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HomeMy WebLinkAboutCity Council Minutes 08-16-1993MINUTES REGULAR COUNCIL MEETING AUGUST 16, 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 August 16, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, and Vasiliou ABSENT: Councilmember Tierney STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Acting Community Development Director Ryan, Park Director Blank, City Attorney Meller, and City Clerk Rauenhorst ITEM 5 APPROVE AGENDA Item 6-T was moved on the agenda to follow Item 8-C. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to approve the agenda as amended. Motion carried, four ayes. ITEM 6 CONSENT AGENDA MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to approve the Consent Agenda, removing Item 6-T. Motion carried on a roll call vote, four ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to approve the City Council minutes of the July 19 Regular Council Meeting, the July 26 Council Study Session, the August 2 Special Council Meeting, and the August 2 Regular Council Meeting. Motion carried on a roll call vote, four ayes. Regular Council Meeting August 16, 1993 Page 2 ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-453 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 6, 1993. Motion carried on a roll call vote, four ayes. ITEM 6-C CIGARETTE LICENSE FOR EMPORIUM EXCEPTIONALE MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-454 APPROVING 1993 CIGARETTE LICENSE APPLICATION FOR EMPORIUM EXCEPTIONALE, INC. Motion carried on a roll call vote, four ayes. ITEM 6-D TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LION'S CLUB MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-455 APPROVING TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB. Motion carried on a roll call vote, four ayes. ITEM 6-E GARBAGE HAULER LICENSE FOR NASH AND SONS HAULING MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-456 APPROVING GARBAGE HAULER LICENSE FOR NASH AND SONS HAULING. Motion carried on a roll call vote, four ayes. ITEM 6-F QUANTUM DEVELOPMENT -CUP FOR USE BY SCHOOL DISTRICT 284 OF BEACON HEIGHTS SCHOOL (93064) MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-457 APPROVING CONDITIONAL USE PERMIT FOR QUANTUM DEVELOPMENT LOCATED AT 12325 STATE HIGHWAY 55 (93064). Motion carried on a roll call vote, four ayes. Regular Council Meeting August 16, 1993 Page 3 ITEM 6-G MID AMERICA ENTERTAINMENT COMPANY - AMENDED PUD PRELIMINARY PLAN, PUD FINAL SITE PLAN AND LOT DIVISION (93066) MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-458 APPROVING MPUD PRELIMINARY PLAN AMENDMENT AND MPUD FINAL SITE PLAN FOR MID AMERICA ENTERTAINMENT COMPANY LOCATED AT 4175 VINEWOOD LANE NORTH (93066). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-459 APPROVING LOT DIVISION AND VARIANCE FOR MID AMERICA ENTERTAINMENT COMPANY LOCATED AT 4175 VINEWOOD LANE NORTH (93066). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-460 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR MID AMERICA ENTERTAINMENT COMPANY LOCATED AT 4175 VINEWOOD LANE NORTH (93066). Motion carried on a roll call vote, four ayes. ITEM 6-H PARKVIEW RIDGE TOWNHOME HOMEOWNERS ASSOC. - RPUD PRELIMINARY PLAN AMENDMENT AND CUP (93070) MOTION was made by Councilmember Edson, seconded by Councilmember Vasilou, to adopt RESOLUTION NO. 93-461 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR PARKVIEW RIDGE HOMEOWNERS ASSOCIATION LOCATED NORTHWEST OF 38TH AVENUE NORTH AT MINNESOTA LANE (93070). Motion carried on a roll call vote, four ayes. Regular Council Meeting August 16, 1993 Page 4 ITEM 6-I SKYLINE DESIGN INC. - AMENDED PUD PLAN AND CUP (93072) MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-462 APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR SKYLINE DESIGN, INC., FOR PROPERTY LOCATED AT 1040 YUMA LANE (93072) Motion carried on a roll call vote, four ayes. ITEM 64 SINCLAIR MARKETING - CUP FOR GASOLINE SERVICE STATION (93073) MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-463 APPROVING CONDITIONAL USE PERMIT FOR SINCLAIR MARKETING OF MINNESOTA LOCATED AT 9605 36TH AVENUE NORTH (93073). Motion carried on a roll call vote, four ayes. ITEM 6-K SINCLAIR MARKETING OF MINNESOTA - GASOLINE SERVICE STATION LICENSE MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-464 APPROVING GASOLINE SERVICE STATION LICENSE FOR SINCLAIR MARKETING, 9605 36TH AVENUE NORTH. Motion carried on a roll call vote, four ayes. ITEM 6-L TOBIN REAL ESTATE - PUD FINAL PLANXINAL PLAT FOR WEST SUBURBAN HEALTH CAMPUS DEVELOPMENT (93068) MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-465 APPROVING MPUD FINAL SITE PLAN FOR TOBIN REAL ESTATE FOR THE FIRST PHASE OF THE WEST SUBURBAN HEALTH CAMPUS ADDITION LOCATED IN THE NORTHEAST QUADRANT OF HIGHWAY 55 AND I-494 (93068) MPUD 81-1). Motion carried on a roll call vote, four ayes. Regular Council Meeting August 16, 1993 Page 5 MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-466 APPROVING FINAL PLAT FOR TOBIN REAL ESTATE FOR THE FIRST PHASE OF THE WEST SUBURBAN HEALTH CAMPUS ADDITION LOCATED IN THE NORTHEAST QUADRANT OF HIGHWAY 55 AND I-494 (93068) (MPUD 81-1). Motion carried on a roll call vote, four ayes. ITEM 6-M RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENT MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-467 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR SELECT METALS INDUSTRIES LOCATED AT 14920 27TH AVENUE NORTH (88100). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-468 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR ASCENSION LUTHERAN CHURCH LOCATED AT 15870 46TH AVENUE NORTH (90046). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-469 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR PARKSIDE APARTMENTS LOCATED AT THE SOUTHWEST CORNER OF OLD ROCKFORD ROAD AND 41ST AVENUE NORTH (91087). Motion carried on a roll call vote, four ayes MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-470 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR KELLY WEST VENTURES LOCATED AT 2705 ANNAPOLIS LANE NORTH (92026). Motion carried on a roll call vote, four ayes. Regular Council Meeting August 16, 1993 Page 6 ITEM 6-N EXTENSION OF SITE IMPROVEMENT PERFORMANCE MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-471 AUTHORIZING EXTENSION OF SITE IMPROVEMENT PERFORMANCE AGREEMENT FOR GEM ENTERPRISES LOCATED AT 11311 STATE HIGHWAY 55 (91109). Motion carried on a roll call vote, four ayes. ITEM 6-0 APPROVE BALL FIELD IMPROVEMENTS AT BIRCHVIEW ELEMENTARY SCHOOL MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-472 APPROVING THE UPGRADE OF BALL FIELDS AT BIRCHVIEW ELEMENTARY SCHOOL. Motion carried on a roll call vote, four ayes. ITEM 6-P APPROVE REMOVAL OF TRAIL CONNECTION TO CHELSEA MEWS MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-473 APPROVING THE REMOVAL OF TRAIL CONNECTION TO CHELSEA MEWS. Motion carried on a roll call vote, four ayes. ITEM 6-O CHANGE POLLING LOCATION FOR PRECINCT 1S MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-474 APPROVING POLLING LOCATIONS FOR THE CITY OF PLYMOUTH, AND CHANGING POLLING LOCATION FOR PRECINCT 18. Motion carried on a roll call vote, four ayes. ITEM 6-R DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-475 REDUCING DEVELOPMENT BOND - EAGLEWOOD ADDITION (92110). Regular Council Meeting August 16, 1993 Page 7 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-476 REDUCING DEVELOPMENT BOND - BRIDLEWOOD FARM 3RD ADDITION (93021). Motion carried on a roll call vote, four ayes. ITEM 6-S APPROVE PLANS AND ORDER BIDS FOR 1993 TRAIL IMPROVEMENTS, PROJECT 317 MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-477 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1993 TRAIL IMPROVEMENTS, CITY PROJECT NO. 317. Motion carried on a roll call vote, four ayes. ITEM 7-A VACATION OF STREET RIGHT OF WAY AND EASEMENTS IN WEST SUBURBAN HEALTH CAMPUS Mayor Bergman opened a public hearing at 7:04 p.m. on the proposed vacation of street right-of-way and easements in proposed West Suburban Health Campus. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-478 AUTHORIZING THE VACATION OF A PORTION OF ANNAPOLIS CIRCLE RIGHT-OF-WAY IN NORTHWEST BUSINESS CAMPUS. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-479 AUTHORIZING THE VACATION OF CERTAIN UTILITY AND DRAINAGE EASEMENTS IN OUTLOT A, NORTHWEST BUSINESS CAMPUS 7TH ADDITION. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-480 AUTHORIZING THE VACATION OF UTILITY AND DRAINAGE EASEMENTS IN LOT 3, BLOCK 1, NORTHWEST BUSINESS CAMPUS 6TH ADDITION. Regular Council Meeting August 16, 1993 Page 8 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-481 AUTHORIZING THE VACATION OF CERTAIN DRAINAGE EASEMENTS FOR PONDING IN NORTHWEST BUSINESS CAMPUS ADDITION. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-482 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 93-478, RESOLUTION NO. 93-479, RESOLUTION NO. 93-480, AND RESOLUTION NO. 93-481 VACATING DRAINAGE AND UTILITY EASEMENT, DRAINAGE EASEMENT FOR PONDING, AND A PORTION OF ANNAPOLIS CIRCLE RIGHT-OF-WAY IN NORTHWEST BUSINESS CAMPUS, NORTHWEST BUSINESS CAMPUS 6TH ADDITION, AND NORTHWEST BUSINESS CAMPUS 7TH ADDITION. Motion carried on a roll call vote, four ayes. ITEM 8-A METROPOLITAN LIFE - AMENDMENT TO RPUD PRELIMINARY PLAN/CUP TO INCREASE OFF-STREET PARKING BY 99 SPACES AT VICKSBURG VILLAGE APARTMENTS (91071) Associate Planner Keho stated that at the July 12, 1993, meeting the Council discussed the proposed parking management plan for Vicksburg Village Apartments. The item was tabled so that additional discussion could continue between the Vicksburg Village Apartment Management Company and the Plymouth Creek Homeowners