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HomeMy WebLinkAboutCity Council Minutes 07-09-1997MINUTES REGULAR COUNCIL MEETING JULY 9,1997 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers, 3400 Plymouth Blvd., on July 9, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Wold, Johnson, Preus, Spigner, and Black. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park Director Blank, City Attorney Knutson, and City Clerk Ahrens Item 3 Plymouth Forum Mark Milberger, 11035 36`h Place North, said that East Medicine Lake Blvd. and Zachary Lane residents have questions about the Zachary Lane construction. He asked when the project is scheduled for construction and why traffic meters have recently been on the roads. Mr. Milberger explained that at a 1994 Council meeting, the City Council amended the Capital Improvement Program to eliminate the Zachary Lane corridor study, to advance Zachary Lane construction by one year, and to mandate that Zachary Lane would remain a two-lane roadway with the addition of trails or sidewalks. Later in that meeting, Manager Johnson clarified that the roadway would be two -lanes for the entire length of Zachary Lane, with turn lanes where warranted. Mr. Milberger said that residents had hoped that turn lanes would be warranted only after inclusion of residents in the planning process. They would like a firm commitment when the northern portion of Zachary Lane will be built as the project has not been advanced. Public Works Director Moore said that the Capital Improvement Program slates the Zachary Lane roadway for 1997-98 construction. The City Council recently designated the consultant for the project, and meetings with neighborhood residents will be held early in September. The consultant will then move forward with project design, with construction beginning in the Spring 1998. Director Moore explained that the Zachary Lane Project was originally divided into two portions from County Road 9 to County Road 10 and from 36`' Avenue to County Road 9. The Council's motion was to advance the second portion of the project so that the entire project would be done at the same time. He explained that the traffic counters are part of the counts conducted every other year on all state -aid streets in the City. As the Zachary Lane project gets underway, more counts may be done. Turn lanes Regular Council Meeting July 9, 1997 Page 2 will be part of the street design and will be discussed at the neighborhood meetings. Councilmember Black asked if preliminary design will be done on the Zachary Lane project before neighborhood meetings are held. Director Moore responded that a meeting will be held with residents prior to the preliminary project design. Councilmember Black observed that the City's notification procedure for street improvements is only to the abutting owners, which is different than for preliminary plats or other Planning issues where the notification area is larger. Public Works Director Moore said that a larger notification area will be done for the upcoming Zachary Lane project. Residents within about'/4 mile of the roadway will be notified. Notification for the East Medicine Lake Blvd. public improvement hearing and information meeting was done only to those property owners proposed to be assessed. Item 4-A Employee Appreciation The City Council recognized employees who responded to the 1997 flood disaster. Item 4-11 Presentation of new Notification Policy Councilmember Johnson said that she had requested the new notification policy be reviewed. The new policy recently adopted by the Council will expand notification areas for major development projects. Community Development Director Hurlburt explained that the City Council adopted a new policy resolution on processing amendments to the Comprehensive Plan. The distance for mailed notices has been increased from 500 to 750 feet. The notice procedures have also been amended so that residents will be advised of upcoming public hearings, as well as when an application is received. Staff is working on additional changes to the Zoning Ordinance in order to increase the notification area for zoning amendments and to make changes on the placement of development signage. Councilmember Johnson said that she had also asked if the City could try to honor the 60 and 120 day statutory time limits for considering certain requests. Community Development Director Hurlburt said there is a requirement in state law that in any zoning application or extension of the urban service area, Regular Council Meeting July 9, 1997 Page 3 the City must act within 60 days or 120 days if extended. This statutory time limit does not apply to Comprehensive Plan amendments. However, the policy signals the City's intent to act on all Comprehensive Plan amendments that affect a particular parcel within 120 days of the amendment being initiated. Mark Milberger, 11035 3Oh Place North, said that his property adjoins 36' Avenue and Zachary Lane. He has received many notifications on issues regarding development of the East Medicine Lake Park, but no notices specifically on construction of the roadway. Item 4-C Volunteer Response to Major Storm Councilmember Bildsoe requested that volunteers responding to the recent major storm be recognized. Public Safety Director Gerdes said that on July 1 there was a significant storm. Fire division and police reserve volunteers were of great assistance with traffic control, and a young girl was rescued from a culvert by a citizen and police response. Item 4-1) Music in Plymouth Park Director Blank reported that the 25`x' Music in Plymouth was a successful event. Mayor Tierney requested that a thank -you letter be sent to the Plymouth Civic League. Item 5 Approve Agenda City Manager Johnson distributed new information on Items 6-E and 6-Q. He also noted that the applicant has requested that Item 6-T be removed from this agenda. Councilmember Black requested the addition of a brief report on issues before the Public Safety Subcommittee. Councilmember Johnson requested the addition of an item regarding the Street Assessment Subcommittee. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the agenda with the addition of items noted above. Motion carried, seven ayes. Regular Council Meeting July 9, 1997 Page 4 Item 6 Consent Agenda Items 6-E and 6-V were removed from the Consent Agenda. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to approve the consent agenda as amended. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to approve minutes of the June 4 Regular Council meeting and the June 18 Regular Council meeting. Motion carried, seven ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-384 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JUNE 27,1997. Motion carried, seven ayes. Item 6-C Customer Service Policy for Permit and License Applications Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-385 RESOLUTION ADOPTING CUSTOMER SERVICE POLICY FOR APPLICANTS FOR PERMITS AND LICENSES." Motion carried, seven ayes. Item 6-1) M. A. Mortenson Company. Variance for Monument Sign Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-386 APPROVING VARIANCE FROM MAXIMUM SIGN AREA FOR M. A. MORTENSON COMPANY FOR WAYZATA HIGH SCHOOL AND ELM CREEK PLAYFIELDS LOCATED AT 4955 PEONY LANE NORTH (97049). Motion carried, seven ayes. Item 6-F Mason, Edelman, Borman & Brand. Lot Division (97076) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-387 LOT DIVISION/ CONSOLIDATION FOR PROPERTIES AT 5950 COUNTY ROAD 101 AND 6000 COUNTY ROAD 101 (97076). Motion carried, seven ayes. Regular Council Meeting July 9, 1997 Page 5 Item 6-G Carlson Parkway Holiday Stationstore Licenses Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-388 APPROVING 1997 TOBACCO LICENSE FOR CARLSON PARKWAY HOLIDAY STATIONSTORE 561. Motion carried, seven ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-389 APPROVING GASOLINE SERVICE STATION LICENSE FOR H. I. ENTERPRISES, INC. D/B/A CARLSON PARKWAY HOLIDAY STATIONSTORE #561,189 CHESHIRE LANE. Motion carried, seven ayes. . Item 6-H Establish 1998 Budget Study Sessions Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to establish August 7 at 7:00 p.m., August 20 at 5:00 p.m., and August 27 at 7:00 p.m. as Special City Council Meetings for the purpose of reviewing the proposed 1998 budget. Motion carried, seven ayes. Item 6-I Lundgren Bros. Construction, Inc. Lot Division for Savannah Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-390 APPROVING LOT DIVISION/LOT CONSOLIDATION FOR LUNDGREN BROS. CONSTRUCTION, INC. FOR PROPERTY LOCATED AT LOTS 11 AND 12, BLOCK 1, SAVANNAH (97075). Motion carried, seven ayes. Item 64 Moen Leuer, Amendment for The Courts at Nanterre (96023-F) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-391 AMENDING RESOLUTION 96- 560 AND DEVELOPMENT CONTRACT 96023 FOR "THE COURTS AT NANTERRE", REVISING THE ALLOWABLE CONSTRUCTION MATERIALS FOR THE PRIVATE DRIVES TO INCLUDE DECORATIVE TEXTURED ASPHALT (96023-F). Motion carried, seven ayes. Item 6-K Safe and Sober Grant Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-392 AUTHORIZING EXECUTION OF AGREEMENT for Safe and Sober Communities grant. Motion carried, seven ayes. Regular Council Meeting July 9, 1997 Page 6 Item 6-L Recommendations of the Subcommittee on Community Policing Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to approve the recommendations of the Subcommittee on Community Policing, to authorize the name change to Subcommittee on Public Safety, and to approve the Mission Statement, subcommittee make-up, and selection process. Motion carried, seven ayes. Item 6-M Appointment to Human Rights Commission Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-393 APPOINTMENT TO HUMAN RIGHTS COMMISSION. Motion carried, seven ayes. Item 6-N Cheryl Wolf. Privacy Fence at 4290 Jewel Lane North (97074) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-394 APPROVING FENCE HEIGHT VARIANCE FOR CHERYL DEWOLF FOR PROPERTY LOCATED AT 4290 JEWEL LANE NORTH (97074). Motion carried, seven ayes. Item 6-0 Beautiful Savior Lutheran Church (97061) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-395 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR BEAUTIFUL SAVIOR LUTHERAN CHURCH FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF I-494 AND SCHMIDT LAKE ROAD 97061). Motion carried, seven ayes. Item 6-P Application for local Planning Assistance Grant Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-396 AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR A LOCAL PLANNING ASSISTANCE GRANT. Motion carried, seven ayes. Item 6-Q West Medicine Lake Park Grading Contracts Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-397 AWARDING BID FOR WEST MEDICINE LAKE PARK PHASE 3. Motion carried, seven ayes. Item 6-R Ice Center Change Orders Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-398 APPROVING