HomeMy WebLinkAboutCity Council Minutes 09-12-1994MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 129 1994
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
September 12, 1994.
PRESENT: Mayor Tierney; Councilmembers Anderson, Lymangood, Helliwell, Granath,
and Edson. Councilmember Morrison arrived at 7:20 p.m.
ABSENT: None.
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, Property Management Coordinator
Tabery, Recreation Supt. Bisek, Recreation Supv. Gruepner, Attorney Barnard, and City
Clerk Ahrens.
ITEM 3-A FORUM; REQUEST FOR TRAIL AND TRAFFIC CONTROL ON
NORTHWEST BLVD.
Roger Berkowitz, 13235 55th Avenue North, presented a petition requesting
installation of traffic control in the vicinity of Bass Lake Playfield, as well as a trail
on the west side of Northwest Blvd. He showed a map of the area indicating that
there is only a painted crosswalk at 55th Avenue and Northwest Blvd. There is
currently a paved trail along the east side of Northwest Blvd., but he was informed
that the a feasibility report will be provided to the Council to determine the need
for a trail on the west side of Northwest Blvd. He stated these improvements are
needed for the safety of the many young children in the area.
Mr. Berkowitz suggested installation of a 4 -way stop at 55th Avenue and
Northwest Blvd., and a trail on the west side with a pedestrian activated signal at
the Playfield, flashing yellow caution signs, or a pedestrian bridge. He said the
completion of Northwest Blvd. divides the neighborhood and is contrary to the
concept of the walking neighborhood plan.
Public Works Director Moore stated the City Council will receive a preliminary
feasibility report at the next meeting which will include a trail on the west side of
Northwest Blvd. He stated a pedestrian crosswalk is appropriately marked at 55th
Avenue, but a study could be done to determine whether additional signage is
needed.
Regular Council Meeting
September 12, 1994
Page 2
Councilmember Helliwell believes that a signal is needed because motorists don't
adhere to a pedestrian crosswalk. She said that trail installation on the west side
will not help pedestrians cross the street.
Director Moore stated that if a trail on the west side is installed, the painted
crosswalk could be moved to the park entrance.
Councilmernber Edson stated that there are other access problems along
Northwest Blvd., on the west side. A similar problem exists north of County Road
9. He said the Council has developed the concept of walking neighborhoods, but
the City needs to ensure that residents have safe access to area parks.
Councilmember Morrison arrived at 7:20 p.m.
ITEM 4-A ANNOUNCEMENT OF ART FEST AND HISTORY FEST
Recreation Supv. Gruepner and Recreation Supt. Bisek invited residents to
participate in the Art Festival and History Festival on Sept. 17 and 18.
ITEM 5 APPROVE AGENDA
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Lymangood, to approve the agenda.
Motion carried, seven ayes.
ITEM 6 CONSENT AGENDA
Councilmember Morrison stated that Item 6-0-1 involves a firm that is a client of
her law firm. However, she has not personally done work for the firm and it poses
no conflict of interest. She will be voting on the item.
Item 6-N was removed from the Consent Agenda and placed as Item 8-D.
MOTION was made by Councilmember Edson; seconded by Councilmember
Anderson, to approve the Consent Agenda as amended.
Motion carried, seven ayes.
ITEM 6-A APPROVE COUNCIL MINUTES
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to approve the minutes of the regular Council meeting of July 11, 1994.
Regular Council Meeting
September 12, 1994
Page 3
Motion carried, seven ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-516 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 2, 1994.
Motion carried, seven ayes.
ITEM 6-C RELEASE OF DECLARATION RESTRICTING USE OF
PROPERTY IN PLYMOUTH HILLS (92066)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-517 AUTHORIZING
TERMINATION AND RELEASE OF DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR BLOCK 2, PLYMOUTH
HILLS ADDITION (92066).
Motion carried, seven ayes.
ITEM 6-D EDEN TRACE CORPORATION. SITE PLAN AND VARIANCE FOR
ELLISON MACHINERY COMPANY (94074)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-518 APPROVING SITE PLAN AND
VARIANCE FOR EDEN TRACE CORPORATION FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF 10TH AVENUE NORTH
AND XENHIM LANE (94074).
