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HomeMy WebLinkAboutCity Council Minutes 11-07-1994MINUTES REGULAR COUNCIL MEETING NOVEMBER 7, 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 November 7, 1994. PRESENT: Mayor Tierney; Councilmembers Anderson, Lymangood, Helliwell, and Edson. ABSENT: Councilmember Granath. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Police Lieutenant Ward, Public Safety Support Services Supv. Cox, Attorney Barnard, and City Clerk Ahrens. ITEM 3-A FORUM; NUISANCE OF AMERIDATA LOADING DOCK Jim Olsen, 10380 51st Place North, appeared on behalf of his neighbors with nuisance complaints relating to the Ameridata loading dock. He does not believe that a sound barrier will solve the problem. He said that City approval of the Ameridata plan does not give the company the right to be noise nuisance to the neighbors. Director Hurlburt stated Ameridata is in the process of installing shields on the lights and the PCA has been contacted with respect to the noise complaints. Staff was directed to place this item on a future agenda for consideration. ITEM 3-B FORUM; PLYMOUTH SHOPPING CENTER DEVELOPMENT Daniel Lafontaine, 11400 5th Avenue North, stated that the Plymouth Shopping Center development is a filling of a wetland without notification. He learned of the project when the creek was filled and a culvert installed, and this created the risk of flooding on his abutting property. He said the development proceeded with the approval of the DNR and the City. Manager Johnson stated that a report on this issue has been requested from the Engineering Department and a copy will be shared with Mr. Lafontaine and the Council. Regular Council Meeting November 7, 1994 Page 2 ITEM 3-C FORUM; COUNTY ROAD 9 IMPROVEMENT PROJECT Mike Nispal, 14565 41st Avenue North, expressed concerns regarding the County Road 9 improvement project. He is opposed to construction of a trail on both sides of County Road 9 if it makes the street wider, and also because there will be only a curb separating the trail and the street. He is also concerned about the number of left -turn lanes at the Annapolis Lane and Fernbrook Lane intersections. Director Moore stated that the final plans are now being drafted based on the two public meetings previously held by the City. He suggested that if the Council has concerns with respect to the previous preliminary plan approval, they should indicate that now because significant time is being spent in developing the final plans. Councilmember Helliwell questioned whether the final decision has been made on whether the trail should be on one side or both sides of the roadway. Councilmember Anderson stated that the Council included trails on both sides of County Road 9 for safety reasons in the preliminary plan approval. He suggested that the County prepare an alternative plan that would provide only one left -turn lane at Fernbrook Lane. Councilmember Edson stated that the resolution approving the preliminary plans for the project was very broad. He asked how this information was relayed to the County. Director Moore stated that in addition to presenting the resolution, the engineering staff net with the County design team and advised them of the specific requests. ITEM 4-A RESIGNATION OF COUNCILMEMBER SHERYL MORRISON Mayor Tierney announced the resignation of Ward 2 Councilmember Sheryl Morrison. She read a letter submitted by Councilmember Morrison. Manager Johnson explained the selection process for filling the Ward 2 Council vacancy. ITEM 5 APPROVE AGENDA Manager Johnson reported that staff received a request to remove Item 64 from the agenda. Regular Council Meeting November 7, 1994 Page 3 MOTION was made Councilmember Anderson, seconded by Councilmember Edson, to approve the agenda, with the removal of Item 6-J. Motion carried, five ayes. ITEM 6 CONSENT AGENDA The following items were removed from the Consent Agenda and placed elsewhere on the agenda: 6-I, 6-U, 6-Y, and 6 -DD. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson to approve the Consent Agenda as amended. Councilmember Lymangood noted that Item 6 -GG was revised from the previously distributed version. Councilmember Lymangood requested that his "nay" vote be recorded for Item 6 -CC, but the item remained on the Consent Agenda. Motion carried, five ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve the minutes of the September 19 regular meeting, October 3 regular meeting, October 17 study session, October 19 Ward Meeting, October 24 Ward Meeting, and November 1 special council meeting. Motion carried, five ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-686 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING OCTOBER 28, 1994. Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 4 ITEM 6-C ORRIN THOMPSON HOMES. PUD FINAL PLAT FOR WESTBRANCH 3RD ADDITION (94046) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-687 APPROVING RPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR ORRIN THOMPSON HOMES FOR PROPERTY LOCATED EAST OF DUNKIRK LANE AT 40TH AVENUE NORTH (94046) (RPUD 92-7). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-688 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT FOR ORRIN THOMPSON HOMES FOR PROPERTY LOCATED EAST OF DUNKIRK LANE AT 40TH AVENUE NORTH (94046) (RPUD 92-7). Motion carried, five ayes. ITEM 6-D ORRIN THOMPSON HOMES. RPUD PRELIMINARY PLAN/PLAT AND VARIANCE (94104) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-689 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND SUBDIVISION CODE VARIANCE FOR ORRIN THOMPSON HOMES FOR PROPERTY LOCATED NORTHEAST OF COUNTY ROAD 9 AND DUNKIRK LANE NORTH (94104). Motion carried, five ayes. ITEM 6-E VOLP MANAGING. SITE PLAN AMENDMENT AND CUP AMENDMENT (94120) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-690 APPROVING CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT FOR VOLP MANAGING FOR PROPERTY LOCATED AT 14100 AND 14025 23RD AVENUE NORTH 94120) Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 5 ITEM 6-F ZONING ORDINANCE AMENDMENT RELATING TO LOCATION OF SCHOOLS (94097) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt ORDINANCE 94-19 AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO ALLOWING SCHOOLS IN NON-RESIDENTIAL DISTRICTS. Motion carried, five ayes. ITEM 6-G AP TECHNOLOGY MANAGEMENT. SITE PLAN AMENDMENT 94126 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-691 APPROVING SITE PLAN AMENDMENT FOR AP TECHNOLOGY MANAGEMENT INC. LOCATED AT 12001 HIGHWAY 55 (94126). Motion carried, five ayes. ITEM 6-11 ABRA AUTO BODY SHOP. SITE PLAN AMENDMENT AND CUP 94118 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-692 APPROVING CONDITIONAL USE PERMIT AMENDMENT AND SITE PLAN AMENDMENT FOR ABRA AUTO BODY AND GLASS LOCATED AT 11040 HIGHWAY 55 (94118). Motion carried, five ayes. ITEM 6-K AACRON INC. DENY SITE PLAN AMENDMENT (94137) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-693 DENYING SITE PLAN AMENDMENT FOR AACRON, INC. LOCATED AT 2705 CHESHIRE LANE NORTH (94137). Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 6 ITEM 6-L REDUCTION OF SITE PERFORMANCE GUARANTEES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-694 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WEST SUBURBAN HEALTH CAMPUS JOINT VENTURE FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF HIGHWAY 55 AND I-494 (93068). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-695 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR KRUTZIG HOMES, INC., FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF COUNTY ROAD 10 AND ZACHARY LANE (93013). Motion carried, five ayes. ITEM 6-M RELEASE OF SITE PERFORMANCE GUARANTEES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-696 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR UNITED POWER ASSOCIATION FOR PROPERTY LOCATED SOUTHWEST OF I-494 AND THE SOO LINE RAILROAD (92075). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-697 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR ARGUS DEVELOPMENT FOR PROPERTY LOCATED NORTHEAST OF COUNTY ROAD 9 AND GOLDENROD LANE (92110). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-698 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR H.I. ENTERPRISES FOR PROPERTY LOCATED AT 2995 HARBOR LANE (93051). Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 7 ITEM 6-N DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-699 REDUCING DEVELOPMENT BOND, HEATHER RUN ADDITION (92035). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-700 REDUCING DEVELOPMENT BOND, HEATHER RUN 2ND ADDITION (94016). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-701 REDUCING DEVELOPMENT BOND, HEATHER RUN 3RD ADDITION (94058). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-702 REDUCING DEVELOPMENT BOND, BRIDLEWOOD FARM ADDITION (90028). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-703 REDUCING DEVELOPMENT BOND, BRIDLEWOOD FARM ADDITION (90028). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-704 REDUCING DEVELOPMENT BOND, BRIDLEWOOD FARM 2ND ADDITION (92037). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-705 REDUCING DEVELOPMENT BOND, BRIDLEWOOD FARM 3RD ADDITION (93021). Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 8 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-706 REDUCING DEVELOPMENT BOND, BRIDLEWOOD FARM 3RD ADDITION (93021). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-707 REDUCING DEVELOPMENT BOND, SAVANNAH ADDITION (93112). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-708 REDUCING DEVELOPMENT BOND, FORSTER PRESERVE PLAT 2 (94057). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-709 REDUCING DEVELOPMENT BOND, BASS LAKE HILLS ADDITION (88060). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-710 REDUCING DEVELOPMENT BOND, COURTYARDS OF FRENCH CREEK ADDITION (93034). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-711 REDUCING DEVELOPMENT BOND, SUGAR HILLS 3RD ADDITION (94044). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-712 REDUCING DEVELOPMENT BOND, WILD WINGS 4TH ADDITION (89050). Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 9 ITEM 6-0 REIMBURSE DEVELOPER FOR WATERMAIN OVERSIZING 94044 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-713 REIMBURSING DEVELOPER FOR REQUIRED 12 INCH TRUNK WATERMAIN CONSTRUCTION, SUGAR HILLS 3RD ADDITION (94044). Motion carried, five ayes. ITEM 6-P SET HEARING FOR VACATION OF EASEMENT/RIGHT-OF-WAY MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-714 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF TRAIL EASEMENT, NORTHWEST BUSINESS CAMPUS 9TH ADDITION. Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-715 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF MEDICINE LAKE DRIVE WEST RIGHT-OF-WAY, BASS LAKE TERRACE ADDITION. Motion carried, five ayes. ITEM 6-0 INSTALLATION OF STOP SIGNS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-716 INSTALLATION OF STOP SIGNS. Motion carried, five ayes. ITEM 6-R APPROVE WETLAND ACTIONS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-717 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991 WETLAND ACT, DUNDEE NURSERY. Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 10 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-718 APPROVING WETLAND REPLACEMENT PLAN FOR THE CITY OF MAPLE GROVE. Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-719 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR WESTBRANCH 4TH ADDITION (94104). Motion carried, five ayes. ITEM 6-S FINAL PAYMENT FOR NORTHWEST SEWER EXTENSION. PROJECT 040 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-720 FINAL PAYMENT SETTLEMENT), NW -17 SANITARY SEWER, CITY PROJECT NO. 040. Motion carried, five ayes. ITEM 6-T FINAL PAYMENT FOR MAINTENANCE BUILDING EXPANSION, PROJECT 009 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-721 REQUEST FOR PAYMENT NO. 15 AND FINAL, PLYMOUTH MAINTENANCE BUILDING EXPANSION, CITY PROJECT NO. 009. Motion carried, five ayes. ITEM 6-V APPROVE CHANGE ORDERS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-722 APPROVING CHANGE ORDER NO. 1, 1994 STREET RECONSTRUCTION - PART I, CITY PROJECT NO. 401. Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 11 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-723 APPROVING CHANGE ORDER NOS. 2 AND 3, NORTHWEST BOULEVARD, CITY PROJECT NO. 205. Motion carried, five ayes. ITEM 6-W PURCHASE OF SELF-PROPELLED PAVER MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-724 APPROVAL OF BID FOR ONE SELF-PROPELLED PAVER Motion carried, five ayes. ITEM 6-X ACCEPT REPORT FOR ELIMINATING PROPOSED ASSESSMENT ON HOLMANS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to not adopt any assessment against the property at 15810 3rd Avenue North (33-118-22-33-0023) for the removal of hazardous trees that were abated by the City contractor in the amount of $1,211.44. Motion carried, five ayes. ITEM 6-Z APPROVE CONSULTANT FOR COUNCIL CHAMBERS RENOVATION MOTION was made by Councilmember Anderson, seconded by Councilmernber Edson, to adopt RESOLUTION 94-725 APPROVING TROSSEN-WRIGHT AND ELECTRONIC INTERIORS AS CONSULTANTS FOR COUNCIL CHAMBERS RENOVATION. Motion carried, five ayes. ITEM 6 -AA ADDITION OF TOPIC TO SPECIAL COUNCIL MEETING ON NOVEMBER 14 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-726 ADDITION TO SPECIAL MEETING AGENDA FOR NOVEMBER 14. Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 12 ITEM 6 -BB ORDINANCE AMENDMENT FOR LICENSE AND PERMIT FEES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt ORDINANCE 94-20 RELATING TO LICENSE FEES, PERMIT FEES AND OTHER FEES AND CHARGES; AMENDING PLYMOUTH CITY CODE, SUBSECTIONS 1010.01, 1015.13, 1015.17, 1015.19,1015./21,1015.23,1015.25, AND 1015.27. Motion carried, five ayes. ITEM 6 -CC REVISED AGREEMENT ON RETAINING WALL WITH BEGIN MOTION was made by Councilmember Anderson, seconded by Councilmeraber Edson, to approve the revised agreement on retaining wall with Begin. Motion carried: four ayes; Lymangood nay. ITEM 6 -EE TAXI DRIVER LICENSE MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-727 APPROVING TAXI DRIVER LICENSE FOR RANDY MARK ELLICKSON. Motion carried, five ayes. ITEM 6 -FF RECEIVE REPORT ON BOARDS AND COMMISSIONS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to receive the staff report on the vacancies which will exist at the end of January, 1995. Motion carried, five ayes. ITEM 6 -GG WATER QUALITY TASK FORCE RECOMMENDATIONS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve the creation of a Water Quality Task Force to coordinate the City's various water quality improvement projects and plans as recommended by staff. The Task Force will sunset at the end of 1995 unless extended by action of the City Council. Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 13 ITEM 7-A VACATION OF PORTION OF NORTHWEST BLVD. Director Moore presented the staff report on the proposed vacation of Northwest Blvd. right-of-way at the southeast quadrant of Northwest Blvd. and 54th Avenue, Project 205. Mayor Tierney opened the public hearing at 7:36 p.m. No one appeared, and the hearing was closed at 7:36 p.m. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-728 AUTHORIZING THE VACATION OF NORTHWEST BOULEVARD RIGHT-OF-WAY SOUTH OF 54TH AVENUE. Motion carried, five ayes. ITEM 8-A CARLSON REAL ESTATE COMPANY. MPUD CONCEPT PLAN, PRELIMINARY PLAN/PLAT, FINAL PLAN/PLAT, CUP AND VARIANCE 94088 Community Development Director Hurlburt presented the staff report on the request of Carlson Companies for MPUD Concept Plan, Preliminary Plan/Plat, Final Plan/Plat, Conditional Use Permit, and Variance for Carlson Center 12th Addition located at the southwest corner of I-494 and Carlson Parkway. The Concept Plan approval would be for two restaurants and one hotel located along I- 494 and an office area which could accommodate an office building of approximately 185,000 sq. ft. She noted that the nearest homes are located about 600 ft. from the project and the loading areas will front I-494. Carlson Companies has indicated that they are willing to consider addition landscaping to the One Carlson Center. However, she noted that Carlson was not the original contractor on that project. Brad Lis, represented Carlson Companies. He showed plans of the proposed development, including the Italiani's Restaurant for which a liquor license application will be made in the future. He said that One Carlson Parkway was developed by Trammell Crow; and concerns were expressed at the Planning Commission meeting that the landscaping was not installed as required. He stated that Carlson will work with the City Forester on the landscaping issue. He said that the garbage collection at One Carlson Parkway has been changed to 7 a.m., rather than 4:30 a.m., and Carlson will also consider the lighting issues of concern to abutting residents. Regular Council Meeting November 7, 1994 Page 14 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-729 APPROVING MIXED PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF I-494 AND CARLSON PARKWAY (94088). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-730 APPROVING MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT CONDITIONAL USE PERMIT, AND VARIANCE FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF 1-494 AND CARLSON PARKWAY (94088). Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-731 APPROVING MPUD FINAL SITE PLAN/PLAT AND CONDITIONAL USE PERMIT FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF I-494 AND CARLSON PARKWAY 94088). Motion carried, five ayes. ITEM 8-B STOP SIGN REQUEST - HOLLY LANE AND 19TH AVENUE Public Works Director Moore described the request received for an all -way stop installation at 19th Avenue and Holly Lane. He suggested that the Council take no action on the request at this time and direct the new Traffic Enforcement Unit to monitor 19th Avenue as a high priority street in 1995. Bob Lewis, 1845 Garland Lane, requested that the Council approve the all -way stop installation. He believes that the signs are needed and this location has more merit than some other locations recently approved by the Council. This intersection is near Oakwood School and the trail at Holly Lane is heavily used by school children and adults for recreational facilities. Also, there is a steep hill at 19th Avenue. He stated that he has talked with 34th Avenue/Ranier Lane residents about their recently installed sign. They believe it has reduced traffic speed and increased safety. Regular Council Meeting November 7, 1994 Page 15 Ron Weber, 17000 19th Avenue North, stated he represents 80 percent of the residents who live within 500 ft. of the intersection and who support the request. He stated that Tony Eiden is developing the adjacent Pribble property and is also in support of the request. He believes that heavy pedestrian traffic and excessive speeding create a dangerous situation at 19th Avenue and Holly Lane. He stated that during the initial stop sign request in April, 1993, residents were informed that stop signs are not to be used to slow traffic. However, that has been successful at Ranier Lane and 34th Avenue, and 19th Avenue and Holly Lane is a busier intersection. Peter Fuller, 17020 19th Avenue North, owns property that abuts the trail and said there is a tendency for vehicles to not completely stop at stop signs. He reviewed the traffic study and noted that the maximum volume of cars is 120 vehicles per hour during the evening rush hour. The average speed was 29 mph, with 85 percent of the vehicles being below 35 mph. Of those vehicles that were speeding, the eastbound direction from County Road 101 to Dunkirk had only slightly more speeders than those going westbound. Drivers are already at an excessive speed four houses after the stop sign, and people will try to make up time lost at stop signs. He believes that installation of stop signs at Holly Lane may increase the danger to the users of the trail. Trail users know that vehicles have the