HomeMy WebLinkAboutCity Council Minutes 02-08-1993MINUTES
REGULAR COUNCIL MEETING
FEBRUARY 8, 1993
The regular meeting of the Plymouth City Council was called to order by Deputy
Mayor Edson at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth
Blvd., on February 8, 1993.
PRESENT: Deputy Mayor Edson, Councilmembers Helliwell, Tierney, and Vasiliou.
Vasiliou left the meeting at 8:30 p.m.
ABSENT: Mayor Bergman
STAFF PRESENT: City Manager Johnson, Assistant Manager Boyles, Public Works
Director Moore, Community Development Director Dillerud, Public Safety Director
Gerdes, Park Director Blank, City Attorney Meller, and City Clerk Rauenhorst
ITEM 5 APPROVE AGENDA
Deputy Mayor Edson requested that an item be added to the agenda relating to
survey of builders and developers.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to approve the agenda with the addition.
Motion carried on a roll call vote, four ayes.
ITEM 6 CONSENT AGENDA
Items 6-A, 6-F, and 6-G were removed from the Consent Agenda.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt the Consent Agenda as amended.
Motion carried on a roll call vote, four ayes.
ITEM 6-A APPROVAL OF MINUTES
Councilmember Tierney corrected the word "efficient' to "inefficient" on Page
25 of the January 25, 1993, City Council minutes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to approve the January 25, 1993, City Council minutes as amended.
Regular Council Meeting
February 8, 1993
Page 51
Motion carried on a roll call vote, four ayes.
ITEM 6-B LUNDGREN BROS. CONSTRUCTION. FINAL PLAT FOR
CHURCHILL FARMS STH ADDITION (93005)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-79 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR LUNDGREN BROS.
CONSTRUCTION FOR CHURCHILL FARMS 5TH ADDITION (93005)
RPUD 90-1).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-80 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
LUNDGREN BROS. CONSTRUCTION FOR CHURCHILL FARMS 5TH
ADDITION (93005) (RPUD 90-1).
Motion carried on a roll call vote, four ayes.
ITEM 6-C PATIO ENCLOSURES INC. AMENDED PUD PLAN AND CUP
9( 3001)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-81 APPROVING AMENDMENT OF
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR PATIO ENCLOSURES, INC. FOR
PROPERTY LOCATED AT 991 YUMA LANE (93001).
Motion carried on a roll call vote, five ayes.
ITEM 6-D DAVID AND MARIE GARBE. CUP FOR HOME OCCUPATION
93( 002)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-82 APPROVING CONDITIONAL
USE PERMIT FOR HOME OCCUPATION FOR DAVID AND MARIE
GARBE LOCATED AT 13305 -56TH AVENUE NORTH (93002).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
February 8, 1993
Page 52
ITEM 6-E AUTHORIZE "NO PARKING" ON SHELARD PARKWAY
MOTION was made by Councibnember Tierney, seconded by Councihnember
Helliwell, to adopt RESOLUTION 93-83 AUTHORIZING THE
INSTALLATION OF "NO PARKING" SIGNS ON SHELARD PARKWAY
AT THE INTERSECTION OF FORD ROAD WITHIN THE CITY OF
PLYMOUTH.
Motion carried on a roll call vote, four ayes.
ITEM 6-F CHANGE ORDER NO. 4, MEDINA ROAD EMPROVEMENTS,
PROJECT 010
Deputy Mayor Edson noted that Change Order No. 4 for Project 010 would add
24,702.73 to the original project cost. The engineer's letter indicates that the
majority of the increased cost is quantity reconciliation. He requested
clarification on how these type of projects are bid. Does the consulting
engineer provide the quantities and the contractor bid a total dollar amount?
Public Works Director Moore stated the consulting engineer estimates the
quantities and they are included in the plans and specifications. The contractors
bid a unit price and multiply that times each estimated quantity.
Councihnember Vasiliou stated that a portion of the cost relates to damage to
curb and gutter. She asked if the City plows this route or if it is contracted, and
if there may be an opportunity to recover the damage costs from a snowplow
contractor.
Director Moore confirmed this is a route plowed by City crews. In instances
like this it may be possible to recover damages from a contracted snowplow
operator if it could be proven that curb damage was caused by the plowing.
MOTION was made by Councihnember Vasiliou, seconded by Councihnember
Tierney, to adopt RESOLUTION 93-84 APPROVING CHANGE ORDER
NO. 4, MEDINA ROAD AiPROVEMENTS, CITY PROJECT NO. 010.
Motion carried on a roll call vote, four ayes.
ITEM 6-G REIMBURSEMENT TO DEVELOPER FOR WATERMAIN
OVERSIZING IN HARBOR WOODS ADDITION (90093)
Deputy Mayor Edson asked how the City monitors the cost when a developer is
required to construct oversized utilities, since the City reimburses the developer
Regular Council Meeting
February 8, 1993
Page 53
for the oversizing. In this particular case, he noted that the construction amount
in the development contract and the final cost were $84,750 and $85,000
respectively.
Director Moore stated that the City requires the consulting engineer to submit
an estimate for the oversizing cost at the time the development contract is
prepared. The City's engineering staff compares the unit price with similar
recent City projects to ensure the prices are comparable. The final cost is based
on the actual quantities required for construction.