Motion carried, seven ayes.
ITEM 6-E MCHUNTER COMPANY LLC. MPUD PREL. PLAN/PLAT AND
CUP FOR HARRISON PLACE ON BASS CREEK (94051)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-519 APPROVING MIXED
PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND
CONDITIONAL USE PERMIT FOR MCHUNTER COMPANY LLC FOR
PROPERTY LOCATED SOUTHWEST OF COUNTY ROAD 10 AND
TRENTON LANE NORTH (94051) (MPUD 94-1).
Motion carried, seven ayes.
Regular Council Meeting
September 12, 1994
Page 4
ITEM 6-F WAGNER SPRAY TECH. PRELIMINARY PLAT AND SITE PLAN
AMENDMENT (94080)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-520 APPROVING PRELIMINARY
PLAT AND SITE PLAN AMENDMENT FOR WAGNER SPRAY TECH
CORPORATION FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF FERNBROOK LANE AND COUNTY ROAD 6 (94080).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-521 APPROVING FINAL PLAT
FOR WAGNER SPRAY TECH CORPORATION FOR PROPERTY
LOCATED AT 1770 FERNBROOK LANE NORTH (94080).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-522 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR
WAGNER SPRAY TECH CORPORATION FOR PROPERTY LOCATED
AT THE NORTHEAST CORNER OF FERNBROOK LANE AND
COUNTY ROAD 6 (94080).
Motion carried, seven ayes.
ITEM 6-G AMEND POLICY ON INCOME GUIDELINES FOR SPECIAL
ASSESSMENTS FOR SENIOR CITIZENS AND DISABLED PEOPLE
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-523 ADOPTING AMENDED
POLICY FOR SPECIAL ASSESSMENT DEFERMENT FOR
HOMESTEAD PROPERTY OWNED BY SENIOR CITIZENS AND
DISABLED PEOPLE.
Motion carried, seven ayes.
Regular Council Meeting
September 12, 1994
Page 5
ITEM 6-H ORDER PREPARATION OF SPECIAL ASSESSMENT ROLLS AND
SET PUBLIC HEARINGS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-524 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR DELINQUENT MONTHLY WATER, SEWER,
RECYCLING AND STREET LIGHTING SERVICE CHARGERS,
UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS
AND UNPAID ANNUAL RECYCLING FEES.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-525 CALLING FOR PUBLIC
HEARING ON PROPOSED ASSESSMENT, DELINQUENT MONTHLY
WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE
CHARGES, UNPAID ANNUAL STREET LIGHTING FOR
UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-526 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR 1994 WEED ERADICATION AND DESTRUCTION,
ROLL 1.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-527 FOR PUBLIC HEARING ON
PROPOSED ASSESSMENT, 1994 WEED ERADICATION AND
DESTRUCTION, ROLL 1.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-528 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR 1994 REMOVAL AND DESTRUCTION OF
DISEASED TREES, ROLL 1.
Regular Council Meeting
September 12, 1994
Page 6
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-529 FOR PUBLIC HEARING ON
PROPOSED ASSESSMENT, 1994 REMOVAL AND DESTRUCTION OF
DISEASED TREES, ROLL 1.
Motion carried, seven ayes.
ITEM 6-I DAHLSTROM, PETERSON, EIDEN. FINAL PLAT FOR
COURTYARDS OF PLYMOUTH OAKS (94049)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-530 APPROVING FINAL PLAT
AND DEVELOPMENT CONTRACT FOR DAHLSTROM, PETERSON,
EIDEN FOR PROPERTY LOCATED NORTHEAST OF FERNBROOK
LANE AT ROCKFORD ROAD (94049).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-531 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR
DAHLSTROM, PETERSON, EIDEN FOR THE COURTYARDS OF
PLYMOUTH OAKS FOR PROPERTY LOCATED NORTHEAST OF
FERNBROOK LANE AT ROCKFORD ROAD (94049).
Motion carried, seven ayes.
