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HomeMy WebLinkAboutCity Council Minutes 09-10-1997MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 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 September 10, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Bildsoe, Wold, Johnson, Preus, and Spigner. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Park Director Blank, Planning Supervisor Senness, Public Safety Director Gerdes, Finance Director Hahn, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum No one spoke at the Forum. Item 4-A Forum on Plymouth's Recreational Water Quality Councilmember Johnson announced an upcoming forum on Plymouth's Recreational Water Quality sponsored by the Wayzata/Plymouth Area League of Women Voters. Item 5 Approve Agenda Councilmember Spigner requested addition of Item 8-a, Partnership for Safe Communities Symposium. Councilmember Bildsoe requested addition of Item 9-A, Wayzata High School. Mayor Tierney requested addition of Item 9- B, update on AMM Transportation Study. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve the agenda with the addition of the three items noted. Motion carried, seven ayes. Item 6 Consent Agenda Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the Consent Agenda with removal of Item 6-C. Motion carried, seven ayes. Item 6-A City Center/Mann Theater Water Treatment Improvement Contract, Project 7001 Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-525 RESOLUTION AWARDING BID, TOWN CENTER/MANN THEATER IMPROVEMENTS, CITY PROJECT NO. 7011. Motion carried, seven ayes. Regular Council Meeting September 10, 1997 Page 2 Item 6-B Approve Selection of Architect for Activity Center Project Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-526 APPROVING THE SELECTION OF DELANO ERICKSON AND ASSOCIATES AS ARCHITECTS FOR THE PROPOSED ACTIVITY CENTER PROJECT. Motion carried, seven ayes. Item 6-D Baker Partners, Inc. (97070) Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt ORDINANCE 97-21 AMENDING CHAPTER 21 OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF ROCKFORD ROAD BETWEEN I-494 AND BERKSHIRE LANE, AND TO ESTABLISH A PLANNED UNIT DEVELOPMENT DISTRICT (97070). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-527 APPROVING FINDINGS OF FACT FOR REZONING OF LAND LOCATED NORTH OF ROCKFORD ROAD, BETWEEN I-494 AND BERKSHIRE LANE 97070). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-528 APPROVING PRELIMINARY PLAT AND PUD GENERAL PLAN FOR BAKER PARTNERS, INC. FOR PROPERTY LOCATED NORTH OF ROCKFORD ROAD BETWEEN I-494 AND BERKSHIRE LANE (97070). Motion carried, seven ayes. Item 6-E Olympic Gymnastics Academy, Conditional Use Permit (97105) Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-529 APPROVING A CONDITIONAL USE PERMIT FOR OLYMPIC GYMNASTICS ACADEMY, INC., AT PLYMOUTH PONDS BUSINESS PARK, 3580 HOLLY LANE NORTH (97105). Motion carried, seven ayes. Item 6-F Janco, Inc. Final Plat for "Conor Meadows Plat Two' (96150-F) Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-530 APPROVING FINAL PLAT/PLAN AND DEVELOPMENT CONTRACT FOR JANCO, INC., FOR PROPERTY LOCATED NORTH OF THE SOO LINE RAILWAY AND EAST OF PEONY LANE (96150-F). Motion carried, seven ayes. Regular Council Meeting September 10, 1997 Page 3 Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-531 ADOPTING ASSESSMENTS, CITY PROJECT NO. 7024, SANITARY SEWER AND WATERMAIN AREA, CONOR MEADOWS PLAT TWO. Motion carried, seven ayes. Item 8-a Partnership for Safe Communities Symposium Councilmember Spigner said that staff recently suggested funding expenses for her attendance at the Partnership for Safe Communities Symposium from the 1997 Public Safety Department budget. She would prefer that funding be designated from the contingency fund, rather than the Public Safety department budget. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to direct that expenses for Councilmember Spigner's attendance at the Partnership for Safe Communities Symposium in St. Cloud, September 25 and 26, be paid from the Contingency Fund. Motion carried, seven ayes. Item 8-b (6-C) Tricord, 2800 Northwest Blvd. Councilmember Johnson said she will support this request but noted that significant traffic will be added to Northwest Blvd., adjacent to the residential neighborhood near West Medicine Lake Drive. Motion was made by Councilmember Johnson, seconded by Councilmember Wold, to adopt RESOLUTION 97-532 APPROVING PUD GENERAL PLAN AMENDMENT FOR TOLD DEVELOPMENT COMPANY FOR A PARKING EXPANSION AT 2800 NORTHWEST BOULEVARD 97048). Motion carried, seven ayes. Item 8-A Town and Country Homes, Inc. (97011) Community Development Director Hurlburt explained that Town and Country Homes, Inc., had initially applied for LA -3 guiding for the site located in the northwest quadrant of Highway 55 and Dunkirk Lane in order to construct 159 townhome units. The City subsequently initiated a reguiding to LA -2, which would have provided for 108 units on the site. This reguiding was tabled by the Council. Town and Country then made a proposal for a split guiding of LA -2 and LA -3, with a reduction from 159 to 114 units. A neighborhood meeting was held on the proposal on June 3, 1997. The Planning Commission unanimously recommended approval of the request. Director Hurlburt said that site access would be at 39`' Avenue. The majority of the site would be guided LA -2 and have a total of 82 townhome units, which would be less than the maximum LA -2 density of six units per acre. The smaller portion of the site would be guided LA -3 with 32 Regular Council Meeting September 10, 1997 Page 4 proposed units, which is also less than the allowable maximum density of 43 units. She said that there was a previous discussion about whether the 39' Avenue