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HomeMy WebLinkAboutCity Council Minutes 08-28-2001Adopted Minutes Regular Council Meeting August 28, 2001 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:05 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on August 28, 2001. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Harstad, Johnson, Slavik, and Stein. ABSENT: Councilmember Black. STAFF PRESENT: City Manager Johnson, Acting Police Chief Twaddle, Fire Chief Kline, Finance Director Hahn, Community Development Director Hurlburt, Senior Planner Drill, Housing Manager Barnes, Park and Recreation Director Blank, Public Works Director Faulkner, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.1) Presentation of Neighborhood Awards of Excellence — "National Night Out' Public Safety Education Specialist Cwayna and Mayor Tierney presented National Night Out Awards of Excellence to Regency Point Apartments (multi -housing community), and Jim Nystrom and Patty Ginter from the 11000 block of 50"' Lane North (single-family neighborhood). Approval of Agenda Motion was made by Councilmember approve the agenda. With all member Consent Agenda seconded by Councilmember Johnson, to avor. the motion carried. Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 2 of 16 City Manager Johnson reported that staff has provided the bid tabulations for item No. 6.06 as well as the recommended lowest qualified bidder. Motion was made by Councilmember Slavik, and seconded by Councilmember Hewittto approve the Consent Agenda which included the following items: 6.01) Regular Council Meeting minutes of August 14. 6.02) Resolution Approving Disbursements for the Period ending August 17, 2001 (Res2001- 349). 6.03) Adopt Proclamation Designating September 22 as "Kids Day AmericaAntemational." 6.04) Resolution Approving a Conditional use Permit and a Fire Lane Variance to allow Installation of a 75 -Foot Monopole Antenna Tower and Related Equipment Shelter for Wireless Communication Services at La Compte Park, 10795 Old County Road 15 (2001067 — Res2001- 350). 6.05) Resolution Approving Agreement with AT&T Wireless Services of Minnesota, Inc. for LaCompte Park Monopole Antenna Tower (Res2001-351). 6.06) Resolution Approving Environmental Playground Play Equipment (Res2001-352). 6.07) Resolution Approving a Variance to Allow a 51.4 foot Rear -Yard Setback from Schmidt Lake for a Home, Garage, and Deck Addition at 12230 45`h Avenue North (2001066 — Res2001- 353). 6.08) Resolution Approving Lot Division and Variances for Independent School District 284 for Property located at 16440 County Road 47 (2001068 — Res2001-354). 6.09) Resolution Approving a Side Yard Setback Variance for Kevin and Kathy Sullivan for Property located at 2730 Black Oaks Lane North (2001071 — Res2001-355). 6.10) Resolution Approving a Preliminary Plan for "Wellswood" for Janco, Inc. for Property located at 15225 Gleason Lake Drive (2001076 — Res2001-356). 6.11) Resolution Approving a Conditional Use Permit to allow a Montessori Preschool at 2000 Merrimac Lane North (2001081 — Res2001-357). 6.12) Resolution Approving a Side Yard Setback Variance for Luis and Ana Rayas for Property located at 18125 27`h Avenue North (2001090 — Res2001-358). Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 3 of 16 6.13) Resolution Finding No Objection to Lawful Gambling Exemption for Wayzata Athletic Boosters (Res2001-359). 6.14) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Lift Station No. 20 (Autumn Hills) and Lift Station No. 22 (Conor Meadows) Upgrades (1023 — Res2001-360). 6.15) Resolution Awarding Bid for Plymouth Boulevard Parking Bay and Bituminous Overlay Improvements (1002 — Res2001-361). 6.16) Resolution Granting Authorizations and Approvals for Transit Facilities Development in the Reserve (1032 — Res2001-3 62). 6.17) Resolution Approving Fee Increases for the Plymouth Creek Center and Fieldhouse Res2001-363). Councilmember Harstad registered a no vote for item No. 6.15. Motion carried to approve the Consent Agenda. Public Hearings 7.1) Public Hearing on Housing Revenue Bonds for the Lancaster Village Development Jim Barnes, Housing Manager, reported on the request for the Council to authorize the sale and issuance of Variable Rate Demand Multi -Family Housing Revenue Bonds in an amount not to exceed $2,865,000 on behalf of Lancaster Village Apartments L.L.P. for Lancaster Village Apartments. He explained that Lancaster Village Apartments consists of 160 units located at 3610-3680 North Lancaster Lane. The complex was originally constructed in 1968 with additional construction in 1984. Housing Revenue Bonds were originally issued by the City in 1983 in the principal amount of $3,750,000 to finance the acquisition and expansion of the project. Refunding Housing Revenue Bonds in the principal amount of $3,750,000 were issued in 1992 to finance the original bonds. The 1992 Refunding Bonds are optional redeemable and are outstanding in the principal amount of $2,865,000. The owner