HomeMy WebLinkAboutCity Council Minutes 07-25-1994 Special 2MINUTES
SPECIAL COUNCIL MEETING
JULY 259 1994
A special 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 July 25,
1994.
PRESENT: Mayor Tierney; Councilmembers Anderson, Morrison, Lymangood,
Helliwell, Granath, and Edson.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works
Director Moore, and City Clerk Ahrens.
MOTION was made by Councilmember Anderson, seconded by Councilmember Edson,
to amend the agenda to first consider membership of the Subcommittee to review the City
Attorney proposals, and then conduct the public hearing on 26th Avenue Improvements.
Motion carried, seven ayes.
ITEM 3-B MEMBERSHIP OF SUBCOMMITTEE TO REVIEW CITY
ATTORNEY PROPOSALS
Manager Johnson reported that Councilmember Lymangood has indicated he is
unable to serve on the Subcommittee to review the City Attorney proposals due to
a potential conflict of interest.
Mayor Tierney and Councilmember Anderson stated they would each be willing to
serve on the Subcommittee.
Councilmember Edson stated he has requested a legal opinion from the City
Attorney on whether he has a conflict of interest with respect to this issue. Several
of the firms that have submitted proposals do a significant amount of business with
his CPA firm.
Councilmember Granath stated he would support appointment of Mayor Tierney
to the Subcommittee for membership diversity and balance. Otherwise, all three
Subcommittee members would be attorneys.
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July 25, 1994
Page 2
MOTION was made by Councilmember Granath, seconded by Councilmember
Helliwell, to appoint Mayor Tierney to the Subcommittee to review City Attorney
proposals.
Motion carried, seven ayes.
Manager Johnson listed the full Subcommittee membership: Mayor Tierney,
Councilmember Granath, Councilmember Morrison, Manager Johnson,
Community Development Director Hurlburt, and Public Safety Director Gerdes.
Assistant Manager Lueckert will serve as staff support for the Subcommittee.
ITEM 3-A PUBLIC IMPROVEMENT HEARING, 26TH AVENUE FROM
KILMER LANE TO MEDICINE RIDGE ROAD, PROJECT 601
Public Works Director Moore introduced the public improvement project for
proposed 26th Avenue improvements from Kilmer Lane to Medicine Ridge Road,
Project 601. He described the improvement area and stated the proposed project
would improve 26th Avenue to a 32 foot width with concrete curb and gutter, and
centered on the street right-of-way. An 8 ft. wide trail is proposed adjacent to the
curb along the south boulevard. A standard 90 degree intersection would be
constructed with an all -way stop at the intersection with Medicine Ridge Road.
He stated the special assessments for the project would be in accordance with the
City Street Reconstruction Policy. Properties that receive driveway access to 26th
Avenue would have an estimated assessment at a rate of $45.64 per foot of
frontage along the street. Properties without street access would have an
estimated assessment for concrete curb and gutter of $7.76 per front foot. As part
of the project, landscape screening is to be installed along the south edge of the
trail for the property immediately adjacent to Medicine Ridge Road to mitigate the
tree removal for the trail construction.
Director Moore recommended that a street with a minimum of 32 width be
constructed in order to provide adequate safety for both motorists and pedestrians.
A portion of this project is proposed to be funded by state -aid funds, and this
width would allow parking on one side of the street under the state aid standards.
If a narrower street is approved, he would not recommend allowing on -street
parking. He said there is a need for an off-street trail due to the traffic volumes on
this street. The project was recently staked, with the roadway centered 4'
northerly of the right-of-way centerline. The current recommendation is for a
project moving the roadway 4' to the south, which would still be within the total
roadway right-of-way of 66 ft.
Director Moore stated this street is not a local residential street, but serves as the
collector roadway for the residential area east of Medicine Lake and southerly of
36th Avenue. In 1991, traffic volumes on the road were 4,200 vehicles per day. It
S'
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July 25, 1994
Page 3
is estimated that over the next 20 years, traffic will increase to about 8,000
vehicles per day. This increase is resulting from the normal 3 percent increase in
traffic on roadways that is being experienced in the entire Metropolitan area, and
not from any specific additional construction or traffic using this route to by-pass
congestion on Highway 169.