MOTION was made by Deputy Mayor Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-85 REIMBURSING DEVELOPER
FOR REQUIRED 16 INCH TRUNK WATERMAIN CONSTRUCTION,
HARBOR WOODS ADDITION (90093).
Motion carried on a roll call vote, four ayes.
ITEM 6-H AWARD CONTRACT FOR SEWER CLEANING UNIT
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-86 AWARDING BID, TRUCK WITH
VACUUM INDUCTOR.
Motion carried on a roll call vote, four ayes.
ITEM 6-I PAYMENT NO. 2. NW -17 TRUNK SEWER PHASE I PROTECT 040
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-87 REQUEST FOR PAYMENT NO.
2, NW -17 TRUNK SEWER - PHASE I, CITY PROJECT NO. 040.
Motion carried on a roll call vote, four ayes.
ITEM 6-J REQUEST FOR SPEED STUDY ON PINEVIEW LANE
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-88 REQUESTING MINNESOTA
DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED
ZONING STUDY ON PINEVIEW LANE FROM NORTHWEST
BOULEVARD TO SCHMIDT LAKE ROAD.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
February 8, 1993
Page 54
ITEM 6-K FINAL PAYMENT FOR MEDINA ROAD IMPROVEMENTS
PROTECT 010
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-89 REQUEST FOR PAYMENT NO. 9
AND FINAL, MEDINA ROAD IMPROVEMENTS, CITY PROJECT NO.
010.
Motion carried on a roll call vote, four ayes.
ITEM 7-A HEARING ON VACATION OF A PORTION OF KINGSVIEW
LANE
Public Works Director Moore presented the staff report on the requested
vacation of a portion of Kingsview Lane, formerly Lake Street, and Lakeshore
Commons adjacent to Lots 18, 19, 20, and 21, Block 2, Suburbandale on
Parker Lake. He recommended approval of the vacation unless new
information is received at the public hearing. He stated easements will be
retained.
Deputy Mayor Edson opened the public hearing on the vacation of a portion of
Kingsview Lane at 7:14 p.m. No one appeared, and the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to adopt RESOLUTION 93-90 AUTHORIZING THE VACATION
OF A PORTION OF KINGSVIEW LANE, FORMERLY LAKE STREET
AND LAKESHORE COMMONS IN SUBURBANDALE ON PARKER
LAKE.
Motion carried on a roll call vote, four ayes.
ITEM 7-B HEARING ON ON -SALE 3.2 AND WINE LICENSE APPLICATION
OF THUNSTROM ENTERPRISES, INC.
Assistant Manager Boyles presented the staff report on the request of Thunstrom
Enterprises, Inc., d/b/a El Meson Restaurant, 1115 Vicksburg Lane, #8, for on -
sale 3.2 and wine liquor licenses. He recommended approval of the license
unless new information is received at the public hearing.
Deputy Mayor Edson opened a public hearing at 7:16 p.m. on the application of
Thunstrom Enterprises, Inc., for on -sale 3.2 and wine licenses at 1115
Vicksburg Lane, #8. No one appeared, and the hearing was closed.
Regular Council Meeting
February 8, 1993
Page 55
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-91 APPROVING ON -SALE 3.2
LIQUOR LICENSE AND WINE LICENSE FOR THUNSTROM
ENTERPRISES, INC.
Motion carried on a roll call vote, four ayes.
ITEM 4-A PUBLIC INFORMATION MEETING ON PROPOSED TRAIN
WHISTLE RESTRICTION ORDINANCE
Deputy Mayor Edson introduced the proposed train whistle restriction
ordinance. He stated the Council will receive information during the public
information meeting and decide if additional information is needed. It is the
Council's intent to only receive information at this meeting, and to take action
at a future Council meeting.
Assistant Manager Boyles stated the purpose of the public information meeting
is to provide the Council with the opportunity to hear resident points of view
with respect to a proposal to regulate train whistles on the Soo Line tracks
between Highway 169 and Larch Lane from 10:00 p.m. to 7:00 a.m. The
proposed restriction would not apply at times when there is a clear and present
endangerment of life or property.
He stated there are an average of eight trains per day on this section of tracks,
operating 24 hours per day, seven days per week. Approximately 11,000 rail
cars travel through Plymouth per week, and hazardous materials are
transported. Trains going westbound through Plymouth travel up to 40 miles
per hour, while eastbound trains travel at about 20 miles per hour. Soo Line
Railroad indicates that safety precautions are in place. The tracks are checked a
minimum of six times per week and are electronically checked on an annual
basis.
Assistant Manager Boyles stated there are currently drop arms and flashing
lights installed at the Zachary and Larch intersections. The Pineview Lane
intersection has lights only. Consequently, any sort of restriction should apply
between Larch Lane and Highway 169 until such time as the drop arms are
installed at intersections west of Larch Lane. The City has made numerous
efforts to contact the Soo Line Railroad in order to prepare the necessary
agreement to install the drop arms at the City's expense in 1993 at the Pineview
Lane intersection so that if the restriction is adopted, it could include this
intersection. The Soo Line Railroad to date has been unresponsive. The
proposed ordinance would initially restrict train whistles only between Highway
169 and Larch Lane.
