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HomeMy WebLinkAboutCity Council Minutes 03-15-1993MINUTES REGULAR COUNCIL MEETING MARCH 15, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:04 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on March 15, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: None STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Dillerud, Public Safety Director Gerdes, Park Director Blank, Finance Director Hahn, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A ARBOR DAY PROCLAMATION Mayor Bergman presented a proclamation for Arbor Day to City Forester Paul Buck. Forester Buck stated the City has been designated a Tree City USA for the ninth year and invited Councilmembers and residents to participate in an Arbor Day tree planting event at the Zachary Water Treatment Facility. ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to approve the agenda. Motion carried on a roll call vote, five ayes. ITEM 6 CONSENT AGENDA Item 6-A was removed from the Consent Agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. Regular Council Meeting March 15, 1993 Page 2 ITEM 6-A APPROVE MINUTES Councilmember Tierney noted typographical changes on Page 108 and 110 of the March 1 minutes, and a change on Page 110 to indicate a comment relating to the Head Start Program was made by Councilmember Vasiliou. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to approve the minutes of the February 15 Board and Commission Interviews, February 22 Commission Interviews, February 22 Study Session, February 22 Forum, February 22 Regular Meeting, March 1 Joint Meeting with School District 279, and March I Regular Meeting as corrected. Motion carried on a roll call vote, five ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-135 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING FEB. 28, 1993. Motion carried on a roll call vote, five ayes. ITEM 6-C APPROVING CIGARETTE LICENSE FOR WALGREEN'S MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-136 APPROVING 1993 CIGARETTE LICENSE APPLICATION for Walgreens. Motion carried on a roll call vote, five ayes. ITEM 6-D APPROVING GARBAGE HAULER LICENSE FOR QUALITY WASTE CONTROL INC. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-137 APPROVING GARBAGE HAULER LICENSE FOR QUALITY WASTE CONTROL INC. Motion carried on a roll call vote, five ayes. Regular Council Meeting March 15, 1993 Page 3 ITEM 6-E CITY OF PLYMOUTH HRA. PREL./FINAL PLAT FOR ONE LOT SUBDIVISION (93010) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-138 APPROVING PRELIMINARY PLAT FOR THE CITY OF PLYMOUTH FOR ROCKFORD ADDITION LOCATED AT THE SOUTHEAST CORNER OF ROCKFORD ROAD AND FERNBROOK LANE (93010). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-139 APPROVING FINAL PLAT FOR THE CITY OF PLYMOUTH FOR ROCKFORD ADDITION LOCATED AT THE SOUTHEAST CORNER OF ROCKFORD ROAD AND FERNBROOK LANE (93010). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-140 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR THE CITY OF PLYMOUTH FOR ROCKFORD ADDITION LOCATED AT THE SOUTHEAST CORNER OF ROCKFORD ROAD AND FERNBROOK LANE (93010). Motion carried on a roll call vote, five ayes. ITEM 6-F KRUTZIG HOMES INC. FINAL PLAT FOR BOULDER RIDGE 3RD ADDITION (93013) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-141 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR KRUTZIG HOMES, INC. FOR BOULDER RIDGE 3RD ADDITION LOCATED AT THE SOUTHEAST CORNER OF COUNTY ROAD 10 AND ZACHARY LANE (93013). Motion carried on a roll call vote, five ayes. Regular Council Meeting March 15, 1993 Page 4 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-142 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO RPUD FINAL PLAT/PLAN FOR KRUTZIG HOMES INC., FOR BOULDER RIDGE 3RD ADDITION LOCATED AT THE SOUTHEAST CORNER OF COUNTY ROAD 10 AND ZACHARY LANE (93013). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-143 ADOPTING ASSESSMENTS, CITY PROJECT NO. 315, SANITARY SEWER AND WATERMAIN AREA - BOULDER RIDGE 3RD ADDITION. Motion carried on a roll call vote, five ayes. ITEM G 1991 STREET RECONSTRUCTION PHASE I. PROJECT 102 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-144 APPROVING CHANGE ORDER NO. 1, 1991 STREET RECONSTRUCTION - PHASE H, CITY PROJECT NO. 102. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-145 REQUEST FOR PAYMENT NO. 5, 1991 STREET RECONSTRUCTION - PHASE H, CITY PROJECT NO. 102. Motion carried on a roll call vote, five ayes. ITEM 6-11 RECEIVE PRELIMINARY ENG. REPORT AND ORDER IMPROVEMENTS FOR BRIDLEWOOD FARMS 3RD ADDN., PROJECT 304 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-146 RECEIVING PRELIMINARY ENGINEERING REPORT, ORDERING PLANS AND SPECIFICATIONS, BRIDLEWOOD FARMS 3RD ADDITION, STREET AND UTILITIES, CITY PROJECT NO. 304. Motion carried on a roll call vote, five ayes. Regular Council Meeting March 15, 1993 Page 5 ITEM 6-I APPROVING INSTALLATION OF STOP SIGNS AT VARIOUS LOCATIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-147 INSTALLATION OF STOP SIGNS. Motion carried on a roll call vote, five ayes. ITEM 64 APPROVING 1993 SOLID WASTE AGREEMENT WITH HENNEPIN COUNTY MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-148 AUTHORIZING THE CITY OF PLYMOUTH TO ENTER INTO THE 1993 SOLID WASTE AGREEMENT WITH HENNEPIN COUNTY. Motion carried on a roll call vote, five ayes. ITEM 7-A PUBLIC IMPROVEMENT HEARING FOR STREET AND UTILITIES ON SCHMIDT LAKE ROAD, PROJECT 213 Public Works Director Moore introduced Jim Dvorak, Strgar-Roscoe-Fausch, the City consulting engineer for the project. Jim Dvorak, Strgar-Roscoe-Fausch, described the improvements proposed for Schmidt Lake Road from Northwest Blvd. to Fernbrook Lane and Fernbrook Lane from Schmidt Lake Road to the Soo Line Railroad, Project No. 213. The proposed street improvements consist of constructing Schmidt Lake Road as a 52 foot wide, 9 ton design bituminous roadway with concrete curb and gutter from Northwest Blvd. to Fernbrook Lane. This section provides for a four lane undivided roadway, except where Schmidt Lake Road crosses under I-494. This section would be narrowed to two lanes in order to pass between the existing bridge piers. Left turn lanes would also be provided at Northwest Blvd. and at Fernbrook Lane. Fernbrook Lane is proposed as a 44 foot wide, 9 ton design with concrete curb and gutter, which terminates south of the railroad tracks at a 120 foot diameter cul-de-sac. Mr. Dvorak showed the interchange plan for I-494 and Schmidt Lake Road which is proposed for future construction. He stated that the City has not requested approval for the interchange and will not request approval until it can be warranted by existing traffic. Regular Council Meeting March 15, 1993 Page 6 He stated the estimated total project cost is $3,140,600 with project funding from the following sources: $1,351,393 - assessed; $1,272,705 - TIF; $439,652 - Trunk Fund. Councilmember Helliwell asked how Schmidt Lake Road will be merged to two lanes in order to pass under I-494. Mr. Dvorak stated the road will be signed for merging, and perhaps restricted speed signs will be needed. He stated the road will need to be widened to two lanes in each direction when a significant amount of development occurs in the area. Public Works Director Moore stated the proposed assessments are based on the guiding of the property according to the City's Special Assessment Policy. He stated the project was initiated as part of the Capital Improvement Program in response to development in the area. The Council has approved the preliminary plat for the Hoyt property which needs this project for access and utilities. Director Moore presented a letter from FluiDyne Engineering Corporation regarding the project. The letter indicates that FluiDyne has recently entered into an Option Agreement with Lundgren Bros. Construction for the sale of the property. Lundgren Bros. Construction may request that the City rezone the property from industrial to residential. The current proposed assessment for the property assumes the property will remain guided as Planned Industrial. If the proposed assessment based on the industrial guiding is retained, the FluiDyne agreement with Lundgren could be in jeopardy because they could not afford to proceed with residential development on the site. Mayor Bergman opened the public improvement hearing at 7:28 p.m. Gary Hunt, 14305 44th Avenue North, stated concerns with the traffic that will use Fernbrook Lane to get to I-494. He would like the City to request that interchange be constructed now rather than waiting until traffic congestion becomes serious. Director Moore stated that in order to establish an additional interchange on the freeway system, the City must indicate a current need and justification. The request cannot be based on projected traffic needs. The request would have to be approved by the Minnesota Department of Transportation, the Metropolitan Council, and the Federal Highway Administration. The need for this interchange cannot be justified at this time. In the future the interchange will likely be justified by the congestion at the County Road 9 and County Road 10 interchanges. Councilmember Helliwell stated that even if the City requested the Schmidt Lake Road interchange, it would be difficult to find the funding. Regular Council Meeting March 15, 1993 Page 7 Mayor Bergman stated the request for the interchange should be made when I-494 is widened. Douglas Frame, 4925 Kirkwood Lane North, represented FluiDyne. He verified that FluiDyne recently entered into an option agreement with Lundgren to sell the property. Lundgren has indicated they want to develop residential dwellings and will make a request for reguiding to the City. Mr. Frame stated the estimated proposed assessments based on the current industrial guiding would preclude