a project begins. The public information meeting on this project was held on February 20. Public Works Director Moore said there was not direct communication with residents relating to the project until last month. Councilmember Preus asked if the proposed storm sewer construction would be necessary if the construction of Plymouth Blvd. had not been done, and he asked staff to address the impact of the berm. Director Moore explained that there is no storm sewer system in the Cavanaugh area, and storm sewer installation is needed to improve drainage. Niagara Lane previously connected directly to Highway 55 and water drained to vacant land. The berm was installed to screen the residences. It could not have been installed in such a way as to avoid a drainage problem. Mayor Tierney opened the public improvement hearing on the 1997 Street Reconstruction Program, Project 7001, at 8:02 p.m. Mitchell Rotenberg, 3205 Harbor Lane, represented Regency Pointe Apartments. He said the reconstruction work is needed, but the existing assessment policy relating to apartments is unequitable. The estimated proposed assessment for the apartments is $106,000, while a commercial property would pay $28,000 for the same improvements. He asked the Council to mandate a more equitable assessment policy for apartment properties. Mayor Tierney suggested that Mr. Rotenberg be involved in discussions with the Street Reconstruction Subcommittee. Councilmember Johnson welcomed Mr. Rotenberg's participation on the Subcommittee. She said there are many apartment residents in the City and their input is needed. Mike Hult, 3220 Minnesota Lane, asked why Cavanaugh Addition residents were not informed earlier of the proposed project. He said that residents of this neighborhood would prefer to spend money on improvements to their homes, rather than on curb and gutter. Gerrit Propsma, 3315 Minnesota Lane, President of the Cavanaugh Homeowner Association, said project notification was not timely. The Homeowner Association has held two meetings since receiving notice of the project on February 8. He believes that the engineering division did a good Regular Council Meeting March 5, 1997 Page 10 job of planning the project; however, resident input was missed. This is particularly important in order that drainage issues can be documented and addressed. Mr. Propsma said that there are drainage problems in three areas -- at Juneau Lane since it was originally constructed, at 31" Avenue and Niagara Lane which flows to a pond area, and along 32"d Avenue where the roadway has sunk and water stands. He said that residents have complained about these drainage problems since the 1970s. This development is one-way in and out and residents want it to remain that way to maintain low traffic volumes. He believes these streets are in better condition than streets in some newer areas with curb and gutter. The existing asphalt gutters are porous which has a drainage advantage. Mr. Propsma shared that the majority of the Cavanaugh Addition residents are opposed to the project as currently planned. The residents agree that the street could use reconstruction but are unsure about the proposed storm sewer and curb and gutter. He requested that the Council consider tabling this project in order to involve the affected residents in the process. Bridget Berg, 14835 32"d Avenue North, said that the proposed cost of storm sewer and curb and gutter exceeds the cost of the road. She said there is very little traffic in this development and the majority of residents do not want the improvements. Claudia Freund, 14820 32"d Avenue North, said her rear yard adjoins with three others and forms a serious drainage problem and standing water. Whatever improvements are done in the area, she requested that this safety concern be addressed. She clarified that yard drainage in the area needs to be addressed -- not only street drainage. She learned of the proposed project on February 6 and said this was not sufficient notice. Dolores Sommers, 14925 32"d Avenue North, said she has been a resident since 1972. She believes that engineering mistakes made on previous projects are the cause of current drainage problems. The grading of the entire Cavanaugh area is a problem. She said these streets have lasted for 25 years with minimal maintenance. Street seal -coating was done in 1987, with only patching since that time. She said the asphalt curbs and streets in this subdivision are outlasting the concrete improvements on Plymouth Blvd., and the proposed improvements are not necessary. She believes that street reconstruction may be cost effective for the City, but not for affected residents. Assessments would be a financial burden for senior citizens. She favors installation of a drainageway under the Niagara Lane berm and correction of the three major drainage areas at City expense. Dave Cavanaugh, 3105 Niagara Lane, said