CHANGE ORDERS FOR THE ICE CENTER PROJECT 541. Motion carried, seven ayes. Regular Council Meeting July 9, 1997 Page 7 Item 6-S Modifications to Tax Increment Plans Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-399 AUTHORIZING THE PREPARATION OF AN AMENDMENT TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 7 AND TO THE TAX INCREMENT FINANCING PLANS FOR VARIOUS TAX INCREMENT DISTRICTS INCLUDED WITHIN THE DEVELOPMENT DISTRICT AND CALLING FOR A PUBLIC HEARING THEREON. Motion carried, seven ayes. Item 6-U Outdoor Sales of Christmas Trees Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to direct staff to incorporate changes accommodating the outdoor sales of Christmas trees in upcoming amendments to the Zoning Ordinance. Motion carried, seven ayes. Item 6-W Plymouth Creek Christian Church (97030) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-400 APPROVING CONDITIONAL USE PERMIT AMENDMENT AND SITE PLAN AMENDMENT FOR PLYMOUTH CREEK CHRISTIAN CHURCH FOR PROPERTY LOCATED AT 16000 41ST AVENUE NORTH (97030). Motion carried, seven ayes. Item 6-X Progress Casting Group, Inc. (97060) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-401 APPROVING AN INTERIM USE PERMIT FOR PROGRESS CASTING GROUP, INC. FOR A REDUCTION OF REQUIRED PARKING STALLS LOCATED AT 2600 NIAGARA LANE NORTH (97060). Motion carried, seven ayes. Item 6-Y Amoco Oil Company (97064) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-402 APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR AMOCO OIL COMPANY FOR PROPERTY LOCATED SOUTH OF COUNTY ROAD 9 AND WEST OF VINEWOOD LANE (97064). Motion carried, seven ayes. Regular Council Meeting July 9, 1997 Page 8 Item 6-Z EMI, Inc. Lot Division at 13306 6t' Avenue North (97050) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-403 APPROVAL OF LOT DIVISION FOR EMI, INC. TO CREATE TWO LOTS FROM LOT 4, BLOCK 1, CARLSON COMPANIES 2ND ADDITION (97050). Motion carried, seven ayes. Item 6 -AA MPRS Cooperative Affirmative Action Program Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-404 AUTHORIZING AND APPROVING PARTICIPATION IN COOPERATIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM. Motion carried, seven ayes. Item 6 -BB Reduction in Required Financial Guarantee Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-405 REDUCING REQUIRED FINANCIAL GUARANTEE, PLYMOUTH TECHNOLOGY PARK 91031). Motion carried, seven ayes. Item 6 -CC Payment No. 13 and Final, Northwest Boulevard/Schmidt Lake Road Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-406 REQUEST FOR PAYMENT NO. 13 AND FINAL, NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD, CITY PROJECT NO. 0011. Motion carried, seven ayes. Item 6 -DD Award Contract for 1997 Seat Coat Program Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-407 RESOLUTION AWARDING BID, 1997 SEAL COAT PROGRAM. Motion carried, seven ayes. Item 6 -EE "No Parking" Sign Installation Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-408 AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON ZACHARY LANE/E. MEDICINE LAKE BLVD. BETWEEN 36TH AVE. N. AND 18TH AVE. N., CITY PROJECT NO. 7006. Motion carried, seven ayes. Regular Council Meeting July 9, 1997 Page 9 Item 6 -FF Street and Utility Improvements, City Project No. 7005 Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-409 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, SCHMIDT LAKE ROAD STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 7005. Motion carried, seven ayes. Item 6 -GG Payments on 1995 Street Reconstruction Project, City Project No. 501 Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 97-410 REQUEST FOR PAYMENT NO. 8 AND FINAL, 1995 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 501. Motion carried, seven ayes. Item 7-A Vacation of Drainage and Utility Easements Public Works Director Moore presented the staff report on the request for vacation of drainage and utility easements in Lot 1, Block 1, Parkers Lake Corporate Center, 7"' Addition, and Outlot B, Parkers Lake Corporate Center, 3rd Addition. Mayor Tierney opened the public hearing at 7:35 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-411 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS IN OUTLOT B, PARKERS LAKE CORPORATE CENTER 3RD ADDITION, RESOLUTION 97-412 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENT IN LOT 1, BLOCK 1, PARKERS LAKE CORPORATE CENTER 7TH ADDITION, and RESOLUTION 97-413 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 97-411 AND RESOLUTION NO. 97-412 VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 1, BLOCK 1, PARKERS LAKE CORPORATE CENTER 7TH ADDITION AND OUTLOT B, PARKERS LAKE CORPORATE CENTER 3RDADDITION. Motion carried, seven ayes. Item 7-B Vacation of 18" Avenue Street Right -of -Way Public Works Director Moore presented the staff report on the proposed vacation of 18`" Avenue street right-of-way from Evergreen Lane to new West Medicine Lake Drive. Regular Council Meeting July 9, 1997 Page 10 Mayor Tierney opened the public hearing at 7:37 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-414 AUTHORIZING THE VACATION OF A PORTION OF 18TH AVENUE STREET RIGHT-OF- WAY WEST MEDICINE LAKE PARK RECONSTRUCTION, CITY PROJECT NO. 3030. Motion carried, seven ayes. Item 7-C Public Improvement Hearing, Town Center/Mann Theater Public Works Director Moore presented the staff report on the public improvement hearing for the Town Center/Mann. Theater Storm Drainage Improvements, Project 