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February 8, 1993
Page 56
He stated that the City has received complaints about the train whistle from time
to time, and the frequency of concerns has increased. The City Attorney was
requested to research the liability of whistle regulation. He determined that the
City does have the legal authority to limit train whistle; however, it would be
more prudent for the City to require that both lights and drop arms be installed
at any intersection before any form of horn restriction is imposed. Funding for
fights and drop arms at the Pineview Lane intersection is included in the 1993
Capital Improvement Plan.
He stated that 3,700 invitations to this public information meeting were mailed
to residents in the area potentially affected by the train whistle.
Deputy Mayor Edson opened the public information meeting at 7:25 p.m.
Lisa Gustafson, 5185 Holly Lane, stated she drives through the area and is
opposed to the proposed ordinance. She feels the whistle is essential to public
safety and doesn't want the train officials to make judgments on when to blow
it. She stated the people who bought or built their homes adjacent to the
railroad tracks were aware the trains were there.
Frank P. Bifulk, 2255 Cedar Avenue, White Bear Lake, stated he is a
locomotive engineer with Burlington Northern and is opposed to the ordinance.
He is involved in Operation Lifesaver, a program to reduce the number of grade
crossing accidents. He stated the only thing he can do as an engineer to protect
citizens is blow the whistle or the bell. He sees people drive through flashing
red lights and around crossing arms, and described a near accident that occurred
north of St. Cloud when the driver couldn't hear the whistle. He also described
his first grade crossing accident which occurred in October. He stated the
driver did not see the train, but heard the whistle at the last minute.
Councihnember Tierney asked if there were gates at the site of that grade
crossing accident.
Mr. Bifulk stated no; however, the majority of grade crossing accidents occur at
lighted and gated intersections.
Councihnember Tierney stated that under the proposed ordinance, the train
engineer would still have the option of using the whistle if there is a potential
danger.
Mr. Bifulk stated near accidents occur very frequently. Whether there are gates
or lights seems to be unimportant to many people and lights and gates can fail.
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February 8, 1993
Page 57
He stated that with the whistle, there is a better chance of getting drivers'
attention.
Dan Merchant, 1962 Princeton Avenue, St. Paul, stated he works for
Burlington Northern. He is concerned about safety and described his first
casualty accident where there were flashing lights and the train was going less
than 10 mph. He commented on the Florida study, noted in the staff report,
where there was a distinct increase in vehicle/train collisions when a similar
restriction was imposed. He stated that 500 crossings were affected by the
restriction, and data collected in 1990 and 1991 indicated that the nighttime
accidents at these intersections had tripled. He stated this ordinance was
reversed. Mr. Merchant stated he is also concerned for the safety of the train
crews. It is dangerous for a train to stop quickly, and derailment is a risk. This
is also a risk for the community if hazardous materials are aboard. He stated
that visibility from the train is not good, and the engineer cannot predict when a
vehicle will drive around the drop arms. In 1990, 16 people in Minnesota were
killed when they drove around drop arm gates. He stated that a 1934 Supreme
Court ruling gives trains the right-of-way, and train personnel are required to
make its presence known by use of the headlight; whistle, and bell. It is
sometimes difficult for drivers to see the train headlight because it is 16' above
the ground.
Councihnember Vasiliou stated that if the use of the whistle is left to
interpretation of the engineer, the railroad should address the issue of how long
the whistle is blown. The railroad seems to have no concern for the disruption
to lifestyles the noise causes, and there is inconsistency between engineers' use
of the horn. Some engineers use fairly short toots; others "lay on the horn". If
the railroad doesn't want local governments to regulate use of the whistle, they
should be addressing the length of time the whistle is blown. She reported there
was a train/vehicle accident on Sunday morning where the driver hit a train
broadside.
Mr. Merchant stated 25 percent of accidents involve the driver hitting the side
of the train. Two major causes of accidents are driver inattention and alcohol
use. He stated the railroad also uses the whistle as a communication device
between trains. There is no language in the proposed ordinance which would
allow that.
Ron and Pati Rosenzweig, 5105 Oakview Lane, spoke in favor of the
ordinance. Mr. Rosenzweig stated that installation of lights and crossing arms
at the intersection is sufficient to let drivers and pedestrians know a train is
approaching. He agreed that the engineer should have discretion to use the
whistle when there is a danger, and stated it is the parents' responsibility to
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February 8, 1993
Page 58
educate children of the dangers of trains. He favored the ordinance 24 hours
per day, as children are sleeping in the afternoon and before 10 p.m. He stated
they have their windows shut and air conditioning or heat on all year due to the
train noise. They cannot enjoy peace and tranquillity in their home. He
requested that the crossing arms at Pineview Lane be installed by summer so
that area can be included under the ordinance.
Mrs. Rosenzweig stated she is very concerned about safety. They regard the
train horns as a nuisance, and as a result, they can't enjoy their home at any
time. She stated that she and her husband grew up near railroad tracks, and
they were aware of the tracks when they moved to their current home.
However, they were unaware that the noise would be so significant. She
favored a 24 hour restriction.
Howard and Jody Sigel, 5120 Norwood Lane, spoke in favor of the ordinance.
Mr. Sigel stated that it is unfortunate that this issue has to be discussed in terms
of a noise nuisance. He believes it is the fault of the Soo Line which has been
unwilling to discuss the issue with the neighbors who have expressed concern
about the noise. He stated the whistle restriction ordinance is a compromise,
and a driver has to take some responsibility for their actions if they ignore
flashing lights and drop arms.