intersection could be eliminated and traffic routed southerly. This concept was rejected because it would not improve the level of service at 39' Avenue and Dunkirk Lane, it would combine residential and commercial traffic, and it may encourage cut -through traffic. Councilmember Johnson asked if the proposal to reguide the entire parcel to LA -2 could be kept on the table. If the applicant's split guiding proposal is not adopted, then the Council could consider LA -2. She said that area residents would like a maximum of 108 units, and the split guiding would result in 114 units. City Attorney Knutson explained that if the Council does not approve the request by Town and Country, the Council could consider LA -2 guiding. Al Block represented Town and Country Homes. He said that an extensive planning process has resulted in a development that has the best transition possible for the site. Additional berms and landscaping have been added through the process. He said that this is a "for -sale" development, not rental, with a minimum average per unit sales price of $140,000. He said that Town and Country will proceed with the development as proposed if the guiding is approved. Councilmember Black asked about the price range of the homes. Mr. Block responded that the home prices in the development would range from $120,000 to $175,000. Councilmember Spigner said that this question is appropriate and timely because the City is trying to meet the Livable Communities Act goals. This project has some affordable units. Councilmember Johnson asked the maximum number of units that could be allowed under the split guiding. Director Hurlburt said that if the maximum allowable number of units is applied to both portions of the site, 129 units could be allowed. She said that the best assurance that Town and Country will construct a development of 114 units is that they have submitted a development proposal for 114 units for consideration. If they were going to change the number of units, a new application would be required along with another public hearing. Regular Council Meeting September 10, 1997 Page 5 Mike Gair and Greg Frank were present to answer questions on behalf of Town and Country Homes, Inc. Scott Kuhne, 3860 Comstock Lane, said that landowners should be involved in the planning process. He said that the maps used in the traffic study indicate that Dunkirk Lane is a straight road to Highway 55, but the road is actually curved with a dead-end. He believes that the traffic study is flawed because incorrect maps were used. Mr. Kuhne said that sight distances on curved roads need to be taken into account on traffic studies, and there are state and county guidelines on curved roads. The traffic study did not include traffic counts. He said that the City did not want to mix residential and commercial uses; however, the Rottland Homes project was recommended for approval. This was also not considered in the traffic study. He requested denial of the Town and Country Homes request. Community Development Director Hurlburt explained that the City's land use guide plan map shows parcel boundaries, rather than streets. The rights - of -ways had not yet been dedicated on the maps referenced by Mr. Kuhne. She explained that the firm who prepared the traffic study also designed Rockford Road and is completely familiar with the roadway. She said that there is very little traffic on this cul-de-sac today, but someday the Dundee site will likely be developed with a more intense use and the direct access to Highway 55 will be closed. She said there is no error on the traffic study. Councilmember Johnson asked if the City would be required to close the Highway 55 access in the future. Community Development Director Hurlburt responded that the plan is to eliminate curbcuts on this portion of Highway 55. If this site were re - subdivided, City policies would require the Highway 55 access to be closed and Dunkirk Court would be used for access. The City must limit access to Highway 55 wherever possible in order to comply with the City's Transportation Plan and to be consistent with the regional plan. Alan Napier, 16520 39' Avenue North, said that the sight distance on Dunkirk Lane is a concern to residents, particularly at Rockford Road. He said that the developer had agreed to move the access road for the development from 39`' Avenue to Dunkirk Court. However, the City did not support this change and the access was changed back to 39`' Avenue without consultation with the neighborhood. If the split guiding is approved, Mr. Napier is concerned that the developer could submit a plan with the maximum allowable 129 units, rather than the 114 units as proposed. He would like the density of the development to be comparable to the Regular Council Meeting September 10, 1997 Page 6 surrounding density, rather than considering a density that is compatible with properties abutting Highway 55. John Byers, 3895 Comstock Lane, said that on a number of occasions, the City has indicated that it wanted to eliminate situations of split guiding in the City. He would support 114 units, but would prefer not to set a precedent of split guiding. He said that an LA -2 guiding for the entire parcel would result in 108 units and would not set a precedent of split guiding. Mr. Byers said the sight distances do not meet the County and State standards. He requested that the Council support the previous Planning Commission recommendation of LA -2 guiding for the entire parcel. Mr. Kuhne said that he was referring to the curve off of Dunkirk Lane in his earlier comments. That curve is not mentioned in the traffic report. Community Development Director Hurlburt explained that the purpose of the traffic report was to address the