HomeMy WebLinkAboutCity Council Minutes 09-19-1994MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 19, 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 19, 1994.
PRESENT: Mayor Tierney; Councilmembers Morrison, Lymangood, Helliwell, Granath,
Edson, Anderson.
ABSENT: None.
STAFF PRESENT: Assistant Manager Lueckert, Public Works Director Moore,
Community Development Director Hurlburt, Public Safety Director Gerdes, Finance
Director Hahn, Park Director Blank, Volunteer Coordinator Anderson, Support Services
Supv. Cox, Attorney Barnard, and City Clerk Ahrens.
ITEM 3-A FORUM: PROPOSED WETLAND ORDINANCE
Tom Jes, 5055 Evergreen Lane North, presented a letter outlining concerns that
were discussed at the September 1 public meeting regarding the proposed wetlands
ordinance. He expressed concerns about the tone of a letter that was sent by staff
to developers regarding the proposed wetland ordinance.
ITEM 3-B FORUM, REQUEST FOR CITY WATER SERVICE
Ron Hennes, 10520 South Shore Drive, said there are five homes in this
neighborhood that have City sewer but no City water. There is also a segment of
street that needs repair. He requested that this area be blacktopped and a trail
striped, along with the South Shore Drive/Highway 55 frontage road
improvements. He also stated that traffic is a concern in this area.
Paul Beal, 10508 South Shore Drive, stated he would support the installation of
City water service. He agreed with Mr. Hennes that the road needs repair and
there are safety issues relating to traffic on this narrow road.
Public Works Director Moore stated that this issue has been discussed in the past.
He stated that affected property owners can submit a petition requesting the water
improvements. He stated that typically special assessments are levied against the
benefiting properties for these type of improvements.
Mr. Beal believes that all five property owners would support the request.
Regular Council Meeting
September 19, 1994
Page 2
ITEM 3-C FORUM, BERM NEAR GOFF HOMES DEVELOPMENT
Mark Kaster, 3660 Wedgewood Lane, stated he lives off of Xenium Lane and 37th
Avenue near the Goff Homes townhome development. He had understood that a
berm would be installed as part of this project and the berm is overrun with weeds.
He requested that the developer be required to proceed with appropriate
landscaping of the berm. He also requested that the gravel road be maintained this
winter until the road extension is completed.
Director Hurlburt stated that staff was notified of the berm situation earlier this
summer. At that time, the development was not at the stage where landscaping
would be installed. Staff will again check the berm and noted that there are
financial guarantees to ensure the work is completed.
Director Moore stated the gravel road is graded, but maintenance is difficult
during the winter months.
ITEM 4-A VOLUNTEER RECOGNITION
Volunteer Coordinator Anderson recognized Sherrill Koroluk, volunteer GIS
Research Analyst for the City. She averages 34 hours each month and volunteered
403 hours in the last year.
She also introduced Sue and Skip Hamango who volunteered with the police
department on maintaining and communicating statistics for the Neighborhood
Watch Program. They average 31 hours per month and volunteered 377 over the
past year.
ITEM 4-B PROCLAMATION OF CITIES WEEK
Mayor Tierney proclaimed Sept. 25 - Oct. 2 as Cities Week.
ITEM 4-C OATH OF OFFICE FOR POLICE OFFICER
Public Safety Director Gerdes introduced new Police Officer David Carlson. Clerk
Ahrens administered the Oath of Office.
ITEM 5 APPROVE AGENDA
Councilmember Lymangood requested addition of Item 8-F-2, Correspondence
contained in the Council Information Memo (M-2).
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to approve the agenda with the addition of Item 8-F-2.
Regular Council Meeting
September 19, 1994
Page 3
Motion carried, seven ayes.
ITEM 6 CONSENT AGENDA
Item 6-M was removed from the Consent Agenda and placed as Item 8-H.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to approve the Consent Agenda as amended.
Motion carried, seven ayes.
ITEM 6-A APPROVE COUNCIL MINUTES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to approve the City Council minutes of the August 22 Study Session.
Motion carried, seven ayes.
ITEM 6-11 APPROVE DISBURSEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-560 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING SEPTEMBER 9,1994.
Motion carried, seven ayes.
ITEM 6-C JANCO, INC. FINAL PLAT (94057)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-561 APPROVING RPUD FINAL PLAT
AND DEVELOPMENT CONTRACT FOR JANCO, INC., FOR
PROPERTY LOCATED NORTHWEST OF BALSAM LANE AND NORTH
OF OLD ROCKFORD ROAD (94057).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-562 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT FOR
JANCO, INC. FOR PROPERTY LOCATED AT NORTHWEST OF
BALSAM LANE AND OLD ROCKFORD ROAD (94057).
Motion carried, seven ayes.
