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HomeMy WebLinkAboutCity Council Minutes 08-30-1993MINUTES REGULAR COUNCIL MEETING AUGUST 30, 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 30, 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, Park Director Blank, Public Safety Director Gerdes, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A PROCLAMATION OF ADULT LITERACY MONTH Mayor Bergman proclaimed the month of September as Adult Literacy Awareness Month. TTEM 5 APPROVE AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the agenda. Motion carried, five ayes. ITEM 6 CONSENT AGENDA Manager Johnson recommended that Item 6-C relating to the Plymouth Housing Alliance be removed from the agenda and considered at a future meeting. Public Safety Director Gerdes noted that an additional request has been received relating to an amendment to the deer hunt area; however, staff recommends that the hunting area remain as proposed in the ordinance amendment. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt the Consent Agenda deleting Item 6-C from the agenda. Motion carried on a roll call vote, five ayes. Regular Council Meeting August 30, 1993 Page 2 ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt the minutes of the August 16 - 5:00 p.m. study session, the August 16 forum, the August 23 - 5:00 p.m. study session, and the August 23 - 6:00 p.m. study session. Motion carried on a roll call vote, five ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-486 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 20, 1993. Motion carried on a roll call vote, five ayes. ITEM 6-D MANAGEMENT SERVICES AGREEMENT WITH PLYMOUTH HRA MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell to adopt RESOLUTION NO. 93-487 APPROVING AND AUTHORIZING EXECUTION OF MANAGEMENT SERVICES AGREEMENT WITH THE CITY OF PLYMOUTH. Motion carried on a roll call vote, five ayes. ITEM 6-E APPROVE AMENDMENT TO DEER HUNT AREA MOTION was made by Councilmember Tierney, seconded by Councihnember Helliwell to adopt ORDINANCE NO. 93-12 AMENDING THE AREA AUTHORIZED FOR THE HUNTING OF DEER IN THE CITY OF PLYMOUTH. Motion carried on a roll call vote, five ayes. ITEM 6-F MOHAGEN ARCHITECTS - SITE PLAN AMENDMENT FOR VICKSBURG BUSINESS CENTER (93074) MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell to adopt RESOLUTION NO. 93-488 APPROVING SITE PLAN AMENDMENT FOR VICKSBURG BUSINESS CENTER, LOCATED AT 2800 VICKSBURG LANE NORTH (93074). Regular Council Meeting August 30, 1993 Page 3 Motion carried on a roll call vote, five ayes. ITEM 6-G PLYMOUTH MCDONALDS - MPUD PRELIMINARY PLAN AMENDMENT, FINAL SITE PLAN, AND CONDITIONAL USE PERMIT (93075) MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-489 APPROVING AMENDED MPUD PRELIMINARY PLAN AND CONDITIONAL USE PERMIT AND FINAL SITE PLAN FOR PLYMOUTH MCDONALDS LOCATED AT 2705 ANNAPOLIS CIRCLE (93075). Motion carried on a roll call vole, five ayes. ITEM 6-11 A-1 TRUCKING, INC. - CONDITIONAL USE PERMIT (93077) MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-490 APPROVING CONDITIONAL USE PERMIT FOR A-1 TRUCK REPAIR SERVICE ESTABLISHMENT, INC. LOCATED AT 1135 NATHAN LANE NORTH 93077). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-491 APPROVING CONDITIONAL USE PERMIT FOR A -i TRUCK REPAIR, INC. FOR OUTSIDE STORAGE LOCATED AT 1135 NATHAN LANE NORTH 93077). Motion carried on a roll call vote, five ayes ITEM 6-1 DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-492 REDUCING DEVELOPMENT BOND, FORSTER PRESERVE ADDITION (92090). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-493 REDUCING DEVELOPMENT BOND, BASS LAKE WOODS ADDITION (84075). Motion carried on a roll call vote, five ayes. Regular Council Meeting August 30, 1993 Page 4 ITEM 6-J SET ASSESSMENT HEARING FOR DELINQUENT WATER, SEWER, RECYCLING, STREET LIGHTING. AND ANNUAL STREET LIGHTING AND RECYCLING. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-494 CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT - DELINQUENT MONTHLY WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-493 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT MONTHLY WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried on a roll call vote, five ayes. ITEM 6-K CHANGE ORDER FOR NORTHWEST BLVD. IMPROVEMENTS PROJECT NO. 205 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-496 APPROVING CHANGE ORDER NO. 1 - NORTHWEST BLVD., CITY PROJECT NO. 205. Motion carried on a roll call vote, five ayes. ITEM 6-L APPROVE FINAL PAYMENTS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-497 REQUEST FOR PAYMENT NO. 2 AND FINAL, LARCH HEIGHTS LAGOON OUTLET STRUCTURE, CITY PROJECT NO. 220. Motion carried on a roll call vote, five ayes. Regular Council Meeting August 30, 1993 Page 5 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-498 REQUEST FOR PAYMENT NO. 13 AND FINAL, VINEWOOD LANE - C.S.A.H. 9 AREA, CITY PROJECT NO. 948. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-499 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - COURTYARDS OF FRENCH CREEK ADDITION Motion carried on a roll call vote, five ayes: MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-500 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, COURTYARDS OF FRENCH CREEK ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-N AMENDMENT TO MASSAGE ORDINANCE MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt ORDINANCE NO. 93-13 RELATING TO MASSAGE AND AMENDING SECTION 1135.01 OF THE PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. ITEM 7-A BATON CORPORATION - FINDINGS OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET AND DETERMINATION OF NO NEED FOR ENVIRONMENTAL IMPACT STATEMENT (92113) Associate Planner Keho stated that at its meeting on July 19, 1993, the Council opened for public comment the Environmental Assessment Worksheet (EAW) for the proposed Mission Ridge residential development. The City did not receive any response from government agencies that indicated the project warrants preparation of an Environmental Impact Statement (EIS). Numerous individuals addressed concerns regarding the accuracy and completeness of the EAW. The Council Regular Council Meeting August 30, 1993 Page 6 authorized McCombs -Frank -Roos to prepare a response to the comments received regarding the EAW, and the revised EAW was received by the City on August 23. Planner Keho stated a total of 9.2 acres of wetlands have been identified in the revised EAW versus the 8.9 acres identified in the original EAW. The proposed plan is to fill .03 acres of wetland and to replace the wetland lost with the creation of .4 acres of wetland for an increase in wetlands on the entire site from 9.2 to 9.6 acres. He stated the revised EAW states there are 12.3 acres of woodlands on the site, with 5.1 acres of woodlands to remain after the development, versus the 12.6 existing and 9.1 remaining acres identified in the original EAW. The EAW has indicated that any existing woodlands that will remain in the north parcel area have been considered in the category urban landscaping, therefore, the 5.1 acres of wetlands to remain are located in Outlot A. An archeological reconnaissance survey was prepared for the site for the revised EAW. The survey found that there was no evidence of prehistoric or significant historic cultural activity on the site and that no further archeological work would be necessary. Several of the commenters questioned how this development would impact the steep slopes. The revised EAW contains a map which highlights those areas that contain a slope of less than 12%. Planner Keho stated that water quality was an issue of particular concern for several of the commenters. The revised EAW contains additional information concerning the water quality on the site before and after the development. The EAW contained four recommendations for treatment ponds regarding the post development pollutant loadings from this site: 1) the volume of a permanent treatment pond should handle runoff from a 2" rainfall event; 