issue of moving the access to the proposed development from 39`' Avenue to Dunkirk Court. In previous reviews of the development, staff considered the sight distance at 39' Avenue and did not find a problem. She said that the narrative in the traffic report could have been more precise, but there is no error. Councilmember Black asked staff to comment on the sight distances that would exist if the access were moved to Dunkirk Court, as supported by the residents. Public Works Director Moore said the sight distance would be identical because the access point would be the same as the current intersection. He explained that Dunkirk Lane and Rockford Road are state -aid roads; both roads received state approvals with respect to design and sight distance. Mayor Tierney asked if the City could request a reduction in the speed limit to 35 mph on this road. Director Moore said that the sight distance is one factor that is considered when speed limits are established. Community Development Director Hurlburt explained that when the City's maps were prepared on the new GIS system in late 1996, staff proposed that parcel boundaries would be used for purposes of guiding. Specific parcel boundaries were not used for guiding prior to that time. The subject parcel had an existing split guiding of C (Commercial) and LA -1 (Living Area 1). Staff suggested that the subject property be placed in one guiding classification, absent any proposals for development. One proposal was to Regular Council Meeting September 10, 1997 Page 7 make the entire parcel C and eliminate the LA -1 portion. When staff published maps for the rezoning and reguiding hearings, all of the subject site was shown as Commercial. However, the Planning Commission and City Council voted to retain the split guiding at that time. The Planning Commission subsequently recommended that the entire site be reguided to LA -2. The Planning Commission now recommends approval of the applicant's proposal and this supersedes their previous recommendation. She said the Planning Commission did not initially support a split guiding because it was not accompanied by a full set of plans. Mr. Block said that the 114 -unit development proposal is the only plan currently proposed for the site. He suggested that the Council could add a condition that if Town and Country Homes does not file the final plat by December 31, 1997; the Council could consider reguiding the entire site to LA -2. Mr. Beyers said that the speed limit would have to be reduced to less than 30 mph in order to accommodate the curve and sight distance problem. He does not believe the Council is prepared to vote on this issue. He has no objection to the 114 unit development proposal, but has concerns about the intersection. He said that the road does not meet the state roadway specifications, and he is confused because the City Council and staff have previously indicated that they do not want split guiding. Greg Frank said that after Westbranch Addition was approved, Dunkirk was designed to the Minnesota State Aid standards. The road is designed to a speed of 40 mph and the curve sight distances meet that speed. Councilmember Black said that she does not have a concern about split guiding and does not recall that the Council adopted a policy to that effect. She is concerned if the roadway and sight distances are not adequate, because the road would then be unsafe for any use. Public Works Director Moore said that Dunkirk Lane was designed after the 39`' Avenue location was known. The intersection would be at the same location under the proposed plan. The roadway was designed to state aid standards and to a design speed limit of 40 mph. Mr. Frank suggested that issues relating to the intersection should be considered with the preliminary plat. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt a resolution approving a Land Use Guide Plan Amendment to reguide 19.8 acres of land located in the northwest quadrant of Highway Regular Council Meeting September 10, 1997 Page 8 55 and Dunkirk Lane from C and LA -1 to LA -2 and LA -3, as recommended by the Planning Commission. Councilmember Bildsoe said that an LA -2 guiding would be a better transition to the Commercial property to the south and to the single family homes to the north. He does not support a split guiding. Councilmember Wold also spoke against the motion. The Council has indicated that it doesn't desire split guiding, and he does not believe it is necessary for this parcel. Mayor Tierney said there are transition problems in various areas of the City that split guiding may help address. She believes that reguiding the entire parcel to LA -2 will result in future transition problems with the Commercial property to the south. The proposed development will provide some affordable units in the City. She believes that this will be a good project and that the roadways were designed to handle the traffic. Councilmember Bildsoe said that the Council should have taken action on the reguiding when it was previously considered in March, rather than tabling action until a plan was submitted. Councilmember Johnson commended the developer for working with the residents, noting that the developer was willing to propose realignment of the roads. She is concerned that if the split guiding is denied, the only alternatives are to reguide to LA -2 or to retain a significant amount of Commercial guiding abutting a single family residential neighborhood. Councilmember Preus agreed with Councilmember Bildsoe that the Council should have acted on the reguiding earlier in the year. He said there were four votes in March to reguide the entire parcel to LA -2. Two members voting against the LA -2 guiding indicated that they wanted to receive