He explained the assessment procedure and stated the total estimated cost of this
improvement project is $416,631. Of this amount, the estimated special
assessments are $96,204. The Council must make a decision on the project within
six months of this public hearing, or another public hearing would be required. If
the Council orders the project, the next step would be to direct preparation of
plans and specifications. If plans are approved, the Council could then direct
advertisement for bids. He stated that a resolution to order this project would
require 6 votes to pass, in order to comply with the statutory 4/5 vote requirement.
Councilmember Granath asked when special assessments would be considered.
Director Moore stated an assessment hearing would be scheduled when the project
was complete. At the assessment hearing, the Council would set the interest rate
and number of years over which payment would be made. Property owners would
have 30 days from the date of assessment adoption to pay the assessment without
interest.
Manager Johnson explained that the roadway can be moved 4' further to the south,
and it has been verified with NSP that the power poles would not have to be
moved. He stated there were questions at the neighborhood meetings on whether
the project could be constructed this year. He stated it is possible, but the
construction would go into November. Other questions raised at the meetings
were the street width, whether there would be a trail and the trail width, the
roadway alignment, and whether there would be parking on the street.
Councilmember Helliwell noted that Nathan Lane along the west side of the
apartment complex contained in this project was recently reconstructed. She also
stated that the proposed street width has changed during consideration of the
project.
Director Moore stated that Nathan Lane was reconstructed at a 25' width with
concrete curb and gutter under the Street Reconstruction Program of 1990. He
stated that when the public hearing was held on this project in June, 1993, a street
width of 36' was proposed. Following later information meetings, the
recommendation was for a 32' width with no parking. The recommendation is
now 32' width with parking on one side.
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July 25, 1994
Page 4
Councilmember Helliwell stated that it is possible that someday Hennepin County
may build a trail along Medicine Lake Road which would connect to this trail, but
it could take many years and this trail would be isolated until it is connected.
Director Moore stated the trail would provide an opportunity for pedestrians to
walk off the street and not in a traffic lane in accordance with the City's Trail
System Plan. He stated the Council has also received comments from residents at
Town Meetings requesting an off-road trail. He stated the trail would connect
over the bridge into New Hope now, and in the future, to the trail along Medicine
Lake Road.
Councilmember Helliwell stated that the City should not encourage pedestrians to
cross the bridge into New Hope because it is too dangerous crossing the
interchange. She noted that the County does not have the Medicine Lake Road
trail in its plan for construction. She does not believe that an 8' wide trail would fit
with this neighborhood, particularly when it will not connect to other trails.
Councilmember Lymangood asked about the trail width since this street is in the
state -aid system.
Director Moore stated that state -aid funds would pay for a maximum 5' width trail.
Councilmember Lymangood stated that the current alignment stakes on the
northerly side of the road may affect the power poles and the sight lines for
driveway access. He suggested that the alignment would be moved 3' to the south
in order to not interfere with the power poles and the southerly stake could remain
in the existing staked location if the trail were reduced to a 5' width.
Director Moore stated the roadway would need to be moved a minimum of T to
the south and the trail would need to be narrowed in order to keep the southerly
staking the same.
Manager Johnson reported that the City Forester visited the site. There are a
number of trees at or behind the power pole line. If the street is moved 3'
southerly and the trail width is reduced, then the trees on the south side are likely
to survive. If the alignment is moved further to the south, it is increasingly likely
that trees will be lost.
Councilmember Anderson asked if the state -aid funding for the trail improvements
would be lost if the trail is not installed along with the street project.
Director Moore responded that state -aid funds for trails can only be done in
conjunction with roadway construction.
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July 25, 1994
Page 5
Councilmember Helliwell stated that trails can be added later. The trail was added
along Schmidt Lake Road without disruption to the neighborhood.
Mayor Tierney noted that this is a major collector street, and she would not
support a project that is less than standard. She believes a minimum 32' roadway
width and trail is needed for safety reasons.
Councilmember Morrison asked if there would be a purpose for street striping if an
off-street trail were approved.