Regular Council Meeting
September 19, 1994
Page 4
ITEM 6-D PROKASKY ARCHITECTS. SITE PLAN AMENDMENT FOR
BROOKDALE PLASTICS (94107)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-563 APPROVING SITE PLAN
AMENDMENT FOR THOMAS PROKASKY ARCHITECTS FOR
PROPERTY LOCATED AT 9909 SOUTH SHORE DRIVE (94107).
Motion carried, seven ayes.
ITEM 6-E PRIME BUILDERS, INC. REZONING, PREL. PLAN, FINAL PLAT
SITE PLAN, AND C.U.P. FOR HICKORY HILLS (94091)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt ORDINANCE 94-16 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
SOUTHWEST OF BASS LAKE ROAD AT NATHAN LANE NORTH
94091).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-564 APPROVING PRELIMINARY
PLAT FOR PRIME BUILDERS FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF BASS LAKE ROAD AND NATHAN LANE
NORTH (94091).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-565 APPROVING SITE PLAN AND
CONDITIONAL USE PERMIT FOR PRIME BUILDERS FOR
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BASS
LAKE ROAD AND NATHAN LANE NORTH (94091).
Motion carried, seven ayes.
ITEM 6-F SOUTH CREEK DANCE CENTER. C.U.P. (94101)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-566 APPROVING CONDITIONAL USE
PERMIT FOR SOUTH CREEK DANCE CENTER (94101).
Regular Council Meeting
September 19, 1994
Page 5
Motion carried, seven ayes.
ITEM 6-G DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-567 REDUCING DEVELOPMENT
BOND, PINTAIL VILLAS ADDITION (93055).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-568 REDUCING DEVELOPMENT
BOND, SUGAR HILLS 3RD ADDITION (94044).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-569 REDUCING DEVELOPMENT
BOND, GOLFVIEW ESTATES ADDITION (91047).
Motion carried, seven ayes.
ITEM 6-11 APPROVE METROLINK CONTRACT EXTENSION
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-570 APPROVAL OF PLYMOUTH
METROLINK CONTRACT EXTENSION WITH THE MCTO
FORMERLY KNOWN AS THE MTC) AND ITS SUBCONTRACTOR,
NATIONAL SCHOOL BUS COMPANY, INC.
Motion carried, seven ayes.
ITEM 6-I ORDER STREET LIGHTING IMPROVEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-571 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, TRENTON LANE NORTH OF 41ST AVENUE.
Motion carried, seven ayes.
Regular Council Meeting
September 19, 1994
Page 6
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-572 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, TRENTON LANE NORTH
OF 41ST AVENUE.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-573 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, CAMELOT OVERLOOK ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-574 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, CAMELOT OVERLOOK
ADDITION.
Motion carried, seven ayes.
ITEM 6-J ORDER PREPARATION OF ASSESSMENTS AND SET HEARINGS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-575 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT, SCHMIDT LAKE ROAD/FERNBROOK LANE, CITY
PROJECT NO. 213.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-576 FOR HEARING ON PROPOSED
ASSESSMENT, SCHMIDT LAKE ROAD/FERNBROOK LANE, CITY
PROJECT NO. 213.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-577 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT, DUNKIRK LANE, CITY PROJECT NO. 308.
Regular Council Meeting
September 19, 1994
Page 7
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-578 FOR HEARING ON PROPOSED
ASSESSMENT, DUNKIRK LANE, CITY PROJECT NO. 308.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-579 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT, FERNBROOK LANE WATERMAIN, CITY PROJECT
NO. 311.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-580 FOR HEARING ON PROPOSED
ASSESSMENT, FERNBROOK LANE WATERMAIN, CITY PROJECT
NO. 311.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-581 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT, FERNBROOK LANE, CITY PROJECT NO. 907.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-582 FOR HEARING ON PROPOSED
ASSESSMENT, FERNBROOK LANE, CITY PROJECT NO. 907.
Motion carried, seven ayes.
ITEM 6-K PAYMENT NO. 13 FOR NORTHWEST BLVD., PROJECT NO. 205
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-583 REQUEST FOR PAYMENT NO.
13, NORTHWEST BOULEVARD, CITY PROJECT NO. 205.
Motion carried, seven ayes.
Regular Council Meeting
September 19, 1994
Page 8
ITEM 6-L SET HEARING ON VACATION OF PORTION OF COUNTY ROAD
10 RIGHT-OF-WAY
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-584 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF A PORTION OF COUNTY
HIGHWAY NO. 10 RIGHT-OF-WAY WITHIN DEERHAVEN ADDITION.
Motion carried, seven ayes.
Item 6-M was moved to 8-H.