7011. Councilmember Bildsoe asked about the construction time frame. Public Works Director Moore said that construction could begin by early fall, with completion by winter. In response to questions by Councilmember Black, Director Moore said that water quality treatment will be provided by a multi -cell pond/wetland complex located between Plymouth Blvd. and Highway 55. Storm water will be conveyed to the site by the existing storm sewer system in Plymouth Blvd. and a system to be constructed along the north side of Highway 55. The area currently drains to the site of the proposed water quality treatment system. The water will eventually flow to Plymouth Creek which is a tributary to Medicine Lake. In response to a question by Councilmember Bildsoe, Director Moore verified that the storm water will not impact the Cavanaugh Addition. Mayor Tierney said that this site was envisioned as a statement at the entrance of the City Center development. She asked how design elements will be incorporated into the project. Director Moore responded that the current design is to provide the required water quality treatment; however, in the future the site will be used as a natural wetland/grasses area. The design does not preclude the addition of a fountain or trails on the site in the future. Mayor Tierney opened the public hearing at 7:48 p.m. No one appeared, and the hearing was closed. Regular Council Meeting July 9, 1997 Page 11 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-415 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, TOWN CENTER/MANN THEATER STORM DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 7011. Motion carried, seven ayes. Item 7-D Assessment Hearing on Cimarron East Street Reconstruction Public Works Director Moore presented the staff report on the assessment hearing on the Cimarron East Street Reconstruction, Project 7002. In response to a question from Councilmember Wold, Director Moore said that no written objections to the assessment have been received. Mayor Tierney opened the public hearing at 7:54 p.m. Harold Theiste, 15035 18r' Avenue North, President of the Cimarron East Homeowner Association, said this project encompasses 184 home sites. Eighty-three percent of the affected property owners approve of the proposed project. Ten percent of the residents did not respond, with seven percent opposed to the project. Mr. Theiste said this shows there is strong support for the project. Mayor Tierney closed the hearing. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 97-416 ADOPTING ASSESSMENTS, CITY PROJECT NO. 7002, CIMARRON EAST STREET RECONSTRUCTION. Councilmember Preus asked if anyone in the audience wishes to file a written objection to the assessment. No one responded. Councilmember Wold explained that a subcommittee was established about two years ago to work on the issue of converting private streets to public streets. The streets in Cimarron East were private streets and were not constructed to City standards. The assessments reflect the cost of improvements to bring the private streets up to the public street standard -- not the cost of reconstructing a public street. In response to a question by Councilmember Black, Director Moore explained that these streets would be considered under the City's street reconstruction policy the next time reconstruction is needed. Regular Council Meeting July 9, 1997 Page 12 Councilmember Spigner asked if the public hearing should be extended for an additional time in order to provide an opportunity for appeals. Director Moore explained that residents received notice of the hearing and the required appeal process about two weeks ago. In order to preserve the right to appeal an assessment, residents had to submit a written objection before or at the public hearing. Motion carried, seven ayes. Motion was made by Councilmember Wold, seconded by Councilmember Black, to adopt RESOLUTION 97-417 AWARD CONTRACT, CIMARRON EAST STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 7002, and RESOLUTION 97-418 AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT AND ACCEPTANCE OF CERTAIN PRIVATE STREETS AND UTILITIES INTO THE CITY SYSTEM, CITY PROJECT NO. 7002. Motion carried, seven ayes. Item 7-E Public Improvement Hearing on East Medicine Lake Blvd. Public Works Director Moore presented the staff report on the public improvement hearing for East Medicine Lake Blvd., street and trail improvements, Project 7006. He said this project would not impact the Zachary Lane construction. A center turn lane is proposed into Armstrong High School. Councilmember Black asked if there have been accidents or if there is other justification for the center turn lane. Public Works Director Moore said that a separate left -turn lane is needed into the school for safety reasons and due to the volume of school bus traffic. The roadway will be made only four feet wider at this location, and the roadway has already been widened to a three lane width near the intersection of 36`' Avenue. Councilmember Spigner asked if the regional trail project and this proposed street project must jointly proceed, or whether one could be constructed without the other. Public Works Director Moore said the street improvements could be done independently of the trail project. The City initiated the Street Reconstruction project in 1986, but the project was delayed because the Park District did not have funding to proceed with the trail