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HomeMy WebLinkAboutCity Council Minutes 07-12-1993MINUTES REGULAR COUNCIL MEETING JULY 12, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on July 12, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Acting Community Development Director Ryan, Public Safety Director Gerdes, Finance Director Hahn, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A INTRODUCTION OF VOLUNTEER COORDINATOR Recreation Superintendent Bisek introduced the City's new Volunteer Coordinator, Nancy Anderson. Ms. Anderson stated she has been meeting with staff members to determine their needs and possible uses for volunteers. Two recent articles have generated calls from five individuals and one company interested in volunteering for the City. ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the agenda. Motion carried on a roll call vote, five ayes. ITEM 6 CONSENT AGENDA Items 6-G and 6-M were removed from the Consent Agenda. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to approve the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. Regular Council Meeting July 12, 1993 Page 2 ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to approve the minutes of the Regular Council Meeting of June 7, the Forum of June 21, and the Regular Council Meeting of June 21, 1993. Motion carried on a roll call vote, five ayes. ITEM 6-11 APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-358 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JULY 1, 1993. Motion carried on a roll call vote, five ayes. ITEM 6-C APPLICATION FOR TEMPORARY 3.2 LIQUOR LICENSE MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-359 APPROVING TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB. Motion carried on a roll call vote, five ayes. ITEM 6-1) APPLICATION OF STAR LIQUORS FOR CIGARETTE LICENSE MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-360 APPROVING 1993 CIGARETTE LICENSE APPLICATION FOR STAR LIQUORS, 4190 VINEWOOD LANE NORTH, 9102. Motion carried on a roll call vote, five ayes. ITEM 6-E INDEPENDENT SCHOOL DISTRICT 284 - RENEWAL OF CONDITIONAL USE PERMITS FOR TEMPORARY CLASSROOM BUILDINGS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-361 APPROVING CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) 90112). Motion carried on a roll call vote, five ayes. Regular Council Meeting July 12, 1993 Page 3 Motion was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-362 APPROVING CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) 90113). Motion carried on a roll call vote, five ayes. ITEM 6-F JAMES LEONIJARDT. CUP FOR HOME OCCUPATION (93041) MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-363 APPROVING CONDITIONAL USE PERMIT FOR JAMES LEONHARDT FOR A PRINTING EQUIPMENT AND MACHINERY REPAIR COMPANY LOCATED AT 9620 28TH AVENUE NORTH (93041). Motion carried on a roll call vote, five ayes. ITEM 6-G HEDBERG AGGREGATES INC. LOT DIVISION AND VARIANCE LOCATED NORTHWEST OF 10TH AVENUE NORTH AND NATHAN LANE 93046 Associate Planner Keho presented the staff report on the request of Hedberg Aggregates, Inc. for lot division and variance for the division of unplatted property into an 8.2 acre and 15.1 acre tract; and site plan and conditional use permit for outside storage and limited retail sales located northwest of 10th Avenue North and Nathan Lane. He stated the Planning Commission recommended approval of this request. At the Planning Commission meeting, several area residents living on South Shore Drive submitted a petition in opposition to the proposal due to concerns about aesthetics, dust, and truck traffic. The Commission recommended that the hours of the limited retail portion of the business be restricted to 7 a.m. to 6 p.m., Monday through Saturday. Councilmember Vasiliou noted that residents at the Planning Commission meeting expressed concern about the hours of operation, particularly on Saturdays. She asked if there was any discussion to starting later than 7 a.m. on Saturday morning. Associate Planner Keho stated that no specific discussion with respect to that issue was held. Steve Hedberg, 18555 13th Avenue North, described his business and the proposed use of the site. He stated there would be no manufacturing or assembly. Vehicles entering the site would generally be cars, pickups, and contractor trucks. He proposes outside storage of palletized products, as well as an interior showroom. Mr. Hedberg stated he had spoken with a number of area residents Regular Council Meeting July 12, 1993 Page 4 who had indicated concerns at the Planning Commission meeting. One resident indicated that he had signed the petition in opposition to the request; however, he has now changed his mind. Mr. Hedberg stated a number of the concerns expressed by residents at the Planning Commission meeting related to his business in Minnetonka. He