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HomeMy WebLinkAboutCity Council Minutes 04-04-1995MINUTES REGULAR COUNCIL MEETING APRIL 4, 1995 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on April 4, 1995. PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Helliwell, Granath. Councilmember Anderson arrived at 7:10 p.m. ABSENT: Councilmember Edson. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park Director Blank, Assistant City Engineer Sweeney, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 FORUM No one appeared for the Forum. ITEM 4-A OATHS OF OFFICE - POLICE OFFICERS Public Safety Director Gerdes introduced police officers Lisa Hensley and Robert Vetscher. Clerk Ahrens administered the oaths of office. Councilmember Anderson arrived at 7:10 p.m. ITEM 4-B CHELSEA WOODS HOMEOWNERS ASSOCIATION Mayor Tierney recognized Chelsea Woods being named Top Medium Size Community Association in Minnesota. Tom Severinghaus and Chuck Schrader received the award on behalf of the association. ITEM 4-C HENNEPIN COUNTY COMMISSIONER PENNY STEELE Penny Steele, Hennepin County Commission, offered her assistance to the Plymouth Council and residents. Regular Council Meeting April 4, 1995 Page 2 ITEM 4-D GREEN LAWNS, BLUE WATER - WATER QUALITY TASK FORCE Manager Johnson stated that the Water Quality Task Force has developed a video on water quality and lawn care tips entitled, "Green Lawns, Blue Water." The video was shown. ITEM 5 APPROVE AGENDA Mayor Tierney requested that several items from the Council Information Memorandum be added at the end of the agenda for discussion: update on legislative issues, upcoming meetings, railroad correspondence, and update on the Sensible Land Use Coalition meeting. Manager Johnson noted there was an addition to Item 6-C relating to polling locations. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to approve the agenda as amended. Motion carried, six ayes. ITEM 6 CONSENT AGENDA Items 6-D, 6-Q, and 6-U were removed from the Consent Agenda. Manager Johnson also noted a technical change on the resolution for Item 6-E. The change was incorporated in the draft resolution, and it remained on the Consent Agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to approve the Consent Agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to approve the minutes of the March 13 and March 21 special meetings. Motion carried, six ayes. Regular Council Meeting April 4, 1995 Page 3 ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-220 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MARCH 24, 1995. Motion carried, six ayes. ITEM 6-C CHANGE POLLING LOCATIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-221 DESIGNATING PEACE LUTHERAN CHURCH AS THE POLLING LOCATION FOR PLYMOUTH PRECINCT 2. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-222 DESIGNATING PARKERS LAKE BAPTIST CHURCH AS THE POLLING LOCATION FOR PLYMOUTH PRECINCT 7. Motion carried, six ayes. ITEM 6-E AMENDMENT TO TRAVEL POLICY MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-223 AMENDING THE CITY OF PLYMOUTH TRAVEL POLICY. Motion carried, six ayes. ITEM 6-F AWARD OF BID FOR PLAY STRUCTURES FOR PARKS MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-224 AWARDING CONTRACT FOR TIMBER SHORES NEIGHBORHOOD PARK. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-225 AWARDING CONTRACT FOR SCHMIDT LAKE NEIGHBORHOOD PARK. Regular Council Meeting April 4, 1995 Page 4 Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-226 AWARDING CONTRACT FOR MISSION HILLS NEIGHBORHOOD PARK. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-227 AWARDING CONTRACT FOR WOOD FIBER SURFACING. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-228 AWARDING CONTRACT FOR SYNTHETIC SURFACING. Motion carried, six ayes. ITEM 6-G PARK IMPROVEMENTS FOR PARKERS LAKE BEACH AND PLAYFIELD, AND PLYMOUTH CREEK PLAYFIELD MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-229 APPROVING FACILITY ENHANCEMENTS AT PARKERS LAKE PARK, PARKERS LAKE PLAYFIELD AND PLYMOUTH CREEK PARK. Motion carried, six ayes. ITEM 6-H RESOLUTION SUPPORTING EAST MEDICINE LAKE REGIONAL TRAIL PROJECT MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-230 SUPPORTING THE EAST MEDICINE LAKE REGIONAL TRAIL AND AUTHORIZING CONDEMNATION. Motion carried, six ayes. Regular Council Meeting April 4, 1995 Page 5 ITEM 6-I SET HEARING ON VACATION IN HARBOR PLACE ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-231 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF HARBOR PLACE STREET