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HomeMy WebLinkAboutCity Council Minutes 09-20-1993MINUTES REGULAR COUNCIL MEETING SEPTEMBER 20, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:05 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on September 20, 1993. PRESENT: Mayor Bergman, Councilmembers Helliwell, Tierney, and Vasiliou ABSENT: Councilmember Edson STAFF PRESENT: Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A PRESENTATION OF PLAQUES OF APPRECIATION Mayor Bergman announced that plaques of appreciation will be mailed to Paul Dolan for his service on the Board of Zoning Adjustments and Appeals, and to Mary Dolan for service on the Northwest Hennepin Human Services Council Advisory Committee. ITEM 4-B PROCLAMATION OF WASTE REDUCTION WEEK Mayor Bergman proclaimed the week of September 27 through October 2 as Waste Reduction Week. ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to approve the agenda. Motion carried, four ayes. ITEM 6 CONSENT AGENDA Item 6-F was removed from the Consent Agenda. Councilmember Helliwell requested that her no vote be reflected on Item 6-N-1. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the Consent Agenda. Regular Council Meeting September 20, 1993 Page 2 Motion carried on a roll call vote, four ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the City Council minutes of the August 30 study session, and the September 9 study session. Motion carried on a roll call vote, four ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Counciimember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-548 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 9, 1993. Motion carried on a roll call vote, four ayes. ITEM 6-C YOUR MOVE PACK AND LOAD SERVICE - CONDITIONAL USE PERMIT (93085) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-549 APPROVING CONDITIONAL USE PERMIT FOR YOUR MOVE PACK AND LOAD SERVICE FOR PROPERTY LOCATED NORTHEAST OF I-494 AND 24TH AVENUE NORTH (93085) Motion carried on a roll call vote, four ayes. ITEM 6-D BAUER HOMES - AMENDED PUD PLAN AND CONDITIONAL USE PERMIT (93093) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-550 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR BAUER HOMES, INC., FOR PROPERTY LOCATED AT 4130 RANCHVIEW LANE NORTH (93093). Motion carried on a roll call vote, four ayes. Regular Council Meeting September 20, 1993 Page 3 ITEM 6-E COTTONWOOD PLAZA LEASING OFFICE - CUP (93097) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-551 APPROVING CONDITIONAL USE PERMIT FOR JEROME BEGIN - BARB DEMARS FOR OUTSIDE STORAGE AND DISPLAY OF NEW AUTOMOBILES LOCATED AT 3900 VINEWOOD LANE NORTH (93097). Motion carried on a roll call vote, four ayes. ITEM 6-F HENNEPIN COUNTY PROPERTY MANAGEMENT - PUD PRELIMINARY PLAN AMENDMENT AND MPUD FINAL SITE PLAN FOR PLYMOUTH COMMUNITY LIBRARY (93076) Joe Domagala, 17705 County Road 24, questioned Condition 13 of the proposed approving resolution for PUD preliminary plan amendment and MPUD final site plan for construction of the Plymouth Community Library. Mr. Domagala stated that this condition would allow the use of a natural prairie seed mix on the site. He questioned whether prairie grass is appropriate in this location. He also asked for assurance that approval of the library on this site would not create restrictions for future retail establishments in the PUD, which normally would be allowed in a B-2 district. He stated that discussions are being held with a lot of people interested in development in the PUD, and he wanted assurance there would be no problem with a use such as a restaurant holding a 3.2 liquor license or wine license given the proximity of the library. Councilmember Helliwell noted that there are retail establishments all around the Maple Grove library. She believes the library fits well into a retail area. She agreed that the prairie seed mix is not appropriate for this site and stated that the landscaping should be uniform with surrounding sites. Councilmember Vasiliou also expressed concern about the proposed prairie grass. She stated that a governmental development should not be held to a different standard than a private development. Regular Council Meeting September 20, 1993 Page 4 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-552 APPROVING AMENDED MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN AND MIXED PLANNED UNIT DEVELOPMENT FINAL SITE PLAN FOR HENNEPIN COUNTY PROPERTY MANAGEMENT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 36TH AVENUE NORTH AND VICKSBURG LANE NORTH (93076), amending Condition No. 13 to provide that the site must conform to the City landscape standard and the use of natural prairie seed mix is not allowed for the site. The Council discussed the use of natural prairie grass in the city. Councilmember Helliwell noted that it may be appropriate to allow natural prairie grass in areas that are difficult to sod and maintain. Richard Strong, Hennepin County Property Management, explained that prairie grass was proposed for the site because it would blend well