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HomeMy WebLinkAboutCity Council Minutes 10-04-1993MINUTES REGULAR COUNCIL MEETING OCTOBER 4, 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 October 4, 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, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, City Attorney Meller, Associate Planner Keho, Housing Specialist Dale, and City Clerk Rauenhorst ITEM 4-A REPORT ON PLYMOUTH HOUSING ALLIANCE Housing Specialist Milt Dale presented a status report on the Plymouth Housing Alliance Project. He stated that most of the construction of the single family home proposed at Fernbrook Lane and County Road 9 will be done by volunteers, similar to a Habitat for Humanity type project. Steve Williams of Lundgren Bros. Construction will provide the construction supervision for this project. A pre- qualified family has been selected and the First -Time Home Buyer's Program will also be used on this project. Mayor Bergman noted that the selected family is currently on the Section 8 Rental Assistance Program. This project will not only allow that family to own a home, but it make a Section 8 certificate available for another family. He stated the Housing Alliance Program is designed to be an ongoing effort and more citizen volunteers will be needed in the future. ITEM .4-B PROCLAMATION OF MANUFACTURERS WEEK Mayor Bergman proclaimed October 18 through 22 as Manufacturers Week in the City of Plymouth. ITEM 5 APPROVE AGENDA Manager Johnson requested that the Tax Increment Financing application from Braun Medical be added to the agenda. Regular Council Meeting October 4, 1993 Page 2 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to approve the agenda with the addition of the TIF application from Braun Medical. Motion carried on a roll call vote, five ayes. ITEM 6 CONSENT AGENDA Manager Johnson suggested that item 6-B - Approve Disbursements, be removed from the Consent Agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the Consent Agenda, with the exception of item 6-B. Motion carried on a roll call vote, five 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, 1993 Regular Meeting, and the September 27, 1993 Joint Study Session. Motion carried on a roll call vote, five ayes. ITEM 6-B APPROVE DISBURSEMENTS Manager Johnson noted that the disbursements list includes payment of accrued vacation for James Willis. Attorney Meller stated that at the time of Willis's resignation, he had accrued about 14,000 in vacation time. It was also noted that he had been paid compensation of about $30,000 in excess of the statutory cap. An opinion of the Attorney General was requested to determine whether the accrued vacation was part of his compensation." The opinion has now been received, and Attorney Meller recommended that Mr. Willis be paid $14,249.40 for vacation accrual, with an additional $495 interest. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-581 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 23, 1993, including the accrued vacation and interest payment to James Willis as recommended by the City Attorney. Regular Council Meeting October 4, 1993 Page 3 Motion carried on a roll call vote, four ayes, Vasiliou nay. ITEM 6-C APPOINT ELECTION JUDGES FOR NOVEMBER 2 ELECTION MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-582 APPOINTING ELECTION JUDGES FOR 1993 ELECTIONS. Motion carried on a roll call vote, five ayes. ITEM 6-D SET HEARING ON REVIEW OF LICENSE AND PERMIT FEES MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-583 CALLING FOR PUBLIC HEARING ON PROPOSED REVISIONS TO VARIOUS LICENSE AND PERMIT FEES Motion carried on a roll call vote, five ayes. ITEM 6-E RELEASE OF SITE IMPROVEMENT PERFORMANCE MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-584 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE 7TH ADDITION, LOCATED AT THE SOUTHWEST CORNER OF 22ND AVENUE NORTH AND SHENANDOAH LANE (91103), LOTS 3 AND 4, BLOCK 2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-585 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE 7TH ADDITION, LOCATED AT THE SOUTHWEST CORNER OF 22ND AVENUE NORTH AND SHENANDOAH LANE (91103), LOTS 5 AND 6, BLOCK 2. Motion carried on a roll call vote, five ayes. Regular Council Meeting October 4, 1993 Page 4 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-586 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE 7TH ADDITION, LOCATED AT THE SOUTHWEST CORNER OF 22ND AVENUE NORTH AND SHENANDOAH LANE (91103), LOTS 1, 2, AND 3, BLOCK 1. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-587 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE 7TH ADDITION, LOCATED AT THE SOUTHWEST CORNER OF 22ND AVENUE NORTH AND SHENANDOAH LANE (91103), LOTS 4 AND 5, BLOCK 1. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-588 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE 7TH ADDITION, LOCATED AT THE SOUTHWEST CORNER OF 22ND AVENUE NORTH AND SHENANDOAH LANE (91103), LOTS 1 AND 2, BLOCK 2. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-589 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR HAMEL LUMBER FOR PROPERTY LOCATED AT 18710 HIGHWAY 55 (89026). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-590 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR THE ASSOCIATION OF FREE LUTHERAN CONGREGATIONS FOR PROPERTY LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD (91020). Motion carried on a roll call vote, five ayes Regular Council Meeting October 4, 1993 Page 5 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-591 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR FOOD ENGINEERING CORPORATION FOR PROPERTY LOCATED AT 2765 NIAGARA LANE NORTH (91034) Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-592 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR ARBY'S INTERNATIONAL FOR PROPERTY LOCATED NORTHEAST OF HIGHWAY 55 AND REVERE LANE NORTH (91064) Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-593 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR KELLY INNS FOR PROPERTY LOCATED AT 2705 ANNAPOLIS LANE NORTH (91095). Motion carried on. a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-594 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR 918 BUILDING H FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF COUNTY ROAD 9 AND HIGHWAY 169 (90011). Motion carried on a roll call vote, five ayes ITEM 6-F REDUCTION OF SITE IMPROVEMENT PERFORMANCE MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-595 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR NORTHERN STATES POWER FOR PROPERTY LOCATED NORTH OF MEDINA ROAD ON EAST SIDE OF COUNTY ROAD 101, SOUTH OF HIGHWAY 55 (92051). Motion carried on a roll call vote, five ayes. Regular Council Meeting October 4, 1993 Page 6 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-596 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR HANCE DISTRIBUTION FOR PROPERTY LOCATED AT 12725 16TH AVENUE NORTH (92089). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-597 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WENDY'S INTERNATIONAL FOR PROPERTY LOCATED NORTHWEST OF COUNTY ROAD 9 AND HIGHWAY 169 (93006). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-598 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR NEDEGARD CONSTRUCTION FOR THE COURTYARDS OF FRENCH CREEK FOR PROPERTY LOCATED SOUTHWEST OF ROCKFORD ROAD AND LARCH LANE (93034). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-599 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR STUART CORPORATION FOR FERNBROOK TOWNHOMES FOR PROPERTY LOCATED AT THE INTERSECTION OF 44TH AVENUE NORTH AND FERNBROOK LANE (91044). Motion carried on a roll call vote, five ayes. ITEM 6-G SCHERBER PARTNERSHIP - RPUD FINAL PLAT FOR HOLLY CREEK 2ND ADDITION (93096) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-600 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR SCHERBER PARTNERSHIP, INC., FOR "HOLLY CREEK 2ND ADDITION" LOCATED ON THE WEST SIDE OF DUNKIRK LANE AND 41ST AVENUE NORTH (93096). Motion carried on a roll call vote, five ayes. Regular Council Meeting October 4, 1993 Page 7 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-601 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED RESIDENTIAL FINAL PLAT FOR SCHERBER PARTNERSHIP, INC., "HOLLY CREEK 2ND ADDITION" LOCATED WEST OF DUNKIRK LANE AT 41ST AVENUE NORTH (93096). Motion carried on a roll call vote, five ayes. ITEM 6-H JANICE AND LEO KIEFER - LOT DIVISION/CONSOLIDATION OF PROPERTY IN THE SWAN LAKE AND SWAN LAKE SOUTH ADDITIONS 93104 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-602 APPROVING LOT DIVISION/CONSOLIDATION FOR JANICE AND LEO KIEFER LOCATED AT 4280 OAKVIEW LANE NORTH (93104). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-603 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR JANICE AND LEO KIEFER FOR PROPERTY LOCATED AT 4280 OAKVIEW LANE NORTH (93104) Motion carried on a roll call vote, five ayes. ITEM 6-I PRIME BUILDERS. INC. - LOT CONSOLIDATION. CUP AND VARIANCE (93091) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-604 APPROVING LOT CONSOLIDATION FOR PRIME BUILDERS, INC., FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF TRENTON LANE AND 44TH AVENUE NORTH (93091) Motion carried on a roll call vote, five ayes. Regular Council Meeting October 4, 1993 Page 8 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-605 APPROVING SITE PLAN, CONDITIONAL USE PERMIT, AND VARIANCES FOR PRIME BUILDERS, INC., LOCATED AT THE SOUTHWEST INTERSECTION OF TRENTON LANE AND 44TH AVENUE NORTH (93091). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-606 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT CONSOLIDATION FOR PRIME BUILDERS, INC., FOR PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF TRENTON LANE AND 44TH AVENUE NORTH (93091). Motion carried on a roll call vote, five ayes. ITEM 64 CHEERY HILL BUILDERS. INC. - PRELIIVHNARY/FINAL PLAT SITE PLAN, VARIANCE, AND CUP (93095) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-607 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR CHERRY HILL BUILDERS, INC., FOR "TRENTON PONDS" LOCATED AT THE NORTH SIDE OF 10TH AVENUE NORTH AND ONE BLOCK EAST OF SOUTH SHORE DRIVE (93095) Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-608 APPROVING FINAL PLAT FOR CHERRY HILL BUILDERS, INC., FOR "TRENTON PONDS" LOCATED NORTH OF 10TH AVENUE NORTH AND ONE BLOCK EAST OF SOUTH SHORE DRIVE (93095). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-609 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE FINAL PLAT FOR CHERRY HILL BUILDERS, INC., FOR "TRENTON PONDS" PROPERTY LOCATED NORTH OF 10TH AVENUE NORTH AND ONE BLOCK EAST OF SOUTH SHORE DRIVE (93095). Regular Council Meeting October 4, 1993 Page 9 Motion carried on a roll call vote, five ayes. ITEM 6-K FEC CONSTRUCTION - SITE PLAN AMENDMENT AND VARIANCE (93094) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-610 APPROVING SITE PLAN AMENDMENT FOR FEC CONSTRUCTION FOR PROPERTY LOCATED AT 2765 NIAGARA LANE (93094). Motion carried on a roll call vote, five ayes. ITEM 6-L RELEASE OF TREE PRESERVATION FINANCIAL GUARANTEES MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-611 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR JANCO, INC., FOR FORSTER PRESERVE LOCATED NORTHWEST OF THE INTERSECTION OF 42ND AVENUE NORTH AND EVERGREEN LANE (92090). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-612 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR ARGUS DEVELOPMENT FOR EAGLEWOOD ADDITION FOR PROPERTY LOCATED NORTHEAST OF COUNTY ROAD 9 AND GOLDENROD LANE (92110). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-613 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR ORRIN THOMPSON HOMES FOR BRIDLEWOOD FARM 3RD ADDITION FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BROCKTON LANE AND MEDINA ROAD (93021). Motion carried on a roll call vote, five ayes. Regular Council Meeting October 4, 1993 Page 10 ITEM 6-M SET PUBLIC HEARING ON VACATION OF A PORTION OF TRENTON LANE AND ADJACENT TRAIL EASEMENT MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-614 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF STREET RIGHT-OF- WAY, OUTLOT B AND LOTS 9 AND 10, BLOCK 1, SAGAMORE ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-615 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF TRAIL AND WALKWAY EASEMENTS, OUTLOT B AND LOT 10, SAGAMORE ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-N RECEIVE PETITIONS AND PRELIMINARY ENGINEERING REPORTS, AND ORDER STREET LIGHTING IMPROVEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-616 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - HEATHER RUN ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-617 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, HEATHER RUN ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-618 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - AUTUMN HILLS ADDITION. Motion carried on a roll call vote, five ayes. Regular Council Meeting October 4, 1993 Page 11 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-619 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, AUTUMN HILLS ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-620 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - KIMBERLY WOODS ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-621 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, KIMBERLY WOODS ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-0 DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-622 REDUCING DEVELOPMENT BOND, COURTYARDS OF FRENCH CREEK ADDITION (93034). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-623 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 8TH ADDITION (92071). Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-624 REDUCING DEVELOPMENT BOND, HOLLY CREEK 2ND ADDITION (93096). Motion carried on a roll call vote, five ayes. Regular Council Meeting October 4, 1993 Page 12 ITEM 6-P RECEIVE PETITION AND APPROVE OPENING OF ALLEY ELMHURST ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-625 DECLARING ALLEYWAY OPEN FOR PUBLIC USE, ELMHURST ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-0 RESOLUTION REGARDING PROPOSED HENNEPIN COUNTY FUNDING POLICY OF COOPERATIVE HIGHWAY PROJECTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-626 REGARDING HENNEPIN COUNTY FUNDING OF COOPERATIVE HIGHWAY PROJECTS. Motion carried on a roll call vote, five ayes. ITEM 6-R CONSENT TO PUBLIC TRAIL EASEMENT IN BASS LAKE CREEK BUSINESS PARK FOR CITY OF MAPLE GROVE MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-627 CONSENT TO PUBLIC TRAIL EASEMENT, BASS CREEK BUSINESS PARK 2ND ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-S FINAL PAYMENT - 1991 STREET RECONSTRUCTION PROGRAM, PHASE H, PROJECT 102 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-628 REQUEST FOR PAYMENT NO. 6 AND FINAL, 1991 STREET RECONSTRUCTION - PHASE H, CITY PROJECT NO. 102. Motion carried on a roll call vote, five ayes. Regular Council Meeting October 4, 1993 Page 13 ITEM 6-T ORDER BIDS FOR FERNBROOK LANE STREET AND UTILITY IMPROVEMENTS, PROJECT 907 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-629 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, FERNBROOK LANE STREET AND UTILITY IMPROVEMENTS - PHASE I, CITY PROJECT NO. 907. Motion carried on a roll call vote, five ayes. ITEM 6-U CONVEY TAX FORFEITED PROPERTY TO PLYMOUTH HRA MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-630 CONVEYANCE OF TAX FORFEITED PROPERTY TO THE PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY. Motion carried on a roll call vote, five ayes. ITEM 6-V AUTHORIZE APPLICATION FOR GRANT FROM DEPARTMENT OF JUSTICE MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to authorize staff to apply for a grant from the Department of Justice, for additional police officers. Motion carried on a roll call vote, five ayes. ITEM 7-A VACATION OF DRAINAGE AND UTILITY EASEMENTS Public Works Director Moore presented the staff report on the request for vacation of a portion of a drainage and utility easement within Lot 8, Block 1, Lake Park Heights Addition. Mayor Bergman opened the public hearing at 7:16 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-631 AUTHORIZING THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT IN LOT 8, BLOCK 1, LAKE PARK HEIGHTS ADDITION. Regular Council Meeting October 4, 1993 Page 14 Motion carried on a roll call vote, five ayes. Public Works Director Moore presented the staff report on the request for vacation of a drainage and utility easement within Lot 61 and 62, Block 1, and Lot 1, Block 2, Parkers Lake North 3rd Addition. Mayor Bergman opened the public hearing at 7:17 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-632 AUTHORIZING THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT IN LOTS 61 AND 62, BLOCK 1, AND LOT 1, BLOCK 2, PARKERS LAKE NORTH 3RD ADDITION. Motion carried on a roll call vote, five ayes. ITEM 8-A CARLSON REAL ESTATE COMPANY - FINDINGS OF THE EAW AND DETERMINATION OF NEED FOR EIS (93019) Community Development Director Hurlburt recommended that the Council approve the Findings of Fact supporting a negative declaration of the need for an Environmental Impact Statement (EIS) for the Carlson Center, 12th and 13th Additions. She stated that the amended Environmental Assessment Worksheet EAW) was prepared and sent to the Environmental Quality Board for publication in the August 2, 1993 issue. The thirty day review period for the Environmental Assessment Worksheet ended on September 1, 1993. None of the agencies commenting on the EAW recommended the preparation of an EIS. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-633 APPROVING THE FINDINGS OF FACT SUPPORTING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE CARLSON CENTER 12TH AND 13TH ADDITIONS (93091). Motion carried on a roll call vote, five ayes. ITEM 8-11 CARLSON REAL ESTATE COMPANY - LAND USE GUIDE PLAN AMENDMENT, REZONING, GENERAL DEVELOPMENT PLAN AMENDMENT, SITE PLAN, CUP, VARIANCE, AND PRELIMINARY PLAT FOR A WAL-MART STORE (93019) Community Development Director Hurlburt stated that immediately preceding the Council meeting, she received a letter from Carlson Real Estate Company Regular Council Meeting October 4, 1993 Page 15 requesting that their application be withdrawn for a Land Use Guide Plan Amendment, Rezoning, General Development Plan Amendment, Site Plan, Conditional Use Permit, Variance, and Preliminary Plat for a Wal-Mart store, located at the southeast corner of Carlson Parkway and I-494. She stated that they intend to file a new application for a revised development in this location, and public hearings will be held before the Planning Commission on the revised application. Councilmember Vasiliou asked what would be proposed on the portion of property in the City of Minnetonka, if a Sam's Club, rather than a Wal-Mart store, is proposed in Plymouth. Linda Fisher, representing Carlson Real Estate Company, stated that they intend to file a new application for a development that would include a Sam's Club in Plymouth and office/industrial type development in Minnetonka. Councilmember Vasiliou encouraged Carlson Real Estate Company to conduct informational meetings with neighborhoods in that area about the proposed development. VICKSBURG VIT,LAGE APARTMENTS (91091) Community Development Director Hurlburt presented the staff report on the application of Metropolitan Life for amendment to RPUD Preliminary Plan and Conditional Use Permit to increase off-street parking by 99 spaces, and a variance to exceed 30 percent impervious coverage in the Shoreland Overlay Management District located at Vicksburg Village Apartments, 15700 Rockford Road (91091). She stated that on September 20, 1993, the City Council voted to reconsider this matter at this meeting and requested that additional information be provided. Property owners within 500 feet of the affected parcel have been notified of this meeting. Director Hurlburt explained that a question was raised at the September 20, 1993, meeting about the history of the minimum parking requirements for multiple family dwellings. She stated that when Vicksburg Village was built, the requirement was 1.5 spaces per unit. The parking problems experienced by Vicksburg Village were the impetus for changing the requirement to 2 spaces, plus .5 guest spaces per unit in 1990. She stated that another complex, the Parkside Apartments, has also experienced parking problems. In 1991, approval was given to add 21 parking spaces to that site. Regular Council Meeting October 4, 1993 Page 16 She stated that on September 20, a question also arose as to whether the Vicksburg Village residents were required to use the underground parking spaces allocated for their units, or whether they were allowed to decline the space in return for a credit. The apartment managers have categorically denied that any resident has been given such an opportunity, and indicate that they do not allow that practice in any of the properties that they manage. Director Hurlburt stated that as indicated by the Parking Management Plan, no more than one parking permit per adult leasee is permitted. When staff met with the apartment managers on September 22, there were 551 vehicles registered to the 581 adults living in the complex. There are total of 564 parking spaces on site, including the 345 indoor spaces. She stated that as of October 1, the apartments will be 97 percent occupied, with only about 12 vacant units. The managers expect that vacancy rate to remain low. She also reported that at staffs meeting with the apartment managers, assurances were given that the lighting issue (glare from an existing light visible from nearby townhomes) would be resolved before the matter came back to the City Council. Director Hurlburt recommended adoption of a resolution providing for the approval of an amendment to the RPUD Preliminary Plan/Conditional Use Permit to increase off-street parking by 99 spaces, including a variance to exceed 30 percent impervious coverage in the Shoreland Overlay Management District, as recommended by the Planning Commission. She stated that the need for additional parking is evidenced by the 551 registered vehicles at the apartment complex, with 581 adult leasees. In addition to the parking lot expansion, the Council should consider adoption of a resolution approving an amended RPUD Landscape Plan, as also recommended by the Planning Commission. Mayor Bergman stated that he and Councilmember Edson had visited Vicksburg Village Apartments to view the parking situation in the early morning hours on a number of dates. On all occasions, there were very few, if any, empty outside parking spaces, and many illegally parked vehicles. Mayor Bergman stated the number of illegally parked vehicles is unacceptable. He believes the City underestimated the parking requirements for multiple family dwellings at the time these units were constructed, particularly given the demographics of this complex. John Heinrich, 15740 County Road 9, Apt. 124, requested that the Council approve the parking expansion request. He stated it is difficult to live in an apartment complex where each time he leaves home, he has to worry about having a place to park when he returns. Alex Novak, 15720 County Road 9, Apt. 301, stated that whether the parking problem at Vicksburg Village is a management problem or a zoning ordinance problem the apartment residents are paying the price. He noted that vehicles are Regular Council Meeting October 4, 1993 Page 17 also being parked at the Amoco Station and at Summer Creek Apartments because there is inadequate parking at Vicksburg Village. He requested that the Council approve the request for expanded parking. Pat Hallisey, 4065 Quantico Lane, questioned whether the number of vehicles presented in the city staff report was correct. He stated that in August 1992, the Plymouth Creek