Association regarding the parking management plan. City staff received a copy of the proposed plan from the applicant on August 5. The letter submitted with the parking management plan indicated that they have not necessarily reached an agreement with the homeowners' association and they requested that the Council vote on the application at the August 16 meeting. Planner Keho stated the parking management plan includes issuance of one parking sticker per registered adult lessee, the prohibition of recreational vehicles, classic cars, trailers, boats or seasonal vehicles from use of both the underground parking and surface parking areas, and restrictions on guest parking. The plan also calls for the towing of all vehicles which are not in compliance with the parking procedures, 24 hours after the initial tagging. Richard Morris, 6600 France Avenue, appeared on behalf of Vicksburg Village Apartments and Metropolitan Life. He stated that in December of 1990, the Regular Council Meeting August 16, 1993 Page 9 Council in reacting to complaints from the Plymouth Creek Homeowners Association, police, and Vicksburg Village residents, changed the number of parking spaces required for apartment developments from 1.5 to 2 spaces per unit, but also asked Vicksburg Village owners to provide an action plan on how they can resolve the parking problems at Vicksburg Village. Mr. Morris stated that in October of 1991 they submitted a plan to increase parking by 101 spaces. The Council denied this request and suggested that the Vicksburg Village owners meet with representatives of the homeowners association. Mr. Morris stated that over 13 meetings have been held with the homeowners association and the Vicksburg Village owners have examined all alternatives to address the parking situation. As a result of those meetings, Vicksburg Village owners and the homeowners association have agreed to improvements to increase parking. He stated the proposed parking plan includes extensive berming, lighting and landscaping improvements. He said Vicksburg Village has met most of the requests of the adjacent property owners; however, they are not willing to agree to a deed restriction indicating that they would never again ask for additional parking. Mr. Morris stated that there are currently 621 residents of Vicksburg Village Apartments, and 535 available parking spaces. He stated that given this difference, no parking management plan could completely resolve the parking issue because there is a shortage of spaces. He stated that the parking management plan has not been strictly enforced in the past, but it has been enforced for the past several weeks. Mr. Morris stated the owner of Vicksburg Village has no intention of requesting additional parking beyond this request because the owner believes that the additional 99 spaces, along with strict enforcement of the new parking management plan, will solve the parking problem at Vicksburg Village. Mr. Morris said the proposed parking will not be injurious to the abutting properties, and the parking improvements will enhance the value of the Vicksburg Village property. Laura and Michael Greeder, 15720 County Road 9, stated they are residents of Vicksburg Village Apartments and do not support the proposed parking expansion. Mr. Greeder said that the placement of the proposed parking lot will ruin the view from their apartment. He stated that at times it is difficult to find a convenient parking space, but it has never been impossible. He believes the owner should force residents to use their underground parking spaces. At times he has found 20-25 spaces that are not being used at 1:00 a.m. Mr. Greeder said that the proposed improvements will be an eyesore and could create noise problems, and there is no good access to the building for residents and no doors to the building at the location of the proposed new parking area. Also, the improvements will be paid for by residents through rent increases. Mr. Greeder expressed concerns about the safety of children using the tot lot, and the potential harm to the environment if the parking area is constructed. Regular Council Meeting August 16, 1993 Page 10 In response to questions by Councilmember Vasiliou, Mr. Greeder stated that they have lived at Vicksburg Village for approximately one year, and have seen some obvious improvements with respect to parking since the management plan was instituted over the last few weeks. More parking spaces have been available closer to their building. Pat Hallisey, 4065 Quantico Lane, stated that had the city ordinance requiring two parking spaces per unit been in effect when Vicksburg Village was constructed, less units would have been built. He noted that Plymouth Creek Homeowners' Association representatives have also attended the 13 plus meetings with the owners/managers of