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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. Regular Council Meeting 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. Regular Council Meeting 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 Regular Council Meeting 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 Regular Council Meeting 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. Regular Council Meeting 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 Regular Council Meeting 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. Regular Council Meeting 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