a plan along with the guiding proposal. The developer has now submitted a plan. Councilmember Preus said that transition is a problem, but he does not believe that the LA -2 and LA -3 split guiding will provide more transition than LA -2 guiding for the entire parcel. Councilmember Johnson expressed concerns about traffic and the road alignment. She believes the split guiding would provide a better buffer and transition to the Commercial site along Highway 55. Councilmember Spigner said there is precedence for the request. Regular Council Meeting September 10, 1997 Page 9 Mayor Tierney said that the additional few units (from 108 with LA -2 guiding to 114 with the split guiding) will not create an obvious visual buffer for the Commercial site to the south, but she believes that the higher density is more appropriate. She said that under the split guiding, the LA -3 portion would not abut the existing single family homes to the north. Councilmember Black said that she would prefer that the southwest portion of the site be designated as Commercial, rather than LA -3. She doesn't believe it is appropriate to put residential along any major highway. She believes the LA -3 guiding would provide a better buffer for the homes to the north than the existing Commercial guiding. The engineering staff can check the sight distances before the Council considers the site plan. Motion to approve the split guiding failed on a 4 to 3 vote (5/7 vote required): Black, Johnson, Spigner, and Tierney ayes; Bildsoe, Wold, and Preus nays. City Attorney Knutson recommended that staff be directed to prepare findings of fact consistent with the denial to be considered at the next meeting. Motion was made by Mayor Tierney, seconded by Councilmember Black, to direct staff to prepare findings of fact consistent with denial for Council consideration. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to remove from the table the Council's motion from March 5 to reguide the entire site to LA -2. Motion carried, seven ayes. Mayor Tierney called a five-minute recess. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt a resolution approving a reguiding of the site from C Commercial) and LA -1 (Living Area 1) to LA -2 (Living Area 2). Councilmember Johnson noted that if this motion is not adopted, the site will remain about 3/ Commercial and '/a LA -1. Councilmember Black said that she does not believe it is appropriate to have residential property abut the Highway 55 commercial property. Councilmember Bildsoe stated that designating the entire site LA -2 would make it easier for a future developer to prepare a plan for the site. Regular Council Meeting September 10, 1997 Page 10 Mayor Tierney said that LA -2 guiding for the entire site would create a transition problem to the southerly Commercial property. Councilmember Preus responded that a transition problem will exist on this site no matter what is done. He said the property owner and future developers need some guidance on what the City believes is appropriate development for the site. Motion to reguide the site to LA -2 failed on a 4 to 3 vote (5/7 vote required): Bildsoe, Wold, Johnson, and Preus ayes; Black, Spigner, and Tierney nays. Motion was made by Councilmember Black, seconded by Councilmember Preus; to direct the City Attorney to prepare findings of fact on this issue for Council consideration. Motion carried, seven ayes. Item 8-B Hans Hagen Homes, Inc., Plymouth Station (96193) Community Development Director Hurlburt presented the application of Hans Hagen Homes, Inc., for rezoning from FRD to PUD, Preliminary Plat and Planned Unit Development General Plan Amendment for Plymouth Station located southeast of the intersection of Highway 55 and County Road 24. She showed pictures of the surrounding land uses, and noted that this 27 -acre site was part of the Seven Ponds PUD. Reguiding and rezoning of the site was previously considered. The Planning Commission recommended CO guiding and O -R zoning which was denied by the City Council on May 7, 1997. The current request is for a rezoning from FRD Future Restricted Development) to PUD (Planned Unit Development) which would be consistent with the commercial guiding. The proposed preliminary plat would divide the property into one large lot and a small outlot given to the City for right-of-way and wetland purposes. The preliminary plat meets all City requirements and the Planning Commission and staff recommend approval. Director Hurlburt described neighborhood concerns relating to the PUD General Plan Amendment. The proposed uses for the site are: a Rainbow Foods store (64,317 sq. ft.), Retail/service/liquor attached to Rainbow 9,000 sq. ft.), Freestanding retail/service (21,000 sq. ft.), Professional office (14,000 sq. ft.), Two restaurants (4,000 sq. ft. each), Fast food restaurant (4,600 sq. ft.), Day care center (6,030 sq. ft.), Convenience/ gas/quick auto service center with car wash (7,860 sq. ft.), and Auto service center (6,300 sq. ft.) She explained that the PUD will allow flexibility for the developer and the City to negotiate standards for the specific development. There is a need for an anchor for the development, and more Regular Council Meeting September 10, 1997 Page 11 intense uses are separated from the residential properties. Traffic studies have been provided. Director Hurlburt said the impact on the residential area to the south and location of the primary access to the subject property have been concerns. The access was originally to have been on Garland Lane and Dunkirk Lane. Following Planning Commission review of the project, there was discussion of moving the primary access to County Road 24. The developer has agreed to pay for all improvements to County Road 24, including