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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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