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