has requested that the City issue an additional series of Refunding Bonds in the principal amount of $2,865,000 to refinance the outstanding 1992 Refunding Bonds. In addition to the proposed 2001 Refunding Bonds, the owner intends to raise additional funds by directly issuing a taxable note to the Federal National Mortgage Association, secured by a second mortgage on the project, in the approximate amount Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 4 of 16 of $3,350,000. Funds from the subordinate financing would be used, in part, to pay financing costs related to the issuance of the 2001 Refunding bonds, to establish required Federal National Mortgage Association's reserves with respect to the project, with the remainder of the funds being distributed to the owner for its partnership purposes. He stressed that there is no financial impact or liability to the City with this bond issue, and the applicant pays all costs of the bond issue. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to adopt a Resolution Authorizing the Issuance of Variable Rate Demand Multifamilv Housing Revenue Refunding Bonds Therefor and Series 2001; Establishing the Housing Manager Barnes discussed the housing affordability issue for these units. He stated as a condition to the issuance of the bonds, the City would require that 10% of the units be required to be occupied or held for occupancy by persons and families at 50% of area median income (in this case, adjusted for family size, and with rents affordable to persons and families at that income level), and an additional 10% of the units would be required to be occupied or held for occupancy by persons and families at 80% of area median income (also adjusted for family size). He noted that Section 8 units could also be included in this development. With all members voting in favor, the motion carried. General Business 8.1) Accept Items for Stone Creek Village Apartments (Dominium Development & Acquisition, LLC — 2001088) Sketch Plan for Alternative Wetland Buffers: Senior Planner Drill reported on the request of Dominium Development and Acquisition, LLC for the Council to review the sketch plan for Stone Creek Village Apartments and the use of alternative wetland buffer strips for this development. He stated this 116 -unit apartment development would be located on a 14.7 -acre site located in the northeast quadrant of Highway 55 and West Medicine Lake Drive. He explained that this site had been guided LA -3 and zoned for apartment uses up until the latter half of the 1980s, when it was reguided and rezoned for commercial use. A big box retail/strip center development was proposed for the site but was Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 5 of 16 never constructed, as the developer couldn't meet all the conditions placed on the development approval. He stated in 1994, the City reviewed the "Burgundy Village" proposal which requested reguiding and rezoning of the site back to residential to allow two, 12 -story high-rise apartment buildings comprising over 400 dwelling units. The Planning Commission and staff recommended denial of the request on the basis that the 12 -story height would be incompatible with surrounding properties. The applicant ultimately withdrew the application. He stated in August 2000 when the Council adopted the updated Comprehensive Plan, this site was reguided from commercial to LA -4. This guiding establishes a minimum density of 12 dwelling units per acre and a maximum density of 20 dwelling units per acre. The upland acreage of this site is eight acres after the existing wetland area is deducted. Therefore, the guiding of this site allows 96 to 160 dwelling units with the developer proposing 116 units. The site was subsequently rezoned from C-2 and O -R to RMF -4 in order to be consistent with the guiding as required under State law. He illustrated the sketch plan and explained that the proposed building would contain three levels of living space over one level of structured parking. The two-story clubhouse would be located in the middle portion of the building and would include a business center, lounge, fireplace, exercise room, and locker rooms. The development would contain 28 one -bedroom apartments, 54 two-bedroom apartments, and 34 three-bedroom apartments. Each unit would have a balcony and would be equipped with central air and a washer and dryer. The exterior amenities would include a swimming pool with related lounging deck and a play area for children. He discussed the proposed alternative wetland buffer strips. He stated that the width of the buffer would average 25 feet with a minimum of 20 feet and a maximum width of 30 feet along the four areas where alternative wetland buffer strips are proposed. Approximately 2,000 lineal feet of wetland abuts the buildable area of the site. Under the proposal, the four alternative wetland buffer areas would total approximately 375 lineal feet, or 19 percent, of the area abutting the wetland. A standard