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HomeMy WebLinkAboutCity Council Minutes 06-04-1997MINUTES REGULAR COUNCIL MEETING JUNE 4,1997 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers, 3400 Plymouth Blvd., on June 4, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Preus, Spigner, Black, Bildsoe, Wold, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, City Engineer Faulkner, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance and Information Technology Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens Item 3 Plymouth Forum No one appeared for the Forum. Item 4-A Presentation by Plymouth Civic League on Music in Plymouth Barbara Willis, President of the Plymouth Civic League, described the 25`'' Music in Plymouth on July 2. This will be the 25`'' year that a concert of the Minnesota Orchestra will be presented free to Plymouth residents. Sandy Adolphson, Chairperson of Music in Plymouth, described the proposed entertainment. Mele Willis announced the Music in Plymouth Fun Run/Walk scheduled for June 28. Item 4-13 DARE Program Public Safety Director Gerdes announced the upcoming DARE Program recognition. Officer Susan Gottwald described this year's DARE efforts and said that the DARE program has been provided in Plymouth schools for eight years. This year the program was expanded to include a follow-up GREAT Gang Resistance Education and Training) Program for middle school students. Item 4-C Canine Graduation Public Safety Director Gerdes announced that Officer Kevin Pregler and canine Dallas graduated through the canine program last week. Item 5 Approve Agenda Mayor Tierney requested addition of an update on the ice arena and LifeTime Fitness projects. Councilmember Preus requested addition of a May 13 letter from Robert Sipkins. Motion was made by Preus, seconded by Spigner, to approve the agenda with the two additions noted. Motion carried, seven ayes. Regular Council Meeting June 4, 1997 Page 2 Item 6 Consent Agenda Items 6-13, 6-C, 6-K, and 6-0-1 were removed from the Consent Agenda. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt the consent agenda as amended. Motion carried, seven ayes. Item 6-A Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-320 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 23,1997. Motion carried, seven ayes.. Item 6-D Establish Special City Council Meeting with School District 281 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to establish June 18, 1997 at 5:30 p.m. in the Public Safety Training Room as a Special City Council Meeting for the purpose of meeting with Robbinsdale District 281 School Board and staff. Motion carried, seven ayes. Item 6-E North Country Properties Preliminary Plat (97023) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-321 APPROVING PRELIMINARY PLAT FOR NORTH COUNTRY PROPERTIES FOR NORTH COUNTRY ESTATES LOCATED SOUTH OF SOUTH SHORE DRIVE, EAST OF THE CITY OF MEDICINE LAKE, AND WEST OF BASSETT CREEK (97023). Motion carried, seven ayes. Item 6-F Reduction in Required Financial Guarantee Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-322 REDUCING DEVELOPMENT BOND, SWAN LAKE SOUTH ADDITION (92112). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-323 REDUCING REQUIRED FINANCIAL GUARANTEE, FORSTER PRESERVE PLAT 2 (94057). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-324 REDUCING REQUIRED FINANCIAL GUARANTEE, JARNES ADDITION (95129). Motion carried, seven ayes. Regular Council Meeting June 4, 1997 Page 3 Item 6-G Town and Country Caterers, Inc. Zoning Ordinance Text Amendment 97032) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt ORDINANCE 97-10 AN ORDINANCE AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE TO ALLOW "SPECIAL EVENT AND CATERING RESTAURANTS" IN THE O -R (OFFICE/RESIDENTIAL) DISTRICT (97032). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-325 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21005 AND 21450 OF THE PLYMOUTH CITY CODE (DEFINITIONS AND O -R ZONING DISTRICT RESPECTIVELY) (97032). Motion carried, seven ayes. Item 6-H Janco, Inc. Rezoning for "Conor Meadows Plat Two' (96150) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt ORDINANCE 97-11 AN ORDINANCE AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF THE SOO LINE RAILWAY AND EAST OF PEONY LANE. (96150). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-326 APPROVING FINDINGS OF FACT FOR REZONING OF LAND LOCATED NORTH OF THE SOO LINE RAILWAY AND EAST OF PEONY LANE (96150). Motion carried, seven ayes. Item 6-I Kenneth R. Streeter Companies. Preliminary Plat and Final Plat for Plymouth Hills Vh Addition" (97027-F) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-327 APPROVING PRELIMINARY PLAT AND FINAL PLAT FOR KENNETH R. STREETER COMPANIES FOR "PLYMOUTH HILLS 7TH ADDITION" LOCATED SOUTH OF 34TH AVENUE AND WEST OF PLYMOUTH BOULEVARD (97027). Motion carried, seven ayes. Item 64 Purchase of one New Current Model Sweeper/Scrubber Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-328 APPROVAL OF ONE NEW CURRENT MODEL FLOOR SWEEPER/SCRUBBER. Motion carried, seven ayes. Regular Council Meeting June 4, 1997 Page 4 Item 6-L Set Hearing on Housing Improvement Area for Shenandoah Townhomes Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-329 RESOLUTION ESTABLISHING JUNE 18,1997 AS THE DATE FOR A PUBLIC HEARING TO ADOPT AN ORDINANCE TO ESTABLISH A HOUSING IMPROVEMENT AREA FOR THE PURPOSE OF FACILITATING THE RE -SIDING AND RELATED IMPROVEMENTS FOR THE HOMES IN THE SHENANDOAH FIRST AND SECOND ADDITIONS UNDER MINNESOTA STATUTES 428A. Motion carried, seven ayes. Item 6-M Elm Creek Playfield Transfer of Funds, Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-330 AUTHORIZING TRANSFER OF FUNDS FROM THE COMMUNITY IMPROVEMENT FUND TO THE ELM CREEK PLAYFIELD CONSTRUCTION FUND. Motion carried, seven ayes. Item 6-N Wetland Mitigation Plan, West Glen Corporate Center (97012) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-331 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR WEST GLEN CORPORATE CENTER (97012), SW '/a SE 1/a Section 17, T118N, R22W. Motion carried, seven ayes. Item 6-0-2 Wetland Act Exemption — North Country Estates (97023) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-332 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1997 WETLAND ACT, CITY OF PLYMOUTH, NORTH COUNTRY ESTATES (97023), SW SW Sec. 25, T118N, R22W. Motion carried, seven ayes. Item 6-P-1 Set Hearing on Vacation, Parkers Lake Corporate Center 3'd Addition Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-333 ORDERING PUBLIC HEARING ON THE VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOT 1, BLOCK 1 PARKERS LAKE CORPORATE CENTER 7TH ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-334 ORDERING PUBLIC HEARING ON THE VACATION OF DRAINAGE AND UTILITY EASEMENTS, OUTLOT B, BLOCK 1 PARKERS LAKE CORPORATE CENTER 3'D ADDITION. Motion carried, seven ayes. Regular Council Meeting June 4, 1997 Page 5 Item 6-P-2 Order Hearing on Vacation of 18' Avenue Street Right -of -Way Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-335 ORDERING PUBLIC HEARING ON THE VACATION OF A PORTION OF 18TH AVENUE WEST MEDICINE LAKE PARK RECONSTRUCTION, CITY PROJECT NO. 3030. Motion carried, seven ayes. Item 6-Q Town Center/Mann Theater Preliminary Engineering Report Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-336 RECEIVING PRELIMINARY ENGINEERING REPORT AND CALLING FOR HEARING ON IMPROVEMENTS, TOWN CENTER/MANN THEATER STORM DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 7011. Motion carried, seven ayes. Item 6-11 Ridgemount Avenue Improvements, City Project No. 7004 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-337 APPROVING PLANS, RIDGEMOUNT AVENUE VINEWOOD LANE TO COUNTY ROAD 73, CITY PROJECT NO. 7004. Motion carried, seven ayes. Item 7-A Vacation of 35" Avenue and Drainage and Utility Easements Public Works Director Moore presented the staff report on the proposed vacation of 35`h Avenue and drainage and utility easements west of 34t' Avenue in Plymouth Hills Addition. Mayor Tierney opened the public hearing at 7:25 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 97-338 AUTHORIZING THE 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, and RESOLUTION 97-339 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOT 2, BLOCK 1, PLYOUTH HILLS 6TH ADDITION. Motion carried, seven ayes. Item 7-B Hearing on Vicksburg Lane Reconstruction, Project 7010 Public Works Director Moore described the proposed project for reconstruction of Vicksburg Lane from Highway 55 to Gleason Lake Road. Only properties with direct driveway access onto Vicksburg Lane are proposed to be assessed for the improvements. Staff recommends that there is a need to move forward with the project due to the deteriorating condition of Regular Council Meeting June 4, 1997 Page 6 the roadway. Six votes are needed for approval of the project because it was not petitioned for by the affected property owners. Councilmember Bildsoe asked about the proposed time frame of the project. Public Works Director Moore responded that construction could begin in late July, with completion scheduled for September. The work would be coordinated with the affected school. Councilmember Johnson said that a letter was received from Tom Burr, Transportation Supervisor for School District 284, requesting a crosswalk and warning signs for children crossing Vicksburg Lane. She asked if this could be installed at any time or would need to be done as part of the reconstruction project. Public Works Director Moore stated that staff is reviewing the request. The School District will be requested to provide the attendance area walking plan to determine the appropriate location for a crosswalk. Mayor Tierney opened the public hearing at 7:30 