Vicksburg Village Apartments, and these residents voluntarily attended these meetings in order to protect their rights, protect the value of their property, and to participate in a process established by the City Council to develop a comprehensive plan to solve the parking problem. Mr. Hallisey concurred that most of the requests have been fulfilled relating to the parking lot; however, most requests relating to the comprehensive plan have not. He stated that Metropolitan Life refused to place a deed restriction on the property that they would make no further requests for additional parking beyond this request. Mr. Hallisey stated that no meetings were held with the homeowners association regarding the proposed parking management plan. It was mailed to the homeowners association. Mr. Hallisey expressed a number of concerns relating to the parking management plan. He stated that Vicksburg Village management could increase the number of registered residents to a point that even the 99 increased spaces would not be sufficient. He stated the management of Vicksburg Village should also be enforcing use of the underground parking spaces, and tagging people who are parked improperly. He suggested that towing of vehicles should occur sooner than 24 hours following the initial tagging. Mr. Hallisey stated the Vicksburg Village owner has grudgingly participated in development of the comprehensive plan to resolve the parking issue with the homeowners association. Mr. Hallisey stated that the first time the increased parking was requested, the applicant requested 150 increased spaces. Now the request has been reduced to 99 spaces. He questioned whether the reduction was based on information that fewer parking spaces are now needed, or if a parking problem will still exist. Mr. Hallisey stated that the homeowners association believes that if the parking management plan is enforced for a period of time and a problem still exists, then the proposal for increased parking should be considered. However, Vicksburg Village Apartments should take care of their parking management problems and enforcement issues first. John Heinrich, 15740 County Road 9, stated he has lived at Vicksburg Village Apartments for the last year and is aware of the parking shortage. His parking lot is completely full. He stated there is an 11 percent vacancy rate at Vicksburg Regular Council Meeting August 16, 1993 Page 11 Village right now and more spaces are needed. He requested that the Council consider approval of the request. Council member Helliwell asked if the underground parking is being completely used. Mr. Heinrich stated that the recent parking management plan changes have increased the use of the underground parking. Council member Vasiliou stated that the representative of Vicksburg Village Apartments had previously indicated the occupancy is 97 percent; not 89 percent. She also stated that until August 6, 1993, there was no strict enforcement of the parking management plan. She suggested that the Council may wish to consider delaying action on the request to provide a period of time to determine if the parking management plan could adequately solve the parking problem. Mr. Morris explained the discrepancy in the occupancy percentages. He stated that the apartments are currently 89 percent full; however, as of September 1, they will be 97 percent full. Councilmember Vasiliou stated that it is ineffective not to tow vehicles until 24 hours after a violation occurs. Mr. Morris explained that a shorter period of time between the tagging and towing may be needed, but this creates a hardship for residents because there is not adequate space in which to park. Councilmember Vasiliou stated that other apartment structures have been built using the same standard of 1.5 parking stalls per unit. She asked if those structures are experiencing the same parking problems as Vicksburg Village, Mr. Morris stated that several similar apartment structures are experiencing the same type of parking problems. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-483 DENYING AN AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AMENDMENT; AND AMENDED RPUD FINAL SITE PLAN INCLUDING SHORELAND OVERLAY DISTRICT VARIANCE FOR METROPOLITAN LIFE FOR VICKSBURG VILLAGE APARTMENTS LOCATED AT 15700 ROCKFORD ROAD (91071). Councilmember Vasiliou stated the purpose of her motion is to allow time for the recently implemented and enforced parking management plan to work. She stated Regular Council Meeting August 16, 1993 Page 12 that the Council can reconsider the request in approximately six months if the parking problems have not been resolved. She noted that residents have seen an improvement in the parking situation in only the two weeks since the parking management plan has been implemented and enforced. Councilmember Edson stated he