right-of- way, and the sight distance is good. He received notification from the City of this request on Friday. Since then, he received signatures from eight households along 19th Avenue who do not support installation of additional stop signs at 19th Avenue and Holly Lane because the signage that was installed in 1993 was effective. He does not believe there would be 70 percent support for the signs if the petition was obtained today. Joy Miller, 17100 19th Avenue North, stated that Mr. Weber does not speak on behalf of all 19th Avenue residents. Her home abuts the trail and she supports the comments of Mr. Fuller. She said that if a stop sign is installed, bikers will not be as diligent about stopping at the street. She feels that installation of stop signs would be irresponsible. Brenda Hylle, 17210 19th Avenue North, stated her home is on a curve. They have experienced problems with property damage and are concerned about safety of children. She questioned the Council's consistency because many other stop sign requests have been approved. She stated that even if there isn't 100 percent compliance with a stop sign installation, the area will be safer than with no stop signs. Manager Johnson stated that a review of minor collectors, including 19th Avenue, will be considered as part of the Thoroughfare Guide Plan review early in 1995. Regular Council Meeting November 7, 1994 Page 16 Director Moore stated that a traffic count was conducted from November 1-3, 1994. The average daily traffic is 1,000 vehicles, with an average speed of 30.1 mph eastbound and 27.9 mph westbound. He said that the 85th percent speed is about 35 mph. Mayor Tierney asked if a 25 mph speed limit or trails on both sides has been considered. Director Moore stated that if there is a marked bike/pedestrian way on the roadway, the governing body can establish the speed limit as 25 mph. This is the case on Ridgemount Road. Councilmember Helliwell stated that she supported an all -way stop installation a year ago. Stop signs have recently been installed in her neighborhood and this has improved safety. MOTION was made by Councilmember Helliwell, seconded by Councilmember Anderson, to adopt RESOLUTION 94-732 INSTALLATION OF STOP SIGN. Motion carried: four ayes; Lymangood nay. Director Moore stated that it will take about 10 days for installation and a painted crossing will also be done. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to direct staff to develop criteria for installation of other stop signs, to review minor collector status as part of overall Thoroughfare Guide Plan review, and to direct the Traffic Enforcement Unit to monitor this area. Motion carried, five ayes. ITEM 8-C PEDESTRIAN SAFETY STUDY - NORTHWEST BLVD. AND BASS LAKE PLAYFIELD Public Works Director Moore presented the staff report on the Pedestrian Safety Study at Northwest Blvd. and Bass Lake Playfield that was requested by the City Council. The results of the report indicate that there are only a limited number of acceptable gaps in traffic available for pedestrians to cross Northwest Blvd. during the morning and evening weekday peak periods. Regular Council Meeting November 7, 1994 Page 17 He described each of the pedestrian access alternatives that were developed and analyzed: 1) Use the existing marked crosswalk at 55th Avenue (no cost); 2) Relocate existing crosswalk to mid -block location across from Bass Lake Playfield entrance and construct trail from 54th Avenue to 56th Avenue (estimated cost $72,800); 3) Install actuated flashing beacons at mid -block crosswalk and construction trail between 54th Avenue to 56th Avenue (estimated cost $85,000); 4) Construct 18' wide median island at either the mid -block crosswalk or at 54th Avenue along with a turn -lane and construction trail from 54th Avenue to 56th Avenue (estimated cost $95,000 - $125,000); 5) Install actuated pedestrian crossing traffic signal at mid -block crosswalk and construct trail from 54th Avenue to 56th Avenue (estimated cost $120,000); 6) Install fully actuated traffic control signal at 55th Avenue and construct trail from 54th Avenue to 56th Avenue estimated cost $150,000); 7) Construct a pedestrian crossing bridge and construct trail from 54th Avenue to 56th Avenue (estimated cost $250,000). He said that pedestrian bridges have not been effective or used in other locations. They must be built to handicapped standards, and this results in an excessive ramp distance. He recommended that the Council receive the Study results and support the flashing beacon access alternative with trail construction on the west side of Northwest Blvd. Under this alternative, the 55th Avenue painted crosswalk would be eliminated and painted in this location. The flashing beacon would be at the park driveway. He further recommended that if tax increment finance funding is not available, the Council consider this capital improvement as a part of the 1995 Trail Improvement Program. Councilmember Edson asked how