RIGHT-OF-WAY. Motion carried, six ayes. ITEM 6-J SET HEARING ON VACATION IN BASS CREEK BUSINESS PARK ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-232 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOTS 1 AND 2, BLOCK 2, BASS CREEK BUSINESS PARK ADDITION. Motion carried, six ayes. ITEM 6-K DEVELOPMENT CONTRACT BOND REDUCTION MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-233 REDUCING REQUIRED FINANCIAL GUARANTEE, BASS LAKE PLAZA ADDITION (A-449). Motion carried, six ayes. ITEM 6-L APPROVE METROLINK AND DIAL -A -RIDE CONTRACT MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-234 APPROVING OF A CONTRACT WITH NATIONAL SCHOOL BUS SERVICES, INC., FOR PLYMOUTH METROLINK AND DIAL -A -RIDE SERVICES. Motion carried, six ayes. ITEM 6-M CHANGE ORDER NO. 1, PROJECT NO. 310 MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-235 APPROVING CHANGE ORDER NO. 1, FUTURE COUNTY ROAD 9, CITY PROJECT NO. 310. Regular Council Meeting April 4, 1995 Page 6 Motion carried, six ayes. ITEM 6-N SET PUBLIC IMPROVEMENT HEARING ON PROJECT 310 MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-236 CALLING FOR HEARING ON IMPROVEMENTS, 1995 STREET RECONSTRUCTION PROGRAM ADDITION OF PROPERTIES) CITY PROJECT NO. 501. Motion carried, six ayes. ITEM 6-0 APPROVE STOP SIGN INSTALLATIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-237 INSTALLATION OF STOP SIGNS. Motion carried, six ayes. ITEM 6-P MINNESOTA PUMP AND SUPPLY. INC.. (95012) MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-238 APPROVING SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCE FOR MINNESOTA PUMP AND SUPPLY FOR PROPERTY LOCATED AT 14430 -21ST AVENUE NORTH (95012). Motion carried, six ayes. ITEM 6-R HAINES/BUZZELLE. LOT DIVISION/CONSOLIDATION (95010) MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-239 APPROVING LOT DIVISION/CONSOLIDATION AND VARIANCES FOR HAINES AND BUZZELLE (95010). Motion carried, six ayes. Regular Council Meeting April 4, 1995 Page 7 ITEM 6-S SUNSET HOMES. RELEASE OF TREE PRESERVATION GUARANTEE (94106) MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-240 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR SUNSET HOMES FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RANCHVIEW LANE AND 28TH AVENUE NORTH (94106). Motion carried, six ayes. ITEM 6-T APPROVE BUILDING CODE AMENDMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt ORDINANCE 95-20 AMENDING CHAPTER 4, BUILDING, HOUSING, AND CONSTRUCTION REGULATIONS, OF THE PLYMOUTH CITY CODE SECTION 400, BUILDING CODE. Motion carried, six ayes. ITEM 6-V CHANGE IN OPEN SPACE AND TRAIL BOND REFERENDUM QUESTION MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-241 APPROVE CHANGE IN LANGUAGE TO OPEN SPACE AND TRAIL IMPROVEMENT BOND REFERENDUM QUESTION. Motion carried, six ayes. ITEM 6-W APPROVE ENDORSEMENT OF S.F. 371 RELATING TO I-394 MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-242 APPROVE ENDORSEMENT OF S.F. 371 RELATING TO I-394 AND ADDITION OF LANES AT PENN AVENUE. Motion carried, six ayes. Regular Council Meeting April 4, 1995 Page 8 ITEM 7-A ASSESSMENT HEARING FOR 1994 STREET RECONSTRUCTION PROGRAM, PROJECT 401 Public Works Director Moore introduced the assessment hearing on the 1994 Street Reconstruction Program, Project 401. He described the areas that were improved under the project. The final cost of the project was $1,734,998, which was slightly less than the estimated cost. He presented the proposed assessment rates. Mayor Tierney opened the public hearing at 7:40 p.m. Brian Stevens, 17642 25th Avenue North, stated there is a drainage problem at Olive Lane and 25th Avenue. He said that at the project hearing, staff indicated that concrete curb and gutter was present on all streets abutting 25th Avenue. However, that was incorrect as there is no curb and gutter in the Olive Lane and Shiloh areas. Mr. Stevens suggested that the City cost share of the project be increased so that the assessment amounts can be reduced. He asked why the concrete curb and gutter was contracted out at $4.76 per lineal foot and the assessment is proposed at $6.24 per foot. Jim Pohtilla, 17715 25th Avenue North, objected to the assessment for concrete curb and gutter. He said this work was done despite the objections of all but one homeowner in the neighborhood. Doug Schroeder, 5230 Vicksburg Lane, questioned the equity of the proposed assessments. He believes that having equal assessment rates for reconstruction is fair; however, not in this case. He said there should be no assessments for the