ITEM 64 KEN GUST ENTERPRISES. FINAL PLAT FOR CAMELOT
OVERLOOK (93035)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-532 APPROVING RPUD FINAL
PLAT AND DEVELOPMENT CONTRACT FOR KEN GUST
ENTERPRISES FOR PROPERTY LOCATED AT THE SOUTHWEST
INTERSECTION OF I-494 AND COUNTY ROAD 47 (93035) (RPUD 93-1).
Motion carried, seven ayes.
Regular Council Meeting
September 12, 1994
Page 7
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-533 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT FOR
KEN GUST ENTERPRISES FOR PROPERTY LOCATED AT THE
SOUTHWEST INTERSECTION OF I-494 AND COUNTY ROAD 47
93035) (RPUD 93-1).
Motion carried, seven ayes.
ITEM 6-K SITE IMPROVEMENT PERFORMANCE AGREEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-534 AUTHORIZING REDUCTION
OF SITE PERFORMANCE GUARANTEE FOR NEDEGAARD
CONSTRUCTION INC. FOR PROPERTY LOCATED SOUTHWEST OF
ROAD AND LARCH LANE (93034).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-535 AUTHORIZING REDUCTION
OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
VICKSBURG LANE AND SHENANDOAH LANE, LOTS 1, 2, 3, 4, 5, 6, 7,
BLOCK 1, AND LOTS 1, AND 2, BLOCK 2 (93067).
Motion carried, seven ayes.
ITEM 6-L DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-536 REDUCING DEVELOPMENT
BOND, CAVAN MEADOWS ADDITION (93062).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-537 REDUCING DEVELOPMENT
BOND, HEATHER RUN 2ND ADDITION (94016).
Motion carried, seven ayes.
Regular Council Meeting
September 12, 1994
Page 8
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-538 REDUCING DEVELOPMENT
BOND, HEATHER RUN 3RD ADDITION (94058).
Motion carried, seven ayes.
ITEM 6-M FINAL PAYMENT FOR 1994 CRACK REPAIR PROGRAM
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-539 REQUEST FOR PAYMENT NO.
1 AND FINAL, 1994 CRACK REPAIR PROGRAM.
Motion carried, seven ayes.
ITEM 6-N NEW COUNTY ROAD 9 CONSTRUCTION CONTRACT AWARD
This item was moved to Item 8-1).
ITEM 6-0 VACATION OF DRAINAGE AND UTILITY EASEMENTS,
MEDICINE LAKE INDUSTRIAL PARK
Councilmember Morrison stated that this item involves a firm that is a client of her
law firm. However, she has not personally done work for the firm and it poses no
conflict of interest. She will be voting on the item.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-540 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENT, MEDICINE LAKE INDUSTRIAL PARK.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-541 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENT, WST 2ND ADDITION.
Motion carried, seven ayes.
Regular Council Meeting
September 12, 1994
Page 9
ITEM 6-P SEWER AND WATERMAIN ASSESSMENTS, BASS CREEK PARK
3RD ADDITION
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-542 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 427, SANITARY SEWER AND WATERMAIN
AREA AND USAGE OF TRUNK SANITARY SEWER FOR SEWER
LATERAL, BASS CREEK BUSINESS PARK 3RD ADDITION.
Motion carried, seven ayes.
ITEM 6-0 FINDING OF "NO WETLAND" ON PARCEL 22-118-22-13-001
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-543 APPROVING THE
TECHNICAL EVALUATION PANEL CONCLUSION THAT NO
WETLANDS EXIST ON PARCEL 22-118-22-13-0001.
Motion carried, seven ayes.
ITEM 6-R ORDER STREET LIGHTING IMPROVEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-544 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, HEATHER RUN 3RD ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-545 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, HEATHER RUN 3RD
ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-546 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, WESTBRANCH 2ND ADDITION.
Motion carried, seven ayes.
Regular Council Meeting
September 12, 1994
Page 10
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-547 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, WESTBRANCH 2ND
ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-548 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, PARKERS LAKE NORTH 11TH ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-549 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, PARKERS LAKE NORTH
11TH ADDITION.
Motion carried, seven ayes.