residential development due to the cost. He requested that the Council delay consideration of this project for a few weeks until Lundgren has made the reguiding request. In response to a question by Councilmember Vasiliou, Mr. Frame stated the option agreement was entered into in late February. Terry Forbord, 935 E. Wayzata Blvd., represented Lundgren Bros. Construction. He stated they were aware the City was contemplating this project and this week they reviewed the feasibility study and estimated assessments. He stated Lundgren Bros. Construction is not opposed to the project. However, given the effect the proposed assessments would have on their ability to develop the property for residential, he requested the Council delay a decision on the project. Mr. Forbord stated they intend to submit an application for reguiding within the next few weeks. Steve Hoyt, 19090 Minnetonka Blvd., stated he owns the property to the north of Schmidt Lake Road that will be affected by the project. He stated that FluiDyne and Lundgren were aware of this project and, therefore, the Council should proceed. He stated that if in the future the Council approves the request of Lundgren for assessing their site at a residential rate, he will request the same consideration for a portion of his property. Mayor Bergman closed the public improvement hearing at 7:45 p.m. Councilmember Vasiliou asked if it would be reasonable to defer this issue. Manager Johnson stated that if the Council doesn't proceed with the project by May 1, the project may not be completed in 1993. Councilmember Vasiliou asked if FluiDyne was aware of the proposed improvement project. Mr. Frame stated FluiDyne has been aware that Schmidt Lake Road was proposed for extension; however, they were not aware of the significant difference between the proposed assessments based on the industrial or residential guiding. He stated FluiDyne is not opposed to the extension of Schmidt Lake Road. FluiDyne is Regular Council Meeting March 15, 1993 Page 8 opposed to an assessment that would preclude development other than industrial on the site. Manager Johnson explained that the improvement hearing is held in order for the Council to determine whether to proceed with the project. An assessment hearing will be held in the future to determine the actual project assessments. Public Works Director Moore stated the assessment hearing is normally held following the construction. The estimated assessments do not bind the Council. The assessments are based on benefit to the property. He stated the estimated overall project cost will not change, but a reguiding could significantly change the Land Use Guide Plan and the Transportation Plan. It would take several months for a change to be considered by the Metropolitan Council. Councilmember Edson asked if it is significant that the project be completed in 1993. Director Moore stated the Council has approved a preliminary plat for the Hoyt property. That project could not proceed without these improvements. Mr. Hoyt stated he is proposing a 250,000 corporate headquarters facility on the west side of the site that will employ about 350 people. Construction has already been delayed one year while waiting for the improvements. Councilmember Helliwell noted that significant traffic will be generated by this use. Mr. Hunt stated that based on the number of employees who would be employed at this facility, he believes the request for the I-494/Schmidt Lake Road interchange should be made now. Mr. Frame stated concerns that it may be more difficult to change the proposed assessments if the project moves forward and assessments are handled later. Mayor Bergman asked how long the property has been zoned industrial. Director Moore stated it has been zoned industrial for over 15 years. He noted that generally more traffic is generated by residential than industrial development. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION 93-149 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, SCHMIDT LAKE ROAD/FERNBROOK LANE STREET AND UTILITY IMPROVEMENTS, CITY PROTECT NO. 213. Regular Council Meeting March 15, 1993 Page 9 Mayor Bergman stated that the project is needed in order to accommodate the Hoyt development. Councilmember Vasiliou stated she will support the project, but she would like the City Manager to convene a meeting with all interested parties and keep the Council apprised. Councilmember Tierney asked if the staff has any idea when MnDOT will look at the interchange. Director Moore stated MnDOT does not want additional interchanges; therefore, the request will not likely be initiated by them. Paul Kelle, 4310 Harbor Lane, stated concerns with the existing traffic on Fernbrook Lane and the additional traffic that will be generated due to development. He suggested that Schmidt Lake Road dead-end on each side of I- 494 if the interchange is not going to be