when he moved to this location 20 years ago, there were no drainage problems. The drainage problems began when Plymouth Blvd. was constructed and the berm was installed. He Regular Council Meeting March 5, 1997 Page 11 showed pictures of the drainage problem areas. Since the City Council approved the original Plymouth Blvd. street design, he believes reconstruction costs should not be assessed to residents. Mayor Tierney closed the public hearing. Public Works Director Moore responded to questions. He said this area is not unique with respect to the amount of the estimated assessments. The City has had similar areas in past years of the reconstruction program and he cited Ivanhoe Woods, 25`h Avenue, and Lancaster Lane as examples. He said the improvements are more expensive because there was no storm drainage or concrete curb installed as part of the original development. Concrete curb was not installed with the original project due to the high sanitary sewer and watermain assessments. These streets are about 25 years old, and streets are typically built to last 20 years. Unless reconstruction is done soon, significant annual maintenance of the streets will be needed. The total cost to reconstruct the street is about $13,000 per lot. The City has an investment in the street of 11,000 to $12,000 per lot, compared to a property owner's cost of $1,000. With regard to neighborhood input, he said the detailed engineering work on the project is yet to be done. The purpose of the information meeting held last month was to get information from residents on problem areas in the development. Councilmember Black asked how the rear yard drainage problems might be addressed in the reconstruction project. Public Works Director Moore said the City could consider whether the problems can be solved with storm sewer installation at the detailed design stage. If not, a pipe could be installed to connect the rear yard drainage with the storm sewers, or drain tile lines could be considered. He was unsure if the City had paid these types of costs in any similar situations and said the Council could consider what caused the problem in determining who should pay for the improvements. Councilmember Black asked if this project would lose priority on the reconstruction list if it is not done at this time. Director Moore said the Council ultimately establishes the priority. The Council levies a certain amount each year for the reconstruction program; however, other funding sources could be considered. The Council would also decide if additional funds should be expended for maintenance or whether minimal work will be done on these streets. He said the street will continue to show a high need for reconstruction under the program. When streets are dropped from inclusion in the program, residents often then petition for the improvements. Regular Council Meeting March 5, 1997 Page 12 Mayor Tierney asked if the berm construction could have been responsible for creating some drainage problems. Director Moore explained that when Plymouth Blvd. was constructed, water was conveyed via a swale. A storm sewer system is needed for adequate drainage, and removal of the berm would not solve the problems. Councilmember Bildsoe asked if a partial street reconstruction, with no curb and gutter, could resolve the drainage problems. He asked if this street was selected for the program due to age or condition. Director Moore responded that a storm sewer system, including concrete curb and gutter, is needed to adequately address the drainage problems. The street was selected for inclusion in the reconstruction program because of its condition. Councilmember Wold asked if Council action is needed this evening to achieve construction this summer. Director Moore said action is needed soon in order to ensure adequate time for final plan design prior to summer construction. Mayor Tierney noted that concrete curb and gutter, in addition to aiding drainage, helps to improve water quality in the City. She believes the work is needed, but perhaps the proposed work can be modified. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-159 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, 1997 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 7001, as it relates to Harbor Lane, and to postpone the Cavanaugh portion of the project. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to table the Cavanaugh portion of the reconstruction program to March 19, and to direct that the Street Reconstruction Assessment Subcommittee hold a meeting with affected residents by that date. Councilmember Preus said that several residents don't believe the project is necessary or have major concerns with the concept. He supports the motion but is unsure all issues can be resolved in two weeks. Councilmember Wold appreciated the difficult task for the Subcommittee, but stated that a postponement will give residents an opportunity for additional Regular Council Meeting March 5, 1997 Page 13 input. It is unlikely that the Council can find a solution by modifying the project this evening. Motion carried, seven ayes. Motion was made by Mayor Tierney, seconded by Councilmember Wold, to set a meeting of the Community Policing Subcommittee for March 12 at 6 p.m., and a meeting of the Street Reconstruction Assessment Subcommittee for March 12 at 7 p.m. Motion carried, seven ayes. Councilmember Preus announced that these are open meetings, and anyone interested may attend. Mayor Tierney called a five-minute break. Item 7-D2 Ridgemount Avenue Reconstruction, Project 7004 Public Works Director Moore introduced the public improvement hearing on improvement of Ridgemount Avenue from County Road 73 to Plymouth Road, Project 7004. This is a joint project between Plymouth and Minnetonka. He described the proposed project. Most of the area requires only an overlay, and an off-street trail is proposed along the entire length of the improvement. Throughout the years, concerns have been expressed to the City on the need for a trail along Ridgemount Avenue since there is an elementary and junior high school along the street. In order to lessen the impact to adjacent properties, the trail will be constructed immediately adjacent to the curb. It will be within the right-of-way of the street. The proposed trail is on the north side of the street from Wayzata East Junior High to the west, and on the south side of the street from the junior high to the east. This is being done to reduce the amount of tree removal necessary to construct the trail. An estimated assessment rate of $987 per single family residence is proposed for properties with direct access to the improved street. The cost of concrete curb and gutter, where needed, would be an additional charge. Director Moore said that an assessment of about $2,000 is estimated for lots needing curb and gutter. This amount will vary by lot width. Mayor Tierney opened the public hearing at 9:09 p.m. Bill Hartman, 12630 Ridgemount Avenue, said his main concern is the proposed trail which is slated to abut his property. He questioned the impact on his property value and is concerned that mature oaks would have to be removed. The privacy and shade on his property would be reduced. He asked how the trail will be maintained. Regular Council Meeting March 5, 1997 Page 14 Dick Graczyk, 11420 Ridgemount Avenue North, noted problems with drainage water coming from County Road 73 to Balsam Lane to Deerwood Lane onto his property. He would like this addressed in the project. Marilyn Graczyk, 11420 Ridgemount Avenue North, said the drainage runs down their driveway and into the rear yard. She favors curbs or other improvements to solve the drainage problem. Steve Hoops, 12440 Ridgemount Avenue North, feels that the project was misrepresented to the citizens in the February 6 letter from the City because the trail was not mentioned. He questioned the need for a trail when two 4 foot walkways are already in place. Mr. Hoops is concerned that retaining walls will have to be moved further onto properties which will damage mature trees. He asked who is responsible for keeping the trail cleared of snow and expressed concern about the likely ice problem on the hill. He objects to his mailbox being moved across the street from his home and does not feel the project was adequately planned. Mr. Hoops does not believe water quality is an issue because most of the water will drain to the existing watershed. Mel Boettcher, 11616 Ridgemount Avenue, said he is also speaking for the concerns of his immediate neighbor -- the Larsons. He said the street from County Road 73 is in good condition and has a functioning curb; however, there have been long-standing drainage problems. The problem originated when the bike lanes were installed. The Larsons must wade through water or walk on ice to get to their mailbox. He believes the City should pay the cost for reconstruction between Balsam and Forestview Lane, in excess of the cost of a simple overlay. Mr. Boettcher expressed concern about the proposed cross-over point for the trail and said the crossing should have maximum visibility in both directions. He said the Minnetonka police travel at excessive speeds of over 70 mph on this road. Curtis Kunkel, 12530 Ridgemount Avenue North, said he is most concerned with the trail and loss of trees. The existing drain in his rear yard is adequate. He has a sprinkler system in his front yard and assumes that the sprinkler heads would have to be moved for the project. Jim Neus, 12620 Ridgemount Avenue, said residents received short notification of this project and this did not give them an opportunity to adequately discuss the proposal. The trail was not mentioned in the initial communication. He is concerned with the loss of a country -type