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-340 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, VICKSBURG LANE STREET RECONSTRUCTION, CITY PROJECT NO. 7010. Motion carried, seven ayes. Item 8-a (6-01) Wetland Conservation Exemption for Mann Theater Project Dave Goldstein, 2710 Hemlock Lane North, asked how much wetland area will be lost for construction of the Mann Theater Project, why there is a need to destroy the wetlands, and how it will affect the environment. Public Works Director Moore said these wetlands are at the southern edge of the property at Highway 55 and Vicksburg Lane. The wetland was artificially created in 1980-81 when grading of a berm blocked the flow of water. This is classified by definition as an incidental wetland and is exempt under the law, but Council action is needed in order to declare it exempt. No impact on the environment is anticipated. Regular Council Meeting June 4, 1997 Page 7 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-341 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991 WETLAND ACT, CITY OF PLYMOUTH, MANN THEATER PROJECT SITE, NW NW Sec. 21, T118N, R22W. Motion carried, seven ayes. Item 8-A Moen Leuer Construction, West Glen Corporate Center (97012) Community Development Director Hurlburt stated the Planning Commission has recommended approval of several actions for West Glen Corporate Center located north of Highway 55, east of Rockford Road, and south of 36`' Avenue North. Rezoning of the property from FRD (Future Restricted Development) to B -C (Business Campus) is recommended, along with a preliminary plat, site plan, and conditional use permit. The proposed conditional use permit would allow up to 25 percent of the total building area for assembly, manufacturing and warehousing/indoor storage as accessory uses to the permitted uses in the B -C District. A proposed motion is also recommended to direct staff to include a trail or sidewalk on 36"' Avenue between Vicksburg Lane and Rockford Road in the City's trail plan and Capital Improvement Plan the next time those documents are updated. All actions require a simple majority vote for approval, with the exception of the rezoning which requires a 5/7 vote. Director Hurlburt said that the issue of traffic on 36 h Avenue received considerable discussion at the Planning Commission meeting. The only legal access to this site is at Zanzibar Lane and 36' Avenue. The site fronts on Highway 55 and is landlocked with the exception of an access at 36" Avenue. A traffic study was requested by the Planning Commission and prepared at the expense of the applicant. The study considered traffic volumes, sight lines, and safety of the intersection, as well as other possible accesses to the property. The Council has recently approved an all -way stop at Zanzibar Lane and 36`' Avenue. An additional recommendation is to include a trail along 36`' Avenue. This street is functioning as a collector street and it would be appropriate to plan a trail. The traffic study determined that it may be possible in the future to extend an access from Vicksburg Lane through the undeveloped property to the east to access this site. This option is preserved for the future but it would not eliminate the 36' Avenue and Zanzibar Lane access to the site. The traffic study found that the anticipated volumes can be easily accommodated on 36`h Avenue. Director Hurlburt said the conditional use permit also received discussion at the Planning Commission meeting. The Business Campus District is designed for offices, laboratories, and high -finished industrial buildings that do not have a lot of manufacturing and warehouse use, which is generally more compatible with abutting residential areas. Manufacturing and warehouse Regular Council Meeting June 4, 1997 Page 8 uses are restricted to an accessory use in the B -C District. However, the Zoning Ordinance does not define what percentage of use would be considered accessory. The applicant originally requested up to half of the building to be used for accessory storage and warehouse space, and staff recommended against the original request. Staff believes that a maximum split of 2/3 principal use to 1/3 accessory use would be appropriate. The Planning Commission felt that a maximum of 25 percent accessory use would be appropriate. The applicant has indicated that a 25 percent accessory use will not work for the project and has requested up to 40 percent accessory use. Mayor Tierney asked about the type of traffic expected. Community Development Director Hurlburt said the average daily trips indicated in the traffic study are mostly cars. Without a distribution use, most of the traffic will be vans or small trucks and not semi trucks. Councilmember Spigner said that she is concerned that there is only one access to the site which is through a residential area. She asked why this would be