Vicksburg Lane improvements. In August, 1978, when the initial Vicksburg Lane paving assessments were discussed, the City Council indicated there would be no further assessments for Vicksburg Lane until curb was installed. Mr. Schroeder said the roadway has broken up in 15 years, rather than lasting longer, due to the City's mismanagement of the original project and the resulting lawsuits with the contractor. Mr. Schroeder stated that 25 properties are proposed to be assessed for the improvements, but the roadway has deteriorated largely due to high traffic volumes and truck traffic - not by residents living along the roadway. He said that he paid $13,454 in assessments for the original project in 1978, plus $5,711 in interest, for a single residential address. That project was assessed on the basis of front footage and land use, and he believes that the City did not adequately inform residents that interest would accumulate on the deferred assessments. Mr. Schroeder said that state aid funds are available to pay for this project, and residents should not be assessed for early reconstruction of the road. Regular Council Meeting April 4, 1995 Page 9 Tom Swerdfiger, 5825 Vicksburg Lane, stated that he has 300 feet of frontage on Vicksburg Lane. He has concerns about some of the project work adjacent to his property. Tom Torborg, 17720 25th Avenue North, stated he has concerns with the project construction. He said the reconstructed roadway is a much higher elevation than the previous roadway and drainage water now pools in his rear yard. He believes that 8 percent interest on the assessments is excessive. He is concerned about children's safety along 25th Avenue due to vehicle speeding and the high curbs. John Dougan, 17030 25th Avenue North, asked if he is being assessed for overlay at the same rate as his neighbors that needed complete reconstruction of the street. Mayor Tierney responded, yes. James Pohtilla asked whether the problem of traffic speed and volumes on 25th Avenue will be addressed. Mayor Tierney responded that the Council intends to discuss issues related to collector streets in 1995. Vern Gottseth, 5460 Vicksburg, said that he was informed in 1978 when the original project was assessed that there would be no further assessments. He is concerned about this and possible future assessments. City Attorney Knutson explained that anyone who wants to preserve their right to appeal their assessment through court action must file a written objection to the assessment prior to the end of the assessment hearing. Freddie O'Brien, 5335 Vicksburg Lane, suggested that the hearing remain open so that residents in the audience can prepare their written appeals. At the request of Mayor Tierney, Public Works Director Moore responded to resident comments. He said that all streets in the northerly Shiloh area have concrete curb and gutter. He believes the comment made by staff at the 25th Avenue project improvement hearing was that all the streets in the 1994 Street Reconstruction Program had concrete curb and gutter. He also explained that the 6.24 per foot proposed to be assessed for concrete curb and gutter includes the cost of curb and gutter materials and installation, as well as the cost for restoration behind the curb and the costs to design the project. Director Moore said that the proposed 8 percent interest rate is the approximate rate that the City is receiving on the investment of funds to finance the project until the assessments are paid. There are no bonds being sold to finance the project. Regular Council Meeting April 4, 1995 Page 10 He stated that staff will check all problems noted by residents relating to the construction. He explained that the City's overall Street Reconstruction Program is over a 20 year period, and the current policy is that, in general, single family properties are assessed about 30 percent of the reconstruction cost. The 1994 program results in assessments of 29 percent of the project cost, with the City paying about 71 percent of the cost. He explained there were changes in unit rate based on previous years' experience with respect to actual construction cost. The assessments are proportionate percentages based on the overall project cost. Brian Stevens said that if the City believes that concrete curb and gutter should be included on all projects for benefits of uniformity, water quality, drainage, etc., then the cost should be borne by the City. Public Works Director Moore said the Council's adopted policy on