2) the pond should have a depth of at least 4' and no greater than 10; 3) the pond should have length/width ratio of 3 or more to promote plug flow; and 4) surface skimmers should be provided at the pond's discharge to trap floating debris. Planner Keho stated that concern was expressed regarding the extent of the EAW as it relates to the undeveloped land north of 41st Ave. North. City staff contacted the Environmental Quality Board to obtain an opinion regarding inclusion or exclusion of the area in this EAW. The EQB stated that since this application does not include any changes to the area north of 41 st Ave. North that the area would not need to be included in the EAW prepared for the Mission Ridge proposal. The DNR and others questioned whether or not this site was located within the Shoreland Overlay District. McCombs -Frank -Roos measured the 1,000 foot shoreland area from the ordinary high water mark of Medicine Lake and found that Outlot A and possibly a portion of the north parcel is included in the Shoreland Regular Council Meeting August 30, 1993 Page 7 Overlay District. The City's Shoreland Overlay District map did not show this area as being in the Shoreland Overlay District. Based on this new information, it appears that the original application should have included an application for a PUD within the Shoreland Overlay District, and the appropriate review by the DNR. Planner Keho stated that the revised EAW has included the onsite bird observations by Ed Levering. He stated the applicant has proposed to construct a tennis court in Outlot A as an amenity for this project. This could encroach into the wetlands in Outlot A, and the EAW suggested that the tennis court be eliminated from the proposal. The proposed cul-de-sac is in excess of the 500' maximum allowed by the subdivision code. By reducing the length of the cul-de- sac, it may be possible to reduce the impact of this development. He stated that any reduction in the -cul-de-sac length should balance environmental benefits with development rights on the property. Associate Planner Keho stated that based on the information gathered in response to the comments received on this EAW, it does not appear that an Environmental Impact Statement (EIS) is necessary for this project. It does appear that modifications could be undertaken in the design of this development to mitigate some of the project impacts. Councilmember Helliwell asked staff to explain the requirements relating to plug flow. Public Works Director Moore stated that plug flow refers to a design used so that water will not flow directly through the pond but be delayed so settlement of material will occur. Councilmember Vasiliou noted that she had sent Councilmembers a memo asking their desires on whether she should participate in the discussion and voting for this item. She stated this was done in response to a resident's concern relating to a perceived conflict of interest. No Councilmember stated their objections to Councilmember Vasiliou's participation on this issue. Doug Link, 3735 Union Terrace Lane, asked how the various governmental agencies were contacted, and expressed concern about reduction in wildlife resulting from the project. Planner Keho stated that a letter was mailed to the governmental agencies along with a copy of the EAW. They responded in writing. Regular Council Meeting August 30, 1993 Page 8 Rita O'Donnell, 12105 41st Ave. North, stated that the amended EAW is significantly different in content, tone, and conclusions than the original EAW. She stated the quality of the revised EAW is good. Ms. O'Donnell reviewed the differences between the original and revised EAWs. She noted that the neighborhood group has only had six days to review the amended EAW. Ms. O'Donnell stated that the second EAW indicated that habitat would be destroyed and much wildlife would be lost. She stated the 160 additional species of birds were included in the amended EAW, and stated that this particular parcel is extremely unique. She stated that the amended EAW recognizes four species of special concern and suggests that a wetland buffer be considered. She said that a DNR representative indicated they would like to see a buffer from the wetlands to the top of the bluff. If that is not possible, they would like to see a buffer zone included of at least 50'. She noted that no recommendation was included in the original EAW with respect to a buffer zone, and she was glad that the issue was included in the revised EAW. The buffer zone is important in order to maintain the wildlife habitat. She stated that many citizens complain that Canada geese are a nuisance in the City, and this type of buffer zone habitat could reduce problems in other areas of the city. Ms. O'Donnell noted that the original EAW accepted the developer's idea of a keystone retaining wall, whereas, the revised EAW recommended natural rip rap. She stated that these issues, and other issues identified through the EAW process, prove the benefit in doing an EAW. She particularly noted the changes in the identification of the Shoreland Management District as well as the information contained on slopes. She stated that the revised EAW still does not identify the number of acres of slopes between 12 and 30 percent grade. She stated that slopes over 12 percent grade have increased sedimentation runoff. She stated that the revised EAW indicates the change in the rate of water runoff from 1.9 acre-foot for predevelopment to a post development of 9.1 acre-foot. She stated that the residents in the area should have more time to review the revised EAW and suggested that the Council open a public comment period on this revised document. She stated that government agencies and citizens should be allowed time to respond to the revised EAW. Ms. O'Donnell stated that the 10' buffer strip recommended by staff may not be sufficient. She compared Plymouth's setback regulations with respect to wetlands with several other communities, and stated that Plymouth compares poorly to other suburbs in protecting its natural environment. She noted that deed restrictions are recommended as protection for forested areas and wetlands, but questioned who will report on violations. She suggested that the deed restriction requirement could be changed to a conservation easement which could then be enforced through an environmental group. Regular Council Meeting August 30, 1993 Page 9 Mayor Bergman asked if Ms. O'Donnell had surveyed cities of similar size and age such as Eden Prairie and Brooklyn Park with respect to the wetland requirements. Ms. O'Donnell stated that she had not had time to conduct a comprehensive survey, but some of the wetland requirements that she had noted have been in place for 20 years. She stated that citizens would like to see more than just the state and federal regulations in place. Councilmember Helliwell stated that she had served on the Wetlands Task Force approximately three years ago. The task force concluded that Plymouth is abiding by federal and state regulations governing wetlands, however, she does not believe that is enough. Ed Levering, 3225 Wellington Lane, stated that he was happy to see the 160 species of birds he had identified included in the revised EAW. He stated the diversity of the site is very good for wildlife habitat, and he is very concerned about impacts the development may have on wildlife, particularly birds. He stated that the proposed 1,500' cul-de-sac would have a major impact on the wooded slope and could cause loss of species. The development would also lead to significant erosion and sedimentation from the wetlands. Mr. Levering stated he would like to see more discussion on the revised EAW relating to the wildlife issue. Councilmember Helliwell agreed that the revised EAW is much different than the original. She asked if agencies have responded to the revised EAW. Associate Planner Keho stated that no agencies, other than the DNR, contacted him with respect