ITEM 6-S NORTHWEST BOULEVARD SPEED STUDY
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-550 REQUESTING MINNESOTA
DEPARTMENT OF TRANSPORTATION TO CONDUCT A SPEED
ZONING STUDY, NORTHWEST BOULEVARD FROM COUNTY ROAD
10 TO COUNTY ROAD 9.
Motion carried, seven ayes.
ITEM 6-T SPECIAL MEETING WITH PLANNING COMMISSION
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-551 ESTABLISHING SPECIAL
MEETING WITH PLANNING COMMISSION.
Motion carried, seven ayes.
ITEM 7-A VACATION OF EASEMENTS IN OUTLOT C. FERN13ROOK
WOODS ADDITION (94018)
Public Works Director Moore presented the staff report on the proposed vacation
of easements within Outlot C, Fernbrook Woods Addition.
Regular Council Meeting
September 12, 1994
Page 11
Mayor Tierney opened the public hearing at 7:28 p.m. No one appeared and the
hearing was closed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-552 AUTHORIZING THE
VACATION OF DRAINAGE AND UTILITY EASEMENTS AND
DRAINAGE EASEMENT FOR PONDING PURPOSES, OUTLOT C,
FERNBROOK WOODS ADDITION.
Motion carried, seven ayes.
ITEM 7-11 VACATION OF ROLAND STREET WITHIN SCHIEBE'S
HIGHLAND VIEW ADDITION
Public Works Director Moore presented the staff report on the proposed vacation
of a portion of Roland Street within Schiebe's Highland View Addition. The
approved plat of the Holiday Addition relocated the frontage road to the northern
part of the plat. The existing frontage road lies within Roland Street dedicated
within the plat of Schiebe's Highland View Addition. With the relocation of the
street, this portion of right-of-way is no longer needed.
Mayor Tierney asked about ground water contamination found on the abutting
previous Amoco site.
Public Works Director Moore stated the excavation showed a low level of
contamination which has been addressed and is no longer a problem.
Mayor Tierney opened the public hearing at 7:30 p.m. No one appeared, and the
hearing was closed.
MOTION was made by Councilmember Morrison, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-553 AUTHORIZING THE
VACATION OF A PORTION OF ROLAND STREET RIGHT-OF-WAY
WITHIN SCHIEBE'S HIGHLAND VIEW ADDITION.
Motion carried, seven ayes.
ITEM 7-C PUBLIC HEARING ON TAX INCREMENT FINANCING PLAN FOR
OLYMPIC STEEL PROJECT
Community Development Director Hurlburt explained that the Olympic Steel
Company, 625 Xenium Lane, proposes to build a new 112,600 sq. ft. building on a
7.3 acre site on 15th Avenue North, east of Xenium Lane. The building would
Regular Council Meeting
September 12, 1994
Page 12
consist of 107,000 sq. ft. of warehouse/manufacturing space, and 5,600 sq. ft. of
office. The Council approved the development plans for the project on August 1.
On August 29, the Council held a public hearing and gave preliminary approval of
a request for $6,000,000 of industrial development revenue bond financing for this
project. On July 11, the Council gave preliminary approval for $420,000 in tax
increment financing (TIF) to help pay for the extraordinary costs of site
development for this project. She reported on changes that have occurred since
the preliminary approval and recommended approval of the development
agreement and the tax increment financing plan.
Dan Nelson, Best and Flanagan bond counsel, was present to answer questions.
K. Sams, 4310 Rosewood Lane, represented Olympic Steel and requested
approval of the tax increment financing plan.
Mayor Tierney opened the public hearing at 7:34 p.m. No one appeared, and the
hearing was closed.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-554 APPROVING A TAX INCREMENT
PLAN AND DISTRICT FOR TAX INCREMENT DISTRICT NO. 7-2 AND
AUTHORIZING THE EXECUTION OF A DEVELOPMENT
AGREEMENT WITH OLYMPIC STEEL, INC.
Motion carried, seven ayes.