would support this action. He stated that a variance is required for coverage of impervious surface in the Shoreland Management District, and the Council has an obligation to consider all alternatives prior to increasing parking. He stated he would be willing to consider additional spaces if the parking management plan is not successful. Councilmember Helliwell expressed concerns of where additional vehicles will park as of September 1 when the Vicksburg Village Apartments have a 97 percent occupancy. She stated that the Council has discussed various solutions to this problem for months, and she does not believe that deferring the issue for another six months will resolve the problem. Motion carried on a roll call vote, Edson, Vasiliou, and Bergman ayes; Helliwell nay. ITEM 8-13 PAYMENT NUMBER 3 AND FINAL - WESTON LANE DRAINAGE IMPROVEMENTS, PROJECT NO. 130 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-484 REQUEST FOR PAYMENT NUMBER 3 AND FINAL, WESTON LANE AREA - STORM DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 130 Motion carried on a roll call vote, four ayes. ITEM 8-C DAHLSTROM COMPANIES - THOROUGHFARE GUIDE PLAN AMENDMENT TO REMOVE MINOR COLLECTOR DESIGNATION FROM 43RD AVENUE NORTH TO BERKSHIRE LANE (93069) Associate Planner Keho explained the request of Dahlstrom Companies for a Thoroughfare Guide Plan amendment to remove the minor collector designation from 43rd Avenue North to Berkshire Lane. He stated that at the public hearing, several people who spoke had questions concerning traffic movement at Fernbrook Lane and Rockford Road. Two homeowners indicated their support of the proposal and two letters of opposition were received. A neighboring property owner also spoke against the proposal, indicating that this amendment would negatively impact his ability to develop his property. Regular Council Meeting August 16, 1993 Page 13 Planner Keho stated that during the discussion of this request, the applicant described the proposed preliminary plat for this area and how he believed that the minor collector would impact that development. A Planning Commission motion to make the Thoroughfare Guide Plan amendment subject to the upcoming preliminary plat failed. Planner Keho stated that the Planning Commission considered the preliminary plat and rezoning for the proposed subdivision at this location on August 11. Discussion included concerns regarding the excessive length of the cul-de-sac, the street connection to Berkshire Lane, and the requested variances. Planner Keho stated that with the Fernbrook Townhomes project, the minor collector was relocated from 44th Avenue North to 43rd Avenue North. The amount of traffic has been decreased from that originally anticipated. It is estimated that only 5 percent of the traffic would be diverted if the connection were made. He stated that the Planning Commission on a 3 to 2 vote recommended approval of this Thoroughfare Guide Plan amendment. Terry Dahlstrom, Dahlstrom Companies, introduced Steve Johnson, Loucks and Associates; Rod Krass, Southpointe Center - Bloomington; and Larry Dallam, 6700 France Ave. South, Edina. Mr. Dahlstrom stated there are four to five landowners involved in this project and the site contains wetlands and wooded areas. The site could handle a higher density than that which he will be proposing. He said one major constraint with development of the site is the minor collector street which goes through the heaviest wooded area of the site, as well as the steep slopes. He stated his ultimate goal is to eliminate the road altogether thus eliminating the connection with the industrial area. Steve Johnson, Loucks and Associates, stated that they feel it is important to eliminate the road connection in order to separate the industrial and residential traffic. Elimination of the roadway would provide a sense of neighborhood for the residential area as well as maintain property values. It would also help preserve some of the natural site features. Mr. Johnson stated that if the road is eliminated, a cul-de-sac of about 3,300' would be needed for their proposed development until the property to the north is developed. Even after development of the property to the north, the cul-de-sac would be approximately 900' long. He stated that a park trail/emergency vehicle access is proposed in the preliminary plat in order to mitigate for the cul-de-sac length. Mr. Johnson cited a number of examples in the City where cul-de-sac lengths greater than the standard have been approved. Mr. Johnson stated that the change in designation of the minor collector status from 44th Avenue to 43rd Avenue a number of years ago was the action that made the street no longer a viable collector route; not this proposed development. Councilmember Helliwell asked how many lots are proposed in the development. Regular