an appropriate plan. Community Development Director Hurlburt said that this proposal eliminates most of the warehouse use which is part of the project constructed on the south side of Highway 55 by the same developer. This site is a different zoning district and has a different character of use. Councilmember Spigner said that this developer has not complied with all requirements of the conditional use permit on the previous development, and she is concerned that the City has had difficulty enforcing the conditions with respect to trash storage. Community Development Director Hurlburt said that the merits of this project should be considered, but the Council can also consider a developer's track record. This approval would include conditions that trash storage be inside of the buildings. Councilmember Black also expressed concern that conditions relating to the approval of the Moen Leuer buildings on the south side of Highway 55 were not carried through. She has concerns that the developer cannot be relied on to comply, as well as concerns about the City's ability to enforce conditions placed on approvals. Community Development Director Hurlburt updated the Council on the status of the prior Moen Leuer project and issues of landscaping and trash storage. As of today, the only unmet condition is open trash storage containers at Buildings 2 and 3. Moen Leuer has submitted an application to request that Regular Council Meeting June 4, 1997 Page 9 the trash storage condition be amended. The Planning Commission has recommended against this request, and staff has stayed enforcement until the Council process is completed. All landscaping has been completed on the site. Councilmember Spigner asked how many vehicles are anticipated on 36' Avenue and whether industrial traffic was anticipated when 36`h Avenue was designed. Director Hurlburt explained that the proposed development could generate up to 2,000 - 2,400 daily trips. She said that 36`h Avenue was designed to a standard to handle non-residential traffic. It is a collector street and the anticipated traffic is well within the capacity of the street. The street was designed to provide access to the Sugar Hills residential development to the north and the area guided Commercial -Office to the south between Rockford Road and Vicksburg Lane. Due to the large amount of wetlands on this development site, the only available access is at 36`h Avenue. In response to a question from Councilmember Johnson, Director Hurlburt explained that there are about 1,200 existing average daily trips. The additional 2,000 trips to the site will come from two directions -- 800 from one direction and 1,200 from the other direction. It is anticipated that at any one point on the road there would be 2,000 or 2,400 total trips. Councilmember Johnson said that Building One faces Highway 55. Until Building Two is constructed, the loading area of Building One will be visible to the adjacent residences. Community Development Director Hurlburt said the construction schedule for the individual buildings is not in the approvals to be considered. The elevation of the building site will be lower than the residences and there is a fair distance to mitigate the impacts. The Zoning Ordinance distance requirements from loading docks to residences are met. Councilmember Bildsoe asked what impact a change in the percentage of accessory uses would have on traffic and whether the entire percentage accessory use could be allocated to one tenant. Community Development Director Hurlburt said that in theory the entire percentage of accessory use could go to one tenant. However, distribution is not a permitted use in this district, so a business that meets the Zoning Ordinance definition of a distribution use would not be allowed. She said that an increase in the amount of accessory uses of manufacturing and distribution would result in less overall traffic than office uses; however, it would bring more large truck traffic. Regular Council Meeting June 4, 1997 Page 10 Councilmember Johnson asked if approving a maximum percentage for accessory use would set a precedent for future requests. Director Hurlburt said it would set no legal precedent but it would be considered as a practical matter when reviewing future requests. This is the first project considered under the new Business Campus zoning, therefore no similar projects have been reviewed under the same standards. Jackie Brenner, 3665 Black Oaks Lane North, said that she was told this site use would be no greater intensity than office use when purchasing her condominium a year ago. She is concerned about truck traffic, particularly as 36`h Avenue is the only access to her property, and questioned whether trucks will be able to turn the corner at 36"' Avenue to enter the site. She supports the proposed sidewalk. She questioned whether the City can enforce