ITEM 8-A PURCHASE OF ESS PROPERTY
Public Works Director Moore stated the City's Comprehensive Plan indicates a
future interchange at I-494 and Schmidt Lake Road, and the City's Park Plan
indicates a future park near this location. The property owner of a 38 acre tract
requested that the City consider purchase of their property. Staff and the property
owner have arrived at a negotiated amount of $549,000 for purchase of the
property. The traffic study update recently requested by the Council has been
completed and indicates there will be the need for an interchange at this location
due to the congestion of traffic at County Road 9 probably in the years 2010 to
2015.
Mayor Tierney asked if the traffic study assumes the completion of Schmidt Lake
Road.
Director Moore responded that the Transportation Plan shows the completion of
Schmidt Lake Road to Peony Lane and that is included in the traffic study
projections.
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September 12, 1994
Page 13
Councilmember Lymangood noted that the Council previously reviewed a traffic
study conducted in 1991. He asked if the differences in the projections are due to
traffic patterns that have developed since the date of that study and the opening of
Schmidt Lake Road.
Director Moore stated yes. He said there is still some further projections to be
done with respect to employment numbers and commuter traffic.
Larry Liles, 4401 Robin Ave. North, Robbinsdale, represented the Ess', owners of
the property. He requested that the Council approve the purchase of the property
and was present to answer questions.
Lori Marchiniak, 5205 Yorktown Lane, requested that the Council conduct a
review of the Thoroughfare Guide Plan before this land is purchased. She has no
objection to purchasing a portion of the property for the park, but opposes
purchase of the remainder of the property. She opposes development that will put
additional traffic onto Schmidt Lake Road.
Mayor Tierney requested that staff explain the guiding in this area.
Community Development Director Huriburt stated that the southeast corner of
Fernbrook Lane and Schmidt Lake Road was reguided about a year ago from
industrial to residential. The Ess and Fluidyne sites are guided industrial. The
property on the north side of Schmidt Lake Road is guided industrial, and the area
further to the north is outside of the MUSA.
Ms. Marchiniak also requested that the speed limit on Schmidt Lake Road easterly
from Zachary Lane be reviewed. The speed limit in this area is 40 mph, while the
remainder of Schmidt Lake Road is 35 mph. She said this is a residential area and
should remain as such.
Director Moore explained the establishment of speed limits is done by the
Department of Transportation. The last study for this area was done about three
years ago and a speed limit of 40 mph was established for this segment of
roadway. The Council could request that the State reconsider the speed limit, but
he cautioned that the State could also make the finding that the speed limit should
be increased.
Brad Kalin, 5115 Ives Lane North, stated his major concern is the pedestrian
crossing of Schmidt Lake road. He stated that County Road 9 and Bass Lake
Road are the major east -west roads through Plymouth, and Schmidt Lake Road
should not be considered the same type of street. There are numerous stop signs
on Schmidt Lake Road as it extends easterly into New Hope, and he asked if there
Regular Council Meeting
September 12, 1994
Page 14
is liability to the City if they are aware there is a concern and nothing is done. He
would like Schmidt Lake Road reverted back to a two-lane street.
Maggie Hogan, 12445 50th Avenue North, stated she has lived here about a year.
She said that Schmidt Lake Road has very busy traffic and she was unaware an
interchange is planned at I-494. She opposes an interchange at this location.
Councilmember Edson stated he has some concerns with the traffic study and the
volumes from 1991 to the 2015 projections. He stated the Council decided
Zachary Lane would be a 2 -lane roadway earlier this year, but the study shows an
increase in traffic on Zachary Lane if the interchange is constructed. The projected
volumes nearly approach the 1994 volumes between I-494 and County Road 9.
He stated that Schmidt Lake Road was not built to the same standard as County
Road 9, and homes were not built along Schmidt Lake Road with buffers for that
level of traffic. He does not support installation of the interchange, so he won't
support the Ess land acquisition.
