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HomeMy WebLinkAboutCity Council Minutes 05-07-1997Minutes Regular Council Meeting May 7,1997 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center Council Chambers, 3400 Plymouth Blvd., on May 7, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Preus, Spigner, Black, Bildsoe, and Wold. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Planning Supervisor Senness, Public Safety Director Gerdes, Park and Recreation Director Blank, Finance Director Hahn, City Attorney Knutson, and City Clerk Ahrens. Item 3 Forum - Erosion Ordinance Tom Jes, 5055 Evergreen Lane North, said there is inadequate enforcement of the City's Erosion Control Ordinance. He has driven in the northwest area of the City and noted that over half of the erosion control barriers are in disrepair. The erosion control fence is standing at the Turck building site, but the hillside is washing away. He said that more needs to be done to enforce the existing ordinance and asked the City Attorney to address the issue of penalties. Attorney Knutson said that an erosion control situation could be a violation of an ordinance and/or violation of a development contract. Mayor Tierney noted that in the past, the City Council received reports on development and erosion violations. Councilmember Preus requested that a report on the requirements and enforcement provisions of the City's erosion control ordinance, as well as staff actions on violations, be placed on the next regular Council agenda. Councilmember Black requested that the item be considered at the June 4 meeting. Item 3-11 J & S Recycling (Can -Do) Business Nancy Wagner, 3440 Kilmer Lane North, represented a group of business people concerned about the waste facility at 3435 Highway 169 and the impacts on their adjacent businesses. She said the businesses have repeatedly asked the City to enforce the Zoning Ordinance with respect to this business. Regular Council Meeting May 7, 1997 Page 2 She submitted a list of questions and an invoice for cleanup of her property, to which she would like the City to provide a written response. Scott Henderson, 3431 North Highway 169, said that when this issue was discussed at a Council meeting a year ago, the business owners were informed that the police and community development departments would be enforcing the ordinance. The City indicated that it would seek removal of the waste facility, as well as removal of all outdoor storage. Mr. Henderson said that Can -Do Recycling is owned by J & S Recycling (Susan Simon and John Schwartman). He asked for resolution on this issue from the City. Greg Wagner, 3440 Kilmer Lane North, said that the waste facility causes a noise problem. Recently when sirens were sounding, he could hear a can crusher operating in the parking lot. City Manager Johnson said that the City has no disagreement with the speakers. A court process has been initiated. City Attorney Knutson explained that formal complaints have been prepared and are being served on the owners of the property. Councilmember Wold requested that this item be placed on the agenda for consideration. Councilmember Preus noted that the item may not be discussed for several hours due to the length of the agenda. He asked the property owners' preference. Ms. Wagner responded that the adjacent business and property owners are willing to wait until the next regular meeting agenda; however, at that time they would like answers to their questions and a response to the invoices. Item 4-A Presentation by Plymouth Crime and Fire Prevention Public Safety Director Gerdes introduced members of Plymouth Crime and Fire Prevention Fund who presented two bicycles and equipment for the Plymouth Bike Patrol. A representative of the Plymouth Crime and Fire Prevention Fund thanked community members who contributed to the Fund. This will be the first opportunity to provide a pilot program of uniformed officers on bikes in the City. Police Officer Greg Oly thanked the Fund members and said that this donation will enhance the department's ability to patrol problem areas in the City. Regular Council Meeting May 7, 1997 Page 3 Item 4-13 Recognize Police Reserves Nancy Anderson, Volunteer Coordinator, asked that the City Council recognize the contributions of Plymouth Police Reserve Officers. Public Safety Director Gerdes said the Police Reserves provide a valuable resource to the City through directing traffic, assisting with the Neighborhood Watch Program, working traffic accidents, patrolling parks and businesses, driving through neighborhoods, supervising juveniles referred to the Plymouth Alternative Youth Service program, helping at school events, transporting prisoners, and providing crowd control at community events. In 1996, seventeen Reserve Officers. contributed 5,112 hours. Director Gerdes recognized Ray Bailer, David Schmitz, Cindy Foreman, Michael Helman, Cory Tell, Susan Day, Anthony Holte, Dan Carlson, Mike Kokesh, Scott Wellsted, and Tim Bildsoe (who resigned from the Reserves when he was elected to the City Council.) Mayor Tierney presented certificates of appreciation to the reserves. Councilmember Bildsoe reminded residents that the reserves are always looking for new members. Item 5 Approve Agenda Mayor Tierney requested the addition of Item 9-D - Environmental Fair. Manager Johnson suggested the addition of Item 9-E -- set meeting with School District 284. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to add the J & S Recycling Business to the agenda. Councilmember Black said that the business owners who addressed this issue during the Forum have left the meeting. She believes it should be considered at the next regular meeting so they can be part of the discussion. Councilmember Wold said that he has questions relating to the internal operation of the City which would be appropriate even though the business owners are absent. Mayor Tierney suggested the item could be added for a report as Item 9-F. Regular Council Meeting May 7, 1997 Page 4 Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the agenda with the addition of Items 9-D, 9-E, and 9-F as noted above. Motion carried, seven ayes. Item 6 Consent Agenda Items 6-A, 6-D, 6-E, and 6-I were removed from the Consent Agenda. City Manager Johnson reported that the applicant has withdrawn the application on Item 6-P. New information was distributed on Items 6-Q and 6-T. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve the Consent Agenda with the removal of Items 6-A, 6-1), 6-E, and 6-I from Consent and deleting Item 6-P from the agenda. Motion carried, seven ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-246 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 25,1997. Motion carried, seven ayes. Item 6-C Plum Tree East PUD (94090F) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-247 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION, INC. FOR PLUM TREE EAST LOCATED AT THE NORTHEAST QUADRANT OF PEONY LANE AND COUNTY ROAD 9 (94090F). Motion carried, seven ayes. Item 6-F West Medicine Lake Park Improvements, Phase 3 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-248 APPROVING PLANS AND SPECIFICATIONS FOR WEST MEDICINE LAKE PARK PHASE 3. Motion carried, seven ayes. Item 6-G Ice Center Change Orders Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-249 APPROVING CHANGE ORDERS ON PLYMOUTH ICE CENTER PROJECT 541. Motion carried, seven ayes. Regular Council Meeting May 7, 1997 Page 5 Item 6-H Gopher State Expositions, Inc. Amusement License Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-250 APPROVING 1997 AMUSEMENT LICENSE FOR GOPHER STATE EXPOSITIONS, INC. Motion carried, seven ayes. Item 64 Patrick Busch (97021) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-251 APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR PATRICK BUSCH FOR PROPERTY LOCATED NORTH OF MEDINA ROAD AND EAST OF BROCKTON LANE (97021). Motion carried, seven ayes. Item 6-K Kenneth Streeter/TCF Financial Corporation (97027) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-252 APPROVING A SITE PLAN AND VARIANCES FOR BUILDING COVERAGE AND BUILDING SETBACK AND DENYING A VARIANCE FOR A SECOND FREESTANDING SIGN FOR KENNETH STREETER AND TCF FINANCIAL CORPORATION FOR PROPERTY LOCATED NORTH OF HIGHWAY 55, SOUTH OF 34TH AVENUE, AND WEST OF PLYMOUTH BOULEVARD (97027). Motion carried, seven ayes. Item 6-L Craig Scherber & Associates, Holly Creek 5`h Addition (96005-F) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-253 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CRAIG SCHERBER & ASSOCIATES C/O LOUCKS & ASSOCIATES, INC. FOR "HOLLY CREEK 5TH ADDITION" LOCATED NORTH OF 39TH AVENUE AND WEST OF DUNKIRK LANE (96005-F). Motion carried, seven ayes. Item 6-M Authorize Use of City Resources for 1997 Flood Relief Efforts Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-254 AUTHORIZING THE USE OF CITY RESOURCES TO PROVIDE 1997 FLOOD RELIEF ASSISTANCE IN WESTERN MINNESOTA. Motion carried, seven ayes. Regular Council Meeting May 7, 1997 Page 6 Item 6-N Rezoning for Fourth Baptist Church Addition (96185) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt ORDINANCE 97-7 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE SOUTHEAST QUADRANT OF OLD COUNTY ROAD 15 AND FORESTVIEW LANE .(96185). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-255 APPROVING FINDINGS OF FACT FOR REZONING FOR FOURTH. BAPTIST CHURCH FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 55 AND FORESTVIEW LANE (96185). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-256 APPROVING FINAL PLAT AND ASSESSMENT AGREEMENT FOR FOURTH BAPTIST CHURCH ADDITION AT THE SOUTHEAST QUADRANT OF FORESTVIEW LANE AND HIGHWAY 55 (96185F). Motion carried, seven ayes. Item 6-0 Independent School District #284 Interim Use Permit (97022) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-257 APPROVING AN INTERIM USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT #284 WAYZATA) TO ALLOW CONTINUED USE OF A RELOCATABLE CLASSROOM STRUCTURE AT GREENWOOD ELEMENTARY SCHOOL, 3635 COUNTY ROAD 101 (97022). Motion carried, seven ayes. Item 6-Q Plum Tree 3rd Addition Final Plat Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-258 APPROVING RPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION, INC., FOR PLUM TREE 3RD ADDITION LOCATED AT THE NORTHWEST QUADRANT OF PEONY LANE AND OLD ROCKFORD ROAD (97034F). Motion carried, seven ayes. Regular Council Meeting May 7, 1997 Page 7 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-259 ADOPTING ASSESSMENTS, CITY PROJECT NO. 7014, SANITARY SEWER AND WATERMAIN AREA, PLUM TREE 3" ADDITION. Motion carried, seven ayes. Item 6-11 First Quarter 1997 Financial Report Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to accept the First Quarter 1997 Financial Report. Motion carried, seven ayes. Item 6-S Maintenance Employee Recognition Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to establish Wednesday, May 14, 1997 at 7:00 a.m. as a Special Council Meeting for the Purpose of Recognizing Plymouth Maintenance Employees. Motion carried, seven ayes. Item 6-T Award of Bid for Ice Center Concrete Sidewalks Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-260 AWARDING CONTRACT FOR CONCRETE WORK. Motion carried, seven ayes. Item 6-U Reduction in Required Financial Guarantee Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-261 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN ADDITION (92035). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-262 REDUCING REQUIRED FINANCIAL GUARANTEE, AUTUMN HILLS ADDITION (92060). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-263 REDUCING REQUIRED FINANCIAL GUARANTEE, AUTUMN HILLS ADDITION 2"D ADDITION (94005). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-264 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 2"DADDITION (94016). Motion carried, seven ayes. Regular Council Meeting May 7, 1997 Page 8 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-265 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 3RD ADDITION (94058). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-266 REDUCING REQUIRED FINANCIAL GUARANTEE, FRENCH RIDGE PARK ADDITION 94159). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-267 REDUCING REQUIRED FINANCIAL GUARANTEE, HOLLY CREEK 5'H ADDITION (96005). Motion carried, seven ayes. Item 6-V Application for Transit Funding from the Metropolitan Council Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-268 SUPPORTING APPLICATION FOR TRANSIT CAPITAL FUNDING FROM THE METROPOLITAN COUNCIL. Motion carried, seven ayes. Item 6-W Award of Bid for Improvements to Park -and -Ride Lot Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-269 RESOLUTION AWARDING BID, PLYMOUTH METROLINK, FOUR SEASONS MALL PARK- AND-RIDE LOT, CITY PROJECT NO. 7013. Motion carried, seven ayes. Item 6-X Order Public Hearing for Proposed Vacation of Easements Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-270 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF PART OF 35TH AVENUE NORTH STREET RIGHT-OF-WAY, LOT 1, BLOCK 5, PLYMOUTH HILLS, LOT 2, BLOCK 1, PLYMOUTH HILLS 6TH ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-271 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOT 2, BLOCK 1, PLYMOUTH HILLS 6TH ADDITION. Motion carried, seven ayes. Regular Council Meeting May 7, 1997 Page 9 Item 6-Y "No Parking" Sign Installations Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-272 AUTHORIZE THE INSTALLATION OF "NO PARKING" SIGNS ON RIDGEMOUNT AVENUE BETWEEN VINEWOOD LANE AND COUNTY ROAD 73, PLYMOUTH CITY PROJECT NO. 7004. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-273 AUTHORIZE THE INSTALLATION OF "NO PARKING" SIGNS ON SCHMIDT LAKE ROAD BETWEEN PEONY LANE AND HOLLY LANE, CITY PROJECT NO. 7005. Motion carried, seven ayes. Item 6-Z Citizen Notification of Planning and Development Issues Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to direct staff to consider changes in public notification procedures to include: a) early notice upon application for certain major development proposals; b) increasing the number of development signs, placing signs earlier in the development process, placing a sign on each street frontage, and leaving the signs up until Council action is complete; and c) increasing the mailed notice area for certain types of major proposals. Motion carried, seven ayes. Item 7 -Al Vacation in Plymouth Oaks Addition Public Works Director Moore presented the staff report on vacation of part of a drainage and utility easement and drainage easement for ponding purposes in Lot 2, Block 1, Plymouth Oaks Addition. Mayor Tierney opened the public hearing at 7:45 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 97-274 AUTHORIZING THE VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT, AND DRAINAGE EASEMENT FOR PONDING PURPOSES, LOT 2, BLOCK 1, PLYMOUTH OAKS ADDITION and RESOLUTION 97-275 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 97-274 VACATING PART OF A DRAINAGE AND UTILITY EASEMENT, AND DRAINAGE EASEMENT FOR PONDING, LOT 2, BLOCK 1, PLYMOUTH OAKS ADDITION. Motion carried, seven ayes. Regular Council Meeting May 7, 1997 Page 10 Item 7-A2 Vacation in Carlson Center 12" Addition Public Works Director Moore presented the staff report on the request for vacation of a pond easement within Outlot A, Carlson Center 12`h Addition. Mayor Tierney opened the public hearing at 7:47 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-276 AUTHORIZING THE VACATION OF THE POND EASEMENT GRANTED TO THE CITY PURSUANT TO PARAGRAPH EIGHT OF THAT CERTAIN DECLARATION OF EASEMENT AND REAL COVENANTS DATED FEBRUARY 15,1994, CONTAINED WITHIN OUTLOT A, CARLSON CENTER 12TH ADDITION. Motion carried, seven ayes. Item 7-B Vacation in Northwest Business Campus 4`h Addition Public Works Director Moore presented the staff report on the vacation of a drainage easement for ponding within Lot 1, Block 2, Northwest Business Campus 4`h Addition. Mayor Tierney opened the public hearing at 7:50 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Preus, to adopt RESOLUTION 97-277 AUTHORIZING THE VACATION OF DRAINAGE EASEMENT FOR PONDING, LOT 1, BLOCK 2, NORTHWEST BUSINESS CAMPUS 4TH ADDITION and RESOLUTION 97-278 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 97-277 VACATING A DRAINAGE AND UTILITY EASEMENT FOR PONDING WITHIN LOT 1, BLOCK 2, NORTHWEST BUSINESS CAMPUS 4TH ADDITION. Motion carried, seven ayes. Item 7-C CIMARRON EAST STREET RECONSTRUCTION PROJECT Public Works Director Moore explained that on April 2, 1997, the City Council accepted a Preliminary Engineering Report for reconstructing private streets in the Cimarron East Addition. The Report was ordered based on a petition received from the Cimarron East Homeowners for the City to assume jurisdiction of private streets. The proposed project includes reconstruction of the private streets in Cimarron East and 19' Avenue which is a public street running through the development. The Preliminary Engineering Report recommended a combination of partial reconstruction and resurfacing for these streets. The estimated assessment amount is $1,474 per lot. A public Regular Council Meeting May 7, 1997 Page 11 information meeting was held on April 21 to explain the program to the affected citizens, and City staff spoke at the Cimarron East Annual Homeowner Association meeting. He proposed that the assessment hearing be held prior to the award of bids for the project. The Homeowner Association will also grant the City an easement to make these public streets. Councilmember Bildsoe asked if there was good attendance at the Information Meeting and whether all resident questions were answered. Public Works Director Moore said that about 70 to 80 people attended the Information Meeting and their questions were answered. A summary of the questions and staff responses was provided in the staff report to the Council. He said that 77 percent of affected residents signed the petition received by the City. Seventy-five percent was the minimum required for submission. The percentage of residents supporting the project may have been higher, but it is likely the petition was submitted as soon as the required 75 percent was achieved. Councilmember Wold noted that curb repair is needed on 18`h Avenue. Director Moore said the curb will be removed and repaired where needed as part of the project. Mayor Tierney opened the public hearing at 8:00 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-279 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, CIMARRON EAST STREET RECONSTRUCTION, CITY PROJECT NO. 7002. Motion carried, seven ayes. Item 8-a (6-I) James McCleary, Ameridata Noise Wall (95015) Councilmember Spigner requested an update on the Ameridata noise wall project. She said that the City Council had previously indicated that if an agreement is not reached by June 1, the City's offer to pay for a portion of the wall cost would be void. Planning Supervisor Senness stated that Mr. McCleary, the building owner, is getting bids for the actual construction cost. The plans are being reviewed by the City building division, and the agreements noted in the proposed resolution have been reviewed by both parties. She believes that they are very close to having final wording on the documents. One property owner no Regular Council Meeting May 7, 1997 Page 12 longer lives in the area, but staff is hopeful that the June 1 deadline can be met. Councilmember Spigner asked what will occur if this site plan amendment is approved but the June 1 deadline is not met. Planning Supervisor Senness responded that the site plan approval is contingent on reaching signed agreements with the parties. She said that an agreement is very close and the wall could be under construction by June 1. Councilmember Spigner said that it was her intent that if the entire issue was not resolved by June. 1, then the City's offer would be withdrawn. Councilmember Black said that the former neighbor doesn't play a role in the signing of the agreement. Supervisor Senness said that Ameridata would like issues involved with the former owner resolved before committing to the construction. She explained that one of the original three homeowners was relocated to a different city a number of months ago. He subsequently sold his home through a relocation real estate firm and left the area. General Electric, the owner of Ameridata, feels it is important to get a release from the former owner before proceeding. The owner wanted financial remuneration due to what he believes is a lower sales price of his home and lower enjoyment of his home due to the impacts of the adjacent Ameridata business. The City would not be involved in that agreement. Councilmember Johnson noted that the wall size is significant and asked if all neighbors have been notified of the proposal. She is concerned that neighbors other than the three immediately abutting properties may find the wall offensive when it is completed. Jim Olson, 11380 515` Place North, said he is one of the three homeowners impacted by the noise problem. He said that most of the wall will be covered with vegetation. One of the residents across the street was originally concerned about this situation but they are no longer involved because they did not wish to share legal expenses. He believes that all area residents have been notified. Councilmember Spigner asked for staff verification that area residents have been notified of the proposed wall. Regular Council Meeting May 7, 1997 Page 13 Supervisor Senness showed a map indicating the residences and businesses notified of the proposed wall. Councilmember Johnson said that an effort should be made to let new residents know about it as well. Community Development Director Hurlburt said that this site plan amendment was given a standard 100 foot notification and no response was received. Motion was made by Councilmember Black, seconded by Councilmember Wold, to adopt RESOLUTION 97-280 APPROVING A SITE PLAN AMENDMENT FOR JAMES MCCLEARY FOR PROPERTY LOCATED AT 10200 51ST AVENUE NORTH (95015). Councilmember Preus said he will not support the resolution because he believes the City's contribution to the cost is far greater than it should be and that the cost should be paid by others. Councilmember Spigner agreed. Councilmember Bildsoe said that this problem is the result of adjacent residential and commercial land uses. He believes it is similar to Item 8-B to be considered later on the agenda, and he will not support it. Councilmember Black said this item differs from Item 8-B. In this situation, the zoning was changed after the homes were constructed. The residents did not purchase their properties knowing the adjacent property would be a commercial/industrial use. Councilmember Bildsoe said that one of the reasons the City felt it was appropriate for the City to pay a portion of the cost was because tax increment financing was used to pay for a portion of the facility. He hopes that the wall is a solution to the problem, but he does not support City taxpayers paying to resolve it. Mayor Tierney said that in addition to the zoning change, the Ameridata business chose to expand which required removal of the trees that had served as a buffer to the adjacent residential properties. Tax increment financing was used to help with the expansion. The City did not have a 300 foot setback requirement at the time of the expansion, and loading docks were installed within 20 feet of the residences. She does not believe that the commercial/industrial use adjacent to residential use is the problem. The problem occurred with the loss of the buffer and inadequate setback. Regular Council Meeting May 7, 1997 Page 14 Councilmember Bildsoe said he is not convinced that this is something for which the City should be paying. Councilmember Preus clarified that he believes the City has done nothing wrong or improper, including the tax increment financing assistance, which creates any legal responsibility to the City contributing toward this solution. He believes that those who caused the problem should be paying for the solution. Councilmember Johnson indicated her concern that a precedent could be set, and the City could be asked to build walls elsewhere. City Manager Johnson said there are two unique things that distinguish the Ameridata situation -- the City gave economic assistance using tax increment financing to retain an existing business, and the State sound levels have been exceeded at this location. He agreed that the City has no legal obligation to provide financial assistance toward a solution. Councilmember Spigner said that this is a poor precedence to set. She noted that the residents on South Shore Drive have noise and truck issues, and she doubts that the City will be constructing a noise wall for them. She said there are other problems in the City on sites with abutting residential and commercial/industrial uses. Mayor Tierney said that a berm will likely be built to help the South Shore Drive situation. Councilmember Johnson said she will hesitantly support this, although she is very concerned about the precedent