a 25 percent accessory use limit on the project and said the neighborhood is concerned about safety and the investment in their properties. John Wirig, 3635 Zanzibar Lane, said that an increase of 2,000 vehicles per day is substantial. He suggested the use of a frontage road to parallel the main highway, rather than the use of a sole access from 36`'' Avenue. He said that good planning practices include separation of land uses, and he suggested that further planning research be done. Donald Butler, 3640 Black Oaks Lane, said that due to safety issues, the townhome association is opposed to a manufacturing or heavier commercial use on the site. Mr. Butler said that the townhome association would not object to the proposed use and conditional use permit if there was a secondary access to the site. He requested that the conditional use permit be deferred for consideration until there is an additional access to the property. Elizabeth Wirig, 3635 Zanzibar Lane, said that when considering purchase of a home in this area, they were informed that the abutting zoning was office/residential. She spoke to City Hall staff on a number of occasions to confirm this. She is disappointed that residents were unaware that discussions had occurred between the developer and the City for about two years prior to this application because this would have been a major factor in considering whether to purchase a home. Ms. Wirig said that from her home on Zanzibar Lane there is a direct view of the site. She is very concerned about whether Mr. Moen will adhere to the 25 percent limitation, as well as the impact of truck traffic and noise. She questioned how trucks will turn into the site at 36`'' Avenue and Zanzibar Lane. Ms. Wirig requested that the Council not approve the requested conditional use permit, but rather consider development of the entire area bounded by County Road 9, Highway 55, Vicksburg Lane, Regular Council Meeting June 4, 1997 Page 11 and 36`'' Avenue. This would result in a plan more favorable to the existing neighborhood. Director Hurlburt responded to the issues raised by residents. She said the City's Comprehensive Plan has guided the area south of 36`'' Avenue, north of Highway 55, between Vicksburg Lane and Rockford Road, for office uses for a long time. The new Zoning Ordinance has two office guidings -- Business Campus and Office Residential. The applicant has requested a Business Campus zoning. She said it is difficult to consider the development of the entire area at one time. The City owns a portion of this area which is largely wetlands, and a homeowner association also owns a portion of the site. The remaining parcels have two separate ownerships. While the City would like to see coordination of the planning effort, the developers cannot be required to jointly submit development plans for their property. The City can consider the natural characteristics of the area, and the transition between the residential property and other uses is 36th Avenue. The wetlands between the developable portion of the subject site and Rockford Road make it impossible to provide an access to the site from Rockford Road or to construct a frontage road. Until the Harstad property to the east submits a development plan, it is difficult to consider establishment of an intersection and access from Vicksburg Lane. The traffic study indicated that if the Harstad property would develop for retail uses, it could have a very negative impact on the Highway 55/Vicksburg Lane intersection and 35"' AvenueNicksburg Lane intersection. She said that the possibility of a future access to the subject parcel from Vicksburg Lane has been retained. Councilmember Johnson asked if a frontage road from Vicksburg Lane could be considered and whether a direct access from Highway 55 has been pursued with the Minnesota Department of Transportation. Community Development Director Hurlburt responded that there are only two locations to access a frontage road from Vicksburg Lane -- V, Avenue or the extension of 35`'' Avenue. It would be too unsafe to construct an access closer to Highway 55. Director Hurlburt said that a direct access from Highway 55 to serve the site would be in violation of the City's Transportation Plan, the Minnesota Department of Transportation's policies, and the Metropolitan Council's regional policies. Staff believes that a direct access from Highway 55 would be unsafe. There is a need to preserve the function of Highway 55 which is to move traffic. Councilmember Black asked how staff would enforce the maximum percentage accessory uses. Director Hurlburt responded that staff would issue a building permit for every improvement in the building. Whenever a building permit for a tenant finish Regular Council Meeting June 4, 1997 Page 12 is requested, it would be measured against the percentage standard. If the percentage exceeded the