turn lanes and signalization, at an estimated cost of $460,000. Full access at County Road 24 will eliminate the need for the Garland Lane access. Director Hurlburt showed the proposed pattern for truck access to the property. No problems are anticipated based on experience with similar stores in the City. Director Hurlburt explained that with the original Garland Lane access to the site, left turns from County Road 24 to Medina Road were estimated to be 920 trips, and traffic exiting westbound to Medina Road was estimated at 305 trips. With the access moved to County Road 24, left turns from County Road 24 to Medina Road are estimated to be 295, with only 85 vehicles exiting westbound to Medina Road. She added that many of the 295 trips would not be trips to this development. Even if the roadway network is not built as planned and Medina Road is not extended, the result would be that most vehicles diverted to other roads would be local trips. No expansion of Dunkirk Lane would be required. Director Hurlburt showed the proposed pedestrian circulation for the development. Connections are proposed to the existing trails on Medina Road and County Road 24, and School District 284 has agreed to consider moving the school bus stop on Medina Road if there is a conflict. Staff recommended that parking be reduced in the areas of the auto service center and grocery store and replaced with landscaping and berming. This reduction to 803 parking spaces will lessen the impervious surface. She explained that the proposed loading docks are consistent with the residential setback requirements for loading docks, as well as the phased plan requirement to ensure screening. The location of the daycare center, professional building, and landscaping will screen the loading docks from the residential area. She showed simulation models of what the project will look like from the abutting residential properties to illustrate the screening. Councilmember Black noted that the berm does not extend the full length to the corner. If the berm was extended to the corner, parking would also be completely screened. She said that the developer has offered to build a fence Regular Council Meeting September 10, 1997 Page 12 at the discretion of the homeowners' association; this was not a City requirement. Director Hurlburt showed the architectural drawing of the proposed Rainbow Foods and noted the sloped roof lines, building materials, internal storage of trash, and decorative lighting. There will be a need for a Master Sign Plan. One of the criteria recommended in the approving resolution is that when the site plan is submitted, no signage be proposed on the walls of the buildings which would be visible from the residential areas. She described the proposed landscaping, and wetland buffers and setbacks. The project exceeds the 2 to 1 wetland replacement standard. She said that a phasing plan is required for a PUD. A three-year phasing plan is recommended following first occupancy, with the berming, landscaping, and fencing in Phase I, and with the day care and office building to be constructed concurrent with the grocery store or an equivalent berm. Councilmember Black said there could be the potential of a double berm if the day care and office building were not constructed concurrent with the grocery store. She also noted that the berm closest to Medina Road would be about 12 feet above the street grade. The possible second berm would be higher. Councilmember Spigner said that enforcement problems were encountered with the Seven Ponds trash enclosure. She asked how the City can ensure the trash enclosure requirements are met in this development. Community Development Director Hurlburt said the City has financial guarantees. There are also legal options. As the City approves building plans for each structure, the conditions would be enforced. Councilmember Spigner stated that grocery stores and fast food restaurants create a lot of trash. She wants to ensure that trash issues are adequately addressed in the resolution. Community Development Director Hurlburt said that the grocery store will have a trash compactor and trash can be loaded from inside the building. Other Plymouth grocery stores have a similar arrangement. Councilmember Johnson said that the developer has the option of building the berm or constructing the day care and professional building at the same time as the grocery store. She expressed concern that the developer could request a change in the tenants in the future. Regular Council Meeting September 10, 1997 Page 13 Hans Hagen represented Hans Hagen Homes. He showed an elevation drawing of the proposed Rainbow grocery store, which is intended to serve Plymouth residents as well as people living west of Plymouth. All buildings in the development would be brick on all sides. He said that the property has been designated as Commercial on the City's adopted guide plan for over 25 years, and reaffirmed by the City Council twice in the past year. He asked that the Council consider the question, "If not this use, then what?" All proposed uses and setbacks are permitted under the existing land use guide plan and zoning ordinances. He said that a neighborhood commercial development of this size and quality is not feasible without a major grocery store as an anchor. His costs to reconstruct County Road 24, estimated at over $450,000, cannot be absorbed by building a small unanchored strip center. Mr. Hagen said there have been significant changes since the project was originally proposed. The Garland Lane access would be eliminated, a private fence would extend from County Road 24 to Dunkirk Lane, truck deliveries would be eliminated from Medina Road, the Auto Service doors would be moved