the flashing light would work. Director Moore said that Northwest Blvd. will become a county road and this issue will be discussed with the county. He believes that they would favor having the beacon flash only when a pedestrian pushes a button on the sign. Councilmember Edson stated that he removed Item 6 -DD from the consent agenda in order to include this trail on the west side of Northwest Blvd. Manager Johnson said that the trail segment is on the proposed trail plan. Wayne Martin, 13245 55th Avenue, said the biggest problem is during the evening rush hour when there is heavy pedestrian and vehicle use. He supported the flashing beacon as a good first step, but encouraged the Council to consider a pedestrian activated device or a traffic light that would stop traffic. Regular Council Meeting November 7, 1994 Page 18 Roger Berkowitz, 13235 55th Avenue North, agreed with the staff report, but would like a pedestrian activated stop light in front of the park. He said there was a large cost difference -- $85,000 for the trail and beacon vs. $120,000 for the trail and pedestrian activated stop light. He believes the cost should be identical. A stop sign could also be considered at the park entrance. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to receive the Pedestrian Access Study at Northwest blvd. and Bass Lake Playfield and support Alternative 3: Install overhead actuated flashing beacons at mid -block crosswalk and construct trail between 54th Avenue to 56th Avenue. The intent is that the flashing beacon will be tried first, and the wiring will be in place if a pedestrian activated light is needed in the future. Councilmember Helliwell asked if state law requires a motorist to stop if this beacon is flashing and a pedestrian is present. Public Safety Director Gerdes stated that a vehicle must yield to a pedestrian, but there would be no legal requirement to stop. Councilmember Edson stated that 18 seconds seems to be a short time for pedestrians to cross the street and the flashing light may have to be on longer than that when a pedestrian is present. Councilmember Helliwell asked if there would be a flashing light on both sides of the street. Councilmember Anderson said that the intent of his motion is that an overhead light would be installed. Councilmember Lymangood questioned the difference between Alternatives 3 and 5. He noted that to install a pedestrian activated stop light (red/green/amber) would cost $35,000 more than the flashing amber. He asked if the City will have less discretion to upgrade to the stop light when this becomes a county road. Manager Johnson stated that the construction of the improvements will be done in the spring, 1995. Attorney Barnard stated the County has jurisdiction over the roadway once it becomes a county road. Councilmember Helliwell stated she has concerns about the flashing beacon and believes the City should move ahead with the pedestrian activated traffic signal now. She noted that the cost is only $35,000 more for a much safer option. Regular Council Meeting November 7, 1994 Page 19 Director Moore noted that $73,000 of the $85,000 total estimated cost is for the trail construction. He stated that warrants are not currently there to provide a fully activated pedestrian crossing - even during peak hours. The volume of pedestrians would have to significantly increase to meet the warrants. Councilmember Anderson withdrew his motion. Charlie Lindgren, 13240 55th Avenue North, stated that there are 10-15 lots that are not yet developed on the west side of Northwest Blvd. in this area. Northwest Blvd. will have increased vehicle and pedestrian traffic in future years. MOTION was made by Councihnember Edson, seconded by Councilmember Lymangood, to receive the Pedestrian Access Study at Northwest blvd. and Bass Lake Playfield and support Alternative 5: Install actuated pedestrian crossing traffic signal at mid -block crosswalk and construction trail from 54th Avenue to 56th Avenue (estimated cost is $120,000). Motion carried, five ayes. ITEM S -D P.O.S. BUSINESS SYSTEMS, SET HEARING FOR TAX INCREMENT FINANCING Community Development Director Hurlburt recommended that the Council adopt a resolution giving preliminary approval to the request by P.O. S. Business Systems, Inc., for $162,700 in tax increment financing assistance, authorizing staff to prepare a tax increment financing plan, setting a public hearing to consider establishing a Soils Condition Tax Increment Financing District, and authorizing execution of a preliminary development agreement. P.O.S. Business Systems currently leases space at 2455 Xenium Lane, and the owner is a Plymouth resident. They are expanding and planning a new 24,834 sq. ft. building on a site on the south side of 45th Avenue, east of Nathan Lane and west of Highway 169. P.O.S. proposes to use TIF assistance to pay for the extraordinary cost of soils correction on the site. The entire property contains soils that are not suitable