wetland buffer strip (averaging 50 feet in width) would be provided along the remaining approximately 1,625 lineal feet, or 81 percent, of the area abutting the wetland. He explained that in instances where the City approves the use of alternative buffer standards, the applicant must apply extraordinary management practices to control erosion, sedimentation, and nutrient loading during and for two years after construction. Extraordinary management practices include measures that add redundant protections to best management practices, such as double rows of silt fence. The proposed Resolution contains a condition that the applicant needs to provide financial guarantee for maintenance of the alternative buffer strips. Councilmember Slavik asked why the applicant has chosen to not meet the parking requirement. Senior Planner Drill replied that developers usually prepare a traffic study and are able to justify that 2.5 spaces per dwelling unit is higher than what they would require. The applicant has Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 6 of 16 demonstrated that there would be additional land available on site if additional parking needs to be increased to the 2.5 spaces per dwelling unit. Community Development Director Hurlburt added that the City has encouraged developers to not construct more parking than what they need for environmental and water quality reasons. Councilmember Slavik requested the applicant review the tree preservation, highway noise, and the height of the building. These are items that she could have concerns with and would be discussed at the time a formal application is presented. Community Development Director Hurlburt commented that when the application was approved for the Gas `N' Splash, the intent was for the frontage road to be extended into this property. Councilmember Stein asked about fire lanes around the building. Senior Planner Drill stated because of the wetlands, the applicant would be sprinkling the buildings and providing a safe area for tenants to leave the building near the swimming pool. He stated a Fire Code Variance application would be submitted in the future. Community Development Director Hurlburt added approval of the Variance would be consistent with other approvals, if the building is sprinkled. Councilmember Harstad asked if there was any discussion with the applicant to integrate transit with this development since the nearest park and ride lot is one-quarter mile from this development. Senior Planner Drill replied that could be reviewed. Councilmember Harstad asked how close this development would be to the adjacent commercial development to the south. Senior Planner Drill replied there would be approximately 25 feet between the two uses, and the City's minimum setback is 15 feet. Councilmember Harstad commented this could be an issue for screening for the attractiveness of those units closest to the commercial development. Senior Planner Drill commented that in order to preserve the wetland, it did require the developer to move the building further to the south. Paul Sween, from Dominium Development & Acquisition, LLC, stated the height issue is driven in order to meet the density range and the soil issue. He noted that they would be able to expand the parking if necessary, and they would like to preserve green space. Councilmember Johnson asked what the distance is from West Medicine Lake Drive to the west loop of parking on the site. Brian, an architect for Dominium Development & Acquisition, replied approximately 300 feet. Mr. Sween added that this site is very isolated which would provide the residents an opportunity to enjoy the outside secluded feel of the area. Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 7 of 16 Councilmember Harstad stated that the applicant's original application was for 144 units, and that it has been decreased to 116 units. He asked if the decrease in units was related to the affordability of the units. Mr. Sween replied yes, and they would need to utilize incentives provided by the State and balance that with the City's requirements. He noted that they are very comfortable in allowing affordable housing. Councilmember Johnson asked if handicap accessible units would be provided. Mr. Sween replied yes. Bryan added that either two to five percent of the units would be handicap accessible. In addition, there would also be other units that could be adapted to handicap accessible units. The affordable and handicap accessible units would be integrated throughout the development. Councilmember Slavik asked if they have determined what the non -affordable rent would be. Mr. Sween replied no, but it would be based on market rate. Minnesota Livable Communities Act Grant Agreement: Housing Manager Barnes reported on the request for Council approval to execute a Metropolitan Livable Communities Act, Local Housing Incentives Account (LHIA) Grant Agreement, which would provide $200,000 in funds for affordable housing for the proposed Stone Creek