stated that he is a tenant in that location, and as such, is limited to the type of improvements he can do to that site. He agreed that the Minnetonka site has problems with noise and dust. He stated his willingness to work with staff to address these problems if they should occur at his new site. Mr. Hedberg stated noise should not be a problem because only small engines are run on the site and the closest resident is 500 feet away. Also, railroad tracks, heavy foliage, and a fence will be between his site and abutting residences. He does not anticipate that there will be heavy truck traffic and he stated he would work through customer mailings and signage to discourage truck traffic on 13th Avenue. Mr. Hedberg also stated that there would not be much traffic during at least four months of the year. He did not believe a dust problem will exist because storage items will be palletized and the site will be blacktopped. He stated the dense foliage and fencing will address the aesthetic concerns. He stated the proposed site is currently unsightly and he believes his business will be an improvement to the area. Mark Anderson, 10320 South Shore Drive, stated this is aesthetically a very important site to the City because it is located between the Waterford property and Medicine Lake. He believes this business belongs in a different location because it will affect air quality, traffic, and create noise pollution. He noted problems with the previous owner of the property, Minneapolis Auto Auction, relating to noise and traffic. Mr. Anderson is opposed to retail in this area, and he responded to several questions from Councilmember Helliwell with respect to the operation of the Minneapolis Auto Auction. He stated the loud speakers and speeding problems were particularly annoying. Bridget Jodell, 10100 South Shore Drive, referenced a June 19, 1990 letter addressing many of the problems in the neighborhood that she feels have existed since the early 1960's when Ryerson Steel was built in the area. The letter noted that there were then nine additional industrial sites in the area and noted concerns with traffic congestion, lack of wildlife habitat, and noise. Ms. Jodell stated that garbage haulers empty the industrial dumpsters as early as 3:00 a.m. She agreed with the comments made by Mr. Anderson and stated that Medicine Lake is a resource for all residents of Plymouth, not just for the South Shore Drive residents. She encouraged the Council to protect the lake for its recreational uses. Ms. Jodell stated she viewed Mr. Hedberg's current facility in Minnetonka and was not pleased. She is opposed to this request because of the history of the industrial uses in the area and believes they should be better controlled. She is very opposed to the proposed Saturday hours. Regular Council Meeting July 12, 1993 Page 5 David Buzzelle, 10222 South Shore Drive, stated that recent changes in the area have been for the worse. He does not believe that industrial zoning is appropriate for this area. He asked if the Council can revoke a conditional use permit if the conditions are not met by the applicant. Councilmember Tierney responded that conditional use permits are reviewed each year. Mayor Bergman stated that the conditions placed on a conditional use permit need to be objective because it is difficult for the City to judge or enforce problems with noise, dust, and unsightliness. Attorney Meller stated the goal is to make the conditions as objective as possible. This is easy to do with an item such as noise, but may be difficult with concerns such as dust. In response to questions from Councilmember Helliwell, Mr. Hedberg stated that he subleases his current site in Minnetonka from an estate and he is one of three tenants on the site. He stated dust is a problem on that site because the lot is not paved and there is an adjacent concrete crushing operation. Councilmember Helliwell stated that neighbors are also concerned about weeds on his current lot. Mr. Hedberg stated that the weeds will be easier to control with blacktop. Also, the weeds at the Minnetonka site are on County property along the boulevard and on the adjacent property. He stated there are no weeds where his products are palletized and stored. Mayor Bergman stated that the Council should start more avidly reviewing and revoking, if necessary, conditional use permits when complaints are received and conditions are not met. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-364 APPROVING LOT DIVISION AND VARIANCE FOR HEDBERG AGGREGATE INC. LOCATED NORTHWEST OF 10TH AVENUE NORTH AND NATHAN LANE (93046). Motion carried on a roll call vote, five ayes. Regular Council Meeting July 12, 1993 Page 6 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-365 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR HEDBERG AGGREGATE INC., LOCATED NORTHWEST OF 10TH AVENUE NORTH AND NATHAN LANE (93046), AMENDING CONDITION 8 TO READ, "HOURS OF OPERATION OF THE LIMITED RETAIL SALES SHALL BE 7 A.M. TO 6 P.M., MONDAY THROUGH FRIDAY, AND 8 A.M. TO 4 P.M. ON SATURDAY." Motion carried on a roll call vote, five ayes. Councilmember Vasiliou stated that Mr. Hedberg indicated the primary users of his facility on Saturday are landscapers, and limited Saturday hours will allow area residents enjoyment of their yards. She believes the blacktop surface will alleviate the noise and dust problems that currently exist on his Minnetonka site. Councilmember Tierney asked Mr. Hedberg to comment on the proposed hours Mr. Hedberg stated he had no problem with the reduced Saturday hours. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-366 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATING TO LOT DIVISION AND VARIANCE FOR HEDBERG AGGREGATES INC., LOCATED NORTHWEST OF 10TH AVENUE NORTH AND NATHAN LANE (93046). Motion carried on a roll call vote, five ayes ITEM 6-H WERNEKE COMPANY. CUP AND SITE PLAN AMENDMENT 93049 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-367 APPROVING CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT FOR WERNEKE COMPANY, LOCATED AT 15500 28TH AVENUE NORTH (93049). Motion carried on a roll call vote, five ayes. Regular Council Meeting July 12, 1993 Page 7 ITEM 6-I WAYNE HEATON, LOT CONSOLIDATION IN SUBURBANDALE ON PARKER LAKE (93050) MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-368 APPROVING LOT CONSOLIDATION FOR WAYNE HEATON, LOCATED AT 1130 KINGSVIEW LANE NORTH (93050). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-369 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND RELATED TO LOT CONSOLIDATION FOR WAYNE HEATON, LOCATED AT 1130 KINGSVIEW LANE NORTH (93050). Motion carried on a roll call vote, five ayes. ITEM 64 H.I. ENTERPRISES. SITE PLAN AND CUP FOR GOODYEAR SERVICE STATION (93051) MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-370 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR H.I. ENTERPRISES, LOCATED AT THE SOUTHWEST CORNER OF HARBOR LANE AND EMPIRE LANE NORTH (93051). Motion carried on a roll call vote, five ayes. ITEM 6-K SKYLINE DESIGN INC. AMENDED PUD PLAN AND CUP (93052) MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-371 APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR SKYLINE DESIGN INC., FOR PROPERTY LOCATED AT 1245 ARCHER LANE (93052). Motion carried on a roll call vote, five ayes. Regular Council Meeting July 12, 1993 Page 8 ITEM 6-L RELEASE OF TREE PRESERVATION GUARANTEES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-372 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR STUART CORPORATION FOR FERNBROOK TOWNHOMES, LOCATED SOUTHEAST OF 44TH AVENUE NORTH AND FERNBROOK LANE (91044). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-373 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR U.S. HOMES CORPORATION FOR BRIDLEWOOD FARMS 2ND ADDITION, LOCATED SOUTHWEST OF MEDINA ROAD AND COUNTY ROAD 101 (92037). Motion carried on a roll call vote, five ayes. ITEM 6-M APPROVE COST SHARING FOR ELECTIONS CONDUCTED BY CITY FOR SCHOOL DISTRICTS Clerk Rauenhorst stated School District 284 has changed their elections from May to November. Those cities with local elections on the same day as school district elections are required by law to conduct elections for voters within their city and certain costs of conducting the election may be allocated to the school district. She presented a proposed cost sharing arrangement and recommended that the Council adopt it in the form of a policy so that if other school districts approach the City with similar requests, the same policy can be used. Councilmember Helliwell agreed that school districts should share in the cost when cities administer their elections. She asked if the City will still be involved in administration of the school district election when the City moves to the even -year elections and no longer conducts an election in the odd year. Clerk Rauenhorst stated that this policy would only apply when the City conducts the polling for the school district election in City election years. She responded to a question by Councilmember Vasiliou that the City will not be involved in administration of the School District 284 special referendum scheduled for February. Regular Council Meeting July 12, 1993 Page 9 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-374 APPROVING POLICY FOR COST SHARING WHEN SCHOOL DISTRICT ELECTIONS ARE HELD IN CONJUNCTION WITH CITY ELECTIONS. Motion carried on a roll call vote, five ayes. ITEM 6-N AWARD OF CONTRACTS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-375 AWARDING BID, AUTHORIZING THE PURCHASE OF MOTOR GRADER. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-376 AWARDING BID - SELF- CONTAINED ASPHALT PATCH UNIT. Motion carried on a roll call vote, five ayes. ITEM 6-0 RECEIVE PETITION, ACCEPT ENGINEERING REPORT AND ORDER STREET LIGHTING IMPROVEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-377 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - BRIDLEWOOD FARM 3RD ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-378 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, BRIDLEWOOD FARM 3RD ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-379 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - SWAN LAKE SOUTH ADDITION. Motion carried on a roll call vote, five ayes. Regular Council Meeting July 12, 1993 Page 10 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-380 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, SWAN LAKE SOUTH ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-381 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, EAGLEWOOD ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-382 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - EAGLEWOOD ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-P WETLAND MITIGATION PLAN FOR PROPOSED CAVAN MEADOW ADDITION MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-383 APPROVING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR CAVAN MEADOW ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-0 AMEND RESOLUTION 84-414 VACATING 13TH AVENUE IN SUBURBANDALE ON PARKERS LAKE MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-384 REPLACES AND SUPERSEDES RESOLUTION 84-414, AUTHORIZES THE VACATION OF AN UNNAMED STREET IN SUBURBANDALE ON PARKERS LAKE. Motion carried on a roll call vote, five ayes. Regular Council Meeting July 12, 1993 Page 11 ITEM 6-R DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-385 REDUCING DEVELOPMENT BOND, HERITAGE WOODS ESTATE 2ND ADDITION (89087). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-386 REDUCING DEVELOPMENT BOND, HARBOR WOODS ADDITION (90093). Motion carried on a roll call vote, five ayes. ITEM 6-S PAYMENT NO. 13 CITY CENTER EXPANSION PUBLIC SAFETY BUILDING, CITY PROJECT NO. 017 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-387 REQUEST FOR PAYMENT NO. 13, CITY CENTER EXPANSION PUBLIC SAFETY BUILDING, CITY PROJECT NO. 017. Motion carried on a roll call vote, five ayes. ITEM 6-T APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS 1993 SEALCOATING PROGRAM MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-388 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1993 SEALCOATING PROGRAM. Motion carried on a roll call vote, five ayes. ITEM 7-A VACATION OF EASEMENT IN WESTRIDGE ESTATES 2ND ADDITION Public Works Director Moore stated that a request has been received for vacation of a portion of a drainage and utility easement in Lot 4, Block 2, Westridge Estates 2nd Addition to allow construction of a garage. The area in which the garage is proposed to be constructed is above the 100 year high water elevation and is not necessary for ponding purposes. Regular Council Meeting July 12, 1993 Page 12 Mayor Bergman opened the public hearing at 7:51 p.m. on the request for vacation of a portion of drainage and utility easement on Lot 4, Block 2, Westridge Estates 2nd Addition. No one appeared, and the hearing was closed. MOTION was made by Councilmember Vasiliou, seconded by Councihnember Edson, to adopt RESOLUTION 93-389 AUTHORIZING THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT IN LOT 4, BLOCK 2, WESTRIDGE ESTATES 2ND ADDITION. Motion carried on a roll call vote, five ayes. ITEM 7-B MULTI -FAMILY HOUSING BONDS FOR HARBOR APARTMENTS Attorney Dan Nelson, Best & Flanagan, stated that Mitch Rotenberg of McNair Realty, Inc., is proposing to use up to $10,000,000 in City issued housing revenue bonds to acquire and renovate Harbor Lane Apartments. It is required by federal rules that 15% of the proceeds be used for renovation and that certain percentages of the apartment be rented to lower income people. The bonds will not create any financial obligation to the City, and all expenses will be paid by Mr. Rotenberg. He recommended that the Council conduct the public hearing and consider approval of a resolution granting preliminary approval of the issuance of housing revenue bonds for the Harbor Lane Apartments. Attorney Nelson stated that preliminary approval is needed by the City in order for the applicant to submit an application for bonding authority to the State of Minnesota. This preliminary approval is not binding until the Council considers the final approving resolution; however, the developer will now begin to incur attorney fees. Mr. Nelson explained that the project must have 20 or 40 percent of the units set aside for low income occupancy, and this must be preserved for the life of the bonds. Councilmember Vasiliou noted a letter received from Mr. Rotenberg dated July 6 in which he states, "after renovation