street reconstruction projects provides that if something new is added to the property - such as curb and gutter, storm sewer improvements, or street widening - then it would be an added benefit and the owner would be assessed the cost. If, for example, concrete curb and gutter existed on a property, there would be no assessment for curb and gutter reconstruction under the Council's current policy. Public Works Director Moore explained that on the Vicksburg Lane portion of the reconstruction project, about 25 property owners are proposed to be assessed 916 per lot, which totals about $25,000. The actual cost for the Vicksburg Lane reconstruction is $400,000 to $500,000. The City is using state aid funds to pay the cost difference. He explained that the City is allocated approximately $1.2 million in state aid funds per year, and the City has more eligible projects than can be funded with those dollars. At some time in the future, Vicksburg Lane will likely be increased to a four -lane roadway. Under the current policies, property owners would be assessed for curb and gutter (if installed) but not for street reconstruction. He noted that expanding Vicksburg Lane to a four -lane roadway is not currently in the five year Capital Improvement Program. Councilmember Anderson asked about the City's assessment policy on other collector streets. Director Moore responded that under the reconstruction assessment policy, a property would be assessed as a single family unit for reconstruction if the driveway has access to the street being reconstructed. Corner lots would be assessed for the reconstruction of the street toward which their driveway accesses. Councilmember Lymangood asked if the City is under a time constraint to adopt the assessments. Regular Council Meeting April 4, 1995 Page 11 Director Moore stated no, and recommended that the assessments be deferred so that staff can respond to the issues raised. City Clerk Ahrens stated that she has received nine written assessment appeals relating to Project 401. Mayor Tierney closed the public hearing at 8:30 p.m. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to table all assessments for staff review and to direct staff to provide a copy of the upcoming staff report to each of the nine property owners who filed a written objection to their assessments. Public Works Director Moore suggested that the Council could adopt all assessments, except those relating to Vicksburg Lane and 25th Avenue North improvements. MOTION to amend the main motion was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 95-243 ADOPTING ASSESSMENTS, CITY PROJECT NO. 401, 1994 STREET RECONSTRUCTION PROGRAM, SINGLE FAMILY RECONSTRUCTION ONLY; AND RESOLUTION 95-244 ADOPTING ASSESSMENTS, CITY PROJECT NO. 401, 1994 STREET RECONSTRUCTION PROGRAM, ALL OTHER PROPERTIES adopting all assessments except those on Vicksburg Lane and 25th Avenue North which are tabled. Staff is directed to provide a copy of the upcoming staff report to each of the nine property owners who filed a written objection to their assessments. Councilmember Anderson requested that the staff report on Vicksburg Lane include the amount of total assessments paid over the last 20 years. Vote to amend carried, six ayes. Main motion as amended carried, six ayes. Regular Council Meeting April 4, 1995 Page 12 ITEM 8-A JANCO, INC. COMPREHENSIVE PLAN AMENDMENT, REZONING, PUD CONCEPT PLAN AND CONDITIONAL USE PERMIT (94159) MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-245 APPROVING COMPREHENSIVE PLAN AMENDMENT FOR JANCO INC. FOR PROPERTY LOCATED WEST OF NORTHWEST BLVD. AND SOUTH OF COUNTY ROAD 9 (94159), and RESOLUTION 95-246 APPROVING A RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN, PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR JANCO INC. LOCATED WEST OF NORTHWEST BLVD. AND SOUTH OF COUNTY ROAD 9 (94159). Community Development Director Hurlburt explained that the applicant is requesting a Land Use Guide Plan Amendment to reguide this site from approximately 8.4 acres of CS (Service Business) and approximately 20.3 acres of LA -1 (Low Density Residential) to 6.6 acres of LA -3 (High -Medium Density) and 22.1 acres of LA -1 (Low Density Residential). As part of this application, an amendment to the Thoroughfare Guide Plan is being requested to delete the extension of Xenium Lane to Northwest Blvd. The request also includes a RPUD Concept Plan and RPUD Preliminary Plan/Plat and Conditional Use Permit for a 70 -unit townhome subdivision. The project