Village development. He also stated that the applicant has submitted a tax increment financing application for this development that staff is currently reviewing. He stated with this 116 -unit development, the developer is proposing that a minimum of 27 units be affordable to families with incomes at or below 50% of the median and the remaining 89 units would be offered at market rate. Included in the 27 affordable units would be 12 Metropolitan Housing Opportunities Program (MHDP) units. Staff continues to work with the applicant to increase the number of affordable units to meet the City's goals, which that 35% of the units in a new rental development be made affordable to individuals who earn at or below 50% of the medianincome. This proposed project has been in the pre -development stage for over one year, and Dominion Development is in the final stages of securing all of the required funding sources and obtaining preliminary planning approvals. He stated that the applicant was awarded the $200,000 LHIA grant, but the grant agreement must be executed by August 30 or be returned so the Metropolitan Council could re -commit the funds to another project in their upcoming funding cycle. He stated this agreement would be an agreement between the Metropolitan Council and the City, and the funds would then be forwarded onto the applicant. Councilmember Johnson asked if the soil conditions are driving the fax increment financing. Housing Manager Barnes replied the developer might have to install dry pilings at an Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 8 of 16 approximate cost of $1.2 million. However, the requested amount of tax increment financing is less than the $1.2 million. Councihnember Harstad stated in the correspondence received from Ken Wendinger, Mr. Wendinger has questioned why other methods, such as the West Hennepin Community Land Trust, aren't being used for affordable housing efforts. Community Development Director Hurlburt explained that the land trust is an affordable program for single-family ownership. Staff would continue to review affordable housing projects that would be applicable to this type of development. Housing Manager Barnes discussed the committed and pending funding from a variety of sources (i.e., Metropolitan Housing Opportunity Program, Hennepin County HOME funds, Minnesota Housing Finance Agency (MHFA) funds, Plymouth HRA funds). Carol Rydberg, 3225 Wellington Lane, requested Council support for this development as the City is in need of affordable housing. She stated that there could be compromising with the wetlands. Roger Rydberg, 3225 Wellington Lane, stated affordable housing is a very critical issue. However, he is very concerned that this project is so complex that if some of the financing falls through, what happens with the affordable housing element? What leverage would the City have? Erika Urban, 1541 West Medicine Lake Drive, stated that she is involved with AMLAC who is very interesed in trying to improve the water quality of Medicine Lake. She stated that this development could impact Medicine Lake due to its close proximity to the lake. She is concerned that the buffer zones won't be met, whether the wetlands would be filled or not, and the increase of traffic. She commented that this of property is not really suitable for anything; therefore, it seems the rules need to be bent in order to accommodate this project. However, she realizes that an affordable housing project may be needed in the City. Duane Stobbe, 11215 12`h Avenue North, stated that he owns two apartment buildings located to the north of this project on 12`h Avenue. In July 1998, the level of Medicine Lake was two feet from the first level of their apartment building. In 1999, the garages were filled with water. He noted that there were other homes in the area which had water in their basements. He stated that this development would be a nice addition to the neighborhood, but he is concerned about the water Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 9 of 16 table. He suggested that there be larger ponding areas to address the water. He asked what would remain with the trees in the buffer zones to the north of this property? Ken Wendinger, 5465 Orleans Lane, supports this development as affordable housing is needed in the City, but he is concerned that what occurred with The Reserve development doesn't occur with this development. He stated the affordable rental units with The Reserve development have been deleted, and what would prevent that from occurring with this development? He spoke of the West Hennepin Community Land Trust, and he stated one advantage of a land trust is that you maintain the affordable units for 99 years. Ann Dorweiler, 17035 91h Avenue North, stated she is a member of Plymouth Housing Task Force, and their goal is affordable housing. They support the concept plan being presented tonight. This is a good location for affordable housing, and it fits with the Metropolitan Council's