to support a building, including some wetlands. The application has indicated that without some assistance to help pay for the unusual costs for soil correction, they will not build and may move their business out of Plymouth. She said that an area containing wetlands does not qualify as a soils condition district unless assurances are made which prohibit draining, filling or other alterations of the wetlands. This site will qualify if all requirements of the Wetlands Conservation Act are met. Regular Council Meeting November 7, 1994 Page 20 Director Hurlburt stated that if the City determines that the project meets the criteria for TIF assistance, it must determine how fiscal disparities contributions would be handled, how much assistance will be given to the project, and whether that assistance will be up -front or "pay as you go". With respect to the fiscal disparities contribution, it is estimated that an average homeowner's city property tax bill of $375, would have an additional tax of about 13 cents. This would apply only during the life of the district and assumes that there would not be additional value increases elsewhere to offset. She explained that the City could choose to assist the project to the maximum of TIF available, or could base its decision on other criteria. One concept that has been discussed is to fund only those costs that are excessive for the development of a particular site. In this case, all the improvements except the curb and gutter could be considered "extra" costs - a total of $195,500. However, Plymouth has had a very aggressive policy for preservation of wetlands, and if the Council does not wish to provide financing to fill even the small amount of area that will be filled on this site, the amount of assistance would be $162,500 after deducting the cost of the wetland mitigation expenses. P.O. S. requested that the City provide TIF in a lump sum prior to construction of the project. However, staff recommends a "pay as you go" method which would eliminate risk because the project only receives assistance as it generates funds. MOTION was made by Councilmember Lymangood, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-733 GIVING PRELIMINARY APPROVAL TO A PROPOSAL FOR THE USE OF TAX INCREMENT FINANCING, AUTHORIZING THE PREPARATION OF A TAX INCREMENT FINANCING PLAN AND PUBLICATION OF PUBLIC HEARING NOTICES THEREFOR, AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT IN CONNECTION THEREWITH. Motion carried, five ayes. ITEM 8-E RESOLUTION DESIGNATING INITIAL PUBLIC AREA SNOWMOBILE USE Public Safety Director Gerdes explained that a requirement of the snowmobile ordinance, adopted by the Council on October 3, is that a resolution designate areas for public snowmobile use. A meeting was held on October 26 with about 60 individuals attending. He recommended that the Council adopt a resolution designating certain areas as available for snowmobiles, emergency use, and authorize the Public Safety Department to establish a Snowmobile Task Force to consider other issues relating to the ordinance. Regular Council Meeting November 7, 1994 Page 21 Councilmember Helliwell stated it is important there are areas provided for loading/unloading of snowmobiles from trailers. Councilmember Edson stated he has received many phone calls on this issues, particularly relating to Schmidt Lake and Parkers Lake from residents abutting the lakes. He stated that the Council is only considering the specification of public areas for snowmobiling - not rescinding or amending the ordinance previously adopted. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-734 DESIGNATING INITIAL PUBLIC AREA SNOWMOBILE USE, amending Item 1 to exclude Parkers Lake and Schmidt Lake. Councilmember Edson volunteered to work with a group of representatives from the snowmobile club, abutting homeowner associations, and public safety to discuss snowmobile use on Schmidt Lake, Councilmember Lymangood stated that the Council is not attempting a total and complete ban of snowmobiles in the City, but rather a compromise. This resolution specifies some trails as a first step, and additional areas can be considered later. Councilmember Helliwell stated that she does not view the proposed resolution as a compromise. The Polaris company is located in Plymouth, and there is only a very limited area where snowmobiles can travel in the City. Robert Morris, 15525 45th Avenue North, spoke in favor of the proposed resolution and the establishment of a task force. He described the type of snowmobile violations that occurred in 1994, and said there were a total of 46 complaints. There are 1,592 registered snowmobiles in the City representing about a $6.5 million investment. He stated there are opportunities for enforcement that have not yet been pursued. Randy Hoglund, 6085 Cheshire Lane, stated he is a member of Men USA and Northwest Trails snowmobile organizations. He supports the proposed resolution and said that he would favor