project at that time. The Park District Regular Council Meeting July 9, 1997 Page 13 now has the funding and has acquired the right-of-way needed to construct the trail. All plans have been designed as one project, and the trail in this area is immediately adjacent to the curb. If the City does not do the street improvements, it would be more difficult for the Park District to construct the trail. It was decided in the 1986 meetings that the improved roadway should not move toward the properties on the east side of the roadway. All property should be taken from the properties on the westerly side of the roadway. The Park District has nearly completed acquisition of property necessary for the construction of a two-mile trail in Plymouth. Director Moore said that even if the trail were not involved, the road improvements would be recommended. The break up of the roadway necessitates reconstruction. Councilmember Johnson noted that the improvements will also result in significant storm water treatment before water flows into Medicine Lake. Councilmember Bildsoe asked if improvements will be recommended to Medicine Lake Road south of 30`' Avenue in conjunction with making it a one-way roadway. Director Moore responded that the existing roadway will be narrowed in that area and curbing will be installed to separate the trail from the roadway. The one-way roadway will be overlaid with asphalt, but no reconstruction is proposed. Councilmember Spigner asked how the proposed East Medicine Lake Blvd. project will improve the homeowners' properties. Director Moore said the open ditch along their properties will be eliminated and a reconstructed street with an estimated 20 -year life will be installed. The existing street has problems with break-up, and it is the only access to the benefiting properties. Councilmember Johnson asked if there have been any assessments levied in the past for street improvements in this area. Director Moore said that these properties have received no direct assessment for street improvements. There was a previous assessment for sanitary sewer, watermain, and street restoration improvements. This project is proposed to be assessed under the City's Street Reconstruction Policy. The alternative would be to assess 100 percent of the cost to the benefiting properties. Mayor Tierney opened the public improvement hearing. Regular Council Meeting July 9, 1997 Page 14 Wallace Charles, 3150 East Medicine Lake Blvd., asked why property owners must pay for improvements that they did not initiate. He said this street is heavily used by the general public, particularly during the morning rush hour, and the assessments to the abutting residents should reflect that. Mr. Charles asked when the City paid for the right-of-way on this street. Paul Molnau, 3190 East Medicine Lake Blvd., said he has lived in this area for 40 years. He understands the need for the street improvement and supported the project delay in 1986 until the County was ready to proceed with the trail improvement. Mr. Molnau said that the cost of the improvements should not be assessed to the abutting property owners because the street has heavy general public use. Some of the proposed assessments are as much as 14,000, and he believes the cost is excessive. He questioned whether the new trail system will increase or decrease his property value. Linda Abendroth, 3560 East Medicine Lake Blvd., objected to the project. She believes that a three -lane roadway abutting her property will increase traffic and result in a decrease in her property value. Norbert Herby, 3430 East Medicine Lake Blvd., said that the trail could be built without the street improvements. He said the street widening was rejected by a prior City Council when they voted that Zachary Lane and East Medicine Lake Blvd. should be left at their existing widths. Mr. Herby said that this is a rural setting and the residents of the Mission area believe this project has very little value. Ditches, creeks, and holding ponds currently exist to handle the water quality issues. Mr. Herby said that when the high school was constructed in 1970, the fire road was to be used only for fire emergency vehicles and for the teachers parking lot as a secondary use. He believes that the center turn lane has no merit and that the drainage plan will not work. The homeowners are opposed to the installation of curb and gutter. Deanna McCormick represented the Charles' property at 3150 E. Medicine Lake Blvd. She objected to the proposed 54 inch high, black vinyl fence on the retaining wall and requested that a more aesthetically pleasing fence be considered. She said that the County has agreed to allow a parking area to remain on this property, and she requested that access to the lakefront from this property remain accessible and that a curbcut or drive -over curb be installed. She said that the traffic flow is increasing around the lake. She suggested that the completion of the frontage road along Highway 169 between Medicine Ridge Road and 36`h Avenue North could be considered to handle some of the traffic. Regular Council Meeting July 9, 1997 Page 15 Mark Milberger, 11035 36'h Place North, said that he is not directly affected by this project, but believes he should have been part of the notification process for this project. He does not believe that turn -lanes are necessary and said it is the school's responsibility to handle the buses, teacher