to the west and north sides of the building, delivery hours for Rainbow would be restricted from 6 a.m. to 10 p.m., the professional building and daycare have been rearranged to act as a buffer, and County Road 24 would be reconstructed. He said that the size of the proposed grocery store is similar to others in the area, including Cub Foods in City Center which is 67,000 square feet. Traffic will be significantly reduced under the new plan. He explained that the berm height will vary from 8 to 12 feet. Mr. Hagen read an excerpt from the Planning Commission minutes: There have been a lot of changes to the proposal, the issues related to traffic were addressed, guiding issues were resolved by the City Council, the plan meets all requirements, and no legal grounds for denial are present." Councilmember Johnson asked if he would be willing to build the daycare and professional building as part of Phase I, without the alternative landscaping and berm option. Hans Hagen said that he would accept it as a condition of approval if necessary, but would prefer to retain the landscaping option - otherwise, new buildings could sit empty. Councilmember Johnson noted that the Byerly's grocery store is 67,000 square feet, including liquor and restaurant. This structure would be 73,313 square feet if those same services are included in the calculation. Councilmember Preus asked when Phase I construction is proposed. Regular Council Meeting September 10, 1997 Page 14 Mr. Hagen said that they would like to break ground by October 1. The grocery store, convenience store and car wash is proposed to open the summer of 1998, the professional building, day care, and fast food restaurant would open the fall of 1998, the auto service center would open the summer of 1999, and restaurants in 1998 and 1999. Councilmember Bildsoe asked about access to the site during construction. Hans Hagen said that the County has preliminarily indicated that a curbcut from County Road 24 could be used. He suggested that prior to that, a Dunkirk Lane access could be used, which would be farther from the residences than an access from Garland. Councilmember Bildsoe asked Mr. Hagen to verify whether all buildings in the development will have brick exteriors, and he questioned the proposed hours of operation for the auto service center. Mr. Hagen responded that all of the buildings will have brick exterior. The hours of operation for the auto service center are proposed as 7 a.m. to 9 p.m. Monday through Friday; 7 a.m. to 6 p.m. on Saturday; and closed on Sunday. The hours of operation for the gas station are limited by ordinance to 6 a.m. to 11 p.m. He said that there will be daily litter cleanup throughout the site, with a litter clause in each lease. Semi -truck deliveries will be made from County Road 24. Councilmember Johnson said that she understood that Mr. Robbins may wish to evaluate the hours of operation for the auto service center in two years. Mr. Robbins responded that no change in the hours of operation is proposed. Councilmember Johnson said that residents are concerned about the auto service center being on the corner. She asked if the uses could be moved around on the site so the auto service use is farther from the residences. Hans Hagen responded that the convenience store and gas station need quick in and out access. The auto service center is a passive use with very little traffic. It will have architectural design and buffer identical to the other uses. Mr. Hagen said that the proposed gas station would face north, which is preferable to the station facing south with the lights shining toward the residential area. Regular Council Meeting September 10, 1997 Page 15 Motion was made by Councilmember Preus, seconded by Councilmember Black, to suspend the rules and extend the adjournment time to 10:30 p.m. Motion carried, seven ayes. Linda Fisher, Attorney for Hans Hagen, was present to answer questions. Dan Robbins said that he has been planning an automotive use in this area for over 15 years. He has conveyed property to Hennepin County to build County Road 24 and has paid special assessments for County Road 24 and Medina Road improvements. Much of his property has been reguided for industrial use. He operates an existing auto repair center in Plymouth which has received a Green Site Environmental Award and has made contributions to the community. Mr. Robbins explained that the auto service center was originally proposed to have eight overhead doors. The plan has been modified and two doors are now proposed. Parking has been reduced and the berm enlarged. He expects to service 20 to 25 vehicles per day which will be the lowest traffic use in the Plymouth Station development. The use will meet the City noise standards. Mike Johnson, 3345 Everest Court, represented the surrounding neighborhood. He said that the neighborhood favors the fence which Hans Hagen has agreed to construct between the development and abutting residential properties. He suggested that the developer cover all fence maintenance costs for four years, with the maintenance responsibilities transferred to Plymouth Station after that time. He requested that commercial truck deliveries be limited to day -time hours and prohibited from the Medina Road access, as well as a prohibition on free-standing signs or signs on the buildings south of the County Road 24 entrance to the site. Mr. Johnson requested that the PUD be modified to reduce the size of the grocery store and limit the hours of operation from 6 a.m. to 11 p.m. There are other grocery stores in the area, and he feels that the proposed grocery store is too large for the site. He believes that the office building and daycare should be constructed in Phase I with the grocery