Harry Bauer, 11625 28th Avenue North, stated he has lived by the Soo Line
tracks for 75 years and loves to hear the whistle. He stated that people who
built homes adjacent to the tracks, knew the train was there. He believes the
whistle is needed because some people will ignore the drop arms and flashing
lights. Mr. Bauer compared this issue to the airport noise problem, and stated
that any change will cost the taxpayers money.
Bradd Lasch, 13245 46th Avenue North, stated he lives 100 yards from the
track and supports the proposed ordinance. He would like to see the restriction
area extend from I-494 to Highway 169.
Deputy Mayor Edson explained that the rationale for not including the area
beyond Larch Lane in the proposed ordinance is that there are no drop arms.
The Council has included money in Capital Improvement Program in 1993 for
the Pineview improvements, and when Northwest Boulevard is completed, there
will be a bridge over the tracks. Until those two items are in place, the City
believes there need to be lights and drop arms at each intersection where the
whistle would be restricted.
Robert Fernelius, 5220 Larch Lane, opposed the proposed ordinance. He stated
he was aware of the tracks when he built his home in 1989 and doesn't consider
Regular Council Meeting
February 8, 1993
Page 59
the whistle annoying. He stated that not that many trains go through and he
would like the present system left in place.
Michael Erickson, 12620 52nd Avenue North, stated he is concerned about
safety. He has lived in the area for seven years and the number of trains has
increased in that time. He supports a 24 hour whistle restriction, if lights and
cross arms are in place as prudent protection. He stated that drivers need to use
common sense and be responsible for their actions.
Barry O. Karlberg, 5165 Goldenrod Lane, stated he is a locomotive engineer
who operates in Minneapolis where there is a whistle restriction ordinance. He
stated that all he can do to protect people is ring a bell. The law requires him to
starting sounding the whistle 1/4 mile before an intersection, with the last blast
through the intersection. He stated the whistle is the only audible warning
engineers can give, and grade and loads are factors in how fast a train can stop.
He stated motorists cannot judge the distance of a train from its headlight. He
has not personally heard abusive use of the whistle. Mr. Karlberg discussed the
dangers of teenage drivers and substance abuse, and that late at night people will
more likely drive around the drop arm gates.
Mark Larson, 5250 Yorktown Lane, stated he supports the proposed ordinance
to alleviate noise.
Marge Runnakko, 10440 49th Avenue North, spoke in opposition to the
proposed ordinance. She stated that potential liability issues for the City in the
event of an accident should be addressed, and that teenage drivers with loud
music in their cars need the whistle. She feels that restricting the whistle is
going too far.
Nancy Sinard, 3060 Rosewood Lane, stated she works for a law firm and
believes the City should be prepared to defend itself in the event of an accident
if the ordinance is adopted. She believes the City should consider the potential
liability issues.
Sue Wahl, 11600 49th Avenue North, stated she is a new resident of Plymouth.
She favors the proposed ordinance including the 10 p.m. to 7 a.m. restriction,
but feels it may be unenforceable. She stated the railroad personnel have
indicated they may not pay attention to it, and the City may find it difficult to
enforce.
Gerald Phelm, 12510 53rd Avenue North, favored the proposed ordinance. He
is affected by the noise of the train from Pineview to Larch, and favors
installation of crossing arms at Pineview Lane. He stated the Pineview Lane
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February 8, 1993
Page 60
crossing arms should have been the responsibility of the Soo Line and not paid
by the City. He requested that once the crossing arms are installed at Pineview
Lane, the ordinance should be automatically extended to cover that area as well.
Jerry Knickel, 1000 Shop Road, St. Paul, stated he is Assistant Division
Manager for Soo Line Railroad. He spoke in opposition to the proposed
ordinance, and stated this is the first time he has been invited to a forum in the
last two years. Mr. Knickel stated it is difficult for him to consider
compromises on this issue because he does not like to compromise safety, and
the proposed ordinance would be difficult to enforce. He described two
fatalities in which he was involved in his eight years as a locomotive engineer,
and stated there is also a concern with the crew safety in the event of a
derailment.
Councihnember Vasiliou left the meeting at 8:30 p.m.
Deputy Mayor Edson stated the City has corresponded with the Soo Line on
numerous occasions but has received no adequate response.
Ryan L. Huettl, 1354 St. Andrew Blvd., Eagan, stated he is a Train Master for
Soo Line Railroad and opposes the proposed ordinance. He stated the whistle is
one protective device to use when motorists violate the crossing arms and
flashing lights. He showed photos of train/vehicle accidents, and stated that
motorists tend to misjudge the speed of an oncoming train. He stated that if the
ordinance is adopted, visual obstruction at intersections due to grade and/or
trees will have to be addressed.
Bob Willock, 12810 50th Avenue North, represented the Bass Lake Homeowner
Association. He spoke in favor of the ordinance to alleviate noise pollution and
thanked the Council for planning for the Pineview Lane crossing arms. He
noted that the proposed ordinance does not take away the use of the horn in any
safety situation. He stated that teenagers playing loud music in their vehicles
may not hear the whistle anyway, and he encouraged the Council to make a
decision on the proposed ordinance as soon as possible.