of the project, we are currently anticipating that rents will be increased anywhere between 3% and 10%." The letter further refers to a "typical tenant screening process." She stated that residents of the Harbor Lane Apartments, as well as human service agencies are concerned about this proposed rent increase. She understood that there was no direct risk to the City for issuance of the bonds, but asked if there should be a default on the bonds, how it would impact the federal taxpayer. She also stated she would like further information about Mr. Rotenberg's experience in these types of projects. Attorney Nelson stated that should a default on the bonds occur, the debt would be paid by a private insurer. Regular Council Meeting July 12, 1993 Page 13 Mayor Bergman opened the public hearing on the proposed issuance of up to 10,000,000 in multi -family housing revenue bonds for Harbor Lane Apartments. Mitch Rotenberg, McNair Realty, Inc., noted that he had submitted a resume with his letter. He stated that from 1984 to 1989, he managed and owned a number of apartment complexes and still owns a small percentage of a 68 unit building.. He is in the process of interviewing property management companies for the Harbor Lane project. Mr. Rotenberg stated that the existing rent structure will cover necessary costs. The anticipated rent increase of between 3 and 10 percent has not been finalized, and was noted in the event that costs such as taxes or garbage fees would increase. Carroll Aasen, 3333 Harbor Lane, represented the Harbor Lane Apartment Resident Council. He stated the resident council met on July 1 to discuss the multi -family housing bond proposal. The majority of the resident council members voted in favor of the project. They support the proposed improvements and believe the renovation will retain quality tenants in the structure. He stated that problems at Harbor Lane Apartments have decreased over the last several months. Councilmember Vasiliou asked if Mr. Aasen had the opportunity to discuss his proposal with other tenants in the building. Mr. Aasen said only a few tenants did not support the revenue bonds and their objections had nothing to do with the proposed capital improvements. Those tenants believed that the renovation may increase the value of the property which, in turn, may increase rents. Councilmember Tierney asked when rents were last increased. Mr. Aasen stated his rent had increased by $20, from $470 to $490 in the last year. Councilmember Helliwell stated that a lot of renovation is proposed and she believed the majority of the tenants would appreciate the proposed improvements. She stated that if the renovation is not done, vacancies will increase and the quality of the apartment complex will decline. Councilmember Edson asked if the independent insurance company that insures the bonds does a full background check on each applicant. Attorney Nelson stated yes, and the guarantee terms will be included in the final bond documents. Karen Walberg represented InterFaith Outreach. Ms. Walberg stated that many individuals receiving Section 8 assistance live at the Harbor Lane Apartments. She Regular Council Meeting July 12, 1993 Page 14 stated concerns that those tenants and other individuals of limited incomes may have to find alternate housing if rents increase. Mr. Rotenberg and Attorney Nelson explained that this property qualifies for this type of financing because a certain percentage of units will be retained for low income rental. Mr. Rotenberg stated there are currently 45 Section 8 certificate holders living at Harbor Lane Apartments and it is his intent to retain them. Councilmember Edson explained that Plymouth currently has 155 Section 8 certificates, 45 of which are currently used at Harbor Lane. He stated that the requirement that a certain percentage of units be available for low income individuals is a separate issue from the Section 8 program. Mr. Rotenberg will need to maintain that percentage of units, whether or not they are rented to Section 8 recipients. Councilmember Vasiliou asked if Mr. Rotenberg could guarantee that he will retain 45 Section 8 certificates at Harbor Lane Apartments. Attorney Nelson stated Mr. Rotenberg has no control over where the Section 8 certificates are used. Since Mr. Rotenberg has property at the lower end of the rental market, it is likely that Section 8 tenants will remain at Harbor Lane Apartments. It is to Mr. Rotenberg's benefit to retain Section 8 residents and he will continue to work to preserve the units. Councilmember Vasiliou asked about the occupancy rate. Mr. Rotenberg stated the current occupancy is about 90 to 91 percent. Ms. Walberg stated she is concerned that low income individuals who work in Plymouth can live in Plymouth. Mayor Bergman closed the public hearing. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-390 ADOPTING A HOUSING PROGRAM AND GIVING PRELIMINARY APPROVAL TO A PROJECT HARBOR LANE APARTMENTS PROJECT) AND ITS FINANCING, UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Motion carried on a roll call vote, four ayes, Vasiliou nay. Regular Council Meeting July 12, 1993 Page 15 ITEM 8-A REVIEW OF SPEED LIMIT - COUNTY ROAD 101 FROM HIGHWAY 12 TO COUNTY ROAD 6 Public Works Director Moore stated that at the June 21 Forum, Ken Campbell requested the City Council reduce the speed limit on County Road 101, south of County Road 6. Currently the speed limit is 40 mph from County Road 6 to 14th Avenue, and 45 mph southerly of 14th Avenue to the corporate limits. It was Mr. Campbell's opinion that because of the numerous driveways and street intersections, the speed limit should be lower. Mr. Moore recommended that the City request the County to have the Commissioner of Transportation undertake a speed study on this section of roadway. Motion was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-391 REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT A SPEED STUDY. Motion carried on a roll call vote, five ayes. ITEM 8-B METROPOLITAN LIFE. AMENDMENT TO RPUD PRELIMINARY PLAN/CUP FOR VICKSBURG VILLAGE APARTMENTS (91071) Associate Planner Keho stated that at the June 21, 1993 Council meeting, the City Council discussed the proposal for the additional parking lot and impervious coverage at Vicksburg Village Apartments. The item was tabled so that a written parking management plan could be submitted for Council review. Staff received a copy of the proposal parking management plan from the applicant on July 1. The plan includes registration of all autos on the property, and the prohibition of recreational vehicles and hobby cars from the parking facilities. A revised plan was also submitted based on the proposed parking lot expansion. It appears as though the previous management plans have not been consistently enforced. Pat Hallisey, 4065 Quantico Lane, represented the Plymouth Creek Homeowners Association. Mr. Hallisey reviewed the history of the request, and stated that the association acknowledges there is a problem with parking and has volunteered to work with the petitioner to develop a comprehensive parking plan. He stated the association believes that this proposed parking plan is the best design for the site, but the neighbors want assurances that additional parking will not be requested in the future. He stated the current parking management practices are inadequate as residents are allowed to park on the grass, and there is no direction as to where guests using the party room should park. He stated the Plymouth Creek Homeowners Association does not support the Metropolitan Life request until an adequate parking management plan is submitted and enforced. Mr. Hallisey requested that the Council table this item for at least 30 days in order for the Regular Council Meeting July 12, 1993 Page 16 association to meet with the petitioner to develop some objective criteria and standards for inclusion in the parking management plan. He stated the association wants the parking problem to be corrected, but they don't want something that can't be enforced. He stated the current plan contains no enforcement. Richard Morris, 6600 France Avenue South, represented Vicksburg Village Apartments and Metropolitan Life. He stated that when Vicksburg Village Apartments were constructed, the City Code required 1.5 parking spaces per unit. Since that time, the City has increased the requirement to 2.5 spaces per unit. He stated the City mandated Vicksburg Village Apartments to return with a plan to increase the number of parking spaces on the lot. The previous plan submitted in 1991 was denied, and the Council directed Vicksburg Village Apartments to meet with the residents of the homeowner association to develop a plan for additional parking. He stated the new plan has extensive berming, landscaping, and special lighting. This was all done to address concerns of the adjacent property owners. The parking lot expansion plan did not focus on a parking management plan. He believes that the parking problems will be resolved at Vicksburg Village if the parking lot expansion is approved. He stated that if the problem is not resolved through the addition of parking, an extensive parking lot management plan will be done. Mr. Morris stated they have come before the Council and the Planning Commission a number of times with this request; however, they will meet with the neighbors to continue discussions on management of the parking lot. Councilmember Vasiliou stated discussions need to continue between Vicksburg Village Apartments and the Plymouth Creek Homeowners Association with respect to the parking management plan. She stated that both groups appear to agree to the need for additional parking. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to table the request of Metropolitan Life for no longer than 30 days. Motion carried on a roll call vote, five ayes. Mayor Bergman noted that the applicant is requesting a variance to exceed 30% impervious coverage in a shoreland overlay management district. He stated it is important that the fine points be addressed in this request, and noted that no member of the Council has indicated they would be willing to consider additional parking beyond this request. ITEM 8-C FILLING OF WETLAND AND MITIGATION PLAN - CAMELOT OVERLOOK (93035) Public Works Director Moore presented a proposed wetland and mitigation plan for Camelot Overlook. He stated the report covers the filling and mitigation of Regular Council Meeting July 12, 1993 Page 17 wetlands south of County Road 47 and west of I-494. A total of 1.58 acres of wetland will be filled for the construction of Yucca Lane, 56th Avenue, and several lots in proposed Camelot Overlook Addition. This mitigation plan is being proposed prior to submission of the preliminary plat. Director Moore stated the City adopted a policy to administer the implementation of the Wetland Conservation Act of 1991. The following is one of the conditions in the policy which must be satisfied in order for the Council to determine that wetland filling will be allowed with appropriate mitigation. "The basic purpose of the project cannot be accomplished by a reduction in the size, scope, configuration, or density of the project as proposed, or by changing the design of the project in a way that would avoid or result in fewer adverse affects on the wetland." He stated that as a result of staff comments, the developer has redesigned the proposed plat and made a lesser impact on the wetland by moving Yucca Lane easterly. This resulted in two less lots in the proposed development. He recommended that the Council should address whether lots on the 57th Avenue cul-de-sac should also be eliminated to further reduce wetland filling. If the three lots at the end of the cul- de-sac were eliminated and the length of the cul-de-sac shortened, only a minor amount of wetland filling would be necessary. He stated that even if the Council would approve the wetland plan, the Planning Commission will make an independent recommendation with respect to the proposed preliminary plat when it is submitted. That action could require a revised wetland mitigation plan. He explained the type of wetland that exists. Ken Gustafson, engineer for the developer, stated that a portion in the middle of the cul-de-sac is a fringe wetland area. It collects overflow water from the south marsh. He noted that the power line on the east side of Yucca Lane restricts development to only one side. He stated there are a lot of restrictions with respect to development of this site and requested that the Council approve the wetland mitigation plan as submitted. Councilmember Helliwell asked if Mr. Gustafson would feel comfortable building on the areas designated as overflow areas. Mr. Gustafson stated yes, that the soil can be corrected in this area. Mayor Bergman stated he feels the proposed wetland mitigation plan is fair, given the restrictions for development on the lot because of the power line and the extensive wetlands. Councilmember Tierney asked if the plan achieves a one-to-one mitigation ratio. Mr. Gustafson stated yes. Regular Council Meeting July 12, 1993 Page 18 MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, to adopt RESOLUTION 93-392 APPROVING WETLAND MITIGATION PLAN - CAMELOT OVERLOOK (93035) Motion carried on a roll call vote, five ayes. ITEM 8-D AWARD OF CONTRACT FOR CITY CENTER EXPANSION Property Management Coordinator Tabery stated that in January 1993, the Council authorized architects to proceed with design and specifications for the proposed City Center Administration expansion. On May 17, the City Council authorized solicitation and advertisement for bids with specific direction as to deduction alternates. He presented those bids and alternates and recommended that the Council adopt a resolution authorizing the project budget for the City Center expansion for $3,091,100. He further recommended that the contract be awarded to Knutson Construction Company in the base bid amount of $2,414,000. Councilmember Edson stated that one of the alternatives bid was not to finish the lower level. He stated that the cost difference in this alternate was much less than earlier estimated. Jeremy Bork, Polson/Trossen/Wright, the City's architect for the project, stated that even though the lower level would not be finished, the area would still require minimal lighting, fixtures, and heating, as well as sprinkling. He stated the cost difference for that alternate was less than originally