to the revised EAW. It is not anticipated that they would respond to the revised EAW. Ginny Black, 11410 49th Place North, stated that she represents the local Audubon Chapter Conservation Committee of Minneapolis. She stated that enough information has been brought forward through the EAW to warrant an Environmental Impact Statement. Councilmember Tierney asked what Ms. Black believed would be determined through an Environmental Impact Statement that was not learned through the EAW process. Ms. Black stated that an EIS would look at alternatives to the project and mitigations for less environmental impacts. Councilmember Tierney asked the cost of an EIS compared to an EAW. Regular Council Meeting August 30, 1993 Page 10 Mike Plack, McComb -Frank -Roos, stated he was unaware of the cost, but estimated that the cost of an EIS would exceed $50,000. Councilmember Helliwell stated that sometimes Environmental Impact Statements take up to two years to complete. She asked who would pay for its preparation. Mr. Plack stated that the cost of preparing the EIS is passed on to the developer. Hugh Maynard, attorney for Mission Partnership, stated that Mission Partnership has been the owner of this property since 1972. His client has signed an option agreement to sell the property to Baton Corp., and any delays in the process are a detriment to his client. He stated there is no need for an Environmental Impact Statement based on the detailed Environmental Assessment Worksheet and the evaluation of concerns. He stated that an EIS would not provide the Council with additional information and would delay his client. He stated the EAW process resulted in a lengthy list of 14 mitigation issues. He stated that an EIS will not provide more or better mitigation efforts. Mr. Maynard stated that this project does not have a significant affect on the environment. He noted that the EAW conducted in 1978 on the entire Mission development resulted in a finding that there was no significant impact on the environment. That project included 300 single family homes, several apartment buildings, and a number of townhouse units. Far more trees were lost through that project than in this proposed project. Mr. Maynard stated that he previously was chair of the Audubon Chapter, and was placed in a similar position, as Ms. Black, to respond to development proposals. He sees no need for an Environmental Impact Statement on this project. He stated the project has been delayed by the neighborhood group because they want nothing built on the property. He believes that the resolution for a negative declaration of an EIS should be adopted without the 14 conditions as proposed. The preliminary plat approval could be conditioned on these 14 items. Richard Zejdlik, 4055 Goldenrod Lane, stated that he had received an estimate of 75,000 to prepare an Environmental Impact Statement. He questioned whether an EIS has been conducted on a project this small, and noted that an EIS was not required when 3,000 housing units were proposed for the entire area. He requested that the 14 proposed conditions not be included in the resolution for the negative declaration because these could be addressed with the preliminary plat. He stated that if the neighborhood desires to purchase the property, they should come forward with an offer. He requested that the Council provide direction so he could move forward with the project and not be delayed further. Councilmember Tierney asked about the time frame of the development proposal. Regular Council Meeting August 30, 1993 Page 11 Mr. Zejdhk responded that he agreed to an extension of the legal timeline for consideration in May or June. That deadline has now been passed by 60 to 90 days. He stated he is not opposed to some consideration for a longer review period of the amended EAW, however, at some point the Council should consider his desires to move forward with this project and not be further delayed. Attorney Meller described some of the standards to be considered in order for an Environmental Impact Statement to be ordered. He stated that the statutes and regulations do not give the Council a great deal of guidance in deciding the issue. The question is: Does this project have a significant environmental impact? He stated it may help the Council to consider some of the special projects that require a mandatory EIS, such as nuclear projects, and mining. He stated that further guidance can be considered from the requirement that an EIS is required if the total number of units in a development is at least 1,000 detached or 1,500 attached units. He stated that if the Council were to require an EIS for this project, it could be on new ground. He does not believe that an EIS has been required for a project of this magnitude before. Chuck Lymangood, 11780 40th Place North, questioned whether residents have had an adequate time to respond to the revised EAW. He stated that the accuracy and completeness of the revised EAW is yet to be determined. He suggested that the Council could forward the revised EAW to the Planning Commission to receive further public input, or could deny the project. He stated that environmental laws have changed in the last 15 years and wildlife has changed due to the surrounding development. Therefore, the EAW conducted in 1978 cannot be used for a true comparison. He stated that the Council should not ignore the recommended mitigation measures. Councilmember Edson asked whether the Shoreland Overlay District issues are included in the 14 recommended mitigation measures. Associate Planner Keho stated that issues relating to the Shoreland Management District were not included in the resolution because that issue needs to go back to the Planning Commission for a public hearing. Councilmember Tierney asked staff whether they believed the 14 mitigation points should be included in the resolution relating to no need for an EIS. Planner Keho stated that the items were included in this resolution as ways to mitigate the environmental impacts of the project. Councilmember Helliwell stated that the revised EAW is really a new document. The original EAW was based on the previous one conducted in 1978. She stated that many new items have been noted in the revised EAW, such as issues relating Regular Council Meeting August 30, 1993 Page 12 to storm water runoff, wildlife habitat and reduction of forested areas. She does not believe residents or agencies have had adequate time to respond to the amended EAW, and she would like more time to review it as well. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to defer this issue to September 13. Councilmember Tierney stated that she is not convinced that an Environmental Impact Statement is needed for this project. She stated that this area is wildlife and environmentally sensitive; however, she does not believe that a two week delay will help in determining whether an Environmental Impact Statement is needed. She suggested that the EAW should be accepted and the Shoreland Management issue should be remanded to the Planning Commission for a public hearing. She stated that the Council needs to be more proactive in deciding what is going to happen to this property. Councilmember Edson stated that the Council could accept the EAW and make the finding that there is no need for the EIS. He stated that the Council could also open a period for two to three weeks to receive written comments on the revised EAW which could be considered by the Planning Commission, the developer, and staff, during the public hearing to be conducted on the Shoreland Management issue before the Planning Commission. Councilmembers Helliwell and Tierney withdrew their motion and second. Councilmember Helliwell questioned the value of allowing a comment period on the EAW if the Council has already accepted it. Councilmember Edson stated that citizens would have an opportunity to respond to concerns raised in the revised EAW as it relates to the proposed