Council Meeting August 16, 1993 Page 14 Mr. Johnson stated that 40 single family lots are proposed. Councilmember Helliwell asked how the plan would be affected if the minor collector street remains in place. Mr. Johnson stated that he is not sure their project is financially viable for single family housing development without removal of the minor collector. Councilmember Vasiliou asked if Mr. Dahlstrom intends to be the sole builder for the subdivision. Mr. Johnson stated there would be three to four builders for the development. Larry Dallam stated he has been doing transportation planning for 22 years. He discussed the amount of traffic estimated to be generated by the development, as well as the impact of that traffic on Fernbrook Lane and particularly the intersection of County Road 9 and Fernbrook Lane. Mr. Dallam stated that if the 27 acres is developed at its highest allowable density, there would be an estimated 772 vehicle trips per day. However, under Mr. Dahlstrom's proposal of 1.5 units per acre, 229 vehicle trips per day are estimated. He stated that 1989 traffic counts show 2,900 vehicles per day at the Fernbrook Lane and County Road 9 intersection. He stated that Fernbrook Lane is forecasted to carry 7,000 vehicles per day assuming improvements are made to Schmidt Lake Road and Fernbrook Lane, as well as the interchange at Schmidt Lake Road and I-494. He stated that this development will not adversely affect traffic on Fernbrook Lane or the County Road 9/Fernbrook Lane intersection. Rod Krass stated that Mr. Dahlstrom has had difficulty in assembling the four to five property owners in order to propose the development. He stated the timing is critical if the project is to be completed at this time. He noted that the Planning Commission Chairperson supported the deletion of the minor collector but wanted that action tied to approval of the plat. He stated the developer wanted to move ahead with consideration of deletion of the minor collector before the preliminary plat is considered due to economic constraints, the end of the construction season, and the time needed for Met Council consideration of the Guide Plan amendment. Mr. Krass asked the Council to provide direction on whether they would be comfortable with a preliminary plat proposal which would eliminate the road completely. Mr. Krass stated that the value of the 40 lots with the elimination of the road would be about another $172,000. He stated another $30,000-$40,000 would be saved on the actual construction cost of the road. Mr. Krass stated that with the reduced lot values and the cost of constructing a roadway, the project may no Regular Council Meeting August 16, 1993 Page 15 longer be economically feasible. He stated the property will develop at some time, but probably more on a piecemeal basis rather than as one entire development. Mr. Krass stated that the minor collector would carry only 5 percent of the traffic that it was originally contemplated to carry because of the movement of the designation from 44th to 43rd Avenue. He stated that decision in 1988 made the street obsolete. Mr. Krass addressed a pending lawsuit occurring in the area, and stated that this lawsuit will have no impact on the development or on the city. Kevin Begin, 4300 Fernbrook Lane, stated that he believes the traffic impact from this development will be significant. He recommended that this item be remanded to the Planning Commission for further consideration of the estimated traffic figures. Mr. Begin stated that significant efforts were made in 1988 to move the minor collector status from 44th to 43rd Avenue, and he described the history of the land -locked parcel. Mr. Begin stated he has removed buildings and done land reclamation on his site to prepare it for development, and elimination of the road will adversely impact his ability to develop his parcel. Councilmember Edson stated he has concerns about completely eliminating the street because the City has alternatives to consider. He stated that elimination of the street would require residents of the neighborhood to make left-hand turns at an uncontrolled intersection onto Fernbrook Lane, which is estimated to have 7,000 vehicles per day. Mayor Bergman stated that although the Council has approved cul-de-sac lengths in excess of the city standard, that is usually done when there is no other available alternative. Mr. Krass questioned whether the road is even needed, and stated that there will be costs to construct and maintain it. Mr. Krass stated there will be additional problems if the roadway connects the residential and industrial areas. Mr. Johnson showed examples of other approved cul-de-sacs greater than the 500' standard length. He cited one example of a 1,600' cul-de-sac near Target Greatland to serve a 38 lot development. He stated that access