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