setting, loss of mature trees, snow removal, and reduction of property value. He suggested the street reconstruction and trail be considered as separate issues. Nancy Trombly, 11600 Ridgemount Avenue, said her major concerns are the proposed cost and inconvenience of the project. She operates a licensed Regular Council Meeting March 5, 1997 Page 15 daycare and is concerned with the impacts of the project. About eight years ago, the bike trail and asphalt curbs were installed, but drainage was not improved. There is a pond drainage area across from her property, and she is concerned about the safety of children. She noted that flooding has occurred from the culvert. Eleanor Hoaglund, 11510 Ridgemount Avenue, said she does not favor the project. Her proposed estimated assessment is $3,400 due to her 275 feet of frontage, and she believes there is no need for a trail. She said residents opposed the bikeway that was previously installed. Ms. Hoaglund noted that affected Minnetonka residents are not being assessed for the project. She objected to the placement of six mailboxes on her property. Marj Eckers, 12440 Ridgemount Avenue North, expressed concerns about the street and trail. She said that the information received from the City in the mail and at the public information meeting was inconsistent. A map received in the mail indicates that existing retaining walls will be relocated. She believes that should have been addressed at the public information meeting. She asked how much property will be taken and how many mature trees will be impacted. Mayor Tierney closed the public hearing at 9:40 p.m. Public Works Director Moore said this hearing is to decide whether to proceed with the project. The impact of the project on trees is unknown because surveying has not been done. He explained that the off-road trail was not part of the City's trail plan. Several years ago, the City received petitions from schools and residents requesting the trail, and in 1992 the Council directed that an off-street walkway be included as part of the future street project. The trail is proposed to be located immediately adjacent to the curb and would be constructed within the existing right-of-way so no private property would be taken. An eight foot trail is proposed, but portions could be narrowed as part of the detailed design to lessen the impact on existing trees and retaining walls. In response to a question from Councilmember Black, Director Moore stated there is sufficient right-of-way area in which to construct the trail. The Council discussed the concerns expressed about the moving of mailboxes due to the project, as well as the fact that this area is served by two post offices. Staff is not involved in the postal requirements on mailbox placement, and residents were referred to their respective post offices. Councilmember Spigner expressed concern about the short notice that residents received of the project. It appears there are drainage problems that Regular Council Meeting March 5, 1997 Page 16 have not been addressed, and she said further citizen input is needed. She also asked why all information on the trail and the need to move retaining walls was not mentioned in the notice. Public Works Director Moore responded that all drainage issues associated with Ridgemount Avenue would be addressed in the detailed plans. The notice lacked information due to an oversight. A second mailing was sent when this was brought to staff's attention. Director Moore said there is always some inconvenience with construction, and the City will work with the contractor to ensure residents access to their properties during the project. Councilmember Black noted that one resident had questioned why the City of Minnetonka is not assessing residents for this improvement. Public Works Director Moore explained that each City finances their own construction projects. Cities make a choice whether to fully fund reconstruction from property taxes or to assess all or a portion of the cost to the benefiting properties. Plymouth has chosen to assess a portion of the cost. Councilmember Preus asked if it has been determined whether significant trees will have to be removed. Director Moore said this is unknown until the final project design is done. Greg Stonehaus, MSA Consulting Engineers, said the trail will be placed in the right-of-way. There are trees in the right-of-way, but the engineers will attempt to lessen the impact on the existing trees and retaining walls. He added that sprinkler systems will be repaired and relocated as needed as part of the project. Councilmember Black said that since some of the issues raised by residents will be addressed in the final design stage of the project, she would like an opportunity to again talk with residents to ensure their concerns have been met. Public Works Director Moore said that staff will conduct an open house when the final