would be split with 14 units developed on a cul-de-sac off Northwest blvd. and 56 units developed off the Xenium/Vinewood Lane extension. About 70 percent of the site would be within the homeowners association outlots or in an outlot dedicated to the City. The applicant has indicated they are willing to voluntarily deed approximately 8.7 acres of open space within Outlot B to the City. She stated that concerns were raised at the public hearing related to traffic and the connection of the cul-de-sac to Northwest Blvd., parking within the subdivision, debris on the site, and pedestrian crossing of Northwest Blvd. She said that signage may be possible to address certain turning movements in and out of the cul-de-sac. The proposed parking meets the City's ordinance requirements. She said there is currently only a trail on the east side of Northwest Blvd.; however, there is a proposal to built trails along the west side as well. With respect to debris on the site, she said it is a standard condition on plat approvals that the site be cleared of debris. The developer has also indicated that he intends to address the debris problem, and some of the debris is located in areas to be graded. She stated that this is a difficult site to develop due to major wetlands, rough slopes, and trees. This plan preserves the open space on the site. Staff and the Planning Commission recommend approval. Staff has initiated condemnation action for the Vinewood Lane connection; however, this would be discontinued and the property received through dedication if this project is approved. Regular Council Meeting April 4, 1995 Page 13 Councilmember Lymangood said there is a large amount of debris on the site and an old well. He wants to ensure that the condition of the site is adequate before it is deeded to the City. He also asked if the City would have other measures to address parking spill-over onto the public streets. Community Development Director Hurlburt responded that no parking problems are anticipated based on similar twin -home developments, but the City could take action to prohibit parking on Xenium Lane or Vinewood Lane if it became a problem. Councilmember Lymangood said that an alternative to approving this development request is to deny the request. The City would then acquire the area currently under condemnation action. He said the City would then have options available for potential use of the site, but would face the cost of building the roadway and site cleanup. Director Hurlburt said that the area where the twinhomes are proposed, particularly on the west side, is a good use for housing. If the City acquired the site, there may be opportunities to work with the HRA or a private developer to construct housing on the site. Councilmember Anderson asked about the estimated cost to build the roadway. Thomas Graham, developer of the site, said the estimated cost to build the roadway is about $200,000. He would pay about half of that cost if his development is approved. Director Hurlburt added that the cost estimated does not include the right-of-way acquisition - only the construction cost. Councilmember Anderson stated that he has concerns about traffic safety at the cul-de-sac and Northwest Blvd. He is particularly concerned about traffic exiting the cul-de-sac and turning left to go northerly on Northwest Blvd., and asked how this hazard could be minimized. Community Development Director Hurlburt said that since Northwest Blvd. is a county road, any signage or turning movement prohibition would need county approval. The cul-de-sac would be a City street, and the signage could be installed to prohibit left turns onto Northwest Blvd. from the cul-de-sac. The City could request that the County consider signage to prohibit left -turns into the cul-de-sac from Northwest Blvd. Regular Council Meeting April 4, 1995 Page 14 Councilmember Lymangood requested that the developer comment on plans for cleaning up the site. Thomas Graham, project developer, said they will cleanup the site and would accept a condition on the resolution that site cleanup must be completed prior to property being deeded to the City. Carl Hedberg, 13420 36th Avenue North, expressed concerns about traffic control and safety. He represents the homeowner association in the Xenium Lane area from 32nd to 37th Avenue. He said that speed is not enforced in this area, and they would like the stop signs installed as the development is approached and along 37th Avenue in order to slow traffic. He also