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