development. Attorney Meller stated that the key issue for the Council to decide is whether or not an EIS is needed on this project. A comment period may be useful in considering the development proposal. Regular Council Meeting August 30, 1993 Page 13 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-501 DECLARING FINDING OF NO NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED MAY, 1993, AND AMENDED AUGUST, 1993, FOR THE PROJECT PROPOSED BY BATON CORPORATION FOR "MISSION RIDGE" (92113), with the understanding that comments and recommendations on the revised EAW will be received through the date of the Planning Commission hearing on the development proposal. MOTION carried on a roll call vote, five ayes. ITEM 7-B BATON CORPORATION - AMENDED RPUD PRELIMINARY PLAN/PLAT AND CUP (92113) MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to remand the request of Baton Corp. for Amended Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for a portion of the Mission Partnership" RPUD located south of 41st Ave. North and Jonquil Lane 92113) (RPUD 76-1) to the Planning Commission so the proposal can go through the appropriate review procedures for a PUD Amendment in the Shoreland Management Overlay District and consideration of the findings in the EAW. John Lorbiecki, 11335 37th Avenue North, stated it is important for the citizens to continue to have an opportunity to provide input on this issue. He stated the property is unique because it borders French Regional Park, and he is concerned about maintaining the wildlife habitat. He stated this is a good opportunity for the City to be progressive in the area of environmental regulations. Chuck Lymangood, 11780 40th Place North, asked if a public hearing would be held on the entire project when it comes before the Planning Commission, rather than restricting the hearing to only the Shoreland Management issue. He stated the recommendations of the EAW and mitigation suggestions provide for various buffer zones. He showed the various setbacks on a site map, and suggested that the recommended 10' wide deed restriction to create a buffer along the wetlands should be amended to provide that the "natural" wetland buffer would be retained. Ginny Black asked if the City still has an active Wetlands Task Force. Mayor Bergman stated that following the Wetland Task Force report, the Council established a Water Quality Committee which meets monthly. Regular Council Meeting August 30, 1993 Page 14 Susanne Rotsch, 11510 39th Avenue North, stated there is a trail with an abutting stream behind her property. She stated concerns that if the wetlands are disturbed, abutting property owners could experience flooding. She also noted a very small project in Bloomington for which an EIS was done. Bob Donley, 11740 38th Avenue North, opposed the project. He stated the Save French Wetlands and Woodlands Association has been active in trying to purchase the property, and they believe there is sufficient interest from Hennepin Parks to accept it into the park system. He believes there is sufficient interest from the City, Hennepin Parks, and residents to generate funds to purchase the property. Mayor Bergman asked how much money the group has raised to date. Mr. Donley declined to answer that question. Mayor Bergman stated concerns with delaying an applicant from developing their property in order to provide time for another group to raise money to purchase it. He stated the City has never purchased anything of a recreational nature that did not go through the Park and Recreation Advisory Commission for consideration and recommendation. Richard Zejdlik stated that discussions of purchase of the property came up in April. At that time a pending offer was made that they still stand behind. Mayor Bergman asked the City Attorney whether it would be advisable for the Council to delay the project in order to provide additional time for citizens and the Hennepin County Parks system to work out a possible plan for purchase of the property. Attorney Meller advised that the Council not arbitrarily delay the project. Councilmember Vasiliou asked Mr. Donley if Hennepin County Parks has agreed to put money forward for the project. Mr. Donley stated that Hennepin County Parks has agreed to take over ownership and management of the property once it is conveyed. Mr. Donley stated that he believes the property is worth far less than what the developer is asking. Mr. Zejdlik stated he has never received a counter offer for purchase of the property. Councilmember Helliwell stated her interest in discussing the status of the property with the organization Land for Public Trust. Regular Council Meeting August 30, 1993 Page 15 Mayor Bergman stated he had met that group's representative to discuss the status of the project. Mayor Bergman noted that the City has a process for considering purchase of park property, and this site is no different from many other sites that could be preserved in the city. He stated that citizens have had ample time over the years to ask the City or Hennepin County Parks to purchase the property or to do private fund raising. He stated that it would not be appropriate for the Council to discuss the purchase price of the property or whether the City should consider acquiring it prior to PRAC consideration. Chuck Lymangood stated that the unreasonable asking price of the property prevents the neighborhood group from fund raising. He stated that Mr. Zejdlik and other owners of the property have refused to meet with the neighborhood group. Councilmember Vasiliou asked if the neighborhood group has made a counter offer. Mr. Lymangood stated, "no". Mr. Zejdlik stated that the property owners have refused to meet with the neighborhood until such time as they propose substance to an offer to purchase. Carole Rydberg, 3225 Wellington Lane, expressed concerns that the development could result in flooding in the area, erosion, and loss of trees. She noted that this project will abut the public park project; therefore, it is imperative that the development not harm the property in any way. She stated there should be no need for the excessive cul-de-sac length. MOTION to amend the main motion was made by Councilmember Edson, seconded by Mayor Bergman, to add recommended Condition no. 12 of the staff report to include a requirement for an emergency access from the cul-de-sac on Jonquil Lane to 36th Avenue North. Marlin Sjaarda, 11720 38th Avenue North, stated concerns with the Council indicating it supports an emergency access due to the excessive cul-de-sac length. He suggested that this issue should first go to the Planning Commission to address the overall length of the cul-de-sac. The Planning Commission may recommend a shorter cul-de-sac, rather than the excessive length cul-de-sac with emergency access. Councilmember Edson clarified that his intent is that if the cul-de-sac remains at this length, an emergency access is needed. If the cul-de-sac is shortened, then no emergency access would be needed. Regular Council Meeting August 30, 1993 Page 16 Mayor Bergman concurred that this was his opinion as well. Councilmember Edson and Mayor Bergman withdrew their motions. Mr. Sjaarda stated it needs to be determined whether the trail is appropriate based on the parking problems on Forestview Lane, and whether another access to French Regional Park should be provided. Mr. Sjaarda suggested that an additional condition be added to the list of ways the plan could be modified to mitigate the environmental impacts of the project which would consider the Planning Commission and Council discussions and actions on the previously proposed plans. He felt that good points were made in those staff reports dealing with the PUD and environmental attributes. The Council directed staff to include copies of those previous staff reports with the information presented to the Planning Commission for public hearing. Motion to remand the issue back to the Planning Commission carried on a roll call vote, five ayes. Councilmember Tierney stated that the residents have already scheduled a meeting with PRAC to discuss this issue. She suggested that the neighborhood group may also wish to schedule a meeting with the Water Quality Committee to discuss setback requirements relating to wetlands in the City. Mayor Bergman stated that the Council has been active in preserving natural areas, and cited the wooded area recently purchased by the City which will be jointly managed with the Kids for Saving Earth organization. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to direct PRAC to study the issue of preservation of natural areas, and to provide Council with a recommendation for natural area preservation through a prioritized list. Councilmember Vasiliou stated the findings could be presented as part of the five year capital improvement program. A five minute recess was called at 9:48 p.m. Mayor Bergman suggested that Item 7-H, the application of North Suburban Development, be considered next on the agenda. The Council had no objection. Regular Council Meeting August 30, 1993 Page 17 ITEM 7-H NORTH SUBURBAN DEVELOPMENT - PRELIMINARY PLAN/PLAT CUP AND REZONING (93035) Associate Planner Keho presented the application of North Suburban Development for a Residential Planned Unit Development Concept Plan, Preliminary Plan/Plat, Conditional Use Permit and Rezoning for a 29.57 acre site for the development of a 62 -lot single family residential subdivision as recommended by the Planning Commission. He stated that several people spoke at the Planning Commission hearing expressing concerns about traffic to be generated from the site, and with the access from this site to the property directly to the south. He stated that the property owner to the south, Mr. Begin, expressed his opposition to the proposal to vacate Xenium Lane north from his property. Mr. Begin was concerned that the future property owners along Yucca Lane may not appreciate the agricultural traffic from his property traveling in front of their homes. He requested that Xenium Lane be left in place in its current condition. Planner Keho stated the official vacation request has not yet been received. The proposed grading plan includes the use of Xenium Lane right-of-way for construction of a berm to provide screening of I-494 from the residential development. City Manager Johnson stated that Mr. Begin and the applicant, North Suburban Development, may have agreed subsequent to the Planning Commission meeting to keeping the gravel road open until the property to the south develops, and agreed on the depth of the sewer. Ken Gust, North Suburban Development, stated that he has no objection to Mr. Begin continuing to use the gravel access road until it is no longer needed. Councilmember Helliwell asked if the gravel access road would be considered a private driveway and who would be responsible for maintenance and snow removal. Mr. Gust stated that is was his understanding the roadway would continue to be public right-of-way and maintained by the City. Ernie Lundstrom, attorney for Mr. Begin, stated the City has the option to vacate the gravel roadway at a later time. This should have no current impact on approval of this development proposal. He noted that the cost to increase the sewer depth in order that it can be used by the adjacent property owner is less than 10,000 and should be constructed now at the depth needed. Mr. Lundstrom stated that the excess sewer depth should be paid by the owners. W Begin has indicated that if no one else will pay for the excess depth, he will. He stated that the gravel roadway would continue as a public street, and the City would preserve the option of vacating it at a later time if desired. Regular Council Meeting August 30, 1993 Page 18 Councilmember Vasiliou asked if staff was comfortable with maintaining this gravel road as a public street. Manager Johnson stated that if the gravel road remains as a City street, it would be maintained in that way. Public Works Director Moore stated that the grading plan for the project indicates that the existing roadway would provide screening between the new residential development and I-494. He stated that if the plan is to be amended to retain the existing gravel roadway, perhaps it should go back to the Planning Commission for amendment. He stated the original proposal was to replace the gravel roadway with a new residential street, and he questioned how the difference in grade would be addressed or how the streets would be connected for access. Mayor Bergman suggested that the application of North Suburban Development be approved contingent on an agreement acceptable to Mr. Gust, Mr. Begin, and the City. Councilmember Vasiliou suggested that the issue be referred to staff to work out an agreement with all parties since there are a number of issues in question. Councilmember Edson agreed that the agreement should be in place before the development is approved. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to direct staff to work with the developer and adjoining property owner to address the concerns identified and prepare an agreement. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson to adopt RESOLUTION NO. 93-502 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR NORTH SUBURBAN DEVELOPMENT, INC., LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE HIGHWAY 494 AND COUNTY ROAD 47 93035) Motion carried on a roll call vote, five ayes. The applicant stated that his attorney would draft a proposed agreement for consideration. Regular Council Meeting August 30, 1993 Page 19 ITEM 7-C DAHLSTROM COMPANIES - THOROUGHFARE GUIDE PLAN AMENDMENT (93069) Associate Planner Keho stated the Planning Commission recommended approval of a Thoroughfare Guide Plan Amendment to remove the minor collector designation from 43rd Avenue North to Berkshire Lane. The Planning Commission's recommendation for approval included tying the Amendment to the preliminary plat for the Plymouth Oaks Subdivision (93078). Commission members indicated that if the proposed subdivision is not constructed as presented, then a minor collector may be needed if higher density development is constructed. Kevin Begin, 4300 Fernbrook Lane, stated that if the minor collector designation is eliminated, it may affect the future platting of his adjacent property. He stated he would have no objection to the deletion of this designation if the City would agree to show flexibility when considering his development proposal in the future. Councilmember Vasiliou stated concerns with a request to make assurances for a development proposal that has not yet been submitted. Mr. Begin stated his concern that there may be restrictions on his lot sizes if the road connection is made as now proposed by Dahlstrom Companies. Mayor Bergman stated that Mr. Begin may be concerned that because Cheshire Lane and 42nd Place are so far north on the property that he may have setback problems and lot depth problems. He stated that the City is not requiring that Mr. Begin connect with Cheshire Lane. Planner Keho stated that with the deletion of the minor collector status of 43rd Avenue North/Berkshire Lane, there would no longer be a requirement that it be connected. Steve Johnston, Loucks and Associates, stated that they have modified their development plan to provide a connection to Berkshire Lane. He stated they are still requesting elimination of the minor collector status. The Council discussed options for a possible future street connection to the abutting properties. Publics Works Director Moore stated that the Council's action to eliminate the minor collector status will not necessarily prevent a connection to the Begin property in the future. He stated that the Council's decision on the minor collector status will similarly affect the property to the east of the Dahlstrom property. Regular Council Meeting August 30, 1993 Page 20 Councilmember Vasiliou stated that it is not appropriate to attempt to plan access for three adjacent developments for which theCouncil has never seen a plan. She stated that the Council cannot obligate future Councils to providing flexibility during review of a future plan. Councilmember Helliwell concurred that it is difficult for the Council to give assurances that relate to a future potential development. Councilmember Edson stated the Council has addressed these issues as much as possible given that development plans have not been submitted for the adjoining properties. He stated that Mr. Begin has options with respect to roadway access to his property. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-503 APPROVING AMENDMENT TO THE TRANSPORTATION ELEMENT OF THE PLYMOUTH COMPREHENSIVE PLAN (93069). Motion carried on a roll call vote, five ayes. ITEM 7-1) APPROVE WETLAND MITIGATION PLAN FOR PROPOSED WEST OAKS OF PLYMOUTH ADDITION MOTION was made by councihnember Helliwell, seconded by councilmember Vasiliou, to adopt RESOLUTION NO. 93-504 APPROVING FILLING WETLANDS IN THE WETLAND MITIGATION PLAN, WEST OAKS OF PLYMOUTH Public Works Director Moore explained that under the proposed plan the wetlands will be increased from 3.4 to 3.9 acres. Kevin Begin, 4300 Fernbrook Lane, requested that with these mitigation efforts, the wetlands not be allowed to cause flooding on his property. Public Works Director Moore responded that the West Oaks of Plymouth development would have to have adequate water storage so the amount of water is not increased in surrounding properties. Motion carried on a roll call vote, five ayes. Regular Council Meeting August 30, 1993 Page 21 ITEM 7-E DAHLSTROM COMPANIES - PRELIMINARY PLAT, REZONING LOT DIVISION, AND VARIANCES (93078) Associate Planner Keho stated the request of Dahlstrom Companies, Inc. for Preliminary Plat, Rezoning, Lot Division, and Variances for 40 single family lots and six outlets at the northeast quadrant of Fernbrook Lane and Rockford Road was considered before the Planning Commission on August 19. At that time, the Planning Commission voted to recommend denial of the proposal. Subsequent to that meeting, the applicant revised the plat to eliminate the variance request for a cul-de-sac with length in excess of 500'. At its August 25 meeting, the Planning Commission recommended approval of the request for Plymouth Oaks Subdivision. Planner Keho stated the plan recommended for approval by the Planning Commission provides connection through the site from Fernbrook Lane to Berkshire Lane. The applicant submitted a revision to the plat at the connection point of Berkshire Lane into the residential subdivision. The modifications relate to the dedication requirements in that area for park purposes. The Planning Commission recommended approving the modification, as recommended by the Park and Recreation Director; however, the Planning Commission recominended the developer be given park dedication credit for the construction of the proposed parking lot in the outlot. The original staff recommendation was that park dedication credit not be granted for the parking lot since it was at the applicant's suggestion that it be constructed. Councilmember Vasiliou asked how the value of the parking lot would be determined in calculating the park dedication credit. Planner Keho stated there is currently no definite plan of what will happen with the woodlands. If a parking lot is later needed, there would be some means of considering it. He stated that covenants would be filed with the final plat on all lots in Block 1 and Block 2 placing the property owners on notice that outlet D and the land east of the subdivision is park property and that development of the park may include the construction of a fixture parking lot and an interpretive center. Kevin Begin stated he would like a guarantee from the City that his entire property can be served in the future by sanitary sewer. He also requested that the street stub be moved back from Berkshire Lane and that the roadway be curved for aesthetic reasons. He stated the Fernbrook Lane stub is not adequately placed to serve his current dwelling. Regular Council Meeting August 30, 1993 Page 22 Public Works Director Moore stated the Begin property can be served by sewer coming into the property from three different locations. Mayor Bergman stated the only elevation problem may be his existing home on Fernbrook Lane. Public Works Director Moore stated it his opinion that the entire area can be served by sanitary sewer, and it is not necessary to lay additional sewer or run parallel sewer at a deeper elevation. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-505 APPROVING PRELIMINARY PLAT AND VARIANCES FROM THE SUBDIVISION CODE AND THE ZONING ORDINANCE FOR DAHLSTROM COMPANIES, INC., LOCATED AT THE NORTHEAST QUADRANT OF ROCKFORD ROAD AND FERNBROOK LANE (93078). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-506 APPROVING LOT DIVISION/CONSOLIDATION AND SUBDIVISION CODE VARIANCE FOR DAHLSTROM COMPANIES, INC., LOCATED IN THE NORTHEAST QUADRANT OF ROCKFORD ROAD AND FERNBROOK LANE (93078). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-507 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION AND VARIANCE FOR DAHLSTROM COMPANIES, INC., LOCATED IN THE NORTHEAST QUADRANT OF ROCKFORD ROAD AND FERNBROOK LANE (93078). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt ORDINANCE NO. 93-14 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED IN THE NORTHEAST QUADRANT OF ROCKFORD ROAD AND FERNBROOK LANE AS R-2 (LOW DENSITY MULTIPLE RESIDENCE DISTRICT). Motion carried on a roll call vote, five ayes. Regular Council Meeting August 30, 1993 Page 23 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-508 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR DAHLSTROM COMPANIES, INC., LOCATED IN THE NORTHEAST QUADRANT OF ROCKFORD ROAD AND FERNBROOK LANE (93078). Motion carried on a roll call vote, five ayes. ITEM 7-G HARBOR LANE APARTMENTS - FINAL HOUSING REVENUE BOND APPROVAL AND APPROVAL OF LOW INCOME HOUSING Attorney Dan Nelson, Best and Flanagan, stated the developer for the Harbor Lane Apartments project has agreed to the teens of the low income housing agreement previously reviewed by the Council. This agreement relates to the developer's proposal to finance the acquisition and rehabilitation of 313 units at Harbor Lane Apartments through issuance of $9,135,000 multi -family housing revenue bonds. Councilmember Vasiliou asked which attorneys had been retained for this bond issue. Mr. Nelson stated that he acted as the City's legal counsel. The law firm of Leonard, Street, and Diner served as the developer's attorney, and a New York bond attorney represented the bond trustee. Councilmember Vasiliou stated that she was concerned when this bond issue was originally proposed to the Council because the applicant had requested that his wife be allowed to serve as the attorney for the bond sale. She is employed by Leonard, Street and Diner. Attorney Nelson stated the petitioner had previously asked that his wife be allowed to serve as bond counsel. She is now only representing the applicant in this issue. Regular Council Meeting August 30, 1993 Page 24 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson to adopt RESOLUTION NO. 93-485 A RESOLUTION OF THE CITY OF PLYMOUTH, MINNESOTA, AUTHORIZING THE ISSUANCE OF ITS MULTI -FAMILY HOUSING REVENUE BONDS (HARBOR LANE APARTMENTS PROJECT), SERIES 1993 IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $9,135,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE PROGRAM; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE BOND PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; APPROVING A FORM OF FINAL OFFICIAL STATEMENT AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS. Motion carried on a roll call vote, four ayes, Vasiliou nay. ITEM 7-F ROTTLUND HOMES - PUD PRELIMINARY PLAN/PLAT AND CUP 93055 Associate Planner Keho stated that on August 11, 1993, the Planning Connnission