parking, and student traffic and parking. He believes that there are alternatives in order to get this street constructed in 1997. The roadway could be constructed only from 30`h Avenue to 34' Avenue, with design of the remainder of the roadway for 1998 construction. The trail construction could be done this year, with the street project scheduled for next year; or, the turn lanes could be deleted from the project. Ann Mueting, 10920 32°d Avenue North, objected to the project. Following notification of the public hearing, she received a notice that her proposed assessment would be less than originally estimated. She believes that there are alternatives to lessen the cost of the project. She asked why the trail needs to be 12 feet wide and said that the large area between the trail and the street will result in a loss of trees. She opposes the proposed black chain link fence and believes that the project will cause a reduction in property values. The assessments should reflect that this road is significantly used during rush hour as a by-pass to Highway 169. Public Works Director Moore said that the streets in this project are classified as major collectors because of the land uses that are served. City Manager Johnson added that although these are collector streets, the proposed 32 foot width is the same as other residential streets in Plymouth. There is no extra assessment for the turn lane. The assessments are based on a typical 32 foot wide City street. In response to a question by Councilmember Wold, Director Moore said that the proposed 70 percent City/30 percent assessment cost allocation is based on the entire Street Reconstruction Program -- not on this specific project. The additional width and turn lane is a separate City cost and will not be included in that calculation. He said that the fencing is part of the trail project. Barry Warner, SRF Consulting Group, explained that the fencing relates to user safety and liability. It is tied to the funding source, which in this case is the Metropolitan Council trail fund. A three rail, cedar fence is proposed where the retaining walls are less than three feet. Where the retaining walls are greater than three feet, a 54" fence is needed to meet national standards. The black vinyl fencing is believed to be the best aesthetic alternative and will require the least maintenance of the options considered. Mr. Warner said that 12 feet is the standard width for all Metropolitan Council regional trails. This width is needed to serve the number and types of trail users (bicyclists, in-line Regular Council Meeting July 9, 1997 Page 16 skaters, pedestrians). The number of users will increase as the trail system is extended north to Maple Grove and south to Golden Valley. He explained that the trail project has been underway for 20 months, and three public information meetings have been held. Tree removal will be minimized. He said that the roadway or the trail could be built independently, but it doesn't make financial sense to do so. Councilmember Bildsoe asked about the water quality issues. Public Works Director Moore responded that this project is designed to meet the treatment standards required of all development in the City of Plymouth. City Manager Johnson said that the City is consistent in requiring curb and gutter on new roadways in order to ensure adequate drainage and to protect the City's investment in the roadway. Councilmember Bildsoe asked about the traffic projections. Director Moore said that about 8,000 vehicles per day are projected in 20 years on this portion of East Medicine Lake Blvd., and Zachary Lane, continuing to 26`h Avenue and then to Highway 169. The current count is approximately 5,500 vehicles per day. Councilmember Bildsoe observed that when this trail and street project is completed, more people will utilize this area and traffic will increase. He asked if the projections include the proposed uses in this area, including the new park. Director Moore said that the traffic projections are based on land use in the area. All existing and proposed land uses are considered in the traffic projections. Councilmember Bildsoe asked if the traffic engineer recommended the turn - lane abutting Armstrong High School. Director Moore said the turn -lane is recommended by the traffic engineer to ensure safety of school buses turning into the school. Mayor Tierney asked if there is a similar turn -lane at 36`h Avenue. Director Moore said that there is not an existing turn lane on 36`' Avenue; however, the street is wide enough that a turn lane could be marked. Regular Council Meeting July 9, 1997 Page 17 Councilmember Black said that some of the residents feel that the ditches provide more protection to the lake than the ponds that are proposed under the project. It is true that grass strips can be used as a filter to remove pollutants. However, the greater the grade, the larger the grass strip that is needed in order to be effective. She hopes that water quality will be enhanced under this plan. Director Moore said that the existing filtering is not great because of the steep 3 to 7 percent grade along this roadway. The water currently flows very fast and there is little filtering of water running to the lake. Mayor Tierney said that the installation of concrete curb and gutter and the addition of holding ponds will improve water quality, which is important to Medicine Lake. Councilmember Black