plans are completed, and residents will be mailed notice of the meeting. Mr. Stonehaus said that the plans should be 80 percent completed by late March. It being 10 p.m., motion was made by Councilmember Wold, seconded by Councilmember Preus, to suspend the rules and to adjourn the meeting at 10:30 p.m. Motion carried, seven ayes. Regular Council Meeting March 5, 1997 Page 17 Councilmember Spigner said that resident input on issues such as drainage is needed prior to design of final plans and an open house. Public Works Director Moore said citizen input is desired now, and that was the purpose of the previous information meeting on the project. The purpose of the open house is to verify the final plans. Changes could then still be made before the final plans are presented to the Council for approval. Councilmember Preus noted that one resident had suggested considering the trail at a later date, separate from the road reconstruction. He asked staff to respond. Director Moore said this would be more expensive and could involve difficult grading issues if the trail is not done in conjunction with the street project. Councilmember Preus asked if the petition requesting the trail that was received by the City several years ago was circulated to all residents of the area. Public Works Director Moore said that is unknown since the City did not solicit the petition. Councilmember Preus stated he has a concern with moving forward on the trail when the City has heard from groups on both sides of the issue at different times. Park Director Blank explained that petitions from citizens and schools requesting the trail were presented to the City several years ago. The City did an engineering report and the Park and Recreation Advisory Commission recommended that the trail be constructed when the road was reconstructed. The testimony at the Park and Recreation Advisory Commission meeting was that the on -road trail was not sufficient and that an off-road trail was needed for safety due to the schools in the area. Councilmember Wold asked if all vehicles traveling in Plymouth, with the exception of specific vehicles responding to an emergency, are bound by the City's speed laws. Public Safety Director Gerdes said that is correct. He will discuss the speeding issue noted by a resident with the Minnetonka Police Chief. Regular Council Meeting March 5, 1997 Page 18 Motion was made by Councilmember Spigner, seconded by Councilmember Wold, to adopt RESOLUTION 97-160 ORDERING IMPROVEMENT AND DESIGNATING THE CITY OF MINNETONKA AS THE LEAD AGENCY, RIDGEMOUNT AVENUE STREET AND PEDESTRIANBICYCLE PATH IMPROVEMENTS, CITY PROJECT NO. 7004, with the understanding that affected residents will still be able to offer input into the final design of the project. Motion to amend was made by Councilmember Johnson, seconded by Councilmember Spigner, that the Council also be notified of the open house held with residents to review the final design. Motion to amend was made by Councilmember Spigner, to delete the trail and to consider the trail as a separate issue. Motion died for lack of a second. Councilmember Preus said it is important that the Council consider residents' perspectives for and against the trail. He would like staff to provide complete information on the petition and actions of several years ago relating to the trail. City Manager Johnson said the Council could also direct that the project be designed both with and without a trail, with the decision to proceed to be made at such time as the final plans come before the Council for approval. The Council could conduct a public hearing at that time on the trail issue only. Motion to amend was made by Councilmember Spigner, seconded by Councilmember Wold, to direct staff to design the project both with and without a trail and to conduct a public hearing on the trail issue when the Council considers the final plans. Vote on amendment carried, seven ayes. Main motion as amended carried, seven ayes. Public Works Director Moore stated that a larger notification will be done for the trail public hearing than was done for this improvement project hearing. Item 7-E Assessment for 1996 Removal of Diseased Trees, Roll 1 Finance Director Hahn presented the proposed assessments for 1996 removal and destruction of diseased trees, Roll 1. He stated that the City Forester recommends a reduction in the assessment to Norman and Sally Olson from 177.53 to $100. This would amend the amount of the total assessment roll to 3,041.71. Regular Council Meeting March 5, 1997 Page 19 Mayor Tierney opened the assessment hearing at 10:17 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-161 ADOPTING ASSESSMENTS, 1996 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1, reducing the Olson assessment to $100 as recommended. Motion carried, six ayes (Spigner not present). Item 7-F Assessment for 1996 Weed Eradication, Roll 2 Finance