Homeowner's Association was informed by Vicksburg Village that 621 vehicles were registered to their residents. He stated that the current number of vacancies in the underground parking area proves that the management company does not enforce the assigned parking spaces. Mr. Hallisey stated that he believes the information presented in the management plan is flawed, and stated that the management company has the option of limiting the number of residents at Vicksburg Village in order to control the number of vehicles. He presented a number of options for improving the parking situation, and stated that if one vehicle per bedroom were allowed, there would still be 64 spaces for visitor parking. He believes Metropolitan Life and the management company need to meet with the neighbors to develop an overall management plan for the facility to adequately address the parking problems. He suggested that colored parking stickers and a fine system for violators could be used. He agreed that there is a parking problem and a solution needs to be found. He stated that a hardship exists on the property, but has been caused by the apartment owner renting to too many people and allowing too many vehicles on the site. Richard Morris, 6600 France Avenue South, represented Metropolitan Life, Mr. Morris stated that in October, 1991, they presented a plan to add 102 parking spaces to the site. This plan was rejected by the Council and the property owner was directed to work with the Plymouth Creek Homeowner's Association to attempt to find solutions to the parking problems. He stated that 13 subsequent meetings have been held. Mr. Morris stated that he believes Metropolitan Life has negotiated in good faith with the Plymouth Creek Homeowner's Association and, for the most part, they have agreed to a plan. He stated that Metropolitan Life would not agree to deed restrictions against the property. He noted that Metropolitan Life was not the builder of the project; they purchased the project after construction. He stated that following the last Council meeting, their security personnel counted between 10 and 30 illegally parked vehicles each night. Mr. Morris stated that a management plan will not correct this problem because additional parking spaces are needed. He stated that $626,000 will be paid by Vicksburg Village in 1993 property taxes. That equates to more than $1,900 per unit, and residents of the apartments are entitled to adequate parking. Mayor Bergman agreed that a Parking Management Plan is not likely to correct the problem, and he questioned whether it is practical to implement a policy of fines. Regular Council Meeting October 4, 1993 Page 18 MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-634 APPROVING AN AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AMENDMENT; AND AMENDED RPUD FINAL SITE PLAN, INCLUDING SHORELAND OVERLAY DISTRICT VARIANCE, FOR METROPOLITAN LIFE FOR VICKSBURG VILLAGE APARTMENTS, LOCATED AT 15700 ROCKFORD ROAD (91071) Councilmember Helliwell asked whether the City could mandate that a private property owner require assigned parking, or whether the City could mandate the number of permitted vehicles per bedroom. Attorney Meller stated it is unlikely that the City could mandate assigned parking, and it would be extremely difficult for the City to require or enforce a ratio of vehicles per bedroom. Councilmember Tierney asked how many spaces would be required if this apartment building were constructed today. Director Hurlburt stated that 835 parking spaces would be required if a building containing the number of units of Vicksburg Village were constructed today. Councilmember Vasiliou stated that the City Council has never insisted that the management company for Vicksburg Village adequately manage the property to address the existing problems. She believes poor management is the cause of most of the problems that exist on the site. Motion carried on a roll call vote, four ayes, Vasiliou nay. The City Council considered the Landscape Plan Amendment for Vicksburg Village Apartments. Mayor Bergman stated concerns with construction and maintenance of the berm and with soil erosion. Public Works Director Moore suggested that a condition be added to the approving resolution to require that the Erosion Control Plan must comply with Best Management Manual as adopted by the Pollution Control Agency. He stated that this manual requires revegetation within 30 days. He stated that they will also be required to maintain the siltation fences for erosion purposes. Regular Council Meeting October 4, 1993 Page 19 MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-635 APPROVING RPUD LANDSCAPE PLAN AMENDMENT FOR VICKSBURG VILLAGE APARTMENTS, LOCATED AT 15700 ROCKFORD ROAD (91071), WITH THE ADDITION THAT The erosion control plan must accompany the Best Management Manual, as adopted by the Pollution Control Agenda. Councilmember Edson stated he would like to know if the parking lot expansion will be completed this fall. He stated that if the project cannot be completed, perhaps it should not be started until spring. Mr. Morris stated that he has been informed by the contractor that there is still time to complete the project this year. He stated it is their intention to begin construction immediately. The Council expressed concerns that the siltation fence for erosion control be adequately constructed and maintained on the project. Public Works Director Moore stated that the City does not have to give any notice to the contractor to correct or maintain the siltation fence. The City has the right to immediately correct the problem with no notice, with cost to be billed to the contractor. The Council directed that same day repair of the siltation fence should be enforced on this project. Mr. Morris stated that he had no problem with this provision and he could be notified if there were concerns. MOTION carried on a roll call vote, four ayes, Vasiliou nay. ITEM 8-D ROTTLUND