plan. She understands the concerns on the effect of this development on the enviromnent, but those needs to be balanced with affordable housing that is need for working families. Mark Holtan, 1304 West Medicine Lake Drive, stated his concerns are the traffic patterns on West Medicine Lake Drive with this project. He stated in the morning, the traffic could be backed up to the railroad tracks. He is real concerned about what the plan would be for the frontage road, and what the plan is for that intersection. In addition, with a project such as this, what would the driveway access be and the traffic access. He presumes that that intersection area was redesigned for redevelopment of this property. He stated currently, the traffic pattern is basically at capacity, and he would be concerned about peoples' safety entering and exiting that development. He stated the marsh area adjacent to the new townhouses built on 10th Avenue across from Trenton, used to be full of water for geese. He noted the decrease in the amount of water due to that development. Lastly, he is concerned that this proposed project would eventually drain the wetland area. Terric Christian, 9910 South Shore Drive, Vice President for AMLAC, stated that she served on the subcommittee for the study on Medicine Lake. She stated this lake is very largely impaired. One major factor that contributes to this condition is the whittling away of wetlands over a long period of time for developments. The City would be proposing to spend tax dollars to rebuild wetlands around Medicine Lake; however, with this development, the wetland buffers for this development would be decreased. She believes that the Council needs to consider whether affordable housing should be constructed in an area that would further reduce the wetlands around Medicine Lake. She does not support this development. If this project were to be approved, the number of units should be decreased in order to provide adequate buffers. Housing Manager Barnes reiterated that the Hennepin County Land Trust is a program for single-family owner occupied homes. He stated generally, land trusts are for 99 years, and the Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 10 of 16 City would have no prediction on what the economy would be in 99 years, which could cause problems. He stated regarding the City's participation with this development, there would be covenants and restrictions to ensure affordability of the units. Community Development Director Hurlburt added that each of the funding sources for this development would have their own contractual obligations and funding requirements. If the funding sources fell through, she is unsure how the City would be able to guarantee the project. Councilmember Hewitt asked if one component of the funding sources for affordable housing falls through, would that affect the entire project. Housing Manager Barnes replied it all depends on a number of financial factors for the developer. Community Development Director Hulburt stated that the City is not making exceptions to the wetland buffer requirements. She explained alternative buffers could be approved as an option if certain conditions are met. She stated approximately 20% of the wetland would be affected by it. She noted that the wetlands wouldn't be filled for the housing project, and the only wetlands to be filled are where the frontage road enters into the development due to the City's desire to relocate the frontage road. This area would be treated, and staff is very confident that the water quality goals would be met. Lastly, when the majority of the area was developed around Medicine Lake, there were no wetland buffers. This site is tailor made for alternative buffers. Mayor Tierney noted that the developer would be striving to keep as many trees as possible, and this would be reviewed when a landscape plan is submitted. Community Development Director Hurlburt stated that the trees in the wetland would not be removed. Public Works Director Faulkner stated that this development would have very little effect on Medicine Lake, as none of the wetland would be filled. He stated the outlet structure on Medicine Lake is controlled by the Department of Natural Resources, and they regulate the rate of flow that is emptied from the lake. He noted that the water level of Medicine Lake really doesn't fluctuate that much. He stated regarding the traffic concerns during rush hour, the intersection that would be constructed with this development would improve the safety and capacity of the intersection. There would utilization of the frontage road to South Shore Drive. He stated the traffic signals are controlled by MN/DOT, and this would relate to the traffic being backed up to the railroad. If there would be longer green signal for West Medicine Drive, it could encourage more traffic through this area from Northwest Boulevard to Highway 55. Motion was made by Councilmember Hewitt, and seconded by Councilmember Harstad, to adopt a Resolution