Director Hahn presented the proposed assessments for 1996 Weed Eradication and Destruction, Roll 2. Mayor Tierney opened the public hearing at 10:18 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-162 ADOPTING ASSESSMENTS, 1996 WEED ERADICATION AND DESTRUCTION, ROLL 2. Motion carried, six ayes (Spigner not present). Item 8-A Land Use Guide Plan Amendment (96188) Community Development Director Hurlburt presented the staff report on a proposed Land Use Guide Plan Amendment to reguide a 19.8 acre parcel located in the northwest quadrant of Highway 55 and Dunkirk Lane from C Commercial) and LA -1 (Living Area 1) to LA -2 (Living Area 2). The Planning Commission initiated this amendment to the City's Comprehensive Plan. This is the only site in the City that has a split guiding. About 75 percent of the site (14.85 acres) is currently guided commercial and 25 percent 4.95 acres) is currently guided residential. She said that on November 26, 1996, the Planning Commission held a public hearing on a request by Town and County Homes, Inc., to reguide the northern portion of the Dundee Nursery site to LA -3. This request included a Sketch Plan for a 159 -unit townhome development on the site. The Sketch Plan indicated a gross density of 8.03 units per acre and a net density of 9.23 units per acre. At the November meeting for Town and Country's LA -3 request, the Planning Commission closed the public hearing and voted to table action on the item. Later at that meeting, the commission voted to set a public hearing for January 28, 1997 for a City -initiated reguiding of the site. The Commission also directed staff to conduct further study of the site and provide a recommendation as to whether LA -2 would be a feasible guiding designation. Regular Council Meeting March 5, 1997 Page 20 At the January 28, 1997 Planning Commission meeting, staff recommended an LA -2 guiding. Staff concluded that not only could this site meet all the criteria and guidelines for LA -2 guiding, but also such guiding would be preferable because it would provide a more appropriate transition from the standpoint of density between the abutting single family area to the north and the commercial areas and Highway 55 to the south. At the January 28 meeting, the owner of the subject parcel introduced a split guiding concept whereby the present LA -1 portion would be reguided to LA -2, and the present C area would be reguided to LA -3. The Planning Commission subsequently tabled the issue to February 11. Prior to February 11, the applicant introduced another split guiding concept, whereby a larger area of the site (adjacent to the single family areas to the north and east) would become LA -2, and a smaller area would become LA -3, which would allow for 149 dwelling units. At the February 11 continued public hearing, several residents spoke in favor of reguiding the entire site to LA -2. The owner of the parcel supported reguiding approximately 65 percent of the site adjacent to the single family areas to LA -2, and reguiding the remaining area to LA -3. The Planning Commission voted 4-2 to recommend that the entire 19.8 acre site be reguided to LA -2. Town and Country Homes subsequently withdrew their application to reguide the entire site to LA -3. Town and Country Homes then submitted a new application for a split guiding between LA -3 toward the south and LA -2 to the north. The applicant is seeking to build 118 town homes, and LA -2 would only allow 108 units. This application has not been considered by the Planning Commission. They have subsequently discussed a further reduction to 108 units. Director Hurlburt stated that the City Council has several options: 1) Approve LA -2 guiding for the entire parcel as recommended by the Planning Commission; 2) Take no action and leave the existing split guiding; or 3) Table the issue and wait for the new application from Town and Country Homes to complete the Planning Commission hearing process. She said the Council does not have the option of considering other split guiding options because Town and Country Homes has withdrawn those applications, and their current proposal has not yet gone before the Planning Commission. Community Development Director Hurlburt said one question posed to her is how much could the LA -3 area be reduced and still allow for the 108 dwelling units being proposed by the applicant and whether an average density has previously been done for purposes of the Comprehensive Plan. She could find no precedence where the City had averaged the densities of a site with two different guidings. She said the split guiding would allow more units on the LA -3 portion, but the applicant would have to maintain a maximum density in the LA -3 portion of three to six dwelling units per acre. Regular Council Meeting March 5, 1997 Page 21 Motion was made by Councilmember Wold, seconded by Councilmember Black to suspend