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