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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) Regular Council Meeting 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. Regular Council Meeting 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 Regular Council Meeting 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