the rules and set an adjournment time at completion of the agenda business items. Motion carried, seven ayes. Community Development Director Hurlburt said the area directly to the west is guided commercial. However, it is mostly a wetland area and unlikely to be buildable. It could be used for future wetland mitigation, since development of the parcel is unlikely. Councilmember Preus said the City Council has a high degree of discretion in considering comprehensive plan amendments. He asked if the level of discretion would be changed if a reguiding request is received from the property owner in a few weeks. Community Development Director Hurlburt said the City would retain a high degree of discretion. She distributed a revised resolution, in the event the Council decides to approve an LA -2 guiding. The revised resolution includes the Findings of Fact included in the staff report. Mayor Tierney said she is pleased that the number of units requested has been reduced from an original request of 186 units, to 149 units, and now to 118 units in the pending application. Director Hurlburt introduced Al Block, Town and Country Homes; Mike Gair, McCombs Frank Roos; and Jerry Theis, fee owner of the property. Mike Gair, 15050 23`d Avenue North, requested that the City Council table the Planning Commission recommendation for LA -2 guiding. He said that on February 14, the applicant submitted a land use guide plan amendment request with the intention to create a plan with adequate land use transition. On March 3, the developer met with 12 landowners to discuss the "118 unit plan." The proposal was presented, and ponding was identified on the site. Town and Country Homes would like to submit requests for reguiding, site grading, landscaping, and detailed platting so a complete package can be considered. He said an amendment to the current application will be proposed to describe an LA -1 and LA -2 split, with a maximum of 118 dwelling units. Councilmembers Preus and Johnson noted that not all residents or businesses in the area have had an opportunity to view the most recent proposal. Al Block, 6800 France Avenue South #170, Edina, represented Town and Country Homes. He requested that the issue be tabled and said he would commit to the concept presented to the neighbors. Regular Council Meeting March 5, 1997 Page 22 Councilmember Preus asked whether the applicant could subsequently submit a proposal that could prevent the City from reguiding the site to LA -2, if the issue were tabled tonight. Attorney Knutson advised that the City is the applicant for the LA -2 proposal. If the Council tables the issue tonight, there is no way someone could prevent the Council from taking the issue from the table and acting on it. City Manager Johnson said that if the item is tabled tonight, the commercial guiding on the parcel would remain. He asked if submission of a plan in compliance with that guiding could restrict the City's future consideration. Attorney Knutson said that rights are not vested until construction begins. The Council would not lose discretion by tabling the issue. Alan Napier, 16520 39`h Avenue North, expressed concerns about additional land to the south being changed to LA -3, rather than developed at a lower density. He supports the LA -2 proposal as recommended by the Planning Commission and believes it is compatible with all abutting properties. Area residents have safety concerns about additional traffic that would result from higher density guiding, as well as loss of property values. He said that real estate professionals have advised area residents that their house values could be reduced by as much as 10 percent the first year if conflicting guiding abuts their properties. He asked that the Council also consider the impacts on the schools. Kimberly Lane Elementary School is currently at 80 percent capacity, and greater densities will impact that school. He said that area residents would like resolution to this issue. If changes are needed in the future, then they can be considered. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt a resolution approving land use guide plan amendment for property located in the northwest quadrant of Highway 55 and Dunkirk Lane 96188), reguiding the entire parcel to LA -2, as recommended by the Planning Commission. Councilmember Black said she is uncomfortable taking an action on this request, knowing there will soon be another proposal to consider. She believes that all information should be considered before action is taken, and that there will not be conclusion to the issue this evening. Councilmember Bildsoe said the Council can bring a conclusion to the issue this evening. A decision by the Council would be fair to the developer and the residents. He said the issue tonight is not whether there should be 108 or 118 units, but rather what guiding is an appropriate transition between