COMPANY, INC. AMENDED MPUD PRELIMINARY PLAN/PLAT AND CUP (93055) Community Development Director Hurlburt stated that on August 30, 1993, the Council voted 3-2 to approve a request by Rottlund Company for a 116 unit multi- family project located on the east side of Shenandoah Lane and 22nd Avenue North. The request was effectively denied because a 4/5 vote was needed for approval. Following the meeting, the developer modified the plan to bring the number of dwelling units up to 144. At the subsequent Planning Commission meeting, the Commission recommended denial of the revised request based on concerns related to density and type of dwelling proposed for the site. Regular Council Meeting October 4, 1993 Page 20 Director Hurlburt stated there has been considerable discussion on the intended density of the original PUD. A review of the City's records does not indicate that 1,147 units was intended as a minimum or "build -to" number. She stated that the proposed density of this project as revised is within the range established for the site. The applicant has also agreed to modify the plan to comply with the 25 foot setback for structures, decks, and fences, as well as to add "proof of parking" spaces to the plan to meet the ordinance requirements if needed. She recommended approval of the revised request. Councilmember Vasiliou referenced the possible use of driveway aprons in front of private garages to count toward parking requirements. She stated the primary concern when the prohibition was added to the ordinance was maintenance problems for homeowner associations with snow plowing contracts, not driveways for common garages rather than individual owner occupants, as indicated in the staff report. Donald Jensen, 5201 E. River Road #301, represented Rottlund Company. He introduced Todd Stutz, Rottlund Executive Vice President; Carter Johnson, Minneapolis Community Development Agency; Tim Whitten, Rottlund architect; and Jeffrey Johnson, Rottlund attorney. Mr. Jensen stated that Rottlund Company believes they have met the previous direction of the City Council by proposing a plan that is within the density range established for the site. He described the revised plan and showed pictures of the five different proposed unit types. He stated this will project will be entirely fire sprinkled and will be the only one of its kind in the Parkers Lake PUD. He stated that under the revised plan, only one deck would encroach into the setback. This deck could be eliminated or redesigned for the final plat. Mr. Jensen stated the pricing the units will fulfill a market need and is responsive to the flexibility sought in the Parkers Lake development. He stated the revised plan would provide 12.2 dwelling units per acre, which equates to an R-4 density. He stated the anticipated building styles were never mentioned when the Parkers Lake PUD was originally approved. This is the first high density project proposed in the PUD, and it will provide for home ownership opportunities. He stated Rottlund Company is a responsive management company with a good track record. While this construction season has been lost, he requested that the Council approve the revised plan so the project can move forward with anticipated completion in the summer of 1995. Councilmember Edson asked Mr. Jensen if Rottlund Company has agreed to modify the plan to comply with the 25' setback and to add "proof of parking" if needed. Mr. Jensen stated the plan will be modified to reflect these changes. Regular Council Meeting October 4, 1993 Page 21 In response to a question from Councilmember Tierney, Mr. Jensen stated there is space available for an additional 97 units of deferred parking. This could be constructed in the future if needed. Councilmember Vasiliou asked if the parking would be constructed at the homeowners' expense or by the developer. She also asked if the Planning Commission saw all maps and plans proposed in the project at the public hearing. Mr. Jensen stated it would be constructed from the homeowner association fund, if needed. Rottlund Company starts the reserve fund. He stated that all plans were viewed by the Planning Commission. Director Hurlburt stated the setback and "proof of parking" issues were discussed with staff following the Planning Commission meeting. Carter Johnson, Minneapolis Community Development Agency, indicated his support of the project. Ann Wetzel, 2020 Shenandoah Court, submitted a petition from residents in the Parkers Lake PUD asking the Council to deny the Rottlund request. She stated residents are concerned about the lack of diversity in floor plans and housing types in the PUD; not in the proposed unit price ranges. Greg Erickson, 18056 Terraceview Lane North, stated that many residents moved to this PUD based on the master plan which showed diversity in housing types and a limited number of townhome-type units. He requested that the Council deny the Rottlund request. Larry Laukka, Parkers Lake Development, stated Mr. Jensen has indicated that they will modify the plan for the final plan consideration, but he would like to see the changes demonstrated in the preliminary plan. Mr. Laukka stated that when the Parkers Lake PUD was approved with 1,147 proposed units, there were concerns with ensuring diversity in the unit types. The midpoint density factor was a crucial element to ensuring diversity in the PUD. He stated that he has constructed 332 townhome units in the PUD and now 30 percent of the PUD is two-story townhomes. Approval of the Rottlund proposal would add more of this same type of housing and further reduce diversity in housing type. He stated the original density plan should be sustained and additional apartment units are needed in the City. He noted that Vicksburg Village has 97 percent occupancy. Councilmember Vasiliou stated that one of the requirements ofLaukka when the PUD was approved, was placement of a large sign in the sales office that showed the housing types proposed, as well as the proposed lighted playtield. She stated Regular Council Meeting October 4, 1993 Page 22 that months after the PUD approval, the Council ensured that the sign was still in the sales office. She stated concerns with the Council approving the Rottlund request because it is not consistent with the Council's intent with respect to density and housing diversity when the Parkers Lake PUD was approved. Tim Whitten, Rottlund Company, stated that the only diversity documented in the original PUD master plan was density. This proposed project fits within that density and will provide a diverse housing type. Jennifer Younger, 2000 Shenandoah Lane, stated there are more than a dozen residents present at this meeting who oppose the construction of more townhouse - type units in the Parkers Lake development. They support greater diversity in housing type. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to table the Rottlund request and refer it back to the Planning Commission in order to provide the developer the opportunity to demonstrate in the preliminary plan the proof of parking" and elimination of setback variances. Donald Jensen stated the plan responds to concerns previously raised by the Council. He stated Rottlund Company will return to the Planning Commission as directed by the Council, but could likely return with another split vote recommendation. He asked if the Council has other concerns that should be addressed. Mayor Bergman stated he would like Rottlund to demonstrate to the Planning Commission and to area residents that this proposal can meet the setback requirements without a variance, as well as the "proof of parking". Councilmember Vasiliou stated her major concern is that area residents purchased homes in the Parkers Lake PUD with the understanding that there would be a diversity in housing types. Councilmember Helliwell stated there is a Rottlund product in her neighborhood that is very well constructed and maintained. She stated she understands the need for diversity in housing, but believes that the proposed units will be better for the neighborhood than high density apartments. Councilmember Edson stated it is important that the decision of the Council is legally justified. It appears that the Rottlund proposal perhaps should legally be approved, whether or not area residents desire the product. Motion to table carried on a roll call vote, four ayes; Vasiliou nay. Regular Council Meeting October 4, 1993 Page 23 ITEM S -E SCHEDULE SALE OF GENERAL OBLIGATION REFUNDING BONDS Finance Director Hahn stated staff has been considering advance refunding of various general obligation bond issues based on the low interest rates for some time. He has also considered the possibility of paying off various issues with existing funds. Springsted, Inc., has actively considered the refunding of general obligation bonds and submitted a report in February, 1993. However, the City waited believing that interest rates would decline further, which has occurred. Director Hahn stated that unlike refinancing a typical home mortgage, which can be done numerous times, City bonds can only be advance refunded once. The estimated savings will be realized over the remaining life of the individual bond issues, with differing call dates. These amounts will accrue to the funds and will be transferred to the Community Improvement Fund when all bonds have been retired. He recommended that the Council authorize the scheduling of the 1993 advance refunding bond sale for refunding of bonds in the areas of Special Assessment Improvement Bonds, Water and Sewer Revenue Bonds, and Tax Increment Bonds. He noted that it is unlikely that interest rates will be further reduced and the refunding should be conducted in 1993, David MacGillvray, Springsted, Inc., concurred with the staff recommendation. They have considered the refunding issue for the last two years, and he believes this is the appropriate time to proceed. He stated it is important that the City conduct the sale in 1993 because if more than $10 million in bonds are issued in a calendar year, banks have a disincentive to bid on the bonds and higher interest rates result. He stated that interest rates have also further dropped in the last three months. Mr. MacGillvray stated he believes the City has a good chance at receiving a AAA credit rating from Moody's which would result in the best possible interest rates for the sale. He suggested a sale date of November 17. Councilmember Helliwell asked if further savings could have been realized if the refunding had been done earlier. Mr. MacGillvray stated that there has been no penalty for waiting to refund bonds over the last year because interest rates have continued to decline. Councilmember Helliwell stated she would like to have a study session in November on comprehensive debt analysis of the City. Chuck Lymangood, 11780 40th Place North, supported the Council moving forward with the refunding. He stated a study session would be helpful. He also suggested that the Council consider each outstanding issue to determine if Regular Council Meeting October 4, 1993 Page 24 additional bond issues could be refunded under the $10 million limit or paid off with existing funds. Mr. MacGillvray stated this can be discussed at the study session. He has reviewed all bond issues of the City. On many issues, the interest savings is not worth pursuing. He stated that historically January is a good time to sell bonds. They will continue to monitor the situation and will recommend additional issues for refunding if warranted in 1994. Almon Bock, Financial Advisory Committee, stated the timing of when to proceed with the refunding is a judgment call. He stated the Financial Advisory Committee believes the refunding is a positive financial move for the City. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-636 RELATING TO THE ISSUANCE OF CERTAIN GENERAL OBLIGATION IMPROVEMENT REFUNDING. BONDS. Motion carried.on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-637 RELATING TO THE ISSUANCE OF CERTAIN GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-638 RELATING TO THE ISSUANCE OF CERTAIN TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to schedule a Special Council Meeting for award of the bonds at 3:00 p.m. on November 17, 1993. Motion carried, five ayes. ITEM 9-A FINANCIAL TREND REPORT Finance Director Hahn presented the 1992 Financial Trend Report. He stated the report has been reviewed by the Financial Advisory Committee, and they have Regular Council Meeting October 4, 1993 Page 25 made recommendations for future enhancements to the report. The report indicates that of the 20 financial trend indicators, only five suggest areas that should be watched for potential concerns. Those areas are revenues per capita, elastic tax revenues, user charge coverage, employees per capita, and enterprise losses. Almon Bock, Chair of the Financial Advisory Committee, stated future reports could include trend lines to better identify what trends are of concern. The report should also indicate how Plymouth stands compared to similar communities, as well as establish policies or ideal levels for indicators such as fund balances and employees per capita. He stated that performance indicators could be added to the report. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to accept the 1992 Financial Trend Report and to direct staff to prepare a brief summary of the report for inclusion in the Plymouth New and news releases. Motion carried, five ayes. ITEM 9-B QUARTERLY LITIGATION STATUS REPORT Attorney Meller reported that the Court of Appeals upheld the City's position on the Larry Begin litigation. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to accept the quarterly litigation status report. Motion carried, five ayes. ITEM 9-C FIRE APPARATUS EQUIPMENT REPLACEMENT Public Works Director Moore stated the adopted 1993 Central Equipment Budget provided for the replacement of a command vehicle, Mack pumper, and utility vehicle for the fire department. In order that the replacement equipment would fulfill the future needs of the fire department, Fire Chief Kline has made a recommendation on replacement of the existing units. Chief Kline has recommended that the City sell the 1970 Mack pumper and not replace it, sell the existing 1970 command vehicle and replace it with a combination unit which would serve for command/rescue and hazardous material, replace the existing 1984 utility vehicle with a similar vehicle, and purchase a trailer for the bulk supply materials associated with the hazardous material operations. Regular Council Meeting October 4, 1993 Page 26 Director Moore stated the estimated cost for the purchase of this equipment is 200,000. This is substantially less than the $352,000 contained in the 1993 budget, since the pumper is not proposed for replacement. Fire Chief Kline explained the recommendation and stated that the only new equipment would be the trailer. The trailer would be hooked to one of the existing grass rigs. Public Safety Director Gerdes stated the City would receive $42,000 through the sale of retired equipment. Councilmember Edson asked if the vehicle proposed for use with the hazardous material operations could serve additional uses. Chief Kline stated the vehicle would also be used as a weekend duty vehicle for fire officers and for transporting firefighters to class. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to authorize staff to solicit bids for purchase of replacement of fire apparatus equipment, as outlined by staff. Motion carried, five ayes. ITEM 9-D COUNCIL INFORMATION MEMORANDUM Manager Johnson stated the City has received a request from Zachary Lane residents to meet with respect to the possible improvement project proposed for Zachary Lane in 1994. Staff has indicated to the residents that no design work will be conducted unless the Council orders the project; however, the residents would like to express their concerns to the Council early in the process. Mayor Bergman suggested that the Council meet with residents on Zachary Lane to view the site and discuss the potential project. Manager Johnson also indicated that the Council needs to establish study meetings for the 26th Avenue improvement project and to discuss bond refinancing. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to establish a study session with the Zachary Lane residents on the site at 10:00 a.m. on November 6; a study session on the 26th Avenue project for November 15 at 5:30 p.m.; and a study session on bond refinancing for November 8 at 4:00 p.m. Motion carried, five ayes. Regular Council Meeting October 4, 1993 Page 27 ITEM 9-E TAX INCREMENT FINANCING APPLICATION OF BRAUN MEDICAL Manager Johnson stated the City has received a tax increment financing application from Braun Medical. Their original request was $750,000, but they indicated that requested amount would be reduced. He stated this is an existing medical supply business in Plymouth that is seeking to consolidate its business to a location on Northwest Blvd. He stated this parcel is not in an existing tax increment district, but the location is important to Braun because of proximity to the new medical campus. Mayor Bergman stated Braun Medical has offers from the City of Maple Grove, but they would prefer to remain in Plymouth and need interstate access. They employ 134 people. Manager Johnson stated that staff is evaluating the Braun request. Concerns relate to the creation of a new district and potential loss ofHACA aid, meeting the "but for" test, and the limited tax increment proceeds that may come from the proposed site. Staff will continue to work with the firm and will report any further developments to the Council. Councilmember Vasiliou stated her paramount concern would be the effect on the City's HACA aid. The meeting was adjourned at 11:40 p.m. i Clerk