that may be set. Motion carried: Johnson, Black, Wold, and Tierney ayes; Preus, Spigner, and Bildsoe nays. Item 8-A Peony Lane/19"' Avenue Pedestrian Safety and Speeding Issues Public Works Director Moore showed a map identifying the notification area on the consideration of traffic and pedestrian concerns in the Peony Lane/ 19' Avenue area northerly of County Road 6. He said that over the past year, several actions have been taken to address these concerns including installation of two speed humps between 20`h Avenue and County Road 6. The speed humps were installed in September and a traffic study at that time indicated the humps were having an impact on traffic speed. A subsequent speed study in April indicated that the humps are continuing to have an impact on keeping traffic within the posted limit. The centerline on the street was Regular Council Meeting May 7, 1997 Page 15 marked between Peony Lane and 201h Avenue in the area of the two sharper curves to indicate that traffic should not cut the corner, and the Police Department has had this as a traffic enforcement area. The Park and Recreation Advisory Commission considered the need for an on -street or off- street trail in the area. The Commission did not adopt a specific motion, but recommended that an on -street trail be marked near the access to the Imperial Hills Park. Director Moore recommended that the following additional measures be taken to increase pedestrian safety: 1) Mark an on -street bike/pedestrian lane on both sides of 19`h Avenue between Peony Lane and 20`' Avenue; 2) Mark a crosswalk with the appropriate signage at the entrance to Imperial Hills Park; and 3) After the pedestrian/bike lane is marked, adopt a speed limit of 25 mph on 19`h Avenue with the on -street bike/pedestrian lane. Mayor Tierney noted that the City received a petition for a three-way stop at Peony Lane and 19`h Avenue about a year ago which started this process. Several vehicles parked in driveways have been totaled due to excessive speed and vehicles leaving the roadway. She said that most residents in the area have appreciated the reduction of speed that has occurred. Councilmember Bildsoe expressed concern with the recommendation for an on -street bike/pedestrian lane. He suggested that this could create more potential for accidents. He asked if this would be the only City street with a 25 mph speed limit and whether additional enforcement will be done. Public Works Director Moore said that pedestrians are on the street now. This would narrow the driving lane which should have a tendency to further slow traffic speeds. Public Safety Director Gerdes said there is at least one other street in the City with a 25 mph posted speed limit. Public Safety would increase enforcement Pfforts in this area when the signs are installed. Councilmember Spigner asked why a stop sign was not recommended when 75 percent of the residents petitioned for it. Public Works Director Moore responded that the purpose of stop signs, as stated by the Uniform Manual of Traffic Control Devices, is to control traffic at intersections -- not to slow traffic. From a traffic engineering standpoint, he could not recommend a stop sign for traffic control purposes at this location. Regular Council Meeting May 7, 1997 Page 16 Councilmember Wold thanked Mayor Tierney for her work on this issue. He said that efforts taken to date have been effective, and he believes the City is moving in the right direction. He firmly believes that Director Moore's assessment of this situation is correct. If stop signs had been initially installed as requested and nothing else done, extreme speeds would still exist. Mayor Tierney said there have been some concerns expressed relating to noise from one of the speed humps. She suggested that the speed hump located between 17`h Avenue and 18`h Avenue could be removed and an all -way stop sign installed at Peony Lane/ 19' Avenue. Councilmember Preus asked if the on -street bike/pedestrian markings will be on both sides of the street and if this has been done elsewhere on streets as narrow. Director Moore said that the markings would be on both sides of the street because bicycles are required to ride with the traffic. He cited Ridgemount Avenue and portions of Sunset Trail and Larch Lane as similar examples. Vivian Herzog, 1700 North Peony Lane, requested removal of the speed hump in front of her home. The speed hump is not needed one block from County Road 6. She said it has created a noise problem, and she does not like the two signs warning of the hump. She supports the bike lane markings. Councilmember Preus said that the speed humps have been experimental. While the speed humps have reduced speed, they have created other problems. He asked if the purpose of installing a bike/pedestrian lane is to allow the City to reduce the speed limit to 25 mph. Mayor Tierney stated yes. Councilmember Preus asked if consideration has been given to eliminating one of the speed humps and reducing the speed to 25 mph without the installation of stop signs. Mayor Tierney said that the 25"' Avenue stop signs have been effective in reducing traffic speed, and stop signs may do so in this location as well. Councilmember Preus said he would like staff to continue monitoring the effects of the speed humps. Dee Dicke, 2020 Vagabond Lane, said many of the area residents did not know the speed humps were going to be installed. She does not feel that the Regular Council Meeting May 7, 1997 Page 17 speed humps are in the correct location to protect the park entrance. She would also like residents of Imperial Hills subdivision to receive notice of meetings concerning this item. Dale Moelberg, 18000 19`h Avenue North, said he has had three cars totaled in his driveway due to vehicles leaving the roadway from excessive speed. He said that notices were mailed and many meetings were held on this traffic safety issue. Most of the neighbors support the speed humps and agree that stop signs will not solve the speeding problem. The speed humps serve as a reminder to motorists. The speed hump immediately off of County Road 6 slows traffic and reminds motorists that they are no longer on a 45 mph road. He initially supported the stop signs, but now agrees that the speed humps were a better solution. Cathy Soderman, 2210 Urbandale Lane, said the speed humps are a danger to motorists entering the neighborhood who are unaware the speed humps exist and she favors their removal. She believes that construction of a sidewalk up the hill to the Imperial Hills Park entrance would be safer than on -street marking of a bike/pedestrian trail. Mary Jane Friedhoff,18445 20`'' Avenue North, said she did not receive notice of this meeting. She believes that the speed humps are dangerous because of the road curves and winter ice. Motion was made by Mayor Tierney, seconded by Councilmember Wold, to continue the existing traffic safety measures undertaken on 19`h Avenue/Peony Lane and to add the following additional measures to increase pedestrian safety: 1) Mark an on -street bike/pedestrian lane on both sides of 19' Avenue/Peony Lane between County Road 6 and 20' Avenue; 2) Mark a crosswalk with the appropriate signage at the entrance to Imperial Hills Park; and 3) After the pedestrian/bike lane is marked, adopt a speed limit of 25 mph on 19`h Avenue/Peony Lane with the on -street bike/pedestrian lane. Motion carried, seven ayes. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to adopt a resolution establishing the intersection of Peony Lane/Peony Lane/19`" Avenue as an all -way stop and directing that the speed hump installed on Peony Lane between 17`' Avenue and Wh Avenue be removed. Councilmember Preus said he will not support the action at this time, but would be willing to consider it at a future date. He is concerned that a number of affected residents have not been notified of the consideration of the issue. Regular Council Meeting May 7, 1997 Page 18 Councilmember Bildsoe said he would also support considering the issue in the future. Councilmember Black stated that the Council has been making incremental changes to try to address this problem. She also believes it is appropriate to consider the issue in the future when the impacts of the bike/pedestrian lane markings, crosswalk markings, and 25 mph speed limit are studied. Motion was made by Councilmember Wold, seconded by Councilmember Black, to call the question. Motion carried, seven ayes. Motion failed: Johnson and Tierney ayes; Bildsoe, Wold, Black, Spigner, and Preus nays. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, that this issue be reviewed by the Council no later than August 1. Motion carried, seven ayes. Staff was directed to notify all Imperial Hills residents of the next meeting, as well as directly impacted residents. It was suggested that the Imperial Hills Homeowner Association may have a way of notifying residents, otherwise the City should do the complete mailing. Item 8-13 Seven Ponds Commercial Site (96181) Community Development Director Hurlburt presented the consideration of a Land Use Guide Plan Amendment from Commercial ("C") to Commercial Office "CO" for the Seven Ponds commercial site located on the south side of Highway 55, east of County Road 24, and north of Medina Road. Surrounding land uses include single family development to the south, Plymouth Ponds industrial park to the west, the Dundee Nursery property and a vacant parcel guided for commercial office uses north of Highway 55, and a wetland and City fire station located to the east of the subject parcel. Director Hurlburt explained that this property is part of a Planned Unit Development approved in 1991 which included the single family development to the south and on the other side of County Road 24, the industrial park, and a commercial site. The commercial site is the last vacant site in this planned unit development. The Planned Unit Development was approved as a conditional use under the prior Zoning Ordinance. Unless otherwise stated, the uses allowed in the Planned Unit Development are taken from the zoning at the time the property was designated a Planned Unit Development. This property was zoned B-3 (Highway/Service Business District) and guided CS Commercial Service Area). Commercial Service Area was a common Regular Council Meeting May 7, 1997 Page 19 designation for property at major highway intersections. The City never approved a detailed plan for the Planned Unit Development. Last year, the City adopted a new Zoning Ordinance and made changes in the Land Use Guide Plan map for consistency. The new zoning was adopted without making major changes in the Zoning Ordinance or the Land Use Guide Plan. An attempt was made to give properties the same type of zoning under the new ordinance as it had under the previous ordinance. There were situations where the Planning Commission or residents felt that the guiding and zoning needed to be examined. The residents identified this site as a concern because most of the B-3 area was placed in the new C-3 district which is a highway - oriented use. The property owner was also uncomfortable with the C-3 classification, and the decision was made to retain the property in the Planned Unit Development classification. The Planning Commission voted to initiate a possible reguiding of the site and to determine whether taking the parcel out of the Planned Unit Development and putting it in an Office Residential district would be appropriate. The Planning Commission held a public hearing and recommended reguiding from Commercial to Commercial Office. They made no recommendation on the zoning. Director Hurlburt showed the Land Use Guide Plan Map. The map has three classifications of commercial uses -- City Center area, Commercial, and Commercial Office. The Land Use Guide Plan is the general land use policy of the City and states the type of development that is expected in general terms and provides for appropriate infrastructure. A Land Use Guide Plan amendment requires a 5/7 vote of the Council. The Comprehensive Plan is required by state law and the plan must be consistent with regional plans. This is the broadest planning that is done by the City, and at this level the City Council has the broadest discretion to make decisions about what is best for the community at large, as well as the people in the immediate area. Director Hurlburt said that each commercial designation in the Comprehensive Plan may have a number of zoning classifications that correspond. The Zoning Ordinance implements