commercial and LA -1 guided property. Regular Council Meeting March 5, 1997 Page 23 Councilmember Johnson said she believes that this guiding decision and the pending application of the developer should be addressed as separate issues. The Council should act this evening. The most recent proposal from Town and Country Homes has not been considered by the Planning Commission. Paul Weingarden, 16800 41' Avenue North, said the developer is trying to fit a density based on economic necessity into the City's guiding. He said residents want an adequate buffer. He believes that approval of a split guiding proposal for the developer would not be appropriate because it would be based on economic considerations and could be considered spot zoning. He said the City should uphold the integrity of its ordinances and split zoning is not appropriate. Councilmember Black said her concerns are not for the developer at this point, but rather to ensure that the Council does the most appropriate thing for the area to preserve the value of homes. She is not convinced, for example, that the commercial area is not going to create noise problems for the residential area. She wants to select a guiding that will prevent the least amount of problems in the future. She has previously dealt with problems resulting from inappropriate abutting uses. Paul Weingarden said that intensifying the use would not address those concerns. Robert Karon, 16910 41' Avenue North, asked that the Council act on this item this evening. The developer proposed modifications to his proposal at the January Planning Commission meeting, and now again has suggested an amendment. Councilmember Preus concurred with Councilmember Black's belief that even if the Council reguides the parcel, the issue will not be closed. However, he stated that the reguiding initiated by the City and recommended by the Planning Commission, and a reguiding request from the developer along with a development proposal are two separate, distinct issues. The Council should consider the guiding separate of the development proposal. He believes the Planning Commission recommendation is preferable to the existing guiding. If the petitioner submits a better proposal in the future, then the Council can consider a change. Mayor Tierney supported tabling the issue. She is uneasy about taking a reguiding action when the Council is unsure that this is the final action on the issue. Regular Council Meeting March 5, 1997 Page 24 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to call the question. Motion carried, seven ayes. Vote on the motion failed: Bildsoe, Wold, Preus, and Johnson ayes; Spigner, Black, and Tierney nays. Councilmember Preus asked for parliamentary clarification from the City Attorney. Attorney Knutson said that the motion failed because five affirmative votes are needed for passage on this item. A motion to reconsider the item would be needed in order to further consider the recommendation. Motion was made by Mayor Tierney, seconded by Councilmember Wold, to reconsider the motion. Motion carried, six ayes; Spigner nay. Motion was made by Councilmember Preus, seconded by Mayor Tierney, to table the matter until such time as the property owner's reguiding request and development application comes before the Council. Community Development Director Hurlburt said that an application for reguiding has been received and will be considered by the Planning Commission in April. This issue will likely return to the Council in late April or early May. Motion carried: Bildsoe, Black, Spigner, Preus, and Tierney ayes; Wold and Johnson nays. Item 8-11 (6-S) Activity Center Consultant In response to a question by Mayor Tierney, Councilmember Wold reported that the original Youth Sports Task Force and the Activity Center Subcommittee reviewed the needs analysis. The proposed facility remains the same as that envisioned by the Youth Sports Task Force. Motion was made by Mayor Tierney, seconded by Councilmember Black, to adopt RESOLUTION 97-163 AUTHORIZING HIRING OF CONSULTANT FOR ACTIVITY CENTER COST ESTIMATING. Motion carried, seven ayes. Item 8-C (6-0) City Council Photographs Councilmember Wold said he believes that $300 is too much to spend for a City Council photograph project, but he will abide by the will of the Council. Regular Council Meeting March 5, 1997 Page 25 Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to authorize staff to arrange for Council photographs prior to the April 2, 1997 City Council meeting. Motion carried: Spigner, Black, Bildsoe, Johnson, and Tierney ayes; Wold and Preus nays. Item 9-A Appeal of MPRS Law Suit Motion was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 97-164 REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APPEAL. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adjourn the meeting at 11:25 p.m. Motion carried, seven ayes. cel- - Laurie Ahrens City Clerk