Approving the Use of Alternative Wetland Buffer Strips and Providing Informal Comments on a Sketch Plan for Dominium Development and Acquisition, LLC for a Proposed 116 -Unit Apartment Development to be known as Stone Creek Villaee for Pronertv Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 11 of 16 located North of Highway 55 and East of West Medicine Lake Drive (2001088 — Res2001-365). Councilmember Johnson asked if it's possible to do any water quality ponding on this site from the Gas `N' Splash. Public Works Director Faulkner replied staff would review that and determine where the drainage flows from that site. Councilmember Johnson commented the new frontage road would increase safety on West Medicine Lake Drive. Councilmember Stein commented that the building is situated very well on this site. There being no further discussion and with all members voting in favor, the motion carried. Motion was made by Councilmember Stein, and seconded by authorize the Mayor and City Manager to execute the Metrop Local Housing Incentives Account Grant Agreement. Drovidi Affordable Housing in the Proposed Stone Creek voting in favor, the motion carried. Councilmember for $200.000 in 8.2) Variance to allow a Third Stall Garage Addition at 1625 Shadyview Lane North Jean Mersch-2001054) (Tabled from August 14, 2001) Community Development Director Hurlburt explained that this item was tabled from the August 14 Council meeting. Council directed staff to prepare a Resolution approving the Variance with findings of fact for this meeting. The Planning Commission had recommended denial of this request. Motion was made by Councilmember Johnson, and seconded by Councilmember Stein to adopt a Resolution Approving Variance for Jean Mersch for a Third Stall Garage Addition that would Encroach into the required 15 -foot view Lane North (2001054 — Located at 1625 Jean Mersch, 1625 Shadyview Lane North, feels she has a hardship, as the lot size isn't even a minimum size. They had considered constructing the third stall to the back of the house, but it would make more sense to line it up with the current garage. In addition, if the garage were constructed further back from the current garage, that would impede more on the neighbor and their view from their bay window. Jay and Erin Jonell, 1635 Shadyview Lane, stated they are concerned about the proposed location of the garage. The garage would impact their view to the street and the neighborhood Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 12 of 16 park. They noted that all of the lots in this area are smaller than the rest of the neighborhood, and already the homes seem almost on top of each other. They indicated that there are no three stall garages in their neighborhood. They noted that another neighbor is adding on a third stall garage; however, they are moving it further back from the front of the house by four feet. Mr. Jonell stated if the third stall would be constructed in the proposed location, they would look out their bay window and see a wall. Councilmember Johnson asked if a Variance is required for the height of the garage. Community Development Director Hurlburt replied no. Councilmember Slavik asked the Jonells if their bay window is located in the kitchen. Mrs. Jonell replied yes. Ms. Mersch noted that there are bushes in the front of their properties which they share, and she would be willing to trim those bushes to improve the view from the Jonell's kitchen window. She informed the Council that if this Variance would be denied, they intend to place a 10x12 storage shed on their property within six feet of the property line. An accessory building is allowed without a Variance. Mrs. Jonell stated the Mersch's desire to construct the third stall for storage purposes only, and she believes there are other alternatives that could be explored. Councilmember Johnson made it clear that the use of the third stall it is irrelevant to the Council. Mayor Tierney stated that if this isn't approved, there would be a storage shed on the property, and she asked the Jonells which structure they would prefer. Ms. Jonell noted that a storage shed would have a lower roof line; however, they do not want support any type of structure. Councilmember Stein asked if the garage could be constructed with less width, such as 10 or 11 feet. Ms. Mersch replied that would be very narrow. Councilmember Johnson stated three -stall garages are very common on newer homes, and it could be difficult for individuals to afford those types of homes. Therefore, it is very common for property owners of homes that are 20 to 40 years old to desire to construct family rooms and third stall garages. She stated that a storage shed's appearance could be worse than a third stall garage. She believes that the applicant has explored all alternatives, but she understands the neighbors' concerns. Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 13 of 16 Councilmember Harstad reminded everyone that the Planning Commission reviewed this application, and they unanimously recommended denying the Variance. He considers the neighbors' views with Variance requests. He feels that storage sheds don't detract from the value of a neighborhood nor are they unsightly. The addition of the third stall would harm the value of the adjacent property. He stated that these lots were designed for homes with two garages or less. Therefore, he wouldn't support the motion. Mayor Tierney stated the storage shed could also block the neighbor's view. She feels the neighbor's view wouldn't be harmed as much if the third stall were moved further back on the property Motion was made by Councilmember the question. With all members votin Councilmember Johnson, to call the motion carried. The Council voted on the main motion, and with all members voting in favor but Tierney and Harstad, the motion carried. The Council conducted a break from 9:25 p.m. to 9:35 p.m. 8.3) Conditional Use Permit and Variance for 125 -Foot High Monopole Antenna Tower and Related Equipment Shelter at the Hamel VFW, 19020 Hamel Road (Ultieg Engineers — 2001046) (Tt bledfrom Judy 10, 2001) Community Development Director Hulburt reported that this item was tabled at the July 10 meeting. Representatives from the City of Medina had appeared at that meeting voicing their opposition to the proposed tower and shelter, as it would have an impact on the downtown Hamel. They also didn't feel that AT&T had demonstrated the need for the 125 -foot tower as well as analyzing all possible alternative locations in order to reduce the impact. The City of Medina's RF (radio frequency) engineer concurred with AT&T's RF engineer that neither the Medina water tower site, nor the Plymouth water tower site located at Highway 55 and County Road 101 would provide adequate coverage. Additionally, Medina's RF engineer ruled out the Hamel Building Center site and the St. Anne Church site due to inadequate coverage. Medina's RF engineer determined those acceptable locations for the monopole would be the VFW site, the Hamel ballfield site, or the Wayzata High School site. With respect to the Wayzata High School site, City staff contacted the school district, and they responded that they do not allow antennas on any of their properties. Regarding the Hamel ballfield site, the City of Medina doesn't appear to desire to grant approval, which remains the VFW site where there is a lease. She stated the other issue was the height of the tower. The analysis compared a 75 -foot versus a 125 -foot tower. This was determined by the City of Medina's RF engineer which differs with AT&T's RF engineer. A 75 -foot tower is not adequate for building coverage, which is the goal of Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 14 of 16 AT&T. AT&T stated that if this site would be limited to a 75 -foot tower, they would need two additional 75 -foot towers to fill in the coverage area. She stated that the City of Medina has stated in a letter that if it were a 75 -foot tower, they would not allow co -location. She noted that the City of Plymouth requires co -location on towers, and a 125 -foot tower would allow for two proposed co -locations. She illustrated the computer-generated images contained in the packet which were AT&T's RF engineer's as well as the City of Medina's RF engineer's analysis. She also illustrated the proposed impact to downtown Hamel which staff feels is very minimal. Therefore, City staff continues to recommend approval of the proposed tower and shelter at the VFW site. Councilmember Stein asked why Wayzata High School would refuse antennas on their property. Community Development Director Hurlburt replied that any property owner has a right to refuse to lease their property, and the City wouldn't have any leverage to change their decision. Councilmember Slavik noted that it appears there would still be a gap in coverage with a 125 - foot tower. Peter Beck, from AT&T, stated their original request was for a 150 -foot tower, but they could make a 125 -foot tower work. AT&T has reviewed all options that they are aware of, and the VFW site continues to the best site they could work with. James Lane, Councilmember from City of Medina, introduced Garrett Lysiak, who is a RF engineer with Owl Engineering. Mr. Lysiak discussed his analysis and how it differed from AT&T's. He stated when he views the 75 -foot and 125 -foot coverages, they are pretty similar. He indicated that what constitutes adequate coverage is not clear-cut. If adequate coverage is defined as in -vehicle coverage, then a 75 -foot tower could be adequate. However, if adequate coverage were defined as in -building coverage, a 75 -foot tower would probably not be adequate for some areas. Councihnember Harstad asked if the height of the tower were to increase to 150 feet, would the entire coverage area be filled in. Mr. Lysiak replied yes. James Lane, City of Medina Councilmember, stated regarding the Hamel ballfield site, staff indicated that the City of Medina wouldn't approve