favored a trail along Xenium Lane. Councilmember Anderson stated that a trail is proposed along Xenium Lane. He explained that a bond referendum scheduled for May proposes to advance trail construction by about five years. Councilmember Lymangood said that a trail on the west side of Northwest Blvd. would also be included in the referendum trail funding. Mary Leizinger, 3635 Rosewood Lane, represented Heritage Highlands Homeowner Association. She presented pictures of debris on the site and noted that there is an abandoned well. She said that contents of the debris are unknown and need to be properly disposed. Ms. Leizinger also expressed concerns about Northwest Blvd. access from the cul-de-sac, densities of the proposed development, the change in zoning, and inadequate off-street parking in the proposed development. Larry Goetzinger, 3600 Rosewood Lane, said that the Planning Commission did not adhere to residents' desires at the public hearing because the Commission recommended approval of the development. He expressed concern about the zoning change because the site is surrounded by homes of over $200,000 in property value. He also believes that the construction of twin homes could reduce the tax base and cause an increase of crime in the area. Mr. Goetzinger said that crime has increased in his neighborhood since multi -family dwellings were constructed. He is concerned about traffic safety and access to and from the cul- de-sac. He would like the property to be developed as a park or single family housing. Mayor Tierney stated that she received a written comment from resident Chuck Ulmer that his concern was cleanup of the property. Dave Crain, 13200 38th Avenue North, thanked the Council for addressing the parking and site cleanup issues. He believes that the development proposal is an Regular Council Meeting April 4, 1995 Page 15 excellent use for this site and serves as a good transition between the single family homes and the shopping center. Paul Vincent, 12800 34th Avenue North, urged the developer to delete the cul-de- sac off of Northwest Blvd. due to safety concerns. He is concerned that property values in Heritage West Addition could be affected by the proposed twin home construction. He supported the extension of Xenium Lane to Vinewood Lane to relieve traffic on 34th Avenue and in the residential areas. Mike Gair, represented the developer. He said that environmental concerns about the site will be addressed through a Phase I Environmental Audit which will be ordered if the project is approved. The Audit will identify all work that needs to be done on the site. All cleanup will be done prior to Graham Development moving forward with the project. Mr. Gair explained that the proposed 28.7 acre site is actually three parcels combined to create one development site. The density of the site is consistent with the surrounding developments and serves as transition to the shopping center to the north. He stated that the northerly six to seven acres of the site is currently guided commercial. The site plan proposes moving from single family toward commercial on the north by clustering the development on the site. Councilmember Granath stated that the project has substantial merit, but he has concerns about the cul-de-sac access to Northwest Blvd. Mr. Gair suggested that it may be appropriate for the City to place a limitation on turning movements from the cul-de-sac to Northwest Blvd. during certain hours of the day and signage on Northwest Blvd. could also be considered. He explained that there are three clusters of development proposed on this site, with the anticipated property values increasing from west to east. Councilmember Anderson asked if the developer wished to comment on the approximate sale prices of the units. Mr. Graham said that the properties on the westerly edge of the development will be offered from $160,000 to $190,000. The properties east of Vinewood Lane will run from $185,000 to $225,000. The properties on the easterly edge of the development are proposed at $200,000 to $300,000. Mr. Graham said that an additional 16 units was originally proposed on the site that will be dedicated to the City. Mayor Tierney asked if the environmental issues related to cleanup have adequately been addressed. Regular Council Meeting April 4, 1995 Page 16 Community Development Director Hurlburt suggested that the Council could include a specific condition in the approving resolution related to that issue. MOTION to amend was made by Mayor