asked about the City's street width standards, noting that 28 -foot street widths have been allowed under certain conditions. Community Development Director Hurlburt said that a 28 -foot street width has been allowed on cul-de-sacs or on through streets with 20 or fewer houses, which equates to 200 average daily trips. Public Works Director Moore said that since this street is a major collector with a high volume of projected traffic, a minimum 32 -foot width is recommended. He anticipated that bike lanes will need to be marked on the street as the volume of bike traffic increases in this area in the future. In response to a question by Mayor Tierney, Director Moore said that these types of assessments are typically spread over a minimum 10 year period with interest. With respect to notification, he said there were estimated assessments during the discussions in 1986. The proposed roadway project has been discussed at several public meetings on the trail project. The purpose of this hearing is to address only the properties that have proposed assessments under the project. Councilmember Johnson asked if the school will be assessed for this project and how residents' curbcut requests will be handled. Director Moore said that the school is proposed to be assessed for this project. He noted that roads have to be built to accommodate various land uses. The trail plan anticipates curbcuts at various points along the street. A resident can contact either the City or the Park District with a specific curbcut request. Regular Council Meeting July 9, 1997 Page 18 Mark Milberger asked if only the abutting property owners will be notified when the Zachary Lane construction is considered. He received no notification of this proposed street project, but did receive notices of the park project. He believes that a 32 -foot roadway is adequate, and he is not aware of excessive accidents in the area. He said that if the school widened the driveway entrance, prohibited students from driving to school, or monitored bus parking, the turn lane may not be necessary. Councilmember Spigner asked if the timing of the project would be impacted if this public hearing were continued to an August Council meeting in order to allow time to work with residents on issues of concern. Director Moore said that the project timing would not be impacted if the public hearing were tabled, as long as the bidding process proceeds. If the entire process were tabled until August, work could not get underway this fall. Councilmember Spigner said that she believes there is a need for the project. However, residents' concerns about assessments and the turn lane should be discussed further. Councilmember Johnson said that the assessment hearing will be held at a later date, by which time the Street Reconstruction Assessment Subcommittee could review the policies for reconstruction. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to close the public hearing. Councilmember Spigner objected to closing the public hearing because audience members may still wish to speak on the issue. Councilmember Wold said the City Council has been discussing this issue for 1 hour and 45 minutes, which is an extraordinary amount of time for the City Council to discuss one item. He believes that the Council has the information necessary to make a decision. Councilmember Johnson encouraged interested residents to attend the upcoming meeting of the Street Assessment Subcommittee where the assessment policy will be discussed. Motion carried, six ayes; Spigner nay. Mayor Tierney declared the public hearing closed. Regular Council Meeting July 9, 1997 Page 19 Motion was made by Councilmember Wold, seconded by Mayor Tierney, to adopt RESOLUTION 97-419 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, EAST MEDICINE LAKE BOULEVARD STREET AND TRAIL, CITY PROJECT NO. 7006; and RESOLUTION 97-420 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, EAST MEDICINE LAKE BOULEVARD STREET AND TRAIL IMPROVEMENTS, CITY PROJECT NO. 7006. Councilmember Preus asked about the effect of proceeding with the advertisement of bids, but tabling the motion to order the improvement to the August 6 meeting so that further discussions can be held with residents. Public Works Director Moore responded that if the project were radically redesigned, new plans and specifications would be needed and the bidding process delayed. He said that elimination of the turn lane would not necessitate new bids. Councilmember Johnson asked if the assessment amounts would change if the turn lane is eliminated from the project. Director Moore responded that residents are not being assessed for the turn lane. Vote on the motion: Bildsoe, Wold, Johnson, and Tierney ayes; Preus, Spigner, and Black nays. Mayor Tierney noted that six affirmative votes were needed for the resolution ordering the improvements, therefore, the motion failed. City Attorney Knutson said that because there was a public hearing tonight, reconsideration of the issue can only be done at this meeting. It is unlike other situations where reconsideration can occur at the next meeting. He said that since the motion to order the improvement failed, the City cannot assess any portion of the project through special assessments. A motion to reconsider the project could be made. Motion was made by Councilmember Preus, seconded by Mayor Tierney, to reconsider the first resolution on ordering the improvements. Regular Council Meeting July 9, 1997 Page 20 Councilmember Preus said that he voted against the resolution because he believes that more involvement is needed with the affected residents during the next month. He supports moving forward with the bidding process. Councilmember Preus noted that the time is 10:00 p.m. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to extend the adjournment time to 10:20 p.m. Motion carried, seven ayes. Motion was made by Councilmember Wold, seconded by Councilmember Black, to call the question. Motion carried, seven ayes. Motion to reconsider carried, six ayes; Spigner nay. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to table the item to August 6. Motion to table failed: Preus, Spigner, Black ayes; Bildsoe, Wold, Johnson, Tierney nays. City Attorney Knutson said that the motion to order the project is now before the Council. Manager Johnson said that if the project is ordered, it would not preclude discussion or review of project design. Councilmember Preus said that he will vote for the project with the understanding that residents' input will be considered and that there may be modifications in the project design. Councilmember Black stated that she will also support the project. It was not her intent to prevent assessment of the project. She did not want the project to move forward without additional resident input on project design and assessments. Councilmember Spigner said she will also support the project. She wants citizen input to be heard with respect to project design. Motion carried, seven ayes. Manager Johnson asked for clarification on whether the resolution approving plans and specifications and ordering advertisement for bids was previously adopted. Mayor Tierney ruled that the resolution was not adopted. Regular Council Meeting July 9, 1997 Page 21. Motion was made by Councilmember Preus, seconded by Councilmember Black, to reconsider the resolution approving plans and specifications and advertising for bids. Motion carried, seven ayes. Attorney Knutson said the motion to approve plans and specifications and order advertisement for bids is on the floor. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to direct staff to organize and coordinate a meeting with all interested residents concerning this project and attempt to hold the meeting as soon as possible. Motion carried, seven ayes. Park Director Blank said that this improvement project was started by the City Council and eventually involved the Park District. The City notified 1,200 homes of an initial general meeting and 190 residents were in attendance. Ninety-five percent of the residents at the initial meeting supported the proposed project and two additional meetings were held. Documents showing the detailed road drawings were presented at each of these meetings. Over the past year, there have been many opportunities for residents to participate in the planning process. Only those residents proposed to be assessed would legally receive notice of tonight's hearing. There is tremendous community support for this project and the process has had significant resident input. Item 8-A Stop Signs on Valley Forge Lane Public Works Director Moore presented the staff report on the request of the neighborhood for an additional all -way stop sign on Valley Forge Lane at 48`' Avenue. He said that in May of 1996, the 85`h percentile speed at this location was 31.9 mph. Two weeks ago, the 85`h percentile speed was monitored at 29 mph. The distance between the intersections is 700 feet, and staff recommends denial of the request. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to adopt RESOLUTION 97-421 INSTALLATION OF "ALL -WAY" STOP SIGNS. Motion carried, six ayes; Councilmember Preus nay. Item 8-11 Site Plan Amendment for Trash Enclosures at Plymouth Ponds Development (97029) Motion was made by Councilmember Preus, seconded by Mayor Tierney, to approve the site plan amendment for Plymouth Ponds Development (97029). Regular Council Meeting July 9, 1997 Page 22 It was noted that the 10:20 p.m. adjournment time established earlier in the meeting would be reached in two minutes. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to extend the adjournment time to 10:30 p.m. Motion failed: Johnson, Spigner, Tierney ayes; Bildsoe, Wold, Preus, and Black nays. Councilmember Spigner said that after speaking with the affected tenants, she is very upset with the developer. The tenants indicated that they were never informed of the trash enclosure restriction, and one tenant noted plans to install another loading dock door. Councilmember Johnson agreed with Councilmember Spigner's comments and added that she would like this meeting continued to complete the remaining business on the agenda, rather than continually tabling issues to future agendas. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to call the question. Councilmember Spigner raised a point of order. She noted that the time is 10:21 p.m. and that the meeting is officially adjourned. Mayor Tierney ruled that there is a motion before the Council. Motion to call the question failed: Preus and Tierney ayes; Bildsoe, Wold, Johnson, Spigner, and Black nays. Community Development Director Hurlburt said that this item must be acted on tonight by the Council or it will be approved under statutory requirements. Mayor Tierney declared the meeting adjourned at 10:23 p.m. lLz c Laurie Ahrens City Clerk