the Comprehensive Plan and gives the specific standards and regulations on how property will be developed. Under state law, property zoning must be consistent with the Land Use Guide Plan. Zoning is much more specific than the Comprehensive Plan. She stated that the Council has several options on the Land Use Guide Plan: 1) Make no change in the guiding of the property (leave entire site guided Commercial); 2) Reguide the entire parcel "CO" Commercial Office recommended by the Planning Commission); 3) Adopt a combination guiding with portions of the site split between Commercial and Commercial Office (staff recommendation). Regular Council Meeting May 7, 1997 Page 20 If the Council chooses to change the guiding, the next action would be to initiate a rezoning for consistency with the Comprehensive Plan. The zoning would establish the specific standards for development of the property. Future zoning options under a Commercial Office guiding include: "O -R" Office Residential Transition District, `B -C" Business Campus District, or creation of a new Planned Unit Development. If the guiding remains Commercial or a portion of the property stays Commercial, the Council would have additional options on zoning in the future: Existing or Amended Planning Unit Development, C-1 Convenience Commercial; C-2 Neighborhood Commercial; C-3 Highway Commercial; C-4 Community Commercial; and C-2 Commercial/Warehousing. The Planning Commission would first need to conduct a public hearing for consideration of these options. Councilmember Spigner asked for the Planning Commission recommendation. Community Development Director Hurlburt said the Planning Commission recommended approval of a Land Use Guide Plan Amendment from Commercial to Commercial Office for the entire site. Councilmember Johnson said that she has suggested another alternative for a combination guiding of the property between Commercial and Commercial Office guidings. Director Hurlburt explained that the staff's recommended combination guiding would reguide the portion of the site 200 feet north of Medina Road, easterly of Garland Lane. The alternate for combination guiding proposed by Councilmember Johnson would reguide the majority of the site to Commercial Office and leave a portion in the northwest corner as Commercial. About 3.7 acres would be a Commercial designation under this alternative. Councilmember Preus asked why the Planning Commission made no recommendation on the zoning of the property. Community Development Director Hurlburt said that the Planning Commission may have believed it important for the City Council to make a decision on the reguiding before they considered rezoning. Some of the Commissioners may have believed that a Business Campus District would be a better zoning option than a Commercial Office designation. However, a hearing was not held on that option. Councilmember Bildsoe said that he originally proposed this reguiding issue when he served on the Planning Commission because of the issues regarding transition between the residential and commercial uses. Regular Council Meeting May 7, 1997 Page 21 Motion was made by Councilmember Wold, seconded by Councilmember Black, to suspend the rules and continue the meeting to 10:30 p.m. Motion carried, seven ayes. Planning Supervisor Senness said that four key issues emerged during discussion on this item. The first issue relates to the need for commercial land use in this neighborhood and on a city-wide basis. The neighbors contend there is no need for additional commercial service uses in this area. Staff updated the land use survey done four years ago and found that there is only a small supply of commercial land in the City; about 4 percent of the City's total land area. In cities of comparable size, the commercial land constitutes about 8 to 10 percent of total land area. Staff also found that this area may be under -served by commercial services in the future with the loss of this site. The second key issue was the history of the parcel and surrounding land uses. Throughout the development of the area, developers have made a number of investments based on the land use plan and existing Planned Unit Development indicating that this would be a commercial site. They have paid for infrastructure to serve the site and dedicated right-of-way. Residents have indicated that this was portrayed to them as a commercial site; however, they said the plans shown to them were for a considerably less intense use than is presently being considered by the developer. The third issue is nuisance impacts associated with potential use of the site for Commercial or Commercial Office use. Residents raised issues of lights, signs, odor, litter, and noise as concerns. These are not guiding issues. They would be considered during site plan review or review of a conditional use permit. In general, some of these concerns, such as lighting and trash screening, would be common whether there was Commercial or Commercial Office guiding of the site. Also, some of the uses raised as concerns, such as a gasoline -convenience store, could occur under either guiding. She said that a collector street, Medina Road, divides the commercial and residential uses. Also, the homes are not situated toward that direction and there is berming and landscaping in place. She said that if access to the site is eliminated at Garland Lane, it would further help address any traffic issues between the two uses. Staff is recommending that the southern portion of the site be reguided to Commercial Office to provide for further transition. The existing Planned Unit Development would allow a custom-designed, negotiated development which will help to create a good transition between the uses. Planning Supervisor Senness said the fourth issue relates to traffic impacts. Two traffic studies have been conducted on this site. At the public hearing, the major issue raised by residents was how the traffic impacts could be Regular Council Meeting May 7, 1997 Page 22 limited. Following the hearing, the traffic consultant again reviewed specific access to the site, including the elimination of the Garland Lane access. The traffic study was modeled using traffic figures based on the most recent site plan submitted by Hans Hagen in December which has not yet been reviewed by the Planning Commission. After working with Hennepin County, staff concluded that access from Garland Lane could be eliminated if there was a full access to the site at County Road 24, a full access at Dunkirk Lane, and coordinated traffic lights to allow smooth traffic flow. The traffic consultant was also asked to consider the impacts of an office development on the site. Although the traffic levels overall would be substantially greater with Commercial development than with Commercial. Office, it was found that the peaking characteristics of the Commercial Office use would require the same type of site access and the same level of roadway improvements. The roadway improvements are estimated to cost about 200,000, and it has not been determined who would pay for the improvements. These costs would not be paid by the County. Director Hurlburt explained that on November 26, the Planning Commission decided to conduct a public hearing to consider whether to recommend a Land Use Guide Plan change. The Planning Commission held a public hearing on January 28 and continued the hearing to February 11. The Commission recommended a change in guiding to Commercial Office. Mayor Tierney noted that the Planning Commission recommendation was without benefit of the updated traffic study. Councilmember Johnson said that a blended guiding option presented to the Planning Commission would have allowed for a 200 foot piece along the south portion of the site to provide a buffer. She asked why the combination guiding recommendation before the Council excludes the southwest corner for reguiding purposes. Planning Supervisor Senness said it is difficult to separate considerations of guiding from site plan when a site plan and its potential impacts are known. Also, the land owner has a strong desire to have a gas -convenience use as part of this project. Councilmember Johnson asked if a gas -convenience store would not also be allowed under a Commercial Office guiding. Supervisor Senness said it would be a conditional use in one of the zoning classifications under a Commercial Office guiding. Meetings have been held Regular Council Meeting May 7, 1997 Page 23 with the developer regarding the interest of the neighbors to have less intense uses along the south portion of the site. The developer intends to have an automotive repair use as part of this project. It would not have the same types of impacts on lighting, traffic, and signage as a gas convenience use. Staff felt that was a better transition use; and therefore, changed the recommendation on the area for combination guiding. Community Development Director Hurlburt added that the recommendation was changed only after the traffic studies indicated that this site could function without the Garland Lane/Medina Road interchange. Councilmember Johnson expressed concern that staff is recommending guiding based on a pending site plan submitted to the City for review. Planning Supervisor Senness said the proposed site plan has been submitted to the City and a hearing will be held. She said that staff believes there is a greater chance for keeping the gas convenience use from occurring along the southern portion of the site under the existing Planning Unit Development than with a Commercial Office guiding. Mayor Tierney noted there are separate ownerships along the southern portion of the site. Councilmember Johnson said that the approved Planned Unit Development indicates three fast food uses and a gas station at the southwest corner of the site. She is concerned why staff is using the pending site plan, rather than the approved Planned Unit Development concept plan. Planning Supervisor Senness said that the approved concept plan does not carry any particular weight at this point. It is a concept -- not a general plan approval. Staff used the approved concept plan to do the estimates for the original traffic study. This site plan is an active application and, with respect to the far westerly area, there is a separate landowner who intends to develop that site in a particular way. Councilmember Johnson asked whether it is the Council's practice to rezone or reguide based on pending development applications. She believes that guiding should be done in a broad manner and should not be affected by specific pending applications. Community Development Director Hurlburt said that ideally the City does its Land Use Guide Plan prior to receiving development requests as a statement of policy. Sometimes changes to the Guide Plan are later needed and can be Regular Council Meeting May 7, 1997 Page 24 initiated by the landowner or the City. She does not think it is improper to consider the latest information, regardless of what it is. In this situation, assumptions had to made on what could be built in order to do a realistic traffic study. A pending site plan application using the latest zoning requirements and what the market desires for a certain area is better information than an approved concept plan that is out-of-date with a different property configuration. Staff considered the existing plan when visualizing how the combination zoning could occur, as well as the site configuration and existing roadways. Staff did not refer to the pending site plan in making its recommendation. It was only used to help staff make a recommendation believed to be reasonable based on uses appropriate for the guiding. Councilmember Bildsoe said that when this process started, he had not seen a proposed plan for the property. The Planning Commission took a proactive approach to consider the guiding through a public hearing process. Councilmember Johnson said that she doesn't find it appropriate to use a pending site plan when guiding is being considered. Councilmember Preus said that the circumstances are complicated and unusual. He agrees that the pending site plan information is not really relevant to the guiding decision. To an extent, the site plan may be helpful to see what may happen on the site, but the criteria to be considered in making the guiding decision are noted in the staff report: 1) how the site meets the development location criteria in the Plymouth Comprehensive Plan for the existing and potential guiding; 2) the existing supply and