Director Moore stated that it is permissive for non -motorized vehicles to use the
trails. If the street were striped, bikes would be removed from the trail to the
street which could eliminate conflicts with pedestrians.
Councilmember Edson stated he has driven the street several times since the
proposed alignment was staked. He currently favors a 32' street width and
reducing or eliminating the trail. He stated that the current roadway has no curbs
so it is easy for vehicles to pull off the roadway area. A 32' street width will be
needed to accommodate vehicles when curbs are installed.
Manager Johnson stated that last year no parking was proposed on the street
because state -aid standards indicated there could not be parking on a 32' wide
street. The standards have been changed to permit parking on one side with a 32'
street width.
Mayor Tierney opened the public improvement hearing on 26th Avenue from
Kilmer Lane to Medicine Ridge Road at 7:51 p.m.
Bill and Linda Thompson, 9640 26th Avenue North, stated that all residents on
26th Avenue agree that the road is in need of repair and that drainage is a problem.
They are concerned about the loss of trees and supported burying the power lines,
although it is a significant cost to the residents and the City. They stated that
shifting the roadway northerly was a concern and blind spots may result. There
also may be increased vandalism and litter, as well as additional insurance
premiums and noise. They circulated a petition in the neighborhood that outlined
two proposals. The first would be a 26' wide street and a 5' trail on the south side,
with the roadway aligned on center. This option was favored by the majority of
residents on 26th Avenue. This would also reduce the cost of the project by about
10 per front foot. The second alternative was for a 32' street width on center,
with no trail. This option would allow for parking on one side of the road. These
options would possibly reduce the construction of retaining walls, as well as save
moving power poles and trees, and they are favored by 90 percent of the residents.
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July 25, 1994
Page 6
Mr. and Mrs. Thompson stated they have considered a third proposal since the
petition was circulated which would provide for a 32' street width with curb and
gutter, positioning the roadway one foot north of the existing center. This would
allow for a 5' trail along the curb on the south side and the staked alignment on the
south side would not move. They would also like special consideration to tapering
the roadway by 1 to 2 feet to the north along the southerly edge of the project to
minimize impact to the abutting properties.
Ruth Fries, 9900 26th Avenue North, supported a 26' width with a 5' trail. She
stated there have been no major accidents on this road.
David Lewicki, 9830 26th Avenue North, asked if abutting property values would
be increased in an amount equal to the special assessment. He stated the trail
would not connect to another trail, and it would be better to have the trail on
Kilmer Lane to connect to the future regional trail. He doesn't believe that
residents should be assessed for the improvement because traffic will increase.
Thomas Zaun, 9700 26th Avenue North, stated that when he bought his home in
1982 this was a quiet residential street. He stated that an increased street width
will result in increased traffic, making it difficult for residents to access the street
from their driveways.
James Horn, 9820 26th Avenue North, stated that a wider street will attract
motorists to use 26th Avenue rather than Highway 169. He is not opposed to a
trail for safety reasons, but believes it should be moved southerly toward the lake.
He stated that the estimated assessments are large amounts, and his estimated
assessment would equate to 7 percent of his property value.
Ruth Lueck, 9710 26th Avenue North, stated she has lived in this neighborhood
for 26 years. She said there may be the need for a path, but not an 8' trail because
it goes nowhere. A 4' trail would be adequate. She believes that any loss of trees
would devalue property.
William J. Kloster, 9925 26th Avenue North, favored the 26' street width with a 5'
bike trail.
Cray Peterson, 9730 26th Avenue North, stated concerns with increased traffic if
the road is widened and vehicles using 26th Avenue as a bypass for Highway 169.
The loss of trees is also a concern, and he said that on -street parking is not an issue
for the neighborhood.
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July 25, 1994
Page 7
Sue Lewicki, 9830 26th Avenue North, stated her family has lived there for 37
years. She favors a 26' wide road with a 5' trail, and noted that Nathan Lane from
26th Avenue to the lake is also 25' wide. She favored a 4 -way stop at Nathan
Lane to slow traffic.
Mark Milberger, 11035 36th Place North, encouraged the Council to install the
roadway as requested by neighborhood residents.