Lee Bennett, 5425 Underwood Lane, stated he chose to live near the railroad
tracks. He opposes the ordinance because it would jeopardize safety.
Roger Bjorlin, 12110 54th Avenue North, stated the Soo Line should modify
their training procedures to reduce the length of the whistle. Some engineers
blow the whistle much longer than others. He believes there is room for
compromise on this issue if the railroad could establish a standard length for the
short and long whistle blasts and engineers complied with that standard.
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February 8, 1993
Page 61
Tom Oestreich, 12250 51st Avenue North, opposed the ordinance. He built his
home in 1979 and lives about 500 yards from the tracks. He stated there are a
number of children that play on and around the tracks and the lack of a horn
could jeopardize their safety. He stated that people who built or purchased
homes near the tracks knew the train was there.
Kathleen Radke, 4825 Valley Forge Lane, opposed the proposed ordinance.
She has lived in Plymouth since 1985, and stated that the trains are not more
frequent or the whistles louder since that time. She stated the increase in the
number of concerns expressed to the City is due to people building homes closer
to the railroad tracks. She feels this is too important an issue on which to
compromise.
Joe Cohen, 12125 53rd Avenue North, supported the proposed ordinance,
including the time restriction. He stated that children should not be playing on
or near the tracks during the 10 p.m. to 7 a.m. period. He expressed concern
about the speed of the trains and stated that someone should monitor the speed
of the trains and whistle decibels as some trains are much louder than others.
Craig Laughlin, 12410 53rd Avenue North, questioned whether the City's
figure of an average of eight trains per day is correct. He stated there are at
least five to six trains between midnight and 6:00 a.m. Mr. Laughlin believes
some of the engineers abuse the whistle. Once he counted a continuous whistle
blast for 12 seconds. He stated drivers have to be responsible for their actions.
He asked if there are statistics that show the safety difference between the use of
a whistle only or crossing arms only.
Ken DeVine, 11600 47th Avenue North, stated he is an engineer for Burlington
Northern Railroad and is opposed to the ordinance. He stated that engineers'
use of the horn is based on their personal experience. Those who "lay on the
horn" may have been involved in a recent accident.
Brad Kalin, 5115 Ives Lane, stated that residents are not asking that trains be
banned - only the noise regulated. He would support limiting the restriction
from midnight to 6 a.m. if that compromise were needed in order to get the
ordinance adopted. He also suggested that train speeds be limited to 20 mph
within the City.
Bruce F. Rogers, 10840 55th Avenue North, stated he was aware of the train
when he purchase his home, and he had grown up adjacent to train tracks. His
main concern is with safety, and he believes that restricting the use of the
whistle takes away a degree of safety. He stated that adoption of the ordinance
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February 8, 1993
Page 62
could result in a lawsuit against the City in the event of an accident. Even if the
City's position is upheld, there could be defense costs. He questioned if
Minneapolis has experienced increased lawsuits or additional costs as the result
of its whistle restriction ordinance.
Mark Walker, 12530 52nd Avenue North, supported a 24 hour whistle
restriction. He stated that everyone does not work during the day - some work
nightshifts and sleep during the day. He believes safety is adequate if engineers
are allowed to blow the whistle in the event of danger.
Jim Thoermer, 10823 53rd Avenue North, spoke in favor of the ordinance. He
stated that many of the accidents related by the engineers who spoke would not
have been avoided whether or not a whistle restriction was in place. He asked
if the crossing arms could be lengthened so vehicles could not drive around
them, or if the horns could be mounted at the crossing rather than on the train
so the sound would be more directed at the crossing.
Pamela Neu, 12425 53rd Avenue North, supported the ordinance. She
purchased her home 1 1/2 years ago and was provided with incorrect
information by the builder and the railroad. She stated the railroad informed
her there were six trains per day - there are always at least 10 to 12 trains per
day. Her builder informed her that the whistle would not be a nuisance. She
stated the whistle can be heard continuously from Pineview Lane through to
Larch Lane.
Phil Deeney, 5155 Goldenrod Lane, spoke in opposition to the ordinance. He
served on a Governor's Task Force to improve safety at railroad crossings as the
result of a 1989 incident where a school bus was hit by a Soo Line train. He
stated there are three criteria in reducing the number of accidents: engineering,
education, and enforcement. The task force researched the relationship between
accidents and crossing arms/whistle. The railroad indicated there is nothing to
link these statistically. He stated that 25 percent of the accidents involved
drivers hitting the side of a train. Mr. Deeney stated the Task Force determined
there was no root cause of the accidents, but that the more safety precautions
that are implemented, the less likely there will be an accident. One precaution
is to reduce the number of crossings. He stated the Task Force investigated
longer crossing arms; however, it did not work because vehicles still tried to
drive through and got stuck in the arms.
Councihnember Tierney asked if the task force studied liability issues.
Mr. Deeney stated no. The task force only addressed increasing railroad
crossing safety, regardless of cost.
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February 8, 1993
Page 63
David Barstad, 12915 54th Avenue North, spoke in favor of the proposed
ordinance. He stated that he had contacted a Soo Line representative about this
problem about a year ago, but never received a response. He stated that
Chicago has a whistle restriction ordinance and questioned whether the City
may have statistics available on the success of the ordinance. Mr. Barstad
would like the ordinance extended to the West Medicine Lake Drive and
Pineview Lane intersections as soon as possible.