voted to recommend denial of the request ofRottlund Company Inc. for Amended Mixed Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Pintail Villas located east of Shenandoah Lane at 22nd Avenue North. The applicant is proposing to construct 116 units in 11 buildings. He stated the approved midpoint density is 167, with a range from 141 to 193 units. At the Planning Commission meeting there was considerable discussion related to the purpose of this MPUD and the proposed dwelling unit number of 1,147. At the Planning Commission meeting Larry Laukka expressed concerns that the 1,147 units established by the MPUD and the related density designations should be enforced. Discussion was held on whether the 1,147 was a "build to" number or a maximum number of units for the MPUD. Associate Planner Keho stated that he had found nothing in his research to indicate that the 1,147 was a "build to" number. He stated the City seemed to be concerned that the density not go beyond the 1,147 units. He explained the proposed reduced setbacks, and stated that this proposed flexibility is consistent with that used in other PUDs in the City. Regular Council Meeting August 30, 1993 Page 25 Councilmember Vasiliou asked if Mr. Laukka was required to meet certain unit density numbers when he proposed each phase of the Parkers Lake Addition. Planner Keho stated Mr. Laukka was required to provide a status report on the density at each stage of development. Donald Jensen, Rottlund Homes, stated that their plan is consistent with what has been approved for Mr. Laukka in adjacent developments. He stated the site is constrained by a number of items, and a density of 116 units is proposed. He stated that twice before the range specified for the overall PUD has been exceeded during approval of individual subdivisions. This proposal would be a reduction in density. The proposed 116 units would be at 69 percent of the density range. He stated the plan is well within the sewer capacity for the area. Mr. Jensen stated the PUD process allows for flexibility and this includes movement within the density range. He concurred with the conditions proposed in the approving resolution. Mr. Jensen stated that although the Planning Commission recommendation for denial of the application was unanimous, three commissioners were absent from the meeting. He believes the three absent commissioners may have been comfortable with the reduction in density as long as the plan is consistent with the overall PUD concept. He stated Rottlund Homes is an award winning builder, and nothing deficient or inferior is proposed for the development. The value of the homes would range from $70,000 - $90,000, and would help meet the needs of the work force in the Parkers Lake Business Center area. He stated the petitioner does not believe there is a legal reason for denial of their application. Mr. Jensen stated one of the unique aspects of this plan is it has a blend of one -car and two -car garages and an increased number of guest stalls. He stated there are still unbuilt properties in the PUD where the density could be transferred to. He stated the Council has the option of transferring the density to another site or of disregarding it. Larry Laukka, Laukka-Williams Development, stated there are ponding areas throughout the PUD; however, he has been able to work with these problems while maintaining the overall intent of the PUD plan. Mr. Laukka stated the sewer capacity is sufficient to serve the overall target dwelling unit number of 1,147 for the PUD. Streets were also constructed to serve this density. Mr. Laukka stated the purpose of the Parkers Lake PUD was to encourage diversity in development and housing type, and he has acquired and developed many of the properties labeled as mid- to low-density in the PUD. He stated the midpoint densities are very important and give guidance to developers as to what was desired in the overall PUD. The densities also assure diversity in housing. Mr. Laukka stated he is concerned with maintaining the PUD plan just the way it was conceived, and he believes the overall PUD can deliver the densities originally proposed. Mr. Laukka stated he has had to meet density midpoints or explain a deviation from the Regular Council Meeting August 30, 1993 Page 26 midpoint each time he developed a portion of the PUD. He stated the Rottlund Company proposal is not consistent with the PUD plan as originally adopted. He stated if the Council approves the plan as proposed, the ability to achieve the 1,147 units will not be possible. He stated there are enough townhouse units in the PUD and encouraged the Council to deny the application of Rottlund Company Mayor Bergman asked how it would impact Mr. Laukka's property if the Rottlund proposal was approved at a lower density. Mr. Laukka stated that his developments in the PUD have been built to the midpoint. If the midpoint is not met in the Rottlund proposal, different types of housing will be built than what was originally envisioned. Councilmember Vasiliou stated the reduced density could also result in loss of tax and assessment benefits to the city. She believes this is an issue of fairness. Mr. Laukka was required to build to the midpoint during each phase of the development, and Rottlund Company should be required to do the same. Mr. Laukka stated a lot of planning went into developing the original PUD plan. It was a high density plan that would not affect the abutting single family residences. He noted that the City reduced the amount of R-4 guiding in the City during the last Comprehensive Guide Plan review. He stated that apartment occupancy in the City is currently at 94-95 percent, and more of that type of housing will be needed in the future. He stated that approval of the Rottlund application at a reduced density will eliminate some availability for high density housing in the city. He stated he has no objection to the product that Rottlund builds. Blaire Tremere, P. O. Box 27043, Minneapolis, representing the developer, stated he had researched the City files with respect to this PUD, specifically the 1987 action petitioned by United Properties on behalf of the City of Minneapolis. He stated the key issue in the PUD was the issue of flexibility. He stated that previously the City had required PUD's to be much more specific as to housing type that would be built and maximum densities. Mr. Tremere described how the 1,147 units were calculated. He stated in the mid -1970's, the City of Minneapolis proposed a PUD for a larger parcel of land which included this property. Nothing occurred with that development. Lundgren Brothers Construction later proposed an MPUD based on the city guiding. In 1983, the maximum density for the PUD was established at 1,147. He stated that Peter Jarvis became involved with the development after the maximum density had been established. Mr. Tremere described the subsequent development that occurred in this MPUD, and stated that Mr. Laukka proposed a number of unique products including the zipper zee" lots. He stated that it is his opinion the 1,147 units were established in order that over the years, phased development would not result in an excess Regular Council Meeting August 30, 1993 Page 27 density that could not be served on the site. He stated that the unit ranges and midpoints were a mechanism for accounting for the number of units at each stage of development in the PUD. He stated that adjustments in density were made as each outlot was developed. Mr. Tremere stated there is nothing in the city records to indicate that the 1,147 units were a "build to" number. He stated that the proposed density for this outlet has been adjusted downward four specific times as a result of development occurring in other areas of the PUD. He believes the flexibility envisioned for this PUD is working. He recommended that the Council consider whether this is a good product and whether it is good for the City. He stated the flexibility