Brent J. Breen, 10015 26th Avenue North, stated he just purchased his home and
could lose 3 to 4 trees as the result of the project. He believes there is a need for a
trail. One of his concerns is that traffic will come very close to his home, and he
believes that a landscape buffer is needed. He favors special consideration to taper
roadway on the north side to protect trees on his property. He said the road needs
improvement, but a wider road will invite additional traffic.
Mayor Tierney questioned the street designation as a major collector and the trail
system in the area. She also asked if a 36' width will encourage more traffic than a
32' width.
Director Moore stated that 26th Avenue has been designated as a major collector
in the City's Transportation Plan since 1989. The typical width for a collector in a
residential area is 36'. He stated that the other streets in this area are considered
safe as walking paths. Under the City's policy, no off-street trail is needed for
other streets in the area because the traffic volumes are less. Director Moore
stated that the existing roadway is 22' wide with shoulders. Vehicles can currently
pull off the roadway because there are no curbs. The 32' street width would
provide for approximately the same open street width with room for vehicles to
pass stopped vehicles in the roadway. He stated that this improvement will not
have an impact on the 36th Avenue interchange with Highway 169. The purpose
of collectors like Zachary Lane and 26th Avenue is to collect traffic to proceed to
the highway for longer trips.
Mayor Tierney asked staff to explain the berm at the southerly end of the project
area.
Director Moore stated that the landscaping berm was constructed in the right-of-
way by a property owner. He suggested that the City could so some alternative
landscaping with the project to replace it.
Councilmember Edson stated that the estimated assessments discussed last year
were significantly higher than what is currently projected. He asked if the
estimated assessments are consistent with other street reconstruction projects.
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July 25, 1994
Page 8
Director Moore stated that last year's proposed assessments were based on the
total cost of constructing a 7 -ton roadway. The Council directed staff to draft
estimated assessments based on the Street Reconstruction Program and the
assessments are based on that policy. He stated the Council is not bound by the
estimated assessment. Typically, staff will determine a pending assessment for the
project. If the Council changed the street width, staff would amend the pending
assessments to attempt to estimate the assessment cost.
Linda Thompson asked if residents will have the opportunity to challenge the
special assessment.
Director Moore explained that an assessment hearing will be conducted at the
completion of the project. Property owners will be notified of the hearing and of
the proposed final assessment amount. Following the public hearing, the City
Council will determine the appropriate assessment, and the state law is specific
about the appeal process through district court.
Mayor Tierney asked about the procedure for residents to request a 4 -way stop at
Nathan Lane and 26th Avenue.
Director Moore stated the staff can analyze the need for a 4 -way stop at that
intersection. If staff does not recommend installation of a 4 -way stop, the property
owners can submit a petition to the City Council for consideration.
Bill Thompson stated that 90 percent of the affected property owners favor the 26'
width with a 5' trail. The proposed 32' width does not carry the support of the
residents.
Dave Lewicki stated that 4,000 vehicles per day will have an impact on this
roadway. He asked when this street was changed to a collector designation, and
stated he supports no wider than a 28' street with a 5' trail.
Brent Green requested that the Council install a buffer between the road/trail and
his home because he believes additional traffic and the trail will reduce the value of
his property.
Thomas Zaun opposed any increase in traffic.
Mayor Tierney closed the public hearing at 8:50 p.m.
Councilmember Helliwell stated this is an existing neighborhood and the street and
trail needs to fit with the neighborhood. She is concerned that a wider street will
attract more traffic, and that the trail currently would not connect to another trail.
she supports a 26' wide street, with a 5' trail if needed.
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July 25, 1994
Page 9
Mayor Tierney stated that 32' is the standard residential street width.
Manager Johnson stated that a 26' width makes the street eligible for state -aid
funding; however, the engineers are recommending a 32' width due to the amount
of traffic. There are over 4,000 vehicles per day, with additional traffic projected
in the future.
Councilmember Anderson stated that a 32' wide street is needed for safety reasons,
and it is the prerogative of the neighbors whether a trail is installed.
Councilmember Edson stated that Zachary Lane plan was recently reduced from a
4 -lane to a 2 -lane, and the Council is making efforts to reduce traffic in this area.