ITEM 7-A LIQUOR LICENSE APPLICATION OF JOY LUCK WOK
Mayor Tierney opened the public hearing on the application of Joy Luck Wok,
Inc., for wine and on -sale 3.2 liquor licenses at 10100 6th Avenue North at 7:40
p.m. No one appeared, and the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-585 APPROVING ON -SALE 3.2
LIQUOR LICENSE AND WINE LICENSE FOR JOY LUCK WOK, INC.
Motion carried, seven ayes.
ITEM 8-A RYAN CONSTRUCTION CO. FOR TCF BANK FACILITY (94085)
Councilmember Morrison stated that she recently discovered that her law firm
represents TCF Bank on this application. She has received an opinion that this
presents no personal conflict of interest and she will be voting on the item.
Attorney Barnard explained that the test of whether a conflict exists is whether she
has a direct financial interest. Because Councilmember Morrison is an employee of
the firm and has no direct financial gain, she is not disqualified from voting on this
matter.
He further stated that this application requires five affirmative votes for approval,
whether or not Councilmember Morrison abstains from voting.
Community Development Director Hurlburt explained the request is for approval
of an Amended Planned Unit Development Preliminary Plan, PUD Final Site Plan,
Conditional Use Permit, and Lot Division to create a 1.074 acre lot for the
construction of a 4,500 sq. ft. TCF Bank Facility onto the east side of the existing
Target Greatland Store. The proposal includes the construction of six drive-
through lanes on the east side of the proposed bank facility. The Planning
Regular Council Meeting
September 19, 1994
Page 9
Commission hearing resulted in concerns about the appearance of the proposed
facility from the adjacent residential area, and concerns of the impact of headlights
and traffic. The Planning Commission recommended that additional screening be
installed along the north property line. Since the Planning Commission meeting,
the developer has submitted a revised landscape plan to add evergreen plantings.
Staff and the Planning Commission recommend approval of the request.
Greg Madsen, 900 Second Avenue South, represented TCF Bank. He stated that
under the plan, traffic enters from the north, onto a one-way street, then into the
Target parking area. The building exterior will be similar to the existing Target
facility. He stated the original site plan included a 15,000 sq. ft. addition to the
Target facility. Landscaping and nine W high conifers have been added along the
north property line in response to concerns of the neighbors. The plan has been
designed for traffic entrance off of Vinewood Lane. Once traffic has entered the
site, all traffic will be going south and will not affect the abutting residences. He
noted that all abutting homes were constructed after the Rockford Road
commercial development was constructed.
Larry Rose, TCF representative, 801 Marquette Avenue, was present to answer
questions.
Councilmember Morrison questioned the type of business is expected.
Mr. Rose stated there will be five drive-through lanes, as well as a couple of desks
inside for consumer loans, etc., There will be 23 parking spaces for employees and
customers. There may also be some cross pedestrian traffic from Target
customers visiting the facility.
Councilmember Morrison asked how many trips are expected in the evening hours.
Mr. Rose stated that it is not anticipated that many people will use the facility in
the evening. He estimated that the fully established facility would get about 600-
700 vehicles per day.
Mayor Tierney stated that after visiting the site, she does not believe that the traffic
or noise is a problem. She asked if fencing has been considered to alleviate the
headlight concern.
Mr. Madsen stated that wooden fences tend to collect litter and they would prefer
natural landscaping; however, they would consider fencing if needed.
Councilmember Edson asked if the parking lot could be accessed from the south,
and if additional berming was considered.
Regular Council Meeting
September 19, 1994
Page 10
Mr. Madsen stated that the parking lot would only be accessed from the north. He
stated there is a steep ravine at the property line and that filling would be required
in order to install a berm.
Mayor Tierney asked about the fencing option.
Director Hurlburt stated that probably 40-50' of fencing would be needed to
address the headlight concern.
Larry Rose stated that the hours are expected to be Monday through Friday, 9
a.m. to 6 p.m., with some hours on Saturdays.
Councilmember Helliwell believed that headlight nuisance is valid, but that the
hours during which the facility will be open should minimize this concern. She is
more concerned about traffic flow because the area is already difficult to travel.
Mr. Rose stated that their studies indicate that customers are already in the
neighborhood for other purposes land need the banking service. For example, a
customer may visit both Target and TCF in one trip.
Mr. Madsen stated that a traffic study showed that the intersection is operating
below its operating capacity.
Councilmember Edson stated he also has traffic concerns. He noted that the
monument signs are on the south driveway; yet that is exit only. He believes there
may be confusion from people trying to enter at the incorrect location.
Mr. Madsen stated that the facility has "return customers". After the initial visit,
traffic will not be a problem for a customer.
Mr. Rose explained that in a similar situation in Minnetonka, they mailed notices to
their customers of the new traffic pattern.