constructed at this time. He requested that the City initiate a request for the interchange at this time. Mayor Bergman stated Schmidt Lake Road will provide east -west movement for traffic through the City. If the road is not continued under I-494, individuals would have to drive to County Road 9 or 10 in order to travel across 1-494 to the east or west. This through street is also needed for emergency vehicles. Motion carried on a roll call vote, four ayes; Helliwell nay ITEM 8-A ORDINANCE TO REGULATE TRAIN WHISTLES Manager Johnson stated the Council held a public information meeting on a proposed ordinance that would restrict train whistles between the hours of 10:00 p.m. to 7:00 a.m. between Highway 169 and Larch Lane on February 8. About 37 individuals spoke on the issue. Seventeen speakers were in favor of the ordinance and nineteen opposed it. About 3,700 invitations were sent for the meeting. He stated staff has researched a number of issues that were raised at the public information meeting. One issue raised was the status of crossing arms at the Pineview crossing. This intersection currently has flashing lights only. The City has earmarked funds in the 1993 budget to install gates, but no approval from the railroad has yet been received. The City Attorney has researched the issue of train speed and determined that the City has no power to regulate the speed of the trains. A number of residents indicated liability concerns if the ordinance is enacted. The City Attorney contacted Minneapolis and St. Paul, both of which have whistle bans, to determine if they have had any lawsuits based on their bans. No such lawsuits could be recalled by officials of either city. The City's Risk Regular Council Meeting March 15, 1993 Page 10 Manager indicates that our insurance carrier, the League of Minnesota Cities Insurance Trust, has no unusual objections or concerns about a whistle ban. Manager Johnson stated that Police Captain Paulson has investigated enforceability of the ordinance and determined that it will be very difficult without the cooperation of the railroad. Passage of the ordinance will not assure compliance. The City Attorney indicates that massive disobedience by the railroad could cause a court to issue an injunction against the railroad. There was also a proposal at the information meeting that the City install center islands to prevent drivers from going around the gates. The Director of Public Works has researched this issue and determined that there is no experience to verify the alleged safety enhancement of center medians. Presently, both Larch Lane and Zachary Lane would need to be widened to accommodate such medians. The medians could be considered at Zachary Lane and the Soo Line tracks since Zachary is scheduled for reconstruction in 1994. Manager Johnson stated the Council must balance all of the safety and enforcement concerns with the public interest in maintaining tranquil neighborhoods. The staff believes the weight of the evidence favors enacting the ordinance. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt ORDINANCE 93-4 RELATING TO THE REGULATION OF TRAIN WHISTLES AND HORNS DURING CERTAIN HOURS IN CERTAIN AREAS OF PLYMOUTH. Bob Willock, 12810 50th Avenue North, represented the Meadows of Bass Lake. He stated the homeowners in this development are in favor of the proposed ordinance. He suggested an amendment to the ordinance to provide that when the installation of gates occurs at Pineview and at other crossings in the City, the train whistle restriction would automatically apply to those intersections as well. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to amend the ordinance by adding that "The limitation shall automatically extend to adjacent crossings to the west of the prohibition area when such crossings are equipped with gates and flashing lights and/or grade separation." Motion to amend carried; five ayes. Main motion was once amended carried on a roll call vote, five ayes. Regular Council Meeting March 15, 1993 Page 11 ITEM 8-11 REQUEST OF BILL CAVANAUGH TO EXERCISE OPTION TO REACQUIRE LAND AT NORTHWEST CORNER OF HIGHWAY 55 AND VICKSBURG LANE (FORMER LIBRARY SITE) Manager Johnson stated the City took action to acquire land at the northwest corner of Highway 55 and Vicksburg Lane, previously owned by Bill Cavanaugh, on April 22, 1991, by means of the quick take process. The City acquired the property prior to the final award of damages which was determined to be 963,000. Subsequently, a new library site was identified. The terms of the quick take action provide that if any of the land acquired by the City became surplus, Mr. Cavanaugh would have 90 days to exercise an option to repurchase it, and he filed a statement exercising his option within the allowed time. The procedure then called for Mr. Cavanaugh to repay the award to the City in return for the land. The City has paid a