location of commercially -guided property in the City; 3) the potential impacts of the existing and potential guiding on the City's infrastructure, including sewer, water, and transportation; and 4) concerns raised by residents at the January 28, 1997 public hearing on this matter. Mayor Tierney said that perhaps the City Council did not plan for appropriate transition between residential and industrial/commercial land uses. The Council also should consider driving/walking neighborhoods and try to supply needed services into these neighborhoods. She noted that there is very little commercial property south of Highway 55. Planning Supervisor Senness showed maps indicating half -mile and one -mile distance from commercial sites. There were significant holes in available commercial service in this area. The proposed City Center development will provide some overlap of service areas. Regular Council Meeting May 7, 1997 Page 25 Councilmember Johnson said that the City Center development is not complete, but the plan includes a gas station, grocery store, video store, restaurants, and a day care. These are the same uses proposed for the subject parcel. She asked why this plan is so necessary. She doesn't see the need because of the proximity to the City Center development. Councilmember Johnson read from the Comprehensive Plan that the focal point of a walking neighborhood is a park or a playground. A driving neighborhood is quite different, and this is a driving neighborhood. She doesn't believe the staff findings make sense. She is trying to ensure there is a buffer from Highway 55 and from the commercial property to the residential property. She said that one of the service/retail development location criteria is effective buffering and careful transition to uses of less intensity. She does not believe that evergreens or berms are effective transition in this situation. Motion was made by Councilmember Wold to adjourn the meeting at 10:30 p.m. Motion died for lack of a second. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to suspend the rules and continue the meeting until 11:00 p.m. Councilmember Preus said he will support the motion but does not intend to vote to extend the meeting beyond 11:00 p.m. because he believes that previous items on the agenda could have been handled in a more efficient manner. Motion carried: six ayes; Wold nay. Councilmember Johnson said that the commercial site will be visible to the Hailey home regardless of berming or trees. Hans Hagen, 941 Northeast Hilwind Road, represented Hans Hagen Homes. He showed the plan approved in 1991 which included fast food uses and a gas station across the street from the existing residences. He agreed that the pending site plan probably should not be used in the Council's guiding consideration. Mr. Hagen said that when asked by the City, he contributed 2,000 for a traffic study, and subsequently contributed an additional $10,000 for a more sophisticated traffic study. He did so in order to try to solve traffic problems for the residents. The study was a tool to go back to the County to see if they would open another access onto County Road 24. The County agreed to open an access so that traffic from Highway 55 could move into the center, northbound traffic on County Road 24 could move into the center, and eastbound traffic on Medina Road could turn onto County Road 24 to move into the center. Mr. Hagen said that if the property is reguided to something Regular Council Meeting May 7, 1997 Page 26 other than Commercial, then all of the traffic would go back on Medina Road unless the City paid the cost for the access to County Road 24. He believes that there is a good transition between commercial and residential created by the large open space. The central activity will be on the north one-half of the parcel. In response to a question by Mayor Tierney, he clarified that the existing streets have been deemed appropriate for either Commercial or Commercial Office guiding. If there is a reguiding, construction of any access to County Road 24 would be at the City's expense. Mayor Tierney said that she believes this issue hinges on the access to County Road 24 and who pays for it. She suggested that the item be tabled for further discussion in the future. Councilmember Johnson said that the single family residents moved in knowing that the abutting property was commercially guided, and many residents received a picture of what was proposed. However, the picture shown was not the Planned Unit Development approved in 1991. The picture shows retails and no fast food or gas station. She would have been more comfortable if residents had been provided the correct Planned Unit Development plan. The current plan proposes a 24-hour a day, 64,000 square foot grocery store. She believes residents have not been given adequate information, and she does not like various versions of plans being used. Mayor Tierney said that it appears it will take some time to address the issues relating to this item. She again suggested that a study session be scheduled. Councilmember Preus was opposed to a study session on this item. He said the situation is complicated because of the circumstances, but the Council's role is not difficult. The Council is to consider guiding only -- not site plans. He pointed out the items to be considered when looking at guiding, as referenced in the staff report. Councilmember Spigner asked whether there is a time limit within which the City must act on the pending site plan. Community Development Director Hurlburt said the site plan was submitted to the City in December. By mutual agreement, the deadline for the review period has been extended to the second meeting in July. Absent another extension by the property owner, the Planning Commission would need to conduct a public hearing in June. Regular Council Meeting May 7, 1997 Page 27 Linda Fisher, attorney representing Hans Hagen, asked if the Council intends to conclude the meeting at 11:00 p.m. If so, she does not feel there is sufficient time to discuss this item. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to postpone this issue until June 4. Councilmember Wold cautioned the Council that it will be a very lengthy meeting if the item is not postponed. Councilmember Johnson asked how the Council can be assured that the June 4 agenda will not be as full. Councilmember Bildsoe said this is an important issue for the landowner and neighboring residents. Everyone needs to be given an opportunity to speak on the issue whether it is considered tonight or postponed to another date. Councilmember Preus said that he won't insist that the meeting be adjourned by 11:00 p.m. His earlier point was that the Council meetings are too lengthy due to discussion of extraneous issues. Important issues are then addressed late in the evening. However, he does not support tabling this item to June 4 because it reduces the Council's options due to the pending site plan. Reluctantly, he will stay as long as necessary to complete this item. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to call the question. Motion carried, seven ayes. Motion failed; seven ayes. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to suspend the rules and to continue the meeting. Motion carried, seven ayes. Attorney Linda Fisher, 1500 Norwest Financial Center, represented Hans Hagen Homes. She said that the position of Hans Hagen Homes is to retain the commercial guiding for the entire site. They do not favor a blended guiding and believe that the facts in the record historically and currently support the appropriateness of a commercial land use. Ms. Fisher said a key characteristic of the site is that it is surrounded on three sides by major roadways -- Highway 55 (principal arterial), County Road 24 (minor arterial), and Medina Road (major collector). This is the type of location where commercial development is usually placed. The Transportation Plan works with the Land Use Guide Plan to determine the function of each roadway and Regular Council Meeting May 7, 1997 Page 28 whether the roadway can accommodate land development in accordance with the Transportation Plan and vice versa. Ms. Fisher said the basic roadway system in this area was built to accommodate commercial traffic from the Seven Ponds commercial site, as well as other existing and projected traffic through the year 2020. History is one factor for the Council to consider and the site has been designated commercial for over 20 years, going back to the first Plymouth Land Use Plan. The appropriateness of commercial land use for the Seven Ponds commercial site has been reaffirmed by many City staff, Planning Commissions, and City Councils. She said that the property owner, Hans Hagen Homes, did not reguide the site to commercial. Hans Hagen was told to develop in accordance with the previously adopted plan. In reliance on historical commercial guiding and direction from the City, Hans Hagen assembled land and put together a mixed use Planned Unit Development. A lot of thought was given to transition between the mixed uses. Transition was initially addressed when berms and landscaping were installed on the south side of Medina Road to provide transition to the residential area. She said that transition does not mean you cannot see anything from any perspective or that there would not be some type of proximity; it means development in a sensitive manner. She said there was substantial physical activity (County Road 24 and Medina Road) on Seven Ponds land dedicated to the City, a complicated land swap to give the City free right-of-way to implement the City's Transportation Plan for County Road 24, an agreement to assessments for public improvements, a development contract signed with the City, and investment made in reliance on the expectation of being able to develop in accordance with commercial land use on the site. The land use of single family and commercial/industrial came together before the City Council on September 16, 1991. The staff report disclosed general commercial uses and industrial uses consistent with the land use guiding and of a specific roadway configuration. Nothing has changed since that time, and development and roadway improvements have occurred consistent with that land use plan. The City made findings at the time of the appropriateness of the residential and commercial land use mix: "We find the Planned Unit Development Preliminary Plan/Plat Conditional Use Permit to present a positive relationship to the neighborhood in which it is proposed to be located; to the city's Comprehensive Plan; and to other provisions of the Zoning Ordinance." Relying on the historic commercial guiding, the developer worked on a development plan for a theater use on the site. There were concerns that this use more appropriately belonged in the City Center Regular Council Meeting May 7, 1997 Page 29 development and was more intense than what the neighborhood would like to see on this site. The developer could have proceeded with that plan, but did not because of the concerns expressed. He developed another plan which has been submitted to the City and is pending. Ms. Fisher said that the process for vacation of the old road alignments took two years and only recently did the County give clearance on the road construction. This has made it difficult for the developer to proceed more quickly with the commercial site. Ms. Fisher said that the site continues to meet the location criteria for Commercial guiding. The site is near arterial access points and adjoins other business or industrial areas. Based on how buffering has been applied throughout the City, there are multiple layers of buffering on this site. There is berm and landscaping on the south side of Medina Road. Medina Road is an appropriate transition between single family and higher intensity uses, as indicated in the Comprehensive Plan. There is other berming and landscaping along Medina Road. With the closure of access at Garland Lane, there is an opportunity to improve and enhance the transition. She said the developer has agreed to pay a fair share of the improvements assuming commercial use is retained. Ms. Fisher said that the pending Planned Unit Development amendment under the existing commercial guiding proposes office and daycare uses along Medina Road. The developer would work with the City to ensure that commercial uses are located as far to the north on the site as possible, and that the site plan meets all of the City's current ordinances. Ms. Fisher