store without the alternative provision for a berm. Mr. Johnson expressed concern about adequate buffering and transition to the residential area and said that an auto service center is not an appropriate use due to odors, noise, and visual impacts. He said the proposed commercial use is too intense for the site. Dave Slavik, 3325 Everest Court, said that the homes on Everest Court and Garland Lane cul-de-sacs will be harmed by the development. Four homes across the street from the proposed development are currently for sale. He said that the County Road 24 entrance to the development will improve the Hans Hagen property, but it has been presented as a concession by the Regular Council Meeting September 10, 1997 Page 16 developer. He believes that real concessions should be made by the developer, such as reducing the size of the grocery store, eliminating or moving the retail uses on the site, and eliminating the fast food use. He does not favor the fence, but will not object to it. The abutting residential homes are two-story and the berm will not help. Mr. Slavik said the homeowner association is unable to pay the fence maintenance costs. He requested that the Council deny the development proposal. Councilmember Johnson said that further discussion needs to be held about whether the transition is appropriate. She believes that the Transition Subcommittee should have addressed these issues. She appreciates the limitation on the hours of operation for the auto service center, but believes that hours of operation should also be limited for the grocery store. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment time to 11:00 p.m. Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt ORDINANCE 97-22 AMENDING CHAPTER 21 OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 55 AND COUNTY ROAD 24 (96193). Motion carried: Black, Wold, Preus, Spigner, and Tierney ayes; Bildsoe and Johnson nays. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-533 APPROVING PRELIMINARY PLAT AND PUD GENERAL PLAN AMENDMENT FOR HANS HAGEN HOMES, INC. FOR PLYMOUTH STATION FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 5 AND COUNTY ROAD 24 (96193). The Council discussed the issue of fence maintenance. City Attorney Knutson suggested that the City require a fence only if the property owners agree, because the fence would be constructed on private residential properties -- not on the Plymouth Station property. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to amend Condition 19 to read: "The applicant shall submit a phasing plan with the Final PUD Plan. The phasing plan shall show how the project will be completed within three years following the issuance of the Certificate of Occupancy for the first building. In addition, at a minimum, Phase 1 of the plan shall include all berming and landscaping along both Regular Council Meeting September 10, 1997 Page 17 sides of Medina Road and the day care and office building if the grocery store is constructed in Phase 1; and to add Condition 30: "The developer shall construct a fence on the south side of Medina Road if approved by the residents. The developer shall maintain the fence for a period of four years, at which time the developer shall contract with a third party to estimate the annual maintenance costs for the fence and make a cash payment based on that estimate to the Homeowners Association for the present value of the maintenance costs over a period of 30 years." Councilmember Preus requested that the two issues be divided and individually considered. Councilmember Wold agreed to this request. Motion was made by Councilmember Preus; seconded by Councilmember Black, to call the question on the amendment to Condition 19. Motion carried, seven ayes. Motion to amend Condition 19 carried: six ayes; Black nay. The Council considered the motion on Condition 30. Councilmember Preus indicated that he would not support this amendment. Mayor Tierney agreed and added that the City should not require someone to maintain a fence that is not on their property. Councilmember Johnson said that the entire PUD was under the control of the developer at one time, including the residential area. She said the fence would mitigate some problems and provide good transition. Councilmember Black said she will support the requirement, but noted that 30 years is a long time to require maintenance. She said that if the fence had been constructed with the original development, the fence maintenance would have been turned over the homeowner association for maintenance because it is on their private property. Motion to add Condition 30 carried: five ayes; Preus and Tierney nays. The City Council discussed truck traffic to the site. Community Development Director Hurlburt doubted that the City could prohibit truck traffic from Medina Road because it is a state aid road. Also, one of the County's conditions for allowing the County Road 24 access is that a second viable access to the site be maintained. Regular Council Meeting September 10, 1997 Page 18 Councilmember Spigner said that the Council does not need to consider signage on the site because the sign ordinance will address those issues. Motion was made by Councilmember Spigner to call the question on the main motion. Motion failed for lack of a second. Motion was made by Councilmember Black, seconded by Councilmember Wold, to suspend the rules and extend the meeting to 11:15 p.m. Motion carried, seven ayes. Mayor Tierney called a five-minute break. Councilmember Wold said that there do not appear to be enforceable options for restricting truck traffic. Councilmember Bildsoe suggested that overhangs or structures could be constructed at the entrance to the development to prevent truck traffic; however, it was