Director Moore explained that the traffic projections are based on land uses from
the Land Use Guide Plan. The study uses existing traffic and projects existing
traffic into the future. Generally, traffic is increasing about 3 percent per year on
major roadways, not considering major development. He stated that construction
of the interchange would decrease traffic on Zachary Lane south of County Road
9, and increase traffic from 5,100 to 6,400 vehicles per day north of County Road
9. There would be an increase from 13,000 to 17,000 near Bass Lake Road.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, that the Council does not wish to proceed with the purpose of the Ess
property at this time, and to direct the Planning Commission to review the
property to determine how to proceed and recommend whether this parcel should
be part of the park system as it is not currently contained in the Park Plan as a
current or future park.
Councilmember Lymangood stated there are three separate issues involved in the
motion: 1) to deny the purchase; 2) to direct the Planning Commission to consider
the future of this property; and 3) to determine whether this parcel should be part
of the City's park system. He would support deciding whether it should be in the
park system before the parcel is considered by the Planning Commission.
MOTION was made by Councihnember Lymangood, seconded by Councilmember
Granath, for division of the motion.
Councilmember Anderson withdrew the original motion.
Regular Council Meeting
September 12, 1994
Page 15
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to not proceed with the purchase of the Ess property and to direct staff to
establish a study session to begin analysis and review of the future of this area.
Councilmember Helliwell stated she is not in favor of purchasing the property, but
questioned what further would be studied.
Councilmember Anderson said the future of the parcel should be considered along
with the Thoroughfare Guide Plan review.
Councihnember Edson stated the southerly portion of the property designated as a
natural preserve has not been placed in the Capital Improvement Program. He
questioned the source of funds if a portion of the property were to be acquired.
He believes this falls under the review by the Open Space Committee. The
Council should also further study the fixture of this parcel because there is a cloud
over this property title as long as the interchange is contained in the Thoroughfare
Guide Plan. He suggested that the Council deny the purchase of the site and direct
analysis of the need for the open space and park.
Park Director Blank explained that the parcel is not contained in the Capital
Improvement Program because the City generally acquires property through park
dedication. The southerly portion of the site is in the 1992 Park Plan.
Mayor Tierney asked about the impact of the Council's recent amendment to the
Comprehensive Plan.
Director Blank responded that more residential property was designated which
creates more need for parkland.
Mayor Tierney asked if the parcel can be developed for an industrial use.
Director Hurlburt said the northern portion of the property would be difficult to
develop. It has a small frontage on Schmidt Lake Road, most of which is wetland.
She said it may be able to be developed if it is combined with or receives access
through the Fluidyne property. About a year ago, the Council did not approve
access through the reguided Fluidyne parcel because of the mix of industrial and
residential traffic that would result.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Granath, to divide the motion.
Motion carried, six ayes; Anderson nay.
The Council considered the first motion to deny the purchase of the Ess property.
Regular Council Meeting
September 12, 1994
Page 16
Councilmember Lymangood stated that traffic will increase in the fixture regardless
of the action of the Council. The traffic studies show that if the Schmidt Lake
Road/I-494 interchange is installed, the amount of traffic on Schmidt Lake Road is
projected to decrease. The interchange would cause little change to traffic
projections on Zachary Lane, but the Northwest Blvd. traffic is projected to
increase. He stated he would like to see a park developed on part of this site, and
noted that the Council is not committing to an interchange - only to purchase of
the property.
Councilmember Morrison stated she is concerned about spending this amount of
money for property that "may" be needed in the fixture; however, she favors
purchasing the entire parcel in order to retain all options open. She said it is a
certainty that traffic will increase. Land values will also increase and the options
should not be limited because the Council could sell a portion of the property later.
She supports purchasing property for parkland, and would like to receive
additional information on the projected traffic.
Motion to not purchase the Ess property carried on a 4-3 vote: Anderson,
Helliwell, Granath, and Edson ayes; Morrison, Lymangood, and Tierney nays.
Motion to direct study of the future of the site carried, seven ayes.
MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney,
to direct staff to contact the property owner to determine whether they are
interested in selling the southerly portion of the property for park purposes and to
investigate financing options.
Councilmember Edson stated he will support the motion, but reserves the right to
later consider the economics. There are not unlimited funds to purchase parkland
and the Council needs to wait for the priorities of the Open Space Committee. He
stated that if the Council eliminates plans for a future interchange, the cloud on the
title would be removed. The City could then acquire the parkland through park
dedication. He asked if the property could be purchased from the TIF district
funds.