would have had to be provided directly to 42nd Avenue but this was not done in order to preserve the residential nature of the development and separate land uses. Kevin Begin stated that the developer also has the option of doing a higher density development on the parcel and leaving the street in place. He stated that the 3,200' cul-de-sac could be permanent if the road is not constructed to join the adjacent development to the north. Regular Council Meeting August 16, 1993 Page 16 Councilmember Helliwell expressed concern with removing the minor collector designation before considering the preliminary plat. She was also concerned about the excessive cul-de-sac length. Councilmember Vasiliou stated she is concerned about the length of the cul-de-sac as well. She noted that this cul-de-sac would be about 2 1/2 times as long as any cul-de-sac previously approved in the city. Councilmember Edson stated he is concerned about the traffic impact, the cul-de- sac length, and the affect removal of the roadway would have on the abutting property owners. He stated that the abutting property owners have smaller parcels that may be difficult to develop without the roadway connection as planned. Mr. Krass suggested that the Council table consideration of the removal of the minor collector designation for two weeks so that it can be considered along with the preliminary plat for the development. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to table the request of Dahlstrom Companies for Thoroughfare Guide Plan amendment to remove the minor collector designation from 43rd Avenue to Berkshire Lane until August 30. Motion carried on a roll call vote, four ayes. Note: See additional action on this item after Item 9-A) ITEM 6-T WETLAND MITIGATION PLAN FOR PROPOSED WEST OAKS OF PLYMOUTH ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to defer consideration of the Wetland Mitigation Plan for the proposed West Oaks of Plymouth Addition until August 30. Motion carried on a roll call vote, four ayes. Mayor Bergman called a recess of the meeting at 9:35 p.m. The meeting was reconvened at 9:41 p.m. ITEM 9-A XENIUM LANE/VINEWOOD LANE IMPROVEMENT PROJECT PROJECT NO. 214 Public Works Director Moore requested that the Council provide direction to staff on proceeding with the necessary acquisition of right-of-way for the extension of Xenium Lane northeasterly to Vinewood Lane or to Northwest Blvd. He stated in Regular Council Meeting August 16, 1993 Page 17 September 1992, the City Council received a preliminary engineering report on the necessary improvements to extend Xenium Lane northeasterly from where it currently ends at approximately 38th Avenue to connect with Northwest Blvd. Xenium Lane would also provide a connection to Vinewood Lane within the Cottonwood Plaza Shopping Center. The estimated cost of the project, exclusive of right-of-way, was $1,048,000. In order to construct Xenium Lane all the way to Northwest Blvd., right of way would need to be acquired from three parcels. After receiving the Preliminary Engineering Report, the Council also authorized appraisals to determine the value of the property and the estimated cost to purchase the street right-of-way. Director Moore presented these values for each parcel and stated the amount indicated as "damages" is for the estimated cost to purchase an 80' wide street right-of-way for Xenium Lane. Director Moore stated the need for Xenium Lane was projected as part of the traffic studies completed for the Prudential Northwest Business Campus. The traffic studies indicated that Northwest Blvd. needed to be extended and completed from Highway 55 to County Road 9 with the first phase of development. That has been completed. At the completion of the entire Northwest Business Campus development, the traffic studies further indicate that an additional route to the north would be necessary since Northwest Blvd. would not have the capacity to handle all of the peak hour traffic. Director Moore described three alternatives the Council could consider regarding the project. The first would be to not construct the roadway at this time. Under this alternative, construction of the roadway would wait until development proposals were received for the three parcels or until traffic volumes generated from the Northwest Business Campus were such that the construction of the roadway was necessary to relieve traffic on Northwest Blvd. The second alternative would be to construct Xenium Lane to Northwest Blvd. and make the connection to Vinewood. This would complete the city's proposed transportation system within the area that is necessary at the full development of the Northwest Business Campus. The roadways would be in place before any development on the three parcels of land and would make any prospective purchaser of lots within the area