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-586 DENYING AMENDED PUT
PRELIMINARY PLAN, FINAL SITE PLAN AND CONDITIONAL USE
PERMIT FOR RYAN CONSTRUCTION COMPANY FOR PROPERTY
LOCATED NORTHWEST OF COUNTY ROAD 9 AND VINEWOOD
LANE NORTH (94085) (MPUD 89-02), and RESOLUTION 94-587
DENYING LOT DIVISION FOR RYAN CONSTRUCTION COMPANY
FOR PROPERTY LOCATED NORTHWEST OF VINEWOOD LANE AND
COUNTY ROAD 9 (94085) (MPUD 89-02).
Regular Council Meeting
September 19, 1994
Page 11
Jeff Micheals, 4200 Wedgewood Lane, presented a petition from neighbors
opposed to the request.
Mayor Tierney asked if the neighbors had considered fencing as a mitigation
option.
Mr. Michaels stated that they had considered berming or fencing, but it would be
difficult to construct because of the grade. He does not believe that a bank fits on
the site.
Pat Henkemeyer, 4205 Wedgewood Lane, stated that at least a 12' high fence
would be needed to block headlights. He stated that the current Target delivery
truck activity on this roadway is infrequent and does not bother him, but the
addition of customers' vehicles would be a nuisance.
Councilmember Lymangood stated that the staff reports indicates that the
applicant is requesting to modify the drive aisle setback, create a lot that would not
meet the design standards for a straight zoned site, add a freestanding sign, and
add a drive-through bank and parking lot in an area not previously approved for
automobile uses. He will support the motion to deny for those reasons.
Motion to deny carried, seven ayes.
Councilmember Morrison stated that her vote is based principally on the traffic
issues. She would be willing to entertain another development proposal if the
traffic issues were appropriately addressed.
ITEM 8-B APPROVE PRELIMINARY PLANS FOR COUNTY ROAD 9,
PROJECT NO. 402
Public Works Director Moore presented the preliminary plans for the
reconstruction of County Road 9 from I-494 to Polaris Lane. This roadway has
been part of the City's Transportation system for a number of years, and there are
six items contained in the approving resolution that Hennepin County is to
consider during the final design of the project: 1) Construct berms along the
roadway wherever possible to provide screening to adjacent properties; 2)
Construct a trail/sidewalk along the north side of the road; 3) Review and report
to the City on the feasibility of constructing a pedestrian underpass at
approximately Juneau Lane; 4) Provide screening along the southerly side of the
roadway at approximately Juneau Lane to replace the screening provided by the
existing area of trees. Both landscaping and fencing should be considered to
provide this screening; 5) Tree walls should be considered during the final design
to lessen the removal of substantial size trees along the property line; and 6)
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September 19, 1994
Page 12
Water quality treatment ponds designed to accepted standards should be
constructed with the project to treat the storm water runoff from the roadway.
Councilmember Anderson asked staff to explain what would be the effect of the
Council's approval of the preliminary plan. Could changes be made to the plan
later and what is the cost to the City?
Director Moore stated the Council is being asked to approve the preliminary plan,
with specific items to be decided during the final design. Typically, the roadway
would be similar to the preliminary design. The Council's next action would be to
approve the final plan and to enter into a binding agreement with the County for
the project. He stated the City would pay from 30 to 40 percent of the cost of this
project. The roadway cost is typically paid by the County and the City would
share in the cost of drainage improvements. The sidewalks and trails are largely a
City cost responsibility; and all property right-of-way acquisition, retaining and
tree walls are shared 50/50 between the City and County.
Councihnember Helliwell asked about the trail location and whether the City could
select one or both sides for a trail.
Director Moore explained that in the preliminary plan a trail is indicated along the
south side; however, the staffs recommendation is to construct a trail along the
north side also. The County has no requirement that a trail be constructed along a
county road. He stated the City could select one or both sides for the trail.
Chuck Odegaard, 14605 41 st Avenue North, presented a letter outlining his
concerns. He stated there is also an extension of County Road 9 from Vicksburg
to Highway 55 and this connection to Highway 55 is not needed. He would like to
see more firm words in the approving resolution than "berms constructed wherever
possible." He would prefer to have a trail on one side only with the pedestrian
underpass. He stated that it appears the contractors will be coming onto his
property to remove trees for access to do the roadway, and he wants an equal size
and quantity of trees replaced. Mr. Odegaard noted that the plan calls for eight
lanes to be constructed at Fernbrook Lane and County Road 9. He believes this is
much larger than is needed and that it will attract additional traffic. He stated that
no alternatives to the project were considered. The roadway was designed to
serve the future traffic needs of Plymouth, but he feels that the needs of existing
residents along County Road 9 need to be addressed. He requested that a decision
on the preliminary plan be delayed so that residents living along County Road 9
have additional time to consider the improvement.