a 125 -foot tower at this location. He explained that this area is zoned so that it wouldn't be permitted. However, if AT&T would make application with the City of Medina, they could permit the use with a Conditional Use Permit. He stated as he read the report from AT&T on how these facilities are proliferated, it scares him to think of six providers constructing these towers throughout the landscape. He Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 15 of 16 stated the height of the tower is an important issue. He requested the Council to review Mr. Lysiak's analysis on a 75 -foot tower at the Hamel VFW site. Councilmember Johnson asked if the City of Medina has discussed with AT&T the Hamel ballfreld site, as according to the coverage maps, the coverage area between this site and the VFW site are almost identical. Paul Robinson, Clerk/Treasurer for the City of Medina, stated they haven't discussed this site with AT&T since it wasn't an allowable use. The City basically focused on the Variance issue that they could address. The City also tried to indicate, that based on the extra time allowed to them to study the issue, that a 75 -foot tower would provide adequate coverage. Arnold Pearson, 2750 Upland Lane North, representing the VFW, stated that this lease agreement with AT&T would be great for their club. They would allocate the revenue to youth baseball and bantam hockey programs as well as other activities. He stated the 125 -foot tower and shelter would not pose a hindrance to the surrounding area due to the vast quantity of trees which would block the view of the tower. This would be a better location than the Hamel ballfield. Ron Winterhalter, 19020 Hamel Road, stated the VFW is a non-profit organization, and their funds are used to promote the community. The additional revenue would be good for their organization. City Attorney Knutson informed the Council that under the Federal Telecommunications Act, the City would need to have a substantial basis to deny the request. Councilmember Slavik stated that she doesn't feel this is the best location. However, she understands the need for towers as well as the feelings expressed by the members of the VFW. Councilmember Johnson asked Mr. Beck if AT&T would be interested in making an application to the City of Medina for the Hamel ballfreld site. Mr. Beck replied that ballfrelds would work; however, they may need additional height, as the land is much lower. He stated that AT&T makes applications for those areas where the zoning allows locations of their towers. His understanding was that there wasn't much enthusiasm from the City of Medina to allow a tower at the ballfreld. Therefore, it doesn't appear to be a viable alternative at this point. Motion was made the question. With and seconded by Councilmember voting in favor but Slavik and Johnson, in, to call carried. Adopted City Council Minutes Regular Meeting of August 28, 2001 Page 16 of 16 The Council voted on the main motion and with all members voting in favor but Johnson, the motion carried. 8.4) Report on Amusement Rides for Plymouth on Parade Park and Recreation Director Blank stated he has provided a report as requested by the Council on the possibility of offering amusement rides at Plymouth on Parade. He stated staff contacted two carnival companies, and they have indicated that October is the time of the year in which very few carnivals are held. Therefore, the carnivals are moving south for the fall and winter season. He also stated that a carnival would need access to the LifeTime/Ice Center site on Wednesday to set up the rides. They would pass a State inspection on Friday, and the carnival would be in operation through Sunday. Therefore, this site would "tied up" for five days. He explained that this time of year, there are also cooler temperatures, which is why carnivals are usually conducted in the summer. He stated if it is the Council's desire to have amusement rides, the day of the parade and the event itself may need to be moved earlier in the fall but not too early so that the school units in the parade have a chance to organize their units for the parade. Councilmember Johnson thanked staff for the report. She feels that other activities could be added to this event. Mayor Tierney agreed and stated that perhaps a fall festival with different types of activities such as a scarecrow contest, decorating of light posts, could be added to the event. She stated she would also like to see a broader downtown involvement with the event. Park and Recreation Director Blank stated that after the first of the year, he would provide a follow-up report on different community events which the City conducts throughout the year, and perhaps some of those events could be combined. Reports and Recommendations There were no Reports and Recommendations. Adjournment made by Councilmember Johnson, and seconded by Councilmember at 10:32 p.m. With all members voting in, fervor, the motion carried. 8andra R. Paulson, -City Clerk