Director Moore stated the interchange was a designated project for TIF funding.
He believes that the Council would have to amend the TIF Plan in order to do so.
Attorney Barnard agreed that the TIF Plan would have to be amended and he is
unsure if parkland could be purchased.
Regular Council Meeting
September 12, 1994
Page 17
SUBSTITUTE MOTION was made by Councilmember Edson, seconded by
Councilmember Granath, to direct staff to investigate options for acquisition of the
southerly portion of the Ess site for parkland and wetlands.
Motion carried, seven ayes.
ITEM 8-13 BUDGET AUTHORIZATION AND AWARD OF CONTRACT FOR
CITY CENTER EXPANSION
Property Management Coordinator presented the staff report on the award of
contract for the City Center expansion. He recommended award to Lund Martin
Construction in the amount of $2,707,000.
Councilmember Anderson asked if the recommended contractor has experience
with this type of project, and asked if they will be able to comply with their bid for
a completion date that is 100+ days earlier than other bidders.
Mike Trossen, Trossen Wright Architects, St. Paul, and Project Architect,
explained that Lund Martin Construction has done several similar successful
projects, including the City of Crystal and MnDOT maintenance facility. He stated
that the contractor is comfortable with their proposed construction schedule
contained in their bid.
Councilmember Lymangood stated he was initially hesitant on this issue.
However, he has toured the office area and believes the expansion is needed. As
an example, he noted that Coordinator Tabery's office is 54 sq. ft. of which 18 sq.
ft. is open area.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-555 AWARDING BID FOR CITY
CENTER EXPANSION, PROJECT NO. 126, and RESOLUTION 94-556
AUTHORIZING BUDGET FOR CITY CENTER EXPANSION PROJECT,
CITY PROJECT NO. 126.
Motion carried, seven ayes.
ITEM 8-C APPROVE 1995 PRELIMINARY BUDGET AND LEVY
Manager Johnson stated that the Council must approve a preliminary budget and
tax levy by September 15, 1994. The Council may later reduce this amount. He
stated the Council has been reviewing the draft budget for several months.
He stated that the draft budget does not propose any City tax increase in the
average residential property in Plymouth ($154,000 in value). The levy rate is
Regular Council Meeting
September 12, 1994
Page 18
proposed at 15.84, which is a decrease from the 1994 rate of 16.67. He explained
that General Fund expenditures are anticipated to increase at six percent which
equates to the growth of the community and inflation.
Manager Johnson stated that management staff has found $144,000 in cost savings
and there were about 150 ideas from employees received throughout the year on
ways to save money or increase productivity. Hennepin County is reducing its
funding of the recycling program for next year, and the budget proposes that the
recycling fee on the utility bills would increase from $1 to $2. He said the
proposed budget meets the challenges of growth in the community and tax
abatements, accounts for inflation, and does this without increasing taxes. The
budget also meets community needs such as planning for northwest Plymouth,
wetland preservation, traffic control, and Thoroughfare Guide Plan review.
Manager Johnson recommended that the Council establish a hearing date of
November 30 on the proposed budget. At the hearing, the Council can determine
whether an additional hearing date is needed.
Councilmember Edson stated that last year the alternate date was published and it
implied that citizens could address the Council on the budget on either night. He
suggested that the public hearing date only be published, and that the budget be
scheduled for approval on a regular Council meeting agenda.
Manager Johnson stated staff will publish the Truth in Taxation notices to read
second date if necessary", if that is allowed by state law.
Chris Slack, 2135 Weston Lane, stated the proposed budget will increase expenses
over $1 million more than is projected to be spent in 1994. He stated the budget
increases expenses 154 percent over revenue which is deficit spending, and that it
is being done without raising taxes because is uses surpluses from 1993-4. He
stated the tax levy is too high because it is based on previous years' budgets where
a surplus existed.
Mr. Slack stated his second concern is that of a "shadow budget." There is a
proposed staff increase of 11 people, and 3.8 of them will be funded through
special funds. Their expenses are outside of this process. He stated that there may
possibly be 9 employees who are being funded from other than the General Fund
and are not included in the budget process. He would like to see a report on the
source of funding for each position.