proposed in the reduction of density is not inconsistent or contrary to the intent of the overall master plan for the PUD. He stated the density reduction will not have a detrimental effect on financing of the city's overall infrastructure. Councilmember Vasiliou stated that she remembered that Mr. Laukka had to meet a specific unit density when proposing previous phases in the PUD. She asked why Rottlund Company should now be allowed to build to a much lower density than originally proposed. Mr. Tremere stated the record clearly shows that the 1,147 was a maximum density not a "build to" number. He believes Rottlund Company is proposing something consistent with the flexibility envisioned in the MPUD plan approval. He stated the 1987 approval of the MPUD clearly calls for a mechanism in order for developers to request amendments to the density. He stated that Mr. Laukka was not required to build to a specific number at each development stage of the PUD. He was rather asked to show how the proposed density at each stage would result in adjustments to the density of the overall PUD. Peter Jarvis, Parkers Lake Development, stated there is no question that an applicant has the right to make a request for amendment of the plan. He stated Mr. Laukka is opposed to any amendment of the plan that would reduce the density. He stated the 1987 amendment to the master plan was a reallocation of uses and structural changes. He stated that the area now proposed for development by Rottlund Company was specifically identified as being able to handle dense housing. He stated Mr. Laukka has been consistent during each stage of development in complying with the intent to accomplish a specific density in the overall master plan. He believes the reduction in density for the Rottlund parcel would eliminate some of the housing diversity in the master plan. It would also impact diversity with respect to variety of house price ranges. He stated this is a significant change from the approved master plan. Mr. Jarvis stated that legally the city can insist on a minimum "build to" number, just as they can enforce a maximum density. He feels the 1,147 units needs to be maintained in order to provide diversity of uses and lifestyles in the community. Regular Council Meeting August 30, 1993 Page 28 Councilmember Edson stated concerns that the City has made adjustments in density in 7 out of 9 developments previously approved in the PUD. Those phases were all proposed by one developer. He stated concerns about not allowing another developer to adjust densities. Mr. Jarvis stated that this issue relates to the extent to which the Rottlund request would differ from the master plan. He stated the Rottlund request is being made because that developer does not build rental type apartment housing or high density condominiums. He stated that is not a good reason to change the overall master plan. He stated if the Rottlund proposal was within the approved density range, he would not object to the proposal. Mr. Laukka stated that if the density ranges would have been labeled differently, he may have acquired additional property. He made his purchase decisions based on what densities were identified in the master plan. Councilmember Helliwell stated that she believes the neighbors to the north and west of the PUD would prefer lower density type of housing on the Rottlund site. She stated that the Rottlund development built in her neighborhood is a quality development. There are no parking problems or noise problems, and the property is well maintained. She stated it is also important that the City ensure that there is affordable housing in the community. Ann Wetzel, 2020 Shenandoah Court, stated she lives in Parkview Townhomes and represents their homeowner association. She stated they are opposed to the Rottlund proposal. Homeowners want the diversity proposed in the approved master plan. She purchased her townhome with the understanding that there would be diverse housing in the area. Mr. Laukka stated that he has relied on the master plan to develop each phase of the PUD. He has provided that plan to 318 residents who purchased homes in this development. Bruce Malkerson, 3200 Piper Jaffrey Tower, stated the 1,147 unit density has remained throughout the phases of the PUD simply because no one has applied to change it. He stated that Laukka Development has worked with this issue simply by moving the densities from one parcel to another as each outlot was developed. Mr. Malkerson stated there is nothing to indicate that the 1,147 units is other than a maximum density. He stated there is no legal reason in the City's ordinance that is cause for the Council to deny the Rottlund request. He stated this is a diverse housing type and the affordability and diversity will fit well in the PUD master plan. Regular Council Meeting August 30, 1993 Page 29 Councilmember Edson stated one of the challenges of the Housing and Redevelopment Authority is to ensure there is affordable housing in the city. He stated the HRA sponsors programs to assist first-time home buyers with down payments; however, finding housing stock in an affordable price range is a problem. He asked what density range this proposed development would fall in with respect to the zoning classifications. Planner Keho stated the proposed density would fall at the high end of the R-3 density. Mr. Jensen stated that Rottlund Homes has a plan for a new housing type for development of a future outlot. If the Council feels it is important to retain the density, Rottlund could add units to the future outlot in order to meet the R-4 density. He stated they could also slightly amend this proposal in order to reach the R-4 level of density. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell to adopt a RESOLUTION APPROVING A MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR ROTTLUND HOMES, INC., LOCATED ON THE EAST SIDE OF SHENANDOAH LANE AT 22ND AVENUE NORTH (93055) (MPUD 83-1) Mayor Bergman stated he will not support the Rottlund proposal because he does not believe it is fair that this developer should not have to meet a midpoint density number as the previous developer has done. He stated that he would have no objection to the Rottlund proposal if the density was within the density range. Councilmember Tierney asked staff to comment on the transfer of densities between outlets. Planner Keho stated the Council could transfer unit densities between parcels depending on the type of development desired. He stated that there were opportunities to move density to the Laukka outlots; however, Mr. Laukka chose not to receive the additional density. Planner Keho stated the Planning Commission recommendation of denial was based on the belief that the overall master plan should be maintained. They were concerned with the type of units that could be built on the remaining smaller parcels if the shift in density was approved for this proposal. Motion failed on a roll call vote, Edson, Helliwell, and Tierney, ayes; Vasiliou and Bergman, nays. (This motion required a 4/5 vote for approval.) Regular Council Meeting August 30, 1993 Page 30 ITEM 8-A-1 CITY COUNCIL REQUEST STATUS The Council reviewed the list of pending 1993 Council requests. ITEM 8-A-2 CAPITAL EVIPROVEMENT AND PROJECT STATUS REPORT The Council reviewed the capital improvement and project status report. ITEM 8-B APPOINTMENT TO BOARD OF ADJUSTMENTS AND APPEALS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-509 APPOINTMENT TO BOARD OF ZONING ADJUSTMENTS AND APPEALS, APPOINTING MICHAEL KOBS. Motion carried on a roll call vote, three ayes; Councilmembers Edson and Vasiliou abstained as they were not present at the interviews. ITEM 8-C CITY COUNCIL INFORMATION MEMORANDUM MOTION was made by Mayor Bergman, seconded by Councilmember Edson to schedule a budget study session meeting for September 9 at 12:00 noon. Motion carried, five ayes. The meeting was adjourned at 12:50 a.m. o'ut's GLcce'at ie' City tierk