James P. Max, 7425 165th St., Rosemount, opposed the ordinance. He is a
railroad engineer and has hit five vehicles during his career. He stated that
drivers make mistakes at crossings and misjudge the speed of the oncoming
train. There were 300 children injured in auto/train accidents last year. Mr.
Max stated that engineers who excessively blow the whistle, were probably
recently involved in an accident. He stated that longer crossing arms do not
work; however, center islands have proven successful.
Mike Cleary, 12515 59th Avenue North, opposed the ordinance. He was
involved in a crossing accident when he was ten years old and does not believe
anything should be done which could compromise safety.
Al Zachman, 5235 Arrowood Lane, stated he has lived in the area for 14 years
and is opposed to the ordinance. He has watched children playing around and
on the tracks, even late at night. He does not have air conditioning and his
windows are open in the summer, but the train noise does not bother him. Mr.
Zachman stated that crossing arms and flashing lights can malfunction and the
whistle is needed.
Mr. Bifulk again addressed the Council. He stated that warning devices are
designed so they fail with the gates down and the lights on; however they can
fail the other way. In those cases, the whistle is the only warning device.
Mr. Rosenzweig again addressed the Council. He stated the Soo Line
management has refused to communicate with residents or the City on this
issue. If the City Council is not going to restrict the whistle, he suggested that
they restrict development within one-half mile of the railroad tracks. He stated
that the tax base of the City will suffer if people refuse to purchase or build
homes near the railroad tracks.
Deputy Mayor Edson closed the public information meeting at 9:45 p.m.
Regular Council Meeting
February 8, 1993
Page 64
ITEM 8-A LUNDGREN BROS. CONSTRUCTION COMPANY. FINAL PLAT
FOR AUTUMN HILLS (92060)
Community Development Director Dillerud stated the Council previously
approved a conventional Preliminary Plat for 50 single family detached lots on
approximately 44 acres lying west of Vicksburg Lane at 46th/47th Avenue
North. A stipulation of that approval was that a Final Plat application not be
accepted until the public sewer to serve the parcel is under consideration. This
is now the case, and the initial Final Plat is proposed for 26 of the 50 lots, with
the balance of the plat designated as an outlot. He stated the developer has
returned an unexecuted Development Contract explaining that they object to
Item 13 of the City Engineer's Memo dated August 6, 1992. This condition
specifies that acceleration/deceleration lanes be provided at the intersection of
Vicksburg Lane and 47th Avenue North; and that a bypass lane be provided for
northbound traffic on Vicksburg Lane.
Public Works Director Moore showed a map of the intersection, and the
location of the proposed lanes. He stated Vicksburg Lane is a minor arterial
street in the Comprehensive Plan, and these lanes are needed for safety. The
projected traffic volumes for this area in the year 2010 are estimated to be 7,000
vehicles per day. In 1991, the traffic volume was about 2,250 vehicles per day.
He responded to the three points outlined in the developer's letter: 1) No other
single family development has been required to install right -turn lanes or bypass
lanes; 2) City has no formal policy with respect to this issue; and 3) There are
two nearby intersections, 46th Avenue and 43rd Avenue, where these lanes
were not required.
Director Moore stated there are numerous residential developments on Zachary
Lane between County Roads 9 and 10 where turn lanes were required. He
stated that not requiring turn lanes of the developer at 43rd Avenue was an error
on staff's part. When the development at 46th Avenue was installed, Vicksburg
Lane was not yet paved and it was too far into the future to determine whether
turn lanes would be required.
Councilmember Tierney asked if Vicksburg Lane is slated to be widened in the
future.
Director Moore stated that the traffic projections estimated in 2010 would not
normally necessitate additional street width. However, it could occur in the
future if Vicksburg Lane is connected to Maple Grove and the area currently
outside of the MUSA is developed.
Regular Council Meeting
February 8, 1993
Page 65
Deputy Mayor Edson questioned the approximate cost of the required
improvements.
Director Moore stated no estimates have been prepared.
Mike Pflaum, Lundgren Bros. Construction Company, stated the proposed
development will not generate a significant amount of traffic. One-third of the
units in the development will not use 47th Avenue as the primary access. He
concurred with the information provided by Director Moore, however, he
questioned if the City has required both turn lanes and a bypass lane of a
developer. He suggested that the City develop a policy to fairly and
consistently deal with this issue in the future. He estimated the cost estimate at
about $30,000.
Rick Sathre, Sathre-Bergquist Inc., stated that many of the homes in the
proposed development will not use 47th Avenue as the primary access. He
stated a consistent policy would be a good idea so developers know what to
expect. He stated that in the majority of other cases, only right -turn lanes have
been required of a developer. He does not believe the developer should be
required to pay for all three lanes, and concurred that the cost would be about
30,000.
Deputy Mayor Edson asked which lane Mr. Sathre believes is most important.
Mr. Sathre stated the bypass lane would be the most useful to the motoring
public.
Director Moore stated the bypass lane is a priority at this intersection.
Deputy Mayor Edson agreed that the bypass lane is needed from a traffic
control standpoint, with the traffic acceleration lane going south as next
important.
