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