maximum, the building permit would be denied. She said that the maximum percent would be eligible against the entire project. Councilmember Preus said that it could be possible that the entire 25 percent allocation could be requested in one building. Director Hurlburt said this is possible, but the allowable percentage would be measured against the amount of building area actually constructed -- not the amount ultimately planned. Mayor Tierney suggested that the Council could stipulate the percentage per building. Community Development Director Hurlburt said that if one building is built before the other, rather than concurrently, then additional landscaping requirements will need to be met. She said that staff has talked to possible users of the property over time, but this proposal has been under review for about six months. As soon as staff had a complete application, the public process was started. Director Hurlburt said that the turning radius at 36`h Avenue and Zanzibar Lane will be considered in the final plans, and turning lanes could be striped on the street. Councilmember Spigner asked Public Works Director Moore if the four-way stop is appropriate in this location. Public Works Director Moore said that the Council has authorized an all -way stop at this location. There may not be a need for a separate turn lane with the all -way stop signs and only striping of the street would be needed to add the turn lane. Michael Leuer, 3058 Ranchview Lane North, said that three dumpsters are the only remaining issue with the previous project south of Highway 55. He has a pending application with the City on that issue. Councilmember Black said that she has also been informed by residents that some of plantings around the NURP ponds are not completed. This was also a condition in the original approval. Mr. Leuer said he is working with his tenants on the dumpster issue. Councilmember Preus asked why the dumpster issue is still not resolved and why it is such an issue for certain tenants. Regular Council Meeting June 4, 1997 Page 13 Mr. Leuer explained that three tenants have concerns. One tenant cannot have a dumpster inside the facility due to FDA regulations. A second tenant is 1,000 feet away from a loading dock area, and another tenant does not have room inside the facility for a dumpster. He said that a plan amendment request has been submitted for these three dumpster situations. Mr. Leuer said that he has worked hard to accommodate the neighborhood. When some of the neighbors were concerned about the Star Tribune use, he moved that tenant to another building. Mr. Leuer said that this project site is challenging. He had originally requested a 50 percent accessory warehouse use, and staff had recommended that a maximum of 33 percent would be more appropriate as an accessory use. The Planning Commission has recommended a further reduction to 25 percent which makes the project unfeasible. He said that this type of facility will not generate a lot of truck traffic, even if 50 percent warehouse is allowed. Mayor Tierney said that many impacts from the existing Moen Leuer Plymouth Ponds project have resulted because access to County Road 24 was denied by the County. The proposed design of this project would result in less trucks than the Plymouth Ponds project. Councilmember Black said that residents abutting the Plymouth Ponds project have indicated that the traffic situation has calmed down and is not as offensive as it initially was. Her primary concern is whether the City can enforce the conditions that are established for the project in a timely manner. Councilmember Preus said the amount of warehouse area needed would vary by tenant. He asked if the request for 40 percent accessory use was made in order to retain flexibility in attracting tenants. Mr. Leuer said yes. Councilmember Preus stated that when considering other types of applications, an accessory use is determined to be 10 or 15 percent. He agrees with the Planning Commission recommendation and said that 25 percent is as liberal as he would support for an accessory use. Mr. Leuer said one problem in the percentage calculation is that unfinished areas and areas used for office storage qualify as "warehouse", even though these are not typical warehouse uses. Councilmember Preus said that one problem may be in the definition of warehouse" that is being applied. Office storage and unfinished space would not result in the same impacts as typical warehouse use. Regular Council Meeting June 4, 1997 Page 14 Community Development Director Hurlburt said that the term warehouse is not defined in the Zoning Ordinance, and there is no specific percentage standard for accessory use. Staff has defined a warehouse use as any unfinished space used for storage. The definition could be refined to separate office storage, warehouse product storage, and future expansion