Mr. Sathre estimated that the bypass lane would constitute about 60 percent of
the total cost, and the other two lanes about 20 percent each.
Councihnember Helliwell stated this is a heavily traveled road and she feels all
three proposed lanes are needed. She believes the developer should be required
to pay the full cost for the improvements, and agrees that a consistent policy
should be adopted by the Council.
Deputy Mayor Edson suggested that Condition No. 1 of the proposed approving
resolution be amended to provide that the developer shall pay for the bypass
Regular Council Meeting
February 8, 1993
Page 66
lane and the City pay for the acceleration and deceleration lanes if the City
Engineer feels they are necessary. He stated that he is not proposing this as a
precedent for future requests, and the Council should independently consider a
policy.
MOTION was made by Deputy Mayor Edson, seconded by Councihnember
Tierney, to adopt RESOLUTION 93-92 APPROVING FINAL PLAT FOR
LUNDGREN BROS. CONSTRUCTION COMPANY, INC. FOR
AUTUMN HILLS" FOR PROPERTY LOCATED NORTHWEST OF
46TH AVENUE NORTH AND VICKSBURG LANE (92060), with the
amendment that the developer shall pay for the bypass lane and the City
shall pay for the acceleration and deceleration lanes if the City Engineer
determines they are necessary.
Motion carried on a roll call vote: Tierney and Edson ayes; Helliwell nay.
MOTION was made by Deputy Mayor Edson, seconded by Councihnember
Tierney, to adopt RESOLUTION 93-93 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
LUNDGREN BROS. CONSTRUCTION COMPANY, INC. FOR
AUTUMN HILLS" FOR PROPERTY LOCATED NORTHWEST OF
46TH AVENUE NORTH AND VICKSBURG LANE (92060), amending
Condition No. 1 (City Engineer's Memorandum #13) to provide that the
developer shall pay for the bypass lane, and the City shall pay for the
acceleration and deceleration lanes if the City Engineer determines they are
necessary.
Motion carried on a roll call vote: Tierney and Edson ayes; Helliwell nay.
MOTION was made by Deputy Mayor Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-94 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 312, SANITARY SEWER AND WATERMAIN AREA -
AUTUMN HILLS.
Motion carried on a roll call vote: Tierney and Edson ayes; Helliwell nay.
ITEM 8-B AUTHORIZE JOINT DEFENSE AGREEMENT AND DESIGNATE
LEGAL FIRM FOR MPRS SUIT
Public Safety Director Gerdes explained the law suits commenced by John
Starks and Christopher Fields against the Minnesota Police Recruitment System
MPRS) alleging that this joint powers group engaged in activities which had a
racially discriminatory impact on them. The thirty-six cities that make up the
Regular Council Meeting
February 8, 1993
Page 67
MPRS have been named as defendants, along with MPRS. He stated that
Plymouth has hired 24 officers through MPRS. The City pays $500 annually
and $600 per officer hired. He stated that in order to ensure that all defendants
are represented in the most cost effective manner, MPRS has suggested that the
individual cities enter into a Joint Defense Agreement with Holmes and Graven
agreeing to defend the 36 cities, as well as MPRS. He stated that the City
Attorney has recommended that the Council execute the Joint Defense
Agreement. The assessment for MPRS defense is $500 per city. If there are
any costs in excess of this amount, they are proposed to be assessed against
individual cities based upon population.
MOTION was made by Councihnember Helliwell, seconded by Councihnember
Tierney, to adopt RESOLUTION 93-95 AUTHORIZING HOLMES AND
GRAVEN TO REPRESENT THE CITY OF PLYMOUTH IN LAWSUITS
COMMENCED BY JOHN STARKS AND CHRISTOPHER FIELDS AND
APPROVING THE JOINT DEFENSE AGREEMENT.
Deputy Mayor Edson asked if Plymouth had representatives at the MPRS
meeting to discuss this issue, and if there was discussion on how any potential
settlement costs could be shared.
Director Gerdes stated he represented the City. Cost sharing by population and
by use were discussed as methods for assessing the costs of any potential
settlement. The group decided that the issue of cost sharing should not be
considered at this time since it is possible there will be only defense costs and
no settlement cost.
Deputy Mayor Edson stated concern about going ahead with the joint defense
agreement when the method for splitting any potential settlement cost has not
been decided. He suggested that use of MPRS would seem to be a more fair
method for cost sharing than by population.
Director Gerdes stated the direction of the discussion at the MPRS meeting was
toward a split by population and it is certainly possible that there will be no
costs beyond the defense costs. Therefore, the settlement cost sharing issue was
not pursued at this time by the MPRS.
Attorney Meller stated this problem is inherent in any joint defense agreement.
He stated the answer to the lawsuit is due in two weeks and he believes it is
prudent to jointly respond to the suit, rather than have 36 separate responses.
He stated the important issue at this point is to offer an answer to the suit.
Regular Council Meeting
February 8, 1993
Page 68
Director Gerdes stated there is a revocation clause in the joint defense
agreement. The City is obligated to the defense of MPRS, but Plymouth could
withdraw as a party to the joint defense agreement.
Manager Johnson stated staff is still investigating the possibility of the LMC
Insurance Trust covering the costs of the suit. He has also asked staff to
investigate other joint powers agreements to which the City is a party and to
evaluate whether a similar problem could occur.