aware of the entire roadway system. The third alternative would be to construct Xenium Lane northerly to the Vinewood Lane connection. This alternative would provide an outlet for the area to County Road 9. Unless sanitary sewer was constructed easterly from Vinewood Lane to Northwest Blvd. where no road would be constructed under this alternative, the land adjacent to the constructed Xenium Lane would not be available for development. Director Moore requested that the Council provide direction on proceeding with the acquisition of the necessary right-of-way in order for the project to proceed. He recommended that all of Xenium Lane be constructed to Northwest Blvd. and Regular Council Meeting August 16, 1993 Page 18 further, that the City purchase the three parcels. He stated that after the roadway is constructed, the excess land would be resold for development purposes. This is the procedure that the city used to acquire the necessary right-of-way for Northwest Blvd. adjacent to the Northwest Business Campus. Jerome Begin, 5635 Vicksburg Lane, stated it is immaterial whether the city purchases the right-of-way, but he would like Vinewood Lane completed. He asked that the Council complete this project as soon as possible. The Council discussed the options available for acquisition of right-of-way, including the quick take process. Manager Johnson stated he concurs with Director Moore's recommendation. He stated that the quick take process would take at least 120 days which would put the project into the winter construction season anyway. He stated the city has nothing to lose by proceeding with the normal acquisition process. MOTION was made by Mayor Bergman, seconded by Councihnember Edson, to authorize staff to proceed with the acquisition of all three parcels for construction of Xenium Lane to Northwest Blvd. and making the connection to Vinewood Lane. Motion carried on a roll call vote, four ayes. ITEM 8-C DAHLSTROM COMPANIES - THOROUGHFARE GUH)E PLAN AMENDMENT TO REMOVE THE MINOR COLLECTOR DESIGNATION FROM 43RD AVENUE NORTH (93069) Rod Krass, attorney for Mr. Dahlstrom, stated that since members of the Council expressed concern about the cul-de-sac length and completion of the roadway, he requested that the Council direct the Planning Commission at its next meeting to consider an amendment to the preliminary plat which would include the roadway. He stated the issue could be considered by the Council on August 30. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to reconsider its action taken earlier in the meeting with respect to Dahlstrom Companies Thoroughfare Guide Plan amendment. (93 069) Motion carried on a roll call vote, four ayes. MOTION was made by Councihnember Vasiliou, seconded by Mayor Bergman, to remand the Dahlstrom Companies' request for Thoroughfare Guide Plan amendment to remove the minor collector designation from 43rd Avenue North to Regular Council Meeting August 16, 1993 Page 19 Berkshire Lane to the Planning Commission, specifically with respect to the road connection of 43rd Avenue. Motion carried on a roll call vote, four ayes. ITEM 9-B CITY COUNCIL INFORMATION MEMORANDUM Council member Vasiliou discussed information received from Manager Johnson regarding the proposed bond sale for the Harbor Lane Apartments. She stated that Dan Nelson, the City's bond counsel on the project, has suggested there may be options for the Council to consider with respect to the existing Section 8 certificates at the facility, or to rent controls. She suggested that the Council consider whether the rents on the units of the 30 current Section 8 certificates at Harbor Lane Apartments could be frozen in perpetuity or for the life of the bonds. Councilmember Edson stated that this issue was discussed at the HRA meeting, and the HRA was enthusiastic about doing something to tie the fair market rents to the HUD guidelines. Manager Johnson stated that the City's Housing Specialist has some concerns about putting conditions on the 30 existing certificates that would not apply to the other 100 certificates in the city. He stated another possibility would be to require that if the market rents of those units exceed the HUD guidelines, the owner would have to come back before the Council at a public hearing to explain the reason for the increases. This would provide an incentive to maintaining the current rents. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to establish a study session for 6:00 p.m. on Monday, August 23, to consider alternatives drafted by staff with respect to the market rents and Section 8 certificates at Harbor Lane Apartments. Manager Johnson stated that the final approval of the bonds for the Harbor Lane Apartments is proposed for August 30. Motion carried on a roll call vote, four ayes. The meeting was adjourned at 10:18 p.m. City Clerk