He is concerned that a 26' width would not allow a vehicle to pass due to the
curbs. The existing gravel shoulders currently allow vehicles to pull off the road
when necessary. He believes that speed should be addressed as a separate issue.
Councilmember Morrison stated that the street width needs to be able to serve the
existing and future traffic. There are currently 4,000 vehicles per day, with an
estimated 8,000 vehicles per day in 20 years. She supports the 32' street width,
and agreed with Councilmember Anderson that whether a trail is installed is the
option of the neighborhood.
MOTION was made by Mayor Tierney to order the improvement as proposed by
staff.
Motion failed for lack of a second.
Councilmember Lymangood asked about the width of Medicine Ridge Road north
of 26th Avenue.
Director Moore stated that the street is 44' wide. It was improved in the early
1970's and was envisioned as a 4 -lane road.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to order the project with a 26' street width and 5' trail on the south side.
Councilmember Granath said that the street needs to be improved, but should fit
with the existing neighborhood. He believes that a 26' street width will preserve
mature trees and reduce the assessments, and that a trail is needed for safety
reasons.
Special Council Meeting
July 25, 1994
Page 10
Manager Johnson stated that if the alternatives were between a 26' street width
with a trail or a 32' street width with no trail, staff would recommend the 32' width
in order to accommodate the traffic. Staff would recommend not proceeding with
the project if the 26' width is selected.
Motion failed: Helliwell and Granath ayes; Lymangood, Edson, Anderson,
Morrison, and Tierney nays.
Councilmember Lymangood stated the recommendation for a 32' wide street is
based on the existing 4,000 vehicles per day. He asked if other reconstruction
projects in the area with narrower streets had similar traffic volumes. He also
asked if a width between 26' and 32' would be considered, and if parking could be
allowed in the future with a 32' width.
Director Moore stated that some of the other roadways had volumes of 200
vehicles per day or less and were not collectors. He stated that the cost will be
affected by selecting a width between 26' and 32; however, there would be no
added safety. He stated that parking would not be allowed with less than 32' width
unless the state standards were amended.
Councilmember Helliwell stated that the narrower the street is made, the less
traffic that will be attracted.
Mayor Tierney stated this is a residential area, but 26th Avenue is a major collector
street. The City is responsible for determining how to safely handle the traffic.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-402 ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS FOR 26TH
AVENUE STREET IMPROVEMENT, CITY PROJECT NO. 601, with a 32'
wide street, striped bike lane, no trail, and no parking.
MOTION was made by Councilmember Granath, seconded by Councilmember
Helliwell, to move the previous question.
Motion failed: Granath aye; Lymangood, Helliwell, Edson, Anderson, Morrison,
and Tierney nays.
MOTION to amend was made by Councilmember Anderson, seconded by
Councilmember Edson, to amend Condition 1 of the resolution: "1) The street
shall be 32 feet wide face to face of curb with the centerline P north of the
centerline of the right-of-way, with a northerly bend at the westerly end of the
project, if feasible from an engineering perspective; 2) Option 3 shall be used for
Special Council Meeting
July 25, 1994
Page 11
the intersection of Medicine Ridge road (90 degree intersection); 3) That pending
assessments be established $45.64/ft. for properties with driveway access and
7.76/ft. for properties with no driveway access, subject to future consideration
following the assessment hearing; 4) That landscaping be provided for the
property adjacent to Medicine Ridge Road as mitigation for tree removal within
the street right-of-way; 5) that there shall be no parking on the street and bike
lanes of Yin width on both sides of the street shall be striped; 6) That an "all
way" stop at Nathan Lane will be evaluated upon completion of the project.
Councilmember Helliwell expressed concern about striped bike lanes for safety
reasons. She would prefer an off-street trail.
Councilmember Morrison stated she would also have preferred a trail, but
residents don't support it with the 32' street width.
Motion to amend carried; six ayes; Helliwell nay.
Main motion as once amended carried, six ayes; Helliwell nay.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Granath, to adjourn the meeting at 9:42 p.m.
Motion carried, seven ayes.
Lze C ' i lLv
Cify Clerk