said that Plymouth's Comprehensive Plan encourages maintaining an overall balance among various types of land uses in the community, and the City's commercial land supply supports retaining the commercial guiding of the site. Only 4 percent of the City's land is devoted to commercial uses. This is less than comparable communities and national averages, and the available commercial land supply in Plymouth is shrinking at the same time that residential development is filling out. The portion of Plymouth that would be served by the Seven Ponds commercial site is under -served with respect to commercial services. The City's largest supply of commercial land is commercial office land. Reguiding all or part of the Seven Ponds Commercial site to commercial office would further reduce the City's smallest supply of commercially guided property and add to the category with the largest number of acres. There is no land in this part of the City to replace the loss of commercial property at the Seven Ponds Commercial site. Ms. Fisher said that guiding should consider the ability of infrastructure to accommodate a particular land use. Storm sewer, sanitary sewer and water facilities are adequate for commercial use and would be comparably impacted by the alternative guidings. The same is true for structural coverage per lot Regular Council Meeting May 7, 1997 Page 30 and impervious surface coverage. The traffic study showed that commercial land use could be accommodated on this site at acceptable levels of service with recommended improvements. That finding was in the Planning Commission record before the second traffic study was done. She said the developer funded the traffic study with no assurance that the Commercial guiding would be retained. There has been a lot of work done to provide a better transition and now concurrence has been received from the County for a full access at County Road 24, closure of access at Garland Lane, and the developer has agreed to pay a fair share of the improvements if the guiding is retained. This significantly reduces the traffic impact from Medina Road. She said it is impossible to address neighborhood concerns without getting into site plan issues. If the guiding is retained, the pending Planned Unit Development amendment would require a 5/7 vote for approval when considered in the future. There would be an opportunity for modification of the plan through discussions of the developer with the neighbors, staff, Planning Commission, and City Council. There will not be an opportunity to work on various issues of concern to the neighborhood, such as the location of loading docks, if the commercial guiding is changed because the developer would not proceed. Ms. Fisher said that residents had expressed concerns about the safety of children waiting for buses. The a.m. inbound peak trips are comparable with commercial use or with a reguiding. Also, Hans Hagen Homes has indicated a willingness to provide a larger bus waiting area along Medina Road as part of the Planned Unit Development amendment that is pending. She said that Commercial Office guiding allows takeout food establishments and gas stations with convenience food. Some of the same concerns expressed by neighbors could exist with Commercial or with Commercial Office guiding. Concerns were expressed that these uses could draw high school students to the site. There are two sites immediately south of the new high school that could develop with fast food and convenience uses that would be a more immediate draw for high school students. At the present time, the school district has also designated the new high school a closed campus. Ms. Fisher said that any non-residential use on this site would require lighting, and ordinance standards would apply equally to Commercial as to Commercial Office. There are numerous locations in the City where light fixtures are immediately adjacent to residential areas. She stated that signage is difficult to address without a site plan. The sign size could be larger with Commercial guiding, but the number of signs would be comparable to a Commercial Office designation. The City Code regulates nuisance from odors for all land uses, and the State air pollution standards must be met. The Regular Council Meeting May 7, 1997 Page 31 transition and distance requirements would eliminate odor problems. Issues related to trash and litter are operational matters and can be appropriately handled at the site plan stage. If the site were reguided, the City would have more limited authority except for uses that require a conditional use permit. Development under either Commercial or Commercial Office would require additional refuse haulers in the area. The City has performance standards for screening trash receptacles. As a general rule, commercial land use would not generate the same level or type of truck traffic as is found in an industrial park. Overnight truck parking is not expected and could be prohibited by conditions in the Planned Unit Development amendment. Snow removal would occur with any non-residential use. State noise standards would apply with either guiding. Ms. Fisher said that property values were raised as a concern at the Planning Commission hearing. There are many examples in Plymouth of expensive homes existing adjacent to non-residential development. Medina Road is intended to carry large amounts of residential and non-residential traffic, and traffic would not be traveling through the neighborhood. The problem of the large number of originally projected in -bound trips from Medina Road to the site would be solved with the supplemental traffic study, assuming that the developer will work with the City to construct the improvements. Ms. Fisher said that the 12 staff findings noted in the staff report support the appropriateness of Commercial guiding. She said the developer agrees with the staff finding that "a careful transition from the residential neighborhood to the commercial areas is important." However, they disagree that reguiding any portion of the site is necessary to achieve a land use transition. A transition doesn't mean that the property owner should be left with only one or two areas of commercial because the developer cannot efficiently develop and pay for roadway improvements needed to remove the Garland Lane access. The existing Planned Unit Development gives the City authority necessary to accomplish the transition. She said that the transition can be augmented and the pending site plan already proposes less intense land uses along Medina Road. Reguiding is not needed to achieve an appropriate transition. Councilmember Johnson said that one of the staff findings is "To serve as an acceptable transition, uses adjacent to the neighborhood should not be high traffic -generating or operate on a 24-hour per day basis." She said that the proposed grocery store would be high traffic -generating and a 24-hour per day operation. Ms. Fisher verified that there is a grocery store on the submitted Planned Unit Development plan, but it is not known whether it would be open 24 hours per Regular Council Meeting May 7, 1997 Page 32 day. The staff made the finding noted by Councilmember Johnson in order to support the 200 foot buffer strip along Medina Road. They found that Commercial land use is appropriate on the site where the grocery store is supposed to be located, but the 200 foot strip adjacent to Medina Road should not have high traffic generation or operate on a 24-hour day basis. The grocery store would be located a significant distance away from the residences. A daycare, automotive repair, and office are shown on the site plan in the 200 foot strip. Councilmember Preus asked if a Commercial Office use could operate on a 24-hour per day basis. Community Development Director Hurlburt responded that there is currently no restriction to a 24 hour per day office operation, but there is normally minimal overnight activity in Plymouth office buildings. David Slavik, 3325 Everest Court, said that it was stated earlier that the proposed grocery store would be located a significant distance away from the residences. However, it appears from the proposed site plan that it would be located as close as legally possible to the homes. Mr. Slavik said that he stopped at the Hans Hagen Seven Ponds model home and spoke with a salesperson who supplied him with literature on the development. A portion of the material reads "We have concluded our final arrangements for platting of the remaining Seven Ponds lots and have made arrangements for the City of Plymouth to install the utilities. We expect the plat to be recorded before the end of April." Mr. Slavik said that he was informed that the property across the road would be developed as commercial property, and in 1993 he was shown a document that said it was the official plat. He only recently learned of the approved planned unit development, dated May 30, 1991, for the site which was completely different than the plan he was previously shown. He said that he should have been provided with a copy of the approved planned unit development, rather than a plan unapproved by the City. Mr. Slavik said that property owners purchased their single family homes in good faith knowing there was commercial property across the road. However, they had no idea that a 64,000 square foot grocery store with a 24-hour per day operation would be proposed. Mr. Slavik said that he paid $42,000 for his lot, which was market value, over lots in other.communities. He said that Hans Hagen apologized to residents at the Planning Commission meeting but that doesn't resolve the issue. He believes that Commercial Office guiding would be fair to everyone involved. Regular Council Meeting May 7, 1997 Page 33 Councilmember Johnson said that if shortages of land supply are going to be considered by the Council, then Commercial Office guiding should be considered because it offers the opportunity to build senior housing. David Slavik said that Hans Hagen used a misleading, and possibly fraudulent, document to sell his property. The City of Plymouth or the residents did not create this situation -- the developer created the problem. Kelli Slavik, 3325 Everest Court, said that it is unfortunate that the staff report was not distributed until May 2 because residents had little time to investigate and respond to comments in the staff report. She believes that many of the statements in the staff report are false, and that the report is inadequate and unfairly biased. The staff used the developer's pending site plan when drafting the report and accommodations were made to align the staff recommendation to meet the desires of the developer. Ms. Slavik said the traffic study does not address weekend and holiday traffic, and the vast majority of the uses proposed for this site will be available in the City Center development. She said that senior housing is needed and this would be an option under the Commercial Office guiding. She expressed concern that a Commercial guiding will generate more traffic and a greater amount of refuse. She said that the traffic report indicates there would be 21,000 vehicles per day accessing the site under Commercial guiding. Under Commercial Office guiding, there would be 6,375 vehicles accessing the site. Councilmember Johnson said that Commercial guiding would also result in additional traffic on weekends and in the evening when more children are in the neighborhood. Ms. Slavik stated that one statement in the staff report is that office development on the site would be unlikely. She believes this is a matter of opinion and not based on fact. Ms. Slavik said that Medina Road is the only access for residents living on Garland Lane and Everest Court. She questioned whether Medina Road should have been designated a major collector and whether single family homes should have been built off of a major collector. The staff report indicates that the existing lights at the Moen- Leuer property are in compliance within City and State standards. However, lights from a grocery store and gas station canopies would compound the problem for residents. Ms. Slavik believes it would be more effective to reguide the property Commercial Office, rather than deal with issues at the site plan stage, as proposed by staff. She believes that the staff report comparisons of these single family properties to other locations in the City are invalid. She said Regular Council Meeting May 7, 1997 Page 34 that if the subject property remains Commercial, this