with the building style. He stated the prairie grass would be about 2' tall and would include a mix of wild flowers. Prairie grass is used at the Eden Prairie library site. Councilmember Helliwell asked if the Council could approve the plan and later resolve the issue of landscaping. Councilmember Vasiliou stated the Council has previously denied requests for prairie grass. She believes it is an undesirable precedent to now allow it in a retail area. She stated that natural prairie grass was allowed in a portion of the Vicksburg Lane right-of-way. However, if the Council approves this request on privately owned property, it would be very difficult to deny similar requests in the future. Motion carried on a roll call vote, four ayes. ITEM 6-G JGM AGENCY, INC. SITE PLAN AMENDMENT FOR PARKING LOT EXPANSION (93090) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-553 APPROVING SITE PLAN AMENDMENT FOR JGM AGENCY, INC., FOR PROPERTY LOCATED AT 9909 SOUTHSHORE DRIVE (93090) Motion carried on a roll call vote, four ayes. Regular Council Meeting September 20, 1993 Page 5 ITEM 6-H SUPPLEMENTAL AGREEMENT FOR COUNTY ROAD 10 IMPROVEMENTS, PROJECT NO. 812 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-554 REVISING CONSTRUCTION COOPERATIVE AGREEMENT, SUPPLEMENTAL AGREEMENT NO. 7, COUNTY ROADS 10 AND 61, COUNTY PROJECT NO. 7408, CITY PROJECT NO. 812. Motion carried on a roll call vote, four ayes. ITEM 6-I PRELIMINARY ENGINEERING REPORT ON HOLLYDALE WATER TOWER, PROJECT NO. 212. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-555 RECEIVING PRELIMINARY ENGINEERING REPORT, HOLLYDALE WATER TOWER, CITY PROJECT NO. 212, AND DIRECTING STAFF TO CONDUCT PUBLIC INFORMATION MEETINGS WITH AREA PROPERTY OWNERS ON THE ALTERNATE LOCATION AND DESIGNS TO RECEIVE PUBLIC COMMENT. Motion carried on a roll call vote, four ayes. ITEM 6-J AGREEMENT WITH HENNEPIN COUNTY FOR USE OF COMPUTER DATABASE MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-556 APPROVING CONDITIONAL USE AGREEMENT, PROPRIETARY DATABASE, HENNEPIN COUNTY. Motion carried on a roll call vote, four ayes. ITEM 6-K APPROVE EXEMPTION UNDER 1991 WETLAND ACT FOR WEST SUBURBAN HEALTH CAMPUS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-557 APPROVING FINDINGS OF FACT FORM AND CERTIFICATE OF EXEMPTION WETLAND CONSERVATION ACT 1991, WEST SUBURBAN HEALTH CAMPUS. Motion carried on a roll call vote, four ayes. Regular Council Meeting September 20, 1993 Page 6 ITEM 6-L STREET LIGHTING IMPROVEMENTS FOR FERNBROOK MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-558 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - FERNBROOK TOWNHOMES ADDITION. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-559 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, FERNBROOK TOWNHOMES. Motion carried on a roll call vote, four ayes. ITEM 6-M DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-560 REDUCING DEVELOPMENT BOND, WESTWOOD RIDGE 2ND ADDITION (85108) Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-561 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 8TH ADDITION (92071) Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-562 REDUCING DEVELOPMENT BOND, EAGLEWOOD ADDITION (92110) Motion carried on a roll call vote, four ayes. Regular Council Meeting September 20, 1993 Page 7 ITEM 6-N DECLARE COSTS TO BE ASSESSED AND SET ASSESSMENT HEARINGS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-563 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS, NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD, CITY PROJECT NO. 011 Motion carried on a roll call vote, three ayes, Helliwell nay. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-564 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT, NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD, CITY PROJECT NO. 011 Motion carried on a roll call vote, three ayes, Helliwell nay. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-565 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, NORTHCENTRAL TRUNK SANITARY SEWER - PHASE H, CITY PROJECT NO. 015 Motion carried on a roll call vote, four ayes MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-566 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT, NORTHCENTRAL TRUNK SANITARY SEWER - PHASE H, CITY PROJECT NO. 015 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-567 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, NORTHWEST -17 TRUNK SANITARY SEWER, CITY PROJECT NO. 040 Motion carried on a roll call vote, four ayes. Regular Council Meeting September 20, 1993 Page 8 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-568 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT, NORTHWEST -17 TRUNK SANITARY SEWER, CITY PROJECT NO. 040 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-569 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, 1993 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 301 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-570 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT, 1993 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 301 