He said that revenue from court fines is down about 32 percent the last two years,
and court fines are primarily traffic citations. Therefore, the number of traffic
citations has decreased and the City has a traffic/speeding problem. He questioned
the need for the proposed traffic enforcement unit and suggested that a thorough
Regular Council Meeting
September 12, 1994
Page 19
review of the citations issued in 1992 through 1994 should be done before
additional police officers are hired. He stated it should be unnecessary to hire an
additional secretary because computers should make positions more efficient.
Manager Johnson stated this is balanced budget and no deficit exists. He explained
that some of the surplus from the last two years will be used to pay fire bonds to
reduce the debt service. These bonds will be paid after two years. He said that all
employees proposed in the 1995 budget have been included in the major draft
budget that the Council has reviewed - even if funding is from funds other than the
General Fund. He stated that the issue that court revenue is down is a separate
issue from whether a traffic enforcement unit is needed. The unit is needed to
respond to citizen requests for reduced speeding and safer neighborhoods.
Mr. Slack stated the City budget should not result in a large surplus.
Councilmember Edson stated that $110,000 of the estimated 1994 surplus is due
to suspension of the street sealcoating program. This amount is a large portion of
the estimated surplus and would normally have been spent. He believes the
proposed budget is sound and noted that citizens can comment on the proposed
budget at the budget hearing on November 30.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-557 ADOPTING PROPOSED 1995
BUDGETS; RESOLUTION 94-558 PROPOSED PROPERTY TAX
LEVIES FOR TAXES PAYABLE IN 1995; and RESOLUTION 94-559
SET TRUTH IN TAXATION PUBLIC HEARING DATES FOR 1995 TAX
LEVY.
Councilmember Granath stated he will support the preliminary budget because it
continues to deliver core services without increasing City taxes.
Motion carried, seven ayes.
ITEM 8-D AWARD CONTRACT FOR NEW COUNTY ROAD 9 FROM
HIGHWAY 55 TO VICKSBURG LANE, PROJECT 310
Councilmember Anderson requested that the Council table the consideration of
contract award for New County Road 9 from Highway 55 to Vicksburg Lane,
Project 310, to September 19. He stated that residents along County Road 9 are
concerned about possible increased traffic, and the preliminary County Road 9 plan
is scheduled for Council review at that meeting.
Regular Council Meeting
September 12, 1994
Page 20
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to table the contract award for New County Road 9, Project 310, to
September 19.
Mike Nispel, 14565 41st Avenue North, questioned the need for a connection of
County Road 9 to Highway 55. He lives on County Road 9 and was not notified
that it was going to be improved. He is concerned that traffic will increase from
10,000 to 23,000 vehicles per day when the project is completed. If traffic
volumes do not significantly increase, he does not believe it should be improved.
If the traffic impacts are major, he believes that additional public notice should be
given.
Chuck Odegaard, 14605 41st Avenue North, agreed with Mr. Nispel. He opposed
the connection of County Road to Highway 55 because it will provide a direct link
to I-494.
Motion to table carried, seven ayes.
ITEM 9 REPORTS AND STAFF RECOMMENDATIONS
Tom Jes, 5055 Evergreen Lane North, stated he wanted to address the Council
about recent meetings that were held regarding the proposed wetland ordinance.
Residents were informed at those meetings that a report would be sent to the
Council from the Planning Commission. He believes that the report that the
Council received does not contain citizen statements at the meetings, and he wants
to ensure that the official record is complete.
Councilmember Lymangood noted that the Council has an approved agenda and
this item is not on the agenda.
Director Hurlburt stated that only a preliminary report indicating the major issues
of the meeting has been submitted to the Council, and a complete report is being
drafted.
Councilmember Granath invited Mr. Jos to provide written coimnents on the
wetland ordinance process or the product.
MOTION was made by Councilmember Anderson, seconded by Councilmember Granath,
to adjourn the meeting at 9:27 p.m.
Motion carried, seven ayes.
e,
Crt Clerk