Jim Loizeaux, 4100 Minnesota Lane, stated that County Road 9 needs
improvement. He requested that the project be aesthetically pleasing and include
landscaping on the medians.
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September 19, 1994
Page 13
Rodd Johnson, 14835 41st Avenue North, stated that the Kingsview Heights
Addition was approved with outlots to provide aesthetic value to the development.
The children use the outlots for recreation, and he requested that berms, fencing,
and guardrails be installed along County Road 9 for safety reasons.
Carlton Moffett, 4115 Minnesota Lane, agreed with the comments of his
neighbors. He asked that the Council consider berm installation. He is concerned
about the noise that additional traffic may cause.
Kyle P. Didier, 14800 40th Avenue North, agreed with the previous comments and
urged the Council not to connect County Road 9 with Highway 55. He is
concerned about the proposed utility line plan and safety. He stated that there was
a berm constructed in his rear yard to serve as a noise barrier; however, the
proposed road will be at a higher elevation than the berm. Mr. Didier also
expressed concerns about removal of trees, additional traffic, and noise levels.
Mike Nispel, 14565 41st Avenue North, expressed concerns about the volume of
traffic with the connection of County Road 9 to Highway 55 and with the turn -
lanes proposed at Fernbrook Lane. He stated that residents would favor a speed
limit of less than 45 mph, as well as trees and landscaping, rather than concrete
medians. He stated that the recent County Road 6 and County Road 10 projects
resulted in the removal of vegetation. Mr. Nispel stated that no alternatives to the
project were considered, and he suggested consideration of alternatives of making
Minnesota Lane and Juneau Lane cul-de-sacs. Another alternative is to encourage
traffic to use Highway 55. He supports trails on only one side of County Road 9
and requested that residents have additional opportunity to review the proposed
plan and alternatives.
Ben G. Broman, 4055 Glacier Lane North, stated that County Road should be a
four -lane roadway. He lives on Glacier Lane, north of County Road 9, and the
only access is on County Road 9. He asked if access will remain open during
construction. He generally supports the preliminary plan with trails on both sides
and a pedestrian underpass.
Scott Fairbairn, 14715 41st Avenue North, stated that there are many children in
this neighborhood and the construction of berms should be more definitive in the
approving resolution. He stated that trees are important for aesthetic reasons. He
stated that a wider street is needed, but it should be constructed in such a way to
retain the character of a residential area.
Bill Pritchard, 14725 41st Avenue North, agreed that County Road 9 needs to be
improved and widened to a four -lane. He was aware that County Road 9 was a
major arterial road when he purchased his home eight years ago and that trees
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September 19, 1994
Page 14
would have to be removed in order to straighten the roadway curve at Juneau
Lane. This is currently a dangerous intersection and needs to be improved. He
requested that additional landscaping be installed for safety and aesthetics.
Public Works Director Moore stated that County Road 9 will be constructed to
accommodate the projected traffic in the year 2015. He stated that the proposed
number of lanes at Fernbrook Lane are needed to serve the industrial, commercial,
and residential uses in this area. The need for the County Road 9 improvement
was included in the first Transportation Plan adopted by the City in 1972. It is the
staff recommendation that trails be installed on both sides of County Road 9. He
said that any trees removed from private property must be compensated through
negotiations with the County, and access will be provided to all properties during
construction.
Mayor Tierney stated that if the curves were retained in the roadway, perhaps a
lower speed limit could be considered.
Director Moore said that the roadway is now straight except for the curve at
Juneau Lane. This is a dangerous intersection that needs improvement. He
recommended that it would be better to have trees on the edges of the roadway,
rather than widening the medians to add trees. He stated the trails would be 8'
wide immediately adjacent to the curb. From a safety standpoint, it would be
better to have the trails moved further back from the roadway; however,
constructing the trails adjacent to the curb will lessen the impact to the abutting
properties.
Councilmember Helliwell asked for clarification of the eight lanes at Fernbrook
Lane. She would also support removal of the term "wherever possible" relating to
construction of the berms.
Director Moore stated there would be two through lanes in each direction, two
left -turn lanes, and two right -turn lanes. He said that the berms would generally
encroach on private property so permission will need to be obtained from the
property owner for right-of-way. Also, in some areas trees would have to be
removed in order to construct a berm. Some property owners may prefer to retain
their trees than to have a berm.
Councihnember Lymangood stated the City has tried to assist homeowners with
saving trees. He asked if assistance would be given with the project.
Park Director Blank stated the City Forester could view the project area.
Director Moore stated the County has the project slated for 1995 construction.
Preliminary approval is needed quickly in order to begin acquisition of right-of-
Regular Council Meeting
September 19, 1994
Page 15
way and drafting of final plans. He stated that construction could begin in June or
July of 1995.