Parkers Lake and Schmidt Lake included in the resolution. He said that Northwest Trails is willing to assist with enforcement issues. Regular Council Meeting November 7, 1994 Page 22 Judith Dyrud, 4745 Goldenrod Lane, stated she lives on Schmidt Lake and would like restrictions - but not a total prohibition. She stated that snowmobiles ruined the skating rink that her family created and used for speed skating on Schmidt Lake last year. She would favor an additional restriction to prohibit snowmobiles within 100' of the shoreline when docks or skating rinks are present. Jay Sperry, 11124 Highway 55, represented Polaris. He said that the majority of snowmobiles sold at the Polaris business in Plymouth are sold to Plymouth residents. Many people who live east of I-494 have no access to a trail system, and he would favor limited public road use to gain access to a trail system. He supports this resolution as a first step, but would like to work to allow additional areas for snowmobiling. Jerry Fischer, 2432 Gun Flint Trail, Brooklyn Park, said he is a member of the Brooklyn Park snow patrol. This patrol works with the police department and has been successful in reducing snowmobile problems. In 1994, there were only 15 snowmobile complaints in Brooklyn Park. Dale Wahlstrom, 4685 Goldenrod Lane, represented the Schmidt Lake Homeowners Association. He said the Association does not support elimination of snowmobiling on the lake. They would like to have a task force work with the snowmobiling and homeowner associations to develop regulations for use on the lake. Todd Van Slyke, 14124 Heather Ridge Drive, Rogers, said that any restrictions on snowmobiling in Plymouth affects others on the trail system. He explained that the Northwest Trails organization builds trails by getting permission from landowners. A majority of their meeting time is spent dealing with complaints of landowners and assisting with enforcement. Director Gerdes stated that an organizational meeting for the selection of the task force will be held within a week. Councilmember Helliwell said she will support this resolution with the intent that the task force will quickly move forward and that snowmobilers will have additional trails on which to travel in the near future. Motion carried, five ayes. Regular Council Meeting November 7, 1994 Page 23 MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to authorize establishment of a Schmidt Lake and Parkers Lake task force, with representation from the homeowner associations and Northwest Trails, to return with recommendations for snowmobile use on those lakes, and to authorize establishment of a snowmobile task force as recommended by staff. Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to consider Item 6-1 as the next item and to table Item 6-U (Receive recommendation and order Preliminary Engineering Report for 1995 Street Reconstruction), Item 6-Y (Authorization to accept administration building expansion furnishings design proposal), Item 6 -DD (approve review of additional trail segments for Comprehensive Trail Plan), and 9-A (Utility Billing Change recommendation) to the next regular meeting. Motion carried, five ayes. ITEM 6-I LEONARD BUSCH. LOT DIVISION AND VARIANCES (94117) Leonard Busch, 4045 Highway 101, requested approval of a lot division and variances to allow division of unplatted property and the creation of two parcels less than the 20 -acre minimum lot size in the FRD Zoning District. The 1.25 acre site contains an existing home and would remain occupied by the current homeowners. The 1.5 acre rear parcel would be sold to Len Busch Roses for the business. He stated that he is currently using the back portion of this parcel for uses related to the nursery business and that he has had plans to purchase this property as far back as 15 years ago. Director Hurlburt recommended that Condition 5 of the proposed resolution regarding ownership be deleted. Director Moore stated that a separate tax parcel could be created with no legal means of access. Director Hurlburt said there would be access at the time that the Tony Eiden proposed plat is recorded. Manager Johnson suggested that a condition be placed on the approval that Mr. Busch must combine the parcels - unless the Eiden plat is approved within 180 days providing access. Regular Council Meeting November 7, 1994 Page 24 MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adopt RESOLUTION 94-735 APPROVING LOT DIVISION AND VARIANCE FOR LEONARD BUSCH FOR PROPERTY LOCATED AT 4025 COUNTY ROAD 101 (94117), and RESOLUTION 94-736 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION AND VARIANCE FOR LEONARD BUSCH FOR PROPERTY LOCATED AT 4025 COUNTY ROAD 101 (94117), with the condition that the parcels must be combined unless the Eiden plat is approved within 180 days providing access. Motion carried, five ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adjourn the meeting at 10:20 p.m. Motion carried, five ayes. City Clerk