noted that this would also impede emergency vehicles. Motion to amend the main motion was made by Councilmember Johnson, seconded by Councilmember Preus, to add Condition 31: "Once full directional access is available at County Road 24, all construction traffic must use this access. Prior to that time, construction traffic will use the Dunkirk Lane curbcut." Motion carried, seven ayes. Motion to amend the main motion was made by Councilmember Johnson, seconded by Councilmember Wold, to add Condition 32: "The hours for the auto service use shall be as follows: 7 a.m. to 9 p.m. Monday through Friday; 7 a.m. to 6 p.m. Saturday; closed on Sunday," as offered by Mr. Robbins. Motion carried, seven ayes. Motion to amend the main motion was made by Councilmember Johnson, seconded by Councilmember Wold, to add Condition 33: "The auto service, convenience store, auto quick service and car wash buildings shall all have brick exteriors consistent with the other buildings in the PUD." Dan Robbins, 2585 Brockton Lane, asked if decorative design would be allowed under this requirement. Councilmember Wold said the brick exterior must be consistent with other buildings in the PUD. Motion to amend carried, seven ayes. Regular Council Meeting September 10, 1997 Page 19 Motion to amend the main motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to add Condition 34: "Prior to the issuance of building permits, the applicant shall submit written standards for daily litter control acceptable to the Zoning Administrator. Each tenant's lease shall contain a litter clause that sets forth a fine for disregarding the litter control standards." Motion to amend carried, seven ayes. Motion was made by Councilmember Johnson to limit the hours of the grocery store to 6 a. m. to 11 p.m. Monday through Friday; 6 a. m. to 6 p.m. on Saturday and Sunday. Motion failed for lack of a second. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to limit the size of the grocery store to a maximum of 40,000 square feet. Councilmember Black said that one of the comparison grocery stores was the Rainbow in her ward which has no buffering to the residential neighborhood. She has received no complaints about the business other than litter, and she sees no reason to limit the hours of operation or building size. Councilmember Johnson said that Mr. Hagen acquired additional land in this area which allowed this project to grow. She said that the Rockford Road development was in place before the homes to the north were built, and the car wash is in the center of the Rockford Road development away from the single family homes. Councilmember Black said that she does not believe there are significant differences between Rockford Road Plaza and this proposed development. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to suspend the rules and extend the adjournment time to 11:30 p.m. Motion carried, six ayes; Spigner nay. Hans Hagen said that the proposed development hinges on getting the major tenant and constructing the grocery store as configured. Motion to amend was made by Councilmember Johnson that the grocery store may be the size as proposed, provided the store is oriented farther away from the residences. Motion died for lack of a second. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to call the question on the amendment. Motion carried, seven ayes. Regular Council Meeting September 10, 1997 Page 20 Motion to limit the grocery store to 40,000 square feet failed: Johnson and Bildsoe ayes; Spigner, Black, Wold, Preus, and Tierney nays. Motion to amend the main motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to limit the hours of truck delivery to the grocery store from 7 a.m. to 8 p.m. Councilmembers Black and Spigner noted that there are certain types of perishable deliveries that need to be done early in the morning. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to call the question on the amendment. Motion carried, seven ayes. Motion to limit hours from 7 a.m. to 8 p.m. failed: Bildsoe, Wold, Johnson ayes; Black, Preus, Spigner, and Tierney nays. Main motion to adopt Resolution 97-533, as amended six times, carried: Black, Wold, Preus, Spigner, and Tierney ayes; Bildsoe and Johnson nays. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-534 APPROVING FINDINGS OF FACT FOR REZONING FOR HANS HAGEN HOMES, INC., FOR PROPERTY LOCATED SOUTH OF HIGHWAY 55 AND EAST OF OLD DUNKIRK LANE (96193), to also reflect the amendments in Resolution 97-535. Councilmember Johnson said that the transition to the neighborhood has not been properly done, and she believes that the City needs to handle guiding and zoning issues before considering plan requests. Councilmember Bildsoe said he will not support the motion because of the impacts of the development on the abutting residential neighborhood. He supports commercial development for the site but is concerned with the intensity of the proposed development. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment time to 11:35 p.m. Motion carried, six ayes; Spigner nay. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to call the question. Motion carried, seven ayes. Vote on Resolution 97-534 carried: Black, Wold, Preus, Spigner, and Tierney ayes; Bildsoe and Johnson nays. Regular Council Meeting September 10, 1997 Page 21 Item 8-C Wetland Mitigation and Replacement Plan Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 97-535 APPROVING WETLAND MITIGATION AND REPLACEMENT PLAN, SEVEN PONDS (96193) NW NE SECTION 20, T118N, R22W. Motion carried: Bildsoe, Wold, Preus, Spigner, and Tierney ayes; Black and Johnson nays. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adjourn the meeting at 11:31 p.m. Motion carried, seven ayes. Lafnie Ahrens City Clerk