Mayor Tierney asked if the Council would review the final plans
Director Moore stated the Council would need to approve the final plans and the
cost sharing agreement before the County will proceed with the project.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 94-588 APPROVING PRELIMINARY
LAYOUT, COUNTY ROAD 9 - I-494 TO POLARIS LANE, CITY
PROJECT NO. 402, with the following changes: Amend Condition 1
Construction berms along the roadway to provide screening to adjacent
properties, except where it cannot be done for design reasons or where right-
of-way cannot be obtained without cost"; Add Condition 7 "Construction
will be undertaken in the least destructive and less intrusive means possible";
and Add Condition 8 "Appropriate landscaping/aesthetic improvements are
to be made in the project wherever possible."
Motion carried, seven ayes
Councilmember Edson stated the County did a good job of communicating with
property owners on the County Road 6 and County Road 10 projects. He
suggested that the City conduct another meeting with the residents prior to final
approval of the plans.
Councilmember Helliwell stated she has concerns about the number of lanes
proposed at Fernbrook Lane and the impact on abutting homes.
ITEM 8-C AWARD CONTRACT FOR NEW COUNTY ROAD 9 FROM
HIGHWAY 55 TO VICKSBURG LANE, PROJECT 310
Public Works Director Moore stated the construction of new County Road 9 from
Highway 55 to Vicksburg Lane was part of the City's and County's Transportation
Plan since the early 1970's. The City currently has under contract the project to
realign County Road 24 with Highway 55. There have been many developments
proposed in this area. In 1990, the Council conducted a public hearing and
established the alignment of this roadway. Since that time, the planning has been
moving forward with the acquisition of right-of-way, and the Council has
approved preliminary plats for the entire length of the area. There are conditions
in many of those plat approvals that this roadway be constructed before homes can
be built.
Regular Council Meeting
September 19, 1994
Page 16
He stated that one concern raised was that County Road 9 would provide a bypass
for traffic from Highway 55 to I-494. He stated that around the perimeter there
would be no change. It is projected there will be about 1,000 additional vehicles
during peak hours on County Road 9, with a projected decline on Fernbrook Lane.
It is not anticipated that through traffic would be diverted from Highway 55. He
recommended that the contract be awarded for construction of the project.
Councilmember Anderson asked about the traffic figures for Vicksburg Lane.
Director Moore responded that it is projected there would be an increase of 16
vehicles during peak hours cast of Vicksburg Lane. Those vehicles are currently
using Vicksburg Lane and Highway 55 and no additional vehicles will be attracted
to the area.
Mike Nispal, 14565 41st Avenue North, questioned the need for the connection if
vehicles are currently traveling Highway 55 and going north on Vicksburg.
Director Moore stated that there are conditions in the plats for many of the
abutting developments that homes cannot be built until the road is connected. He
said there would be only an increase of 16 vehicles during the peak hour. The
peak hour currently has about 1,200 vehicles per hour.
Dale Carry, 14850 40th Avenue North, stated that all trees will need to be
removed for the construction. He stated that many of the residents who purchased
homes were not aware of this proposed project.
Councilmember Lymangood stated the Council has added trails and this project
has been part of the City's Plan for many years. There is also a later agenda item
regarding tree preservation.
MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney,
to adopt RESOLUTION 94-589 AWARDING BID, FUTURE COUNTY
ROAD 9, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT
NO. 310.
Motion carried, six ayes; Anderson nay.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to direct staff to conduct public meetings after the final proposed plans
for the County Road 9 project are received, but before they are submitted to the
Council for approval
Motion carried, seven ayes.
Regular Council Meeting
September 19, 1994
Page 17
ITEM 8-D PRELIMINARY ENGINEERING REPORT -1994 TRAIL
IMPROVEMENTS, PROJECT 417
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to refer the Preliminary Engineering Report to the Park and Recreation
Advisory Commission in order to prioritize trail segments and recommend funding
options.
Councilmember Helliwell stated a trail is needed along County Road 47 because it
is a severe safety hazard. She is in favor of moving forward with this trail and
does not want it delayed.
Mayor Tierney asked if the construction schedule would be delayed by referring
the issue to the Park and Recreation Advisory Commission.
Director Moore responded that it is unlikely that the trail construction would be
done this season.
Councilmember Edson shared the concern about the need for a trail along County
Road 47, but noted that the funding has not been identified for the proposed
projects. He suggested that the Park and Recreation Commission be requested to
recommend priorities and funding sources by January 1 so that construction can
begin early in 1995.
MOTION to amend the main motion was made by Coungihnember Edson,
seconded by Mayor Tierney, that the Park and Recreation Advisory Commission is
to report back to the Council no later than January 1, 1995.