space. The Building Code may assist in developing appropriate definitions. She suggested that some percentage use parameters are appropriate since the tenants are unknown, and there will be impacts on parking and traffic based on the use. Councilmember Black asked how many loading docks are proposed in the preliminary plan. Mr. Leuer showed the loading docks proposed on the plan and said that the amount of unfinished space and the number of dock doors does not have a direct relationship on the amount of truck traffic. Councilmember Spigner said it was her understanding that the City would consider transitions between residential and non-residential uses. Mr. Leuer said that the entire front of the building is office use. The loading docks would be interior to the project. Councilmember Spigner expressed concern about the traffic impacts on the City Center area and questioned whether the proposal is a good fit for the area. Mr. Leuer said that semi trucks would be a very small percentage of the overall traffic. Councilmember Spigner said that the number of trucks is not her primary concern on this project. It is whether the proposal is a good fit for this property and for the abutting residential area. Mayor Tierney said that this site shares a street with the residential area, but it also abuts Highway 55. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt ORDINANCE 97-12 AMENDING CHAPTER 21 OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF HIGHWAY 55, SOUTH OF 30 AVENUE, AND EAST OF ROCKFORD ROAD AS B -C (BUSINESS CAMPUS) (97012). Councilmember Bildsoe said that he will support the rezoning, but will not support the development requests. He believes that issues relating to Regular Council Meeting June 4, 1997 Page 15 manufacturing versus office use are valid, but his primary concern with this project relates to traffic. He feels that the residential neighborhood will face an undue hardship under the current proposal, and he would like to see the adjacent Harstad property simultaneously developed so that the overall traffic issues can be addressed. Councilmember Bildsoe noted that by lowering the percentage of allowable warehouse space, the amount of traffic will be increased. He supports the rezoning to the Business Campus district and likes the proposed project; however, he has serious concerns relating to traffic impacts on the residential neighborhood. Motion carried: six ayes, Spigner nay. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-342 APPROVING FINDINGS OF FACT FOR REZONING OF PROPERTY LOCATED SOUTH OF 36'H AVENUE, NORTH OF HIGHWAY 55, AND EAST OF ROCKFORD ROAD (97012). Motion carried: Preus, Black, Wold, Johnson, and Tierney ayes; Spigner and Bildsoe nays. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-343 APPROVING PRELIMINARY PLAT AND SITE PLAN FOR MOEN LEDER CONSTRUCTION FOR PROPERTY LOCATED NORTH OF HIGHWAY 55, SOUTH OF 36"; AVENUE AND EAST OF ROCKFORD ROAD (97012). Motion carried: Preus, Black, Wold, Johnson, and Tierney ayes; Spigner and Bildsoe nays. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-344 APPROVING A CONDITIONAL USE PERMIT FOR MOEN LEDER CONSTRUCTION FOR WEST GLEN CORPORATE CENTER LOCATED SOUTH OF 36THAVENUE, NORTH OF HIGHWAY 55, AND EAST OF ROCKFORD ROAD 97012), with all conditions stated in the resolution including the maximum 25 percent accessory use. Councilmember Preus said that establishing a maximum percentage for accessory use does not seem to be the best way to address the issue. He would like to provide more flexibility for the developer, and even 25 percent of certain warehouse uses could be a detriment to the nearby residential property. He believes that 33 percent is more than an accessory use, so he will support 25 percent as recommended by the Planning Commission. Councilmember Johnson agreed that 25 percent should be the maximum for an accessory use in this case, yet she does not want to set a precedent for future requests. She said that perhaps the issues of accessory use and traffic should be separately considered since they may or may not relate. Regular Council Meeting June 4, 1997 Page 16 Community Development Director Hurlburt said that another option for considering accessory uses of the project is to require the applicant to apply for a conditional use permit as each tenant and the impacts on traffic is known. Staff and the applicant felt that it would be better to resolve the issue of accessory use at the beginning of the project rather than considering a series of requests as each tenant is known. City Attorney Knutson stated that the applicant could also request an increase in the 25 percent accessory use at a later date. Councilmember Johnson asked if area residents would be notified if such a request was considered in the future. Community Development Director Hurlburt said that it would require a conditional use permit amendment