Tierney, seconded by Councilmember Lymangood, to add a condition to the resolution stating: Prior to the dedication of the outlot to the City for open space purposes, the developer shall complete Phase I Environmental Audit (and a Phase II Audit if deemed necessary by the Phase I Audit), and complete all required cleanup work on the site. Motion to amend carried, six ayes. MOTION to amend was made by Councilmember Anderson, seconded by Councilmember Granath, to add a condition to the resolution stating: The cul-de- sac shall be posted 'Left turns prohibited onto Northwest Blvd. at all times'. Staff is directed to negotiate with Hennepin County to attempt to obtain reasonable and necessary signage to prohibit left turning movements onto the cul-de-sac from northerly traffic on Northwest Blvd. for the safety of the residents in and around the area. Mayor Tierney stated that she believes it is premature to address signage issues. She would prefer to address those issues when the development is underway. Motion to amend carried, six ayes. Main motion as twice amended carried, six ayes. ITEM 8-11 DEFERRING ACTION ON PEONY LANE IMPROVEMENTS MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 95-247 SUSPENDING WORK, ALIGNMENT STUDY/TRAFFIC PROJECTIONS, PEONY LANE NORTH OF WAYZATA HIGH SCHOOL TO NORTH CITY LIMITS, CITY PROJECT NO. 502. Jan Symchych, 6110 Lawndale Lane, spoke in favor of the resolution. She said there was substantial concern at the information meeting about urban development in the northwest area of the City. She favors meaningful land use planning before roads are constructed. Joan Baer Malikowsky, 5540 Ranier Lane, spoke in support of the resolution. She said that considerable concern was raised at the information meeting about project cost and environmental issues. She said that the City is currently working with Maple Grove and Brooklyn Park on the Elm Creek Interceptor Project in order to allow expansion of the Metropolitan Urban Service Area boundary. She said that Regular Council Meeting April 4, 1995 Page 17 cost sharing, housing, transportation, environment, and land use are issues to be addressed by the cities. She requested that the City defer any action to realign Peony Lane until the Elm Creek work plan is completed. Betty Baer, 5540 Ranier Lane, said this area of the City is unique. She supported the proposed resolution. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to table the remaining agenda items to the next meeting, with the exception of the proposed property tax freeze bill. Councilmember Granath opposed the motion. He had removed the proposed massage ordinance from the Consent Agenda and a number of individuals are present for the item. Motion to table failed: Lymangood and Anderson ayes; Wold, Helliwell, Granath, and Tierney nays. ITEM 8-C (6-U) MASSAGE ORDINANCE Assistant Manager Lueckert noted a correction to the proposed massage ordinance. Section 1135.07 (f) should be amended in part to read: "National Certification Examination for Therapeutic Massage and Bodywork within the last four years,..." MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt ORDINANCE 95-21 RELATING TO MASSAGE BUSINESSES AND ASSOCIATED FEES AMENDING SECTIONS 105, 615, 1015, 1135 OF THE PLYMOUTH CITY CODE, with the change noted above by staff. Motion carried, six ayes. ITEM 8-C (6-0) INDEPENDENT SCHOOL DISTRICT 284 (95013) Mayor Tierney stated that School District 284 has requested an amendment to the site plan and conditional use permit for expansion at Birchview Elementary School, 425 Ranchview Lane North. She expressed concern about a building expansion when there is already a shortage of parking at the school. She noted that parking is regularly occurring in the "No Parking" zone, and parking for large events at the school is a particular concern. Regular Council Meeting April 4, 1995 Page 18 Public Safety Director Gerdes said that the surrounding residential area has been posted "No Parking" at the request of residents; however, there is an opportunity for the school to notify the police for arrangements when parking is needed for a specific large event. Jim Libby, Birchview Elementary School Principal, said that 21 parking spaces were added last year. Parking is a problem for evening events, and the ballfield is used for overflow parking. However, parking during the day is no longer a major problem. He said the upcoming widening of Ranchview Lane will also help to create additional parking. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to move the previous question. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-248 APPROVING SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT AMENDMENT FOR ISD #284 WAYZATA) FOR PROPERTY LOCATED AT 425 RANCHVIEW LANE NORTH (95013). Motion carried, six ayes. ITEM 8-E (6-D) CITIZEN SURVEY MOTION was made by Councilmember Wold, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-249 APPROVING 1995 CITIZEN SURVEY. MOTION to amend was made by Councilmember Wold, seconded by Councilmember Anderson, to make the following changes in the survey: Page 4 "As you may know.."; Page 7 between questions 49 and 50 delete the words "if no in Q-49 ask"; Page 11 question 77 split the "don't know" and "don't apply" responses; Question 79 add the word "in" prior to Plymouth; Between questions 90 and 91 add "if yes, ask". Councilmember Wold stated that these changes will clarify the survey questions and provide additional information to the Council. Motion to amend carried, six ayes. Main motion as amended carried, six ayes. Regular Council Meeting April 4, 1995 Page 19 ITEM 9-A WATER QUALITY TASK FORCE REPORT MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to accept the report on Public Educational Activities of the Water Quality Task Force. Motion carried, six ayes. ITEM 9-B UPDATE ON LEGISLATIVE ISSUES Mayor Tierney suggested that the Council schedule a study session to review pending legislative issues affecting Plymouth, including the proposed property tax freeze bill. Councilmember Lymangood thanked staff for keeping the Council appraised of the pending legislation on the property tax freeze. He noted that a provision of the bill would prohibit the issuance of any further debt, thus putting the City's referendum on open space and trails in jeopardy. He believes the Council should take action to oppose the bill. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt a resolution opposing S.F. 1570 relating to a property tax freeze. Councilmember Helliwell stated that this item was not on the Council agenda and she would support placing it on a future meeting agenda for discussion. Councilmember Lymangood stated that the Council has not always deferred new items added to the agenda at the meeting. He cited past items of increasing the allocation for City Center furniture and issuance of a 3.2 license for the Minneapolis Jaycees. He stated that he has voted against items being added to the agenda where there is an expenditure involved. Councilmember Helliwell stated that there is a cost issue involved with this legislation because it involves property taxes. She does not believe it is appropriate to endorse or oppose the legislation tonight because it was added to the agenda. Councilmember Granath suggested that each councilmember could individually lobby state officials with respect to this issue. Manager Johnson said that the Council has already ordered a bond referendum for acquisition of open space and construction of trails. Since this legislation would affect that action, staff will assume that they have the Council's approval to oppose the portion of the bill that would not allow further debt. Regular Council Meeting April 4, 1995 Page 20 MOTION to amend was made by Councilmember Lymangood, seconded by Councilmember Wold, to add to the resolution language: "particularly as it relates to the prohibition of municipalities from issuing any debt obligations after March 27, 1995." Councilmember Helliwell stated that the public was not noticed that this would be discussed at this meeting, and she believes that portions of the bill may be long overdue for Minnesota. Motion to amend failed: Anderson, Lymangood, and Wold ayes; Granath, Helliwell, and Tierney nays. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to table action on the pending property tax freeze bill. Motion carried, five ayes; Lymangood nay. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to set a study session for a briefing on legislative issues prior to the next regular Council meeting. MOTION to amend was made by Councilmember Lymangood, seconded by Councilmember Anderson, that only a written briefing be provided by staff for the Council. Motion to amend carried: Anderson, Wold, Lymangood, and Granath ayes; Helliwell and Tierney nays. Main motion as amended carried, six ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Granath, to table the remaining agenda items and adjourn the meeting at 10:35 p.m. Motion carried, six ayes. Laurie F. Ahrens City Clerk