Councilmember Helliwell stated there have been homes in this area since 1987 and
trails are needed. She stated residents would be willing to have a trail on one side
of County Road 47, but it should be done immediately. The area has no safe
access to other trails or to the Bass Lake Playfield.
Councilmember Granath agreed that trails on County Road 47 are needed and
should not be delayed.
Park Director Blank stated that the there are about $300,000 to $400,000 in trails
needed, but only $100,000 contained in the adopted Capital Improvement
Program.
Councilmember Lymangood stated he will consider acceleration of construction
for the trails if additional funding sources are identified.
Regular Council Meeting
September 19, 1994
Page 18
Councilmember Helliwell questioned the type of trail proposed for County Road
47.
Park Director Blank stated this would be a Class 2 trail. County Road 47 has
gravel shoulders that drop into a rural ditch. The trail plan would include paving
the shoulder as a striped bike lane. Because it is not an off-road trail, lanes would
be needed on both sides. He noted that this is similar to County Road 10 and
County Road 6 before they were reconstructed.
Councilmember Anderson stated the Council has determined that connection of the
trail system is a priority and he will support creative solutions for funding for this
purpose.
Motion to amend carried: five ayes; Helliwell and Granath nays.
Main motion as amended carried: five ayes; Helliwell and Granath nays.
ITEM 8-E APPROVE ALL -WAY STOP SIGNS
Public Works Moore stated that staff has received petitions from the Lake Camelot
Estates requesting the installation of "all -way" stop signs at 61st Avenue and
Annapolis Lane, and at 61st Avenue and Dallas Lane. The third request is at the
intersection of Annapolis Lane and 58th Avenue, on the south side of County
Road 47. The residents expressed concern with the high volume and speed of
construction traffic accessing the new development via Annapolis Lane. He stated
that the request at 58th Avenue and Annapolis is due to the status of the new
development, some of which will eventually use Annapolis Lane. The concern
with the current traffic situation needs to be addressed in ways other than installing
a permanent "all -way" stop.
Vivian Starr, 6060 Annapolis Lane North, stated that the curve at 61st Avenue and
Annapolis poses a serious safety concern. She stated a stop sign is needed to slow
traffic.
Wally McKelvey, 6030 Annapolis Lane, represented the Board of Directors of
Lake Camelot Estates. He stated they support the two northerly requests. He said
the purpose of the requests is to prevent an accident from occurring. Last year the
Board recommended crosswalks at these locations, but that was tabled due a
concern that it may create a false sense of security for pedestrians. He noted that
these intersections are totally within the Lake Camelot Estates and the minimum
petition requirements have been met.
Regular Council Meeting
September 19, 1994
Page 19
MOTION was made by Councilmember Anderson, seconded by Councilmember
Granath, to adopt RESOLUTION 94-590 INSTALLATION OF "ALL -
WAY" STOP SIGN AT 58TH AVENUE AND ANNAPOLIS LANE;
RESOLUTION 94-591 INSTALLATION OF "ALL -WAY" STOP SIGN
AT 61ST AVENUE AND DALLAS LANE; and RESOLUTION 94-592
INSTALLATION OF "ALL -WAY" STOP SIGN AT 61ST AVENUE AND
ANNAPOLIS LANE.
Motion carried: six ayes; Lymangood nay.
ITEM 8-F RECOMMENDATION FROM WATER QUALITY COMMITTEE TO
PROCEED WITH THE SURFACE WATER PLAN
Public Works Director Moore presented the recommendation of the Water Quality
Committee to 1) Accelerate the preparation of the City's Surface Water
Management Plan to begin as soon as possible; and 2) Support lawn care
education by means of a lawn care workshop comprised of volunteers from local
nurseries and lawn care companies with the workshop to be video taped and aired
on cable TV as part of the Water Quality Committee's 1995 Comprehensive
Educational Plan.
Mayor Tierney expressed a concern about adopting the recommendation when
staff will not be hired until 1995 to handle these projects.
Director Moore stated the staff person is included in the 1995 budget. If this
Water Quality Committee recommendation is approved, staff will prepare to fill
the position for early 1995.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt the recommendations of the Water Quality Committee as
outlined by Director Moore.
Marsha Videen, East Parkers Lake Improvement Association, supported the
motion. She asked the Council to take specific actions to improve the water
quality of Parkers Lake. She stated that structural improvements are needed to
restore the quality of Parkers Lake, and she suggested that funding be provided to
further evaluate and implement the best option through the Capital Improvement
Program. She also requested that a feasibility study be ordered to determine the
best option.
Councilmember Lymangood asked if recommended specific remediation measures
to Parkers Lake will be included in the Surface Water Plan in 1995.
Regular Council Meeting
September 19, 1994
Page 20
Director Moore stated it will not address a detailed engineering feasibility study.