will be the only single family development in the City that is directly adjacent to Commercial guided property. Ms. Slavik asked about the County Road 24 access and the status of Garland Lane. She said that there was a near -fatal traffic accident in February, 1997, at Highway 55 and County Road 24 and additional traffic should not be added to the intersection. She cited a fatal accident that occurred at the Brooklyn Park Cub Foods in February 1997 and said that adding a large-scale grocery store would lead to these types of accidents. She is concerned that adding a significant amount of traffic on County Road 24 will cause additional accidents. Ms. Slavik questioned why the developer waited 20 years to develop this property. She believes it is because property owners would not have built homes next to the proposed use had it already been in existence. Ms. Slavik feels she was misled by the City and by the developer, and she believes that the Council should consider the situation that currently exists and not the zoning that existed 20 years ago. Mayor Tierney called a five-minute break. Jerry Pietow, 3300 Garland Lane, supported the Planning Commission's recommendation for a reguiding to Commercial Office. He believes that the staff is biased toward the developer's proposal. Mr. Pietow said that when he bought his lot, he relied on the information provided by Hans Hagen Homes that the adjacent property would be low density. He said that residents are moving away from the area due to the Moen-Leuer development, and he expects that residential property values would be negatively impacted by this project. He believes that property owners will have problems selling their homes on Dunkirk Lane, Everest Court, and Garland Lane. Mr. Pietow said that seven of the 16 homes on Holly Lane have sold in the last two years and three of those have lost money. He showed pictures of the subject site and noted there is no berming. After repeated requests, erosion control fences have been installed. He expressed concerns about the safety of children and integrity of the neighborhood with the potential of 25,000 vehicles trips per day. He said the apology made by Hans Hagen at the Planning Commission meeting does not resolve the residents' concerns. Councilmember Johnson asked whether the Council is required to give a landowner their highest and best use of their property when considering guiding. She also asked if the Council were to reguide this parcel to Commercial Office or a combination guiding, whether it could be considered a taking. Regular Council Meeting May 7, 1997 Page 35 City Attorney Knutson responded "no" to both questions. Mark Capece, 3320 Garland Lane, urged the Council to support the Planning Commission recommendation to reguide the entire property to Commercial Office. He doesn't think the need for this type of property in this area has been demonstrated. Also, the new information received from the subsequent traffic study does not introduce materially new information that would change the Planning Commission recommendation. He said that the staff recommendation to reguide 200 feet is somewhat ambiguous and would not adequately address the concerns of the neighbors. Mr. Capece said that this is not a "walking neighborhood" and area residents do not want to walk to a grocery store or an auto service center. The City at -large may be short of commercial property, but it should be considered whether this is the suitable location. He said that the Garland Lane access closing would in no way address the traffic and safety concerns of the neighborhood because the traffic volumes would be significantly higher. He expressed safety concerns about children waiting for the bus. Councilmember Johnson noted that children ride the bus at various times throughout the day. Mr. Capece agreed that similar infrastructure improvements would be needed with Commercial or Commercial Office guiding; however, this does not address the concerns about traffic which would be significantly higher with Commercial guiding. He said the traffic signal at Medina Road and County Road 24 would be on a two -minute timing which will cause a backup of traffic in front of residences. Julie Johnson, 3345 Everest Court, said that she believes Hans Hagen intentionally misled the residential property owners. If property owners had know the truth, they would not have purchased their properties or would not have paid as much for them. She does not believe that Mr. Hagen should be rewarded for this action. Ms. Johnson said that Mr. Robbins will be addressing the Council. The residents feel badly for Mr. Robbins position. She said that Mr. Robbins was forced to sell part of his property for financial reasons. His remaining property did not fit with the major development plan, so he traded property. He subsequently swapped property again. She said he wanted to franchise an automotive center. In 1982 he purchased property which required him to wait 15 years to build. Ms. Johnson said that the neighborhood should not pay for Mr. Robbins' poor business decisions. She said that if Mr. Hagen's development proposal for a grocery store and fast food restaurants are approved, noise, debris, and odor problems will result. She is concerned about the safety of her children with the increased traffic. Regular Council Meeting May 7, 1997 Page 36 She said that a decrease of 14,000 vehicles per day under a Commercial Office guiding would be significant. The impacts of a 24-hour per day grocery store would make her home uninhabitable. She said that during winter, residents walk on Medina Road because snow is not removed from the sidewalks. Greg Katzimark, 3475 Holly Lane, said that the recent Moen Leuer development created a hardship on residents, the City, and on other developers because of a moratorium. He asked that the Council take the concerns of the residents into consideration. He believes that under the developer's proposal, residents will have late night traffic, trash, decreased property values, and other problems. He said there were five items in the original Moen Leuer development proposal that are still not complete. Bob Sipkins, 2621 Comstock Lane, said he lives approximately one mile south of the subject site. He finds it interesting that staff has used information about the needs of residents living within %2 mile and 1 mile of commercial sites in this area. In general, residents living within one mile of the subject parcel are unaware of this proposal and do not believe there is a need for this type of commercial development. He said that his property abuts Dunkirk Lane, and he is very concerned about the significant amount of traffic that will be added to Dunkirk Lane. He believes the traffic situation on County Road 24 will be very difficult, and motorists will find an alternate access. People will probably start using Dunkirk Lane in greater numbers than the traffic studies conclude. The traffic study indicates that only 3 percent of the 20,000 trips per day will be using Dunkirk Lane. If this property is not reguided, he believes Dunkirk Lane will be irreparably changed due to excessive traffic. He said that impacts will occur on Dunkirk Lane southerly to County Road 6. Councilmember Johnson asked if staff would recommend the combination reguiding proposal she earlier submitted. Community Development Director Hurlburt said that staff would not change its recommendation at this point. Scott Ford, 3270 Garland Lane, urged the Council to change the guiding to Commercial Office. He said there are 25 children currently living on the two cul-de-sacs immediately across the street from the proposed development. He clarified that traffic is not the residents' main concern -- it is safety. Mr. Ford said that some of the safety concerns are misrepresented and/or ignored in the staff report. One major concern about safety is the bus stop. The developer has indicated a willingness to make a larger bus waiting area; however children would have to cross a four -lane busy street to wait for a bus. He said that the sidewalks are heavily used in the area. The larger the development, Regular Council Meeting May 7, 1997 Page 37 the more safety problems for the neighborhood will be created. Mr. Ford said that the staff report mentions crime; however, the residents' argument is not that gas stations and fast food restaurants would cause crime. He said that a reguiding to Commercial Office would alleviate many of the residents' concerns about crime. The concern is not with a specific business use, but with the size and scope of the development. The most recent plan has 800 parking spaces; the original plan had 80 parking spaces. He said that residents' greatest concern is fear of strangers passing through their neighborhood seven days a week, 24 -hours a day and this has never been addressed. Dan Robbins, 2585 Brockton Lane, said he never intended to obtain a franchise on his property, and the land swap story stated by a previous speaker was inaccurate. Councilmember Johnson asked if Mr. Robbins had invited the neighbors to a meeting to disseminate information to them. Mr. Robbins responded that he did not host a meeting, and he was informed that he was not welcome at neighborhood meetings. He owns property at the southeast corner of Highway 55 and County Road 24. When he purchased the property, he checked with the City on where an automotive use could be placed. This was one of the few sites available for this use. He could not build immediately because there was no water or sewer available to the property. In 1989, the City wanted to reguide a portion of his property. The City indicated that if Mr. Robbins agreed to the reguiding, he would still be able to develop an automotive use as proposed on his property. Mr. Robbins agreed to the reguiding proposal. He later agreed to give the County property for right-of-way in order to construct County Road 24 and paid special assessments for the improvements. If the guiding is changed, an automotive use would no longer be possible in this location and the economic consequences to his family would be devastating. Mr. Robbins said that he was honest about what he intended to do with the property 18 years ago and has cooperated along the way. He asked that the guiding remain Commercial and said this is justified for the reasons noted in the staff report. Councilmember Johnson said that she is not opposed to what Mr. Robbins is trying to do. Her primary concern is the proposed 64,000 square foot grocery store. Mayor Tierney asked about the 300 foot setback that applies from loading docks to residential district boundaries. Regular Council Meeting May 7, 1997 Page 38 Community Development Director Hurlburt explained that there must be 300 feet of separation plus screening from loading areas to residential zoning district boundaries, unless there is an intervening building. The setback also applies to drive-through uses. Councilmember Preus asked about the change in the County's position with respect to the intersection at County Road 24. Community Development Director Hurlburt said that the County initially expressed reservations about the access at County Road 24, and they wanted the Garland Lane access to remain open. Following discussions with City staff and review of the traffic study, the County indicated that the Garland Lane entrance was no longer needed as long as there is another viable second entrance (Dunkirk Lane) to the property. City Manager Johnson said that the County has cautioned that the timing of the traffic signal for vehicles coming out of the area onto County Road 24 could be 130 seconds. There could be complaints relating to the length of the signal; however, the majority of the vehicles would be turning right. Councilmember Preus said that he believes an appropriate density for the property would be very different based on whether there is a County Road 24 access. He asked if the Council will have discretion in considering this fact when acting on a future development plan. Community Development Director Hurlburt responded that if the traffic conditions change, the traffic study would need to be amended. This would influence the consideration of a development proposal for the parcel. Councilmember Preus asked if the Council would have some discretion with respect to issues such as density and hours of operation when considering a development proposal for the site in the future. Community Development Director Hurlburt said that these issues are subject to negotiation under a Planned Unit Development. Even without a Planned Unit Development, there are some restrictions in the City's ordinance relating to issues such as hours of operation for particular uses. She said it would depend on the type of proposed use and what could be negotiated with the property owner. Councilmember Preus asked if any traffic studies were done in 1991 which indicated the type of use expected in the future. Regular Council Meeting May 7, 1997 Page 39 Public Works Director Moore said there were no specific traffic studies based on proposed uses for the property. The City's Transportation Plan would have considered traffic generated from the Commercial guiding of the area, which was one factor considered in the design of Dunkirk Lane, Medina Road, and County Road 24. In response to a question by Councilmember Preus, Attorney Knutson said the City must demonstrate a rational basis for the guiding decision. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt a resolution approving land use guide plan amendment for property located northeast of the intersection of County Road 24 and Medina Road (96181), reguiding the property from Commercial to Commercial Office, as recommended by the Planning Commission. Councilmember Wold said he supports this alternative because the Planning Commission did a good job, and the appropriate use of the property should be considered. He said that previous City Councils left this Council with a situation of industrial/commercial zoning across the street from residential property. This is an opportunity for the problem to be fixed. Councilmember Johnson said that she views safety as a rationale basis for changing this guiding to Commercial Office. Traffic studies show that Commercial guiding would result in about 13,000 more trips per day than Commercial Office guiding. The adjacent residents on cul-de-sacs have no other access to their properties. She said the intersection at County Road 24 will help the traffic situation. However, she was initially told that there could be no access on County Road 24 and that has since changed. Even with that access, she does not believe that over 20,000 trips per day can be justified. She said the developer could have created a larger buffer, rather than constructing single family homes on the adjacent cul-de-sacs. She said that when people speculatively purchase land, there is no guarantee that the land use will remain exactly the way they want. She encouraged the Council not to make a decision that would compound the problem. Councilmember Black said that the closing of the Garland Lane access would move traffic to County Road 24 and away from the residents who would be leaving their cul-de-sacs to enter Medina Road. She said the additional 13,000 trips would be on County Road 24 and not on Medina Road. Councilmember Johnson said that with the County Road 24 traffic lights timed at 130 seconds, drivers will drive to Medina Road to avoid traffic stacks. Regular Council Meeting May 7, 1997 Page 40 Councilmember Black said that she has at least two similar areas of large commercial development with surrounding residential property in her ward and there have been no problems. The only complaint she has received related to the proposed TCF drive-through facility at the Target store. She believes that the history of this site has some standing because there have been substantial easements granted and assessments paid by the property owners. The traffic study indicates that a large part of the previous traffic problem would be relieved. This property has been zoned Commercial for 20 years and it should be no surprise to the abutting residents. Councilmember Johnson said that the abutting residents knew the property was guided Commercial but were told that something very different was proposed. She believes that the Council needs to be proactive and consider what is best for the site. She believes it was poor planning to have homes on cul-de-sacs off of Medina Road, and the problem should not be compounded. Councilmember Preus asked if the approximate 20,000 trips per day is based on the Commercial guiding. Public Works Director Moore explained that the number of trips indicated in the traffic study was based on the type of uses in the approved Planned Unit Development plan. It is not based on the pending site plan, but the effects would be very similar. He said that about 65 percent of the traffic to this site will be from Highway 55 regardless of the use. Councilmember Preus said that he concurs with Mr. Sipkins that the amount of the traffic on Dunkirk Lane will be more than 3 percent. Councilmember Preus said that the Council clearly has a rationale basis for reguiding, but that does not mean it is the best action. He believes that the primary question is whether this site should be guided Commercial. If so, then all issues and concerns would be addressed when a proposal is submitted. He does not believe that reguiding is the way to resolve the details. He said that additional Commercial Office guided property is not needed in the City. The City is short of Commercial guided property. He intends to pay a lot of attention to the concerns of residents, particularly with regard to safety, when a proposal is considered in the future. Mayor Tierney asked if it is assured that Garland Lane will be closed and access on County Road 24 will be provided. Regular Council Meeting May 7, 1997 Page 41 Community Development Director Hurlburt responded that the developer has indicated he is not interested in providing a complete access on County Road 24 unless the Commercial guiding is retained. Without an access on County Road 24, the Garland Lane access would be needed. Mayor Tierney said that she does not believe it is appropriate to have Garland Lane open under either guiding. She said this property has been guided Commercial for 20 years. It is bounded on three sides by a state highway, a county road, and a major collector, and it has a major use beyond the walking/driving neighborhood. However, it also abuts single family residences. She does not believe that more Commercial Office guided property is needed in the City. She would consider approval of a Land.Use Guide Plan Amendment from Commercial to Commercial Office for the first 200 feet north of Medina Road from the eastern boundary of the site westward to the alignment with Garland Lane. She believes this would be appropriate for adequate transition. Motion was made by Councilmember Wold, seconded by Councilmember Black, to call the question. Motion failed: Wold aye; six nays. Councilmember Bildsoe said that the City lacks Commercial land supply; however, this site does not work for intense commercial use. He believes that whatever is constructed on the site will be a problem for the abutting residents. He will support the Commercial Office guiding because it offers less intense development options than under a Commercial guiding. Councilmember Johnson asked if Councilmember Preus would support a split guiding of Commercial and Commercial Office. Councilmember Preus said that he believes the Council can do the most to satisfy the concerns of the residents by retaining the Commercial guiding and using the City's broad discretion through the Planned Unit Development process. While he supports retaining the Commercial guiding, that does not mean he supports the density. He believes that the transition is the most important issue to consider. A split guiding may be able to address some resident concerns, but he is not convinced it could do so better than the Planned Unit Development process. He does not want to see loading docks adjacent to the residents' homes or 24-hour businesses on the site, but those are details that could be worked out if the Commercial guiding and Planned Unit Development is retained. He believes that the City would lose discretion and flexibility if the property is reguided to Commercial Office. Regular Council Meeting May 7, 1997 Page 42 Councilmember Johnson cited the effects of the nearby Moen Leuer development and said she is concerned about a 24-hour per day grocery store on this site. She asked what tools would be available to address the residents' concerns if the guiding remains Commercial. Councilmember Black explained that residents did not want multi -family development on the Moen Leuer site. When a proposal for industrial development was submitted, the Council had few choices since residential zoning had already been denied. It could have possibly been considered a taking" if industrial and residential zoning were denied. Mayor Tierney said that the full access on County Road 24 will have.a positive impact in the area. Councilmember Spigner said that she believes Commercial guiding is workable on this site. She consistently voted against the Moen Leuer development while on the Planning Commission, but does not have similar concerns about this development. She said that the Sugar Hills development abuts the City Center property, and she does not believe that is a mistake. She does not believe there is rationale for a major change in guiding. Councilmember Johnson said that Sugar Hills has access from 30h Avenue and doesn't depend on a direct access from a major collector. The Sugar Hills residents purchased their homes after Cub grocery store was in place. She said that the City's shortage of Commercial property is not sufficient reason to retain the Commercial guiding. Councilmember Spigner said there are not always the best solutions to every problem, but there are good solutions. She said that residents on the cul-de- sacs off of Northwest Blvd. have a difficult time gaining access to Northwest Blvd. Northwest Blvd. has the same level of traffic volume as estimated in this location. City Manager Johnson said that five votes would be required for reguiding approval. Motion failed: Johnson, Bildsoe, Wold ayes; Preus, Spigner, Black, and Tierney nays. Motion was made by Mayor Tierney to approve a Land Use Guide Plan Amendment from Commercial to Commercial Office for the first 200 feet north of Medina Road from the eastern boundary of the site westward to the alignment with Garland Lane. Motion died for lack of a second. Regular Council Meeting May 7, 1997 Page 43 Motion was made by Councilmember Johnson, seconded by Councilmember Johnson, to adopt the alternative Land Use Guide Plan Amendment split guiding, proposed by Councilmember Johnson. Motion failed: Johnson, Bildsoe, and Wold ayes; Preus, Spigner, Black, and Tierney nays. Item 8-C (6-A) Approve Minutes Councilmember Bildsoe made a correction to the April 16 City Council minutes. He had abstained from voting on Item 6-1313. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to approve the April 2 minutes as presented and the April 16 minutes with the correction on the vote for Item 6-1313. Motion carried, seven ayes; except Councilmember Preus abstained on the April 2 minutes. Item 8-D (6-D) 36' Avenue and Vicksburg Lane Traffic Signal Warrant Study Councilmember Bildsoe said there have been a number of accidents at 36`h Avenue and Vicksburg Lane. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to direct the City Engineer to undertake a Traffic Signal Warrant Study to determine the need for a traffic signal at the intersection of 36`h Avenue and Vicksburg Lane. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to amend the agenda to next address Items 9-13 and 9-E. Motion carried, seven ayes. Item 9-B Change Regular Council Meeting from May 21 to May 28 City Manager Johnson said he has been advised that at least three members of the Council will be absent for the May 21 regular Council meeting. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to change the date of the next Regular City Council meeting from May 21 to May 28. Motion carried, six ayes; Black abstained. Motion was made by Councilmember Johnson, seconded by Councilmember Preus, to adopt RESOLUTION 97-281 AMENDING RESOLUTION CALLING FOR HEARING ON IMPROVEMENTS, VICKSBURG LANE RECONSTRUCTION PROJECT, CITY PROJECT NO. 7010. Motion carried, seven ayes. Regular Council Meeting May 7, 1997 Page 44 Item 9-E Set Special Meeting with School District 284 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to set a Special Council Meeting for June 16 to conduct a meeting with School District 284 officials to discuss issues of mutual interest. Motion carried, six ayes; Wold nay. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adjourn the meeting at 1:45 a.m. Motion carried, seven ayes. r L urie Ahrens City Clerk