and the same public hearing process would be held as for the initial conditional use permit. Councilmember Spigner asked the applicant if he would go forward with the project if it is approved with a maximum of 25 percent accessory use. Mr. Leuer said no. Mayor Tierney said that the applicant could request an amendment to the conditional use permit to increase the overall percentage. The applicant could also request a conditional use permit amendment to increase the percentage of accessory use by one tenant. Attorney Knutson said that anyone who has a conditional use permit can apply for an amendment to it. A majority vote would be needed for passage. Councilmember Preus said that he supported a 25 percent maximum accessory use because of the proximity to the residences. In the future, if an amendment to the conditional use permit is requested and it would not cause problems for the residents, he would consider it. Councilmember Black asked if the percentage of accessory use would revert to the original 25 percent if the Council were to approve an increase for a specific tenant who later left the building. City Attorney Knutson said the percentage would not automatically revert in that situation. However, an amendment could contain a condition to restrict the approval to a particular type of use, rather than to a specific tenant. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to call the question. Motion carried, seven ayes. Regular Council Meeting June 4, 1997 Page 17 Motion carried: six ayes; Spigner nay. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to authorize the City to post "no parking" signs on 36`' Avenue between Vicksburg Lane and Rockford Road from 2 a.m. to 4 p.m., Monday through Friday. Councilmember Bildsoe said this would give residents who live in the area an opportunity to park on the public street in the evening. He believes this is needed due to the short cul-de-sacs. Public Safety Director Gerdes noted that there is no parking from 2 a.m. to 5 a.m. throughout the City. Discussion was held on the appropriate signage and whether it should be posted from 2 a.m. or from 5 a.m. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to refer the motion to the Public Safety Subcommittee. Motion carried, seven ayes. Motion was made by Mayor Tierney, seconded by Councilmember Wold, to direct staff to include a trail or sidewalk on 36`'' Avenue between Vicksburg Lane and Rockford Road in the City's trail plan and Capital Improvement Plan the next time these documents are updated. Motion to amend was made by Councilmember Johnson that the trail would run along the north side of 36`' Avenue to Zanzibar, crossing to the south side and continuing to Vicksburg Lane. The Sugar Hills residents have opposed a trail along the south side of their property. When they purchased their homes, they were informed that there was no such trail on the City's trail plan. Motion died for lack of a second. Motion carried, seven ayes. Item 8-B (6-B) Special Council Meeting on Northwest Plymouth Motion was made by Councilmember Wold, seconded by Councilmember Spigner; to establish July 1, 1997, at 7 p.m. for a special meeting with the Planning Commission to review and discuss the results of the May 15 Public Forum and to give direction to staff on Northwest Plymouth planning. Councilmember Wold requested that the Northwest Plymouth forum raw data be provided to him in a machine readable format. He encouraged Councilmembers to review the raw data and to ensure that the July 1 meeting will work since it is important that all Councilmembers attend this meeting. Regular Council Meeting June 4, 1997 Page 18 Motion carried, seven ayes. Item 8-C (6-C) Meeting for Visioning and Strategic Planning Motion was made by Councilmember Bildsoe, seconded by Councilmember Wold, to table a Visioning and Strategic Planning process for the City indefinitely. Councilmember Bildsoe clarified that after conclusion of the budget process and other issues underway this summer, this item can be given the attention it needs. Motion carried, seven ayes. Item 8-D (6-K) Policy on Procedures for Comprehensive Plan Amendments Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 97-345 ESTABLISHING POLICIES AND PROCEDURES FOR CONSIDERING AMENDMENTS TO THE COMPREHENSIVE PLAN. Motion carried, seven ayes. Councilmember Black requested that the new procedures be discussed at a future Council meeting for clarification. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adjourn the meeting at 9:55 p.m. Councilmember Wold raised a point of order that a motion to adjourn is not in order for five minutes because there is pending business. Councilmember Preus said a motion to adjourn is always in order. Mayor Tierney ruled that as correct. Motion carried: Preus, Spigner, Black, and Wold ayes; Bildsoe, Johnson, and Tierney nays. / au ie Ahrens City Clerk