assumed. Mayor Bergman noted that a seven member Council will be taking office in January. He stated this project is not a question of need, but a question of timing. He stated there are some advantages of awarding the bid now because of a good construction climate; however, the bid climate may still be good after the first of the year. Councilmember Vasiliou stated her only reservation relates to timing of the project. Councilmember Edson stated he had supported soliciting bids in order to obtain accurate cost information for the project. He agreed that the project is not a question of need, but of timing. He also expressed disappointment that alternate 1 didn't come in with a greater project cost difference. He also would like to complete the 1994 budget preparation before considering the City Center expansion project. Regular Council Meeting July 12, 1993 Page 19 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to defer consideration of a proposed City Center Expansion until the first quarter of 1994. Councilmember Edson stated the Council can discuss the proposed expansion during budget discussions for 1994; however, he believed the project should be rebid in January when a new Council takes office. Councilmember Tierney stated there is a definite need for the expansion, and she is concerned that a project delay may incur additional costs due to winter construction. She views this action as a deferral of the project and asked the architect what additional costs may be incurred by delaying. Mr. Bork stated the entire project would be rebid and increased costs may result from inflation or winter construction. Councilmember Tierney asked if any interim improvements would be done to the existing building. Coordinator Tabery stated that with only a nine-month delay, he wouldn't recommend spending any significant amount of money on renovation of the existing space. He stated additional space is needed, but it would probably be better to stay with the existing space, rather than have several departments go through another complete move. Motion to defer carried on a roll call vote, five ayes. ITEM 9-A CITY COUNCIL SALARIES Assistant City Manager Lueckert recommended that the City Council establish 1994 salaries for the Mayor and City Councilmembers prior to the candidate filing deadline. She stated establishing the compensation levels now would also aid in planning for the 1994 budget. She presented a number of options for the 1994 salary levels, and noted that beginning in January, six Councilmembers, rather than four, will receive compensation. Councilmember Vasiliou stated that she had contacted the Finance Director to determine when the City Council last received a salary increase. He had indicated that the City Council in October of 1989 adopted increases effective January of 1990 and January of 1991. She also had discussed salary levels with elected officials from neighboring communities. Given that Plymouth's current salaries for Mayor and City Council are very comparable to other communities, she supports freezing the existing salary levels and extending that same salary to the two new Councilmembers taking office in January. Regular Council Meeting July 12, 1993 Page 20 Councilmembers did not recall receiving an increase between 1990 and 1991, and directed staff to report back. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to retain the current salary levels for Mayor ($8,600) and for Councilmembers ($6,300), and to budget for the same rate for the two additional Councilmembers in January 1994. Mayor Bergman suggested that the Council consider an alternate salary plan whereby Councilmembers would be paid on a per meeting basis and deductions would be made for absences. Councilmember Vasiliou stated there is not currently an attendance problem on the Council and there are provisions in the City Code to address consistent absences. She would not support a penalty system. Councilmember Helliwell agreed that there has been no attendance problem on the Council. She stated there will be times when Councilmembers have family obligations and business obligations that will take priority, but Councilmembers have been conscientious about attending meetings. Councilmember Edson stated the Council has made an effort to establish study session meetings through consensus in order to get as many people there as possible, and there is not an attendance problem. Councilmember Vasiliou stated her concerns relate to when there are agenda items that require four-fifths votes, and Councilmembers do not inform the City Manager that they may be gone from the meeting. Motion carried on a roll call vote, five ayes. ITEM 9-B STUDY SESSION SCHEDULE AND CITY COUNCIL INFORMATION MEMORANDUM Manager Johnson reported on upcoming study sessions. The meeting was adjourned at 9:54 p.m. City Clerk