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HomeMy WebLinkAboutCity Council Minutes 09-17-1997MINUTES REGULAR COUNCIL MEETING SEPTEMBER 17,1997 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 17, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Johnson, Preus, Spigner, and Black. ABSENT: Councilmember Wold. STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Hurlburt, Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum No one spoke at the Forum. Item 4-A Certificate of Appreciation to Wayzata