total of $600,000 for the award, which is the amount Mr. Cavanaugh should repay the City to reacquire the property. The deadline for repayment was March 9, and no repayment was made. Mr. Cavanaugh's attorney has asked for an extension of time and outlined a number of considerations he believes the City should consider to reduce the $600,000 repayment. The City Attorney's office indicates that the option is ambiguous and could be construed to have terminated upon the failure to make the payment on March 9. Alternately, it could be construed to mean that a purchase agreement was created upon the giving of the notice which must now be canceled. Manager Johnson stated that given Mr. Cavanaugh's failure to proceed according to the terms of the implied purchase agreement, the City could correct the ambiguity by taking action to cancel the option agreement. In this event, Mr. Cavanaugh would have 30 days to comply with the agreement, and this would also allow time for him to produce evidence as to why the terms of the agreement should be modified. Manager Johnson recommended that the Council formally notify Mr. Cavanaugh that he has not performed as required and that a notice be sent to him canceling the option agreement. Bill Cavanaugh addressed the Council. He stated this is an unusual situation and he would like to resolve it with the Council without creating additional legal expenses. MOTION was made by Councilmember Edson, seconded by Councitmember Helliwell, to adopt RESOLUTION 93-150 TO CANCEL OPTION. Motion carried on a roll call vote, five ayes. Regular Council Meeting March 15, 1993 Page 12 ITEM 9-A APPROVAL OF FOUR ADDITIONAL SWINGS FOR BASS LAKE PLAYFIELD Park Maintenance Supt. Peterson presented three scenarios ranging from $2,750 to $4,730 to add swings at Bass Lake Playfield. He described the requirements of the Consumer Product Safety Bureau for safety zones around swing sets. He asked that the Council determine whether four or six swings would most adequately meet the needs of the area. Councilmember Edson stated that neighborhood residents immediately began phoning when the two swings were initially installed stating that two swings are not enough for this area. He believes this issue should have been considered during the initial installation. Supt. Peterson stated that the Consumer Product Safety guidelines were undergoing change during the installation; therefore, the number of swings was reduced from three to two. Councilmember Vasiliou concurred that staff should have addressed the situation when residents first noted the problem during the initial installation. She also stated that the architect should be addressing these type of issues during the design of the play structure. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-151 APPROVING INSTALLATION OF ADDITIONAL SWINGS AT THE BASS LAKE PLAYFIELD, to install four additional swings at a cost of $4,000. Motion carried on a roll call vote, five ayes. ITEM 9-B APPROVAL OF 1993 MAINTENANCE EMPLOYEES CONTRACT Personnel Coordinator Sobania presented the staff report on the proposed 1993 labor agreement between the City and AFSCME, Local 3445, representing maintenance employees. She stated the 2.9 percent increase is an average of the four classifications affected under the contract. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-152 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH MAINTENANCE EMPLOYEES REPRESENTED BY AFSCME, COUNCIL 3445, FOR THE CALENDAR YEAR 1993. Regular Council Meeting March 15, 1993 Page 13 Motion carried on a roll call vote, four ayes; Vasiliou nay. TTEM 9-C VACANCY ON NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The Council requested that staff schedule interviews for 5:00 p.m. on March 29 for individuals who have expressed interest in serving on the Northwest Hennepin Human Services Council. ITEM 9-D CAPITAL IMPROVEMENT AND PROJECT STATUS REPORT Public Works Director Moore presented the Capital Improvement and Project Status Reports. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to accept the reports. Motion carried, five ayes. ITEM 9-E STUDY SESSION MEETING TOPICS AND CITY COUNCIL INFORMATION MEMORANDUM Manager Johnson reviewed the pending study session meeting topics and the City Council Information Memorandum. ITEM 9-F CCR REPORTS Councilmember Edson reported that the preliminary design for the senior housing facility has been reviewed by the HRA and is available for public review. Walker Management is planning to conduct focus groups with seniors to discuss the plan. Mayor Bergman stated he has maintenance concerns with the proposed wood construction and would prefer concrete. Councilmember Vasiliou reported on a recent meeting of the Plymouth -Wayzata Chemical Health Commission and discussions with respect to the proposed liquor server licensing. The meeting was adjourned at 9:13 p.m. 1 i[iZ G iLe/2. Ci y Clerk