The staff recommendation is that the overall surface water plan will address water
quality issues in the entire City of Plymouth. The Council can then address
funding to implement what is determined necessary in the plan. He stated that Ms.
Videen is requesting that the Council conduct feasibility studies and commit
monies for improvement of Parkers Lake only at this time. Staff recommends that
the Council should consider water quality in the entire City, then consider capital
costs to implement needed improvements.
Councilmember Edson stated that his motion would authorize staff to move
forward with recruitment of the Environmental Engineer which is contained in the
1995 budget.
Councilmember Morrison stated she is not opposed to a feasibility study on
Parkers Lake; however, it may be premature because the problems or a funding
source have not been determined.
Marsha Videen stated that the watershed study does outline the problems at
Parkers Lake. She said if the Council waits for three to five years, the lake may
not be saved.
Councilmember Helliwell stated she would like the Water Quality Committee to
conduct a detailed discussion of the issue.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Granath, to move the previous question.
Motion to move the question carried: six ayes; Lymangood nay.
Director Moore stated the Water Quality Committee discussed the request of the
Parkers Lake Improvement Association. Their recommendation is that the City
conduct an overall study, rather than address only one lake in the City.
Motion carried, seven ayes.
ITEM 8-G TREE PRESERVATION SUBCOMMITTEE
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to establish a Tree Preservation Study Committee to review the existing
City tree preservation policy and make recommendations with regard to
appropriate changes, with Councilmembers Helliwell, Morrison, and Lymangood
as members.
Motion carried, seven ayes.
Regular Council Meeting
September 19, 1994
Page 21
ITEM 8-H AUTHORIZE CONDEMNATION FOR XENU M LANE
EXTENSION TO VINEWOOD LANE, PROTECT 214
Councilmember Lymangood expressed concern with the provision in the
recommended resolution to authorize condemnation for Xenium Lane extension to
Vinewood Lane. The provision indicates that if necessary to meet the construction
timetable, the City Attorney may utilize "quick -take" condemnation pursuant to
M. S. Section 117.042. He suggested that this provision be deleted. If there would
be an eventual connection to Northwest Blvd., it would be part of the
Thoroughfare Guide Plan review including a public hearing.
Director Moore stated that acquisition of only two properties is necessary. The
connection to Northwest Blvd. for traffic reasons may not be necessary - only the
connection to Vinewood Lane is proposed at this time. Right-of-way is needed to
move forward with the project.
Attorney Barnard stated that a quick take process would take about 120 days. If
the City desires spring construction, the process would begin about December 1 so
that the City would know whether it can obtain the property by regular
condemnation means or through quick -take. Under either scenario, construction
could begin in the spring. He stated it is quite common to use quick -take
proceedings for acquisition for roadway construction.
Councilmember Granath asked if the process could not be delayed without the
quick -take process.
Attorney Barnard stated yes. The property owner or the commissioners' schedules
could delay the process.
Director Moore stated the property owner currently will not discuss the matter
with the City.
Mark Kaster, 3660 Wedgewood Lane, stated he is in favor of the road extension
and of the "quick -take" process. He said that access to Vinewood Lane is needed,
and they have no interest in access to Northwest Blvd. He stated that the roadway
has been part of Comprehensive Plan and is part of the development contract with
the townhome developer. Traffic studies indicate there is a current need for the
extension that will grow with development of the medical campus.
Mary Leizinger, 3635 Rosewood Lane, President of the Heritage Homeowners
Association, stated they are in favor of the extension. They do not want the
connection to Northwest Blvd.
Regular Council Meeting
September 19, 1994
Page 22
Councilmember Granath stated he will support the motion, but does not support a
connection to Northwest Blvd.
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-593 AUTHORIZING
CONDEMNATION PROCEEDINGS, XENUIM LANE EXTENSION, 37TH
AVENUE TO VINEWOOD LANE, CITY PROJECT NO. 214.
Councilmember Morrison stated that she believes it is necessary to use the quick -
take method in some situations to avoid needless delays.
Councilmember Helliwell agreed that the extension and the quick -take option is
needed. This could be a multi-year legal process if only a regular condemnation
process is used.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to table the remaining agenda items to the next meeting.
Councilmember Granath stated that deferral of the proposed snowmobile ordinance
revisions may delay the adoption schedule.
Public Safety Director Gerdes stated the report could be approved so that the staff can
take comments from citizens and Councilmembers over the next two weeks.
SUBSTITUTE MOTION was made by Councilmember Lymangood, seconded by
Councilmember Anderson, to accept the snowmobile report and for staff to take
comments for two weeks, to table Items 9-A and 9-C to the next regular meeting, and to
delete Item 8-F-2.
Motion to substitute carried, seven ayes.
Substitute motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adjourn the meeting at 11:03 p.m.
Motion carried, seven ayes.
City Clerk