Motion carried on a roll call vote: Tierney and Helliwell ayes; Edson nay.
ITEM 8-C SELECTION OF CONSULTANT TO PREPARE PARK AND
RECREATION SURVEY
Park and Recreation Director Blank stated as directed by the Council, the Park
and Recreation Advisory Commission (PRAC) has been working on the
preparation of a city-wide comprehensive survey dealing with park and
recreation issues. A request for proposals was sent to four companies, and two
proposals were received. A PRAC subcommittee reviewed the proposals and
recommends that the Minnesota Center for Survey Research be selected to do
the survey. Their fee is $8,750. The fee proposed by the other vendor,
Drozdal Company, is $8,425. Director Blank stated the subcommittee felt that
Minnesota Center for Survey Research has done a fair amount of work of the
size and magnitude desired for the Plymouth survey.
Director Blank stated that if the Council approves the selection of a consultant,
the consultant will be directed to draft the questionnaire which would go to
PRAC and the Council for review. There would be a pre-test, and then a final
review by PRAC and approval by the Council.
Councilmember Helliwell stated she appreciates the work done by PRAC on the
survey to date, but questioned if this is the appropriate time to spend money on
a survey or if it is needed now. She stated the Council has not indicated an
interest in immediately moving ahead with further major park projects, and she
questioned whether the results of the survey would be used or could be come
outdated by the time they are needed.
Tom Johnson, PRAC Chairperson, agreed that is a valid concern. He stated
that PRAC receives a great number of requests and it is difficult for the
Commission to respond to those requests without data on the desires of the
community as a whole. He stated PRAC lacks information from which to make
decisions and recommendations to the Council.
Regular Council Meeting
February 8, 1993
Page 69
Deputy Mayor Edson stated he served on the subcommittee on this issue. The
survey is not meant to only address capital items. For example, it will address
park maintenance, park priorities, and program ideas as well. The survey will
evaluate how well the City is doing with what is currently in place. He stated
the Council directed PRAC about a year ago to prepare this survey and PRAC
has responded to this direction. It is important for PRAC, the City staff, and
the Council to have this information for long-term planning.
Councilmember Helliwell stated she will support moving ahead with the survey
since it was previously directed by the Council and since the survey will
evaluate current services - not only ask what new facilities are desired.
In response to a question by Councilmember Tierney, Director Blank stated the
last survey was conducted in 1987. Prior to that time, a park survey was
conducted every two to three years.
Assistant Manager Boyles stated a city-wide survey on a variety of services was
previously conducted and the information was used by the City. He cited
examples of animal control and park trails where the Council made ordinance
and policy changes based on the results of the citizen survey.
MOTION was made by Deputy Mayor Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-96 APPROVING CONSULTANT
SERVICES FOR A PARK AND RECREATION SURVEY.
Motion carried on a roll call vote, three ayes.
SURVEY OF BUILDERS AND DEVELOPERS
Deputy Mayor Edson suggested that the City conduct a survey of builders and
developers to gain feedback on City policies and procedures. He stated that the
annual Real Estate Journal ranking of cities' development climates prompted
this idea in order to improve the perception of the development climate in
Plymouth. He suggested that the survey be provided to developers and builders
who have worked in the City in the last two years. He stated that an
anonymous survey may provide the City with valuable information on what it is
doing right and what it could do better in this area.
MOTION was made by Deputy Mayor Edson, seconded by Councilmember
Tierney, to direct staff to prepare a draft survey for Council review to be
distributed to builders, developers, and real estate brokers to gain feedback on
City policies and procedures relating to development and construction in
Plymouth.
Regular Council Meeting
February 8, 1993
Page 70
Councilmember Helliwell questioned the estimated cost for such a survey, and
stated that the staff has regular meetings with developers and builders. This
could be duplication of effort and cost.
Manager Johnson stated the cost should be minimal, e.g. staff time, supplies,
postage. He stated the survey could be brief and uncomplicated, with a list of
questions on several basic topic areas.
Community Development Director Dillerud stated the staff conducts periodic
meetings with builders, developers, and brokers. However, he does not believe
the information received through an anonymous survey would be duplication.
Motion carried on a roll call vote: Tierney and Edson ayes; Helliwell nay.
DRAFT PROPOSED POLICY
MOTION was made by Deputy Mayor Edson, seconded by Councilmember
Tierney, to direct staff to prepare a proposed policy on the requirement of
bypass lanes, turn lanes, acceleration lanes, and deceleration lanes for
development, including when they are needed and cost responsibility.
Motion carried, three ayes.
ITEM 8-D STUDY SESSION TOPICS AND SCHEDULE
The Council reviewed the pending Study Session meeting topics and scheduled
the Planning Commission Ward 4 and Financial Advisory Committee interviews
for 6:30 p.m. on February 15.
ITEM 8-E CITY COUNCIL EVFORMATION MEMORANDUM
Councilmember Tierney asked when the Council/staff teambuilding session
would be conducted. Deputy Mayor Edson stated staff could contact Harry
Brull to get possible dates for Saturdays when he would be available to conduct
the session. He prefers late March or after April 15 for the session. The
Council directed staff to get possible dates from Harry Brull and to place the
teambuilding item on a future agenda for decision on a date.
The meeting was adjourned at 11:20 p.m.
City Clerk