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-571 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DEBRIS CLEANUP, 2870 EVERGREEN LANE Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-572 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT, DEBRIS REMOVAL - 2870 EVERGREEN LANE Motion carried on a roll call vote, four ayes. ITEM 6-0 RECEIVE PLANS AND ADVERTISE FOR BIDS FOR DUNKIRK LANE IMPROVEMENT, CITY PROJECT NO. 308 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-573 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, DUNKIRK LANE IMPROVEMENT, CITY PROJECT NO. 308 Regular Council Meeting September 20, 1993 Page 9 Motion carried on a roll call vote, four ayes. ITEM 6-P APPROVE "NO PARKING" ON DUNKIRK LANE AND NEW COUNTY ROAD 9 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-574 AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON DUNKIRK LANE BETWEEN OLD ROCKFORD ROAD AND NEW COUNTY ROAD 9 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-575 AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON NEW COUNTY ROAD 9 BETWEEN VICKSBURG LANE AND STATE HIGHWAY 55 Motion carried on a roll call vote, four ayes. ITEM 6-0 AUTHORIZE STOP SIGNS AT VARIOUS LOCATIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-576 INSTALLATION OF STOP SIGNS Motion carried on a roll call vote, four ayes. ITEM 6-R DECLARE COST TO BE ASSESSED AND SET PUBLIC HEARING FOR DELINQUENT FIRE ALARM PERMIT FEES MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-577 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT FIRE ALARM FEES Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-578 CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, DELINQUENT FIRE ALARM PERMIT FEES Motion carried on a roll call vote, four ayes. Regular Council Meeting September 20, 1993 Page 10 ITEM 7-A CONSIDERATION OF ORDERING 26TH AVENUE IMPROVEMENTS, CITY PROJECT NO. 601 Public Works Director Moore stated that on June 21, the Council held a public improvement hearing to consider the proposed improvement of 26th Avenue between State Highway 169 and Medicine Ridge Road. At the conclusion of the hearing, the Council directed that a meeting be held with staff, property owners, and the Council to discuss concerns raised during the public hearing. That meeting was held on August 16. He stated that the project as originally proposed was for a 36' wide street with a 10' pedestrian trail along the north side of the road. This would permit parking on one side of the street. He stated that 26th Avenue is part of the City's municipal state aid system and its width and construction standard must meet requirements set by the Minnesota Department of Transportation. A majority of the project cost is proposed to be funded with Municipal State Aid funds. He stated that this project was proposed by staff due to the condition of the roadway, and requires a 4/5 vote of the City Council in order to proceed. He recommended that the Council order the project for construction with the following conditions: The street be constructed to a width of 32' wide, face to face of concrete curb; Concrete curb and gutter be installed on the roadway along with drainage improvements for the street; 3. An 8' wide pedestrian trail/sidewalk be constructed immediately adjacent to the curb on the southerly side of the roadway, 4. That the estimated assessments for the adjacent properties that receive driveway access to 26th Avenue be established at $45.64 per foot of frontage along the street; and 5. Properties that do not use the street for access would have an estimated assessment for the concrete curb and gutter of $7.76 per front foot. Mayor Bergman asked if the cost of the trail is proposed to be assessed to benefiting property owners. Regular Council Meeting September 20, 1993 Page i l Director Moore stated no special assessments are proposed for the trail improvements. He stated the property owners want the trail eliminated; however, projected traffic volumes predict the need for an off-road trail. Councilmember Helliwell stated that it was her understanding that the Council was going to consider this issue at a study session following the meeting with the neighborhood. Councilmember Vasiliou stated that was her understanding as well, and she believes the Council should consider all scenarios and costs in detail. She stated that at this point she will not support a trail. Richard Fynn, 9930 26th Avenue North, submitted a letter from neighborhood representatives on 26th Avenue, outlining their desires for the project. He stated the residents are not clear as to what is proposed to be assessed and what portion would be municipal state aid funding. He stated the street is in very bad repair and requested that the City immediately do some minor repair to the street before winter. He stated the current width of the roadway is still not established. Linda Thompson, 9640 26th Avenue North, asked if the bus shelter on 26th Avenue would be removed or relocated because it is in the location of the proposed trail. She would like the trail eliminated, but if it is required, she would support a 3-4' width, rather than an 8' trail. She asked about the interest rate on the assessments and the length of time property owners would have to pay the assessments. Director Moore stated the City Council would establish the interest rate and length of assessment at the assessment hearing. Ruth Lueck, 9710 26th Avenue North, questioned the width of the roadway. She stated concerns that the electric poles would have to be moved back onto properties. She stated it is very important not to lose trees as a result of this project, and stated concerns that properties would be devalued if trees are lost. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to defer consideration of 26th Avenue improvements, Project 601, until the Council has considered the scenarios and costs for the improvement in a study session. Staff was directed to send a letter to 26th Avenue property owners responding to questions raised at the August 16 and September 20 meetings. Motion carried on a roll call vote, four ayes. Regular Council Meeting September 20, 1993 Page 12 MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to direct staff to prepare a proposed plan on how best to include citizens in the process and receive citizen input on street reconstruction projects. Motion carried on a roll call vote, four ayes. ITEM 7-B WALKER METHODIST. INC./PLYMOUTH SENIORS PUD FINAL PLAN/PLAT FOR SENIOR HOUSING PROJECT (93089) Associate Planner Keho recommended adoption of a resolution approving the RPUD Final Plat/Final Site Plan for construction of a 99,000 square foot affordable housing project for the Plymouth Housing Authority. He stated the proposed Plymouth Towne Square project will be a 99 unit affordable housing project for the special needs of seniors. The facility is being constructed by the Plymouth HRA and will be managed by Walker, Inc. He stated that the zoning ordinance parking requirements are reduced to one parking space per unit if the project can either demonstrate that the full parking requirements can be handled on-site, or that a covenant is filed on the property indicating that the project will not be used for anything other than senior citizen housing. The proposed site plan provides for 109 parking spaces, 69 of which are in the interior garage and 40 of which are surface spaces. A proof of parking of 40 spaces has been provided on the surface which demonstrates that the site can provide for 1.5 parking spaces per unit. A stipulation has been added to the approving resolution indicating that a covenant shall be filed on the property indicating that the project cannot be used for anything other than senior citizen housing unless this site can meet the parking requirements for multi -family housing. Planner Keho stated the proposed site plan includes one deviation from the landscaping policy. It includes the use of a natural seed mix in some areas of the site. The City's landscaping policy requires that all disturbed areas be resodded to provide for erosion control and for immediate landscaping on the site. The use of natural seed mix is intended to help recapture the original character of the site and tie the site to the surrounding park area to the southeast. He stated the applicant has submitted a request for a variance from the fire lane standards which require a fire lane within 50 feet of all exterior walls. Based on the bids received for the project it is estimated that the fire lane and related landscaping will increase the cost of the project by approximately $50,000. In order to be consistent with previously approved multi -family projects, a fire lane would be required. Staffs concern with a variance for the fire lane is increased at the site since the project is designed specifically for senior citizens. He stated the resolution as written requires construction of the fire lane. Regular Council Meeting September 20, 1993 Page 13 MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-579 APPROVING RPUD FINAL SITE PLAN FOR THE PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY FOR PLYMOUTH TOWNE SQUARE ADDITION LOCATED AT THE NORTHEAST CORNER OF 37TH AVENUE NORTH AND PLYMOUTH BOULEVARD (93089) (RPUD 82-1), allowing the deviation from the landscaping policy, and requiring construction of the fire lane. Councilmember Vasiliou stated she would support the deviation from the landscaping policy for use of the natural seed mix. This is consistent with other requests the Council has approved in residential areas that abut a natural area or park. She stated she does not support the fire lane variance, particularly since the project will serve seniors. Councilmember Tierney stated she also supports the use of natural seed mix on the property because it abuts a wetland and natural area. Mayor Bergman clarified that only some of the units will be subsidized; not all of the units as recently reported in the newspaper. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-580 APPROVING RPUD FINAL PLAT FOR PLYMOUTH HRA FOR PLYMOUTH TOWNE SQUARE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 37TH AVENUE NORTH AND PLYMOUTH BOULEVARD (93089) (RPUD 82-1) Motion carried on a roll call vote, four ayes. ITEM 7-C VICKSBURG VILLAGE - REQUEST FOR VARIANCE TO CONSTRUCT ADDITIONAL PARKING LOT Mayor Bergman stated he had added this item to the agenda in response to a telephone call received from Richard Morris, representing Metropolitan Life. Mr. Morris had indicated that he had new information with respect to their request for a variance to construct additional parking at Vicksburg Village Apartments. Mayor Bergman suggested that the Council reconsider the issue on October 4, which would provide an opportunity to notify interested parties. Councilmember Tierney stated that she was not present at the meeting when the issue was last considered. She stated the Vicksburg Village Apartments parking Regular Council Meeting September 20, 1993 Page 14 problems need the City's immediate attention, and she would support reconsideration of the issue. Councilmember Helliwell stated that she also believes the current parking problems at Vicksburg Village are sufficient to consider construction of additional parking areas. She stated there are safety concerns with respect to women walking two to three blocks at night in order to go to their apartment from the parking lot. She stated that Council previously voted to delay the issue for six months, and asked whether it could be reconsidered. Attorney Meller stated that the City Council can reconsider the issue. He suggested that the Council adopt a motion to rescind the previous motion to delay the request for a variance for six months. He stated the Council could then reconsider the issue after proper notice is given to interested parties. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to rescind the Council's previous action which deferred the request for a variance to construct additional parking at Vicksburg Village for a six month period. Alex Novak, 15720 County Road 9, 4301, stated he lives at Vicksburg Village Apartments. He stated that additional parking is needed and berming and landscaping are proposed. He stated that late at night there are no legal spaces available in which to park, and renters have to park illegally in the grass or in the fire lanes. Patrick Hallisey, 4065 Quantico Lane, stated the Plymouth Creek Homeowner's Association has spent 2 1/2 years working with the management of the apartment complex to address the parking problem. He stated the management has refused to negotiate a comprehensive solution to the parking problem as previously directed by the City Council. Mr. Hallisey stated he believes an adequate parking plan can be developed, and there has been no attempt to determine how many spaces are needed. He shares the concern about how far people have to walk to get to their apartments and the related safety issues. Mr. Hallisey stated that the apartment owner refused to agree to a deed restriction on the property that no additional parking would be requested in the future. He recommended that the City Council require the apartment owner to negotiate a solution with the Plymouth Creek Homeowner's Association. In response to questions from Councilmembers, Mr. Hallisey stated that the lighting problem has not been corrected, and there are 104 units in the Plymouth Creek Homeowner's Association. Councilmember Vasiliou stated she was advised by a new Vicksburg Village resident that a tenant could sell their underground parking place for $50. Regular Council Meeting September 20, 1993 Page 15 Mr. Morris responded that he is unaware that tenants could sell their underground parking spaces. He stated that the underground parking spaces are assigned by unit, and only the above -ground spaces are unassigned. Mr. Morris stated that the parking situation at Vicksburg Village has been closely monitored over the last few weeks. He stated that tenants have been parking in the fire lanes and in the lawn areas, as well as at the Amoco Station and apartment complex across the street, because there is inadequate parking. He requested an opportunity to have the issue reconsidered by the City Council on October 4. Mr. Morris stated he will ensure that the lighting problem is resolved prior to that time. Councilmember Helliwell asked Mr. Morris to respond to Mr. Hallisey's statement that the Vicksburg Village management has refused to meet with the homeowner's association to address the parking problem. Mr. Morris stated they have met at least 13 times with Mr. Hallisey and the Plymouth Creek Homeowner's Association. They have addressed a wide variety of concerns at these meetings and many issues have been resolved. He stated that one discussion area that has not gone well is the new parking management plan. He cited as an example that the homeowner's association would like to see all parking assigned. The apartment management philosophy is that there should not be totally assigned parking. If a resident leaves for the weekend, their parking space is available if it's unassigned. He stated that Metropolitan Life has no intention of seeking additional parking if this request is granted. Mayor Bergman stated he would like a report from staff on the reason the City's parking requirement was amended from 1.5 to 2.5 spaces several years ago. Councilmember Vasiliou stated that she had contacted several other managers of apartment units built within the last five years. They indicated that they do not have a parking problem. She stated she had previously voted against the variance request because she believes the management plan should be enacted first. Mr. Hallisey stated that the homeowner association and Vicksburg Village owners have been working on this issue for two years. He stated that it is unlikely they will negotiate a solution to the parking problem within the next two weeks. Dee Block, 1035 Terraceview Lane, stated she does not feel the Vicksburg Village representatives have negotiated in good faith. She asked that the Council not discount all the work the homeowner association has put into negotiating a resolution to the parking problem. She stated it will take longer than two weeks to negotiate a resolution to the parking problem. Regular Council Meeting September 20, 1993 Page 16 Discussion was held on the available number of parking places and the number of vehicles registered to residents. Mayor Bergman stated he would like staff to confirm all of the numbers prior to reconsideration of this issue by the City Council. He would also like to know if parking problems exist in similar apartments. Motion to rescind the Council's previous action carried on a roll call vote, Helliwell, Tierney, and Bergman - ayes; Vasiliou - nay. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to reconsider the request of Vicksburg Village Apartments for a variance to construct additional parking lot on October 4. Mr. Hallisey stated that the City Council has rescinded a previous action that required a public hearing. He asked if another public hearing will now be held. Attorney Meller stated a public hearing has already been held on this issue, and another full public hearing is not required. He stated that at the next Council meeting residents will be given the opportunity to address the City Council on this issue. Motion to reconsider carried on a roll call vote, Helliwell, Tierney, and Bergman - ayes; Vasiliou - nay. ITEM 8-A CAPITAL IMPROVEMENT AND PROJECT STATUS REPORTS Public Works Director Moore presented the Capital Improvement and Project Status Reports. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to accept the reports. Motion carried on a roll call vote, four ayes. ITEM 8-B COUNCIL REQUEST STATUS REPORT Mayor Bergman asked for an update on Request No. 92-130 with respect to the Kids for Saving Earth" participation in the park project. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to accept the Council Request Status Report. Motion carried on a roll call vote, four ayes. Regular Council Meeting September 20, 1993 Page 17 ITEM 8-C COUNCIL INFORMATION MEMORANDUM Mayor Bergman requested that staff prepare a report listing all outstanding bonds and the respective call dates. Councilmember Helliwell stated that Zachary Lane residents are concerned about the potential widening of Zachary Lane. Public Works Director Moore stated that staff will be meeting with affected residents. Mayor Bergman stated that the Zachary Lane residents need to be included in the process after the Preliminary Engineering Report is completed. Councilmember Helliwell suggested that the meeting be held prior to completion of the report. Director Moore stated staff can meet with the residents, but without a Preliminary Engineering Report, staff will be unable to answer any specific questions on the project. In response to a question from Councilmember Tierney, Director Moore stated that he had provided information on how to petition for an alley opening to affected residents in the West Medicine Lake Drive area. He stated that if 100 percent of the affected residents want the alley opened, no public hearing would be required. Councilmember Vasiliou cited a letter received from Judy LaTour regarding the Plymouth Sailor circulation. She requested that a response be requested from the Sailor and shared with the City Council. ITEM 8-D COUNCIL COORDINATING REPRESENTATIVE (CCR) REPORTS Mayor Bergman reported that the Financial Advisory Committee is working on developing a mission statement. Mayor Bergman reported that a presentation on the Plymouth Housing Alliance will be conducted at the neat Council meeting. Councilmember Vasiliou requested that the Financial Advisory Committee provide a year-end summary report as done in previous years. Regular Council Meeting September 20, 1993 Page 18 Councilmember Vasiliou and Public Safety Director Gerdes described the efforts of the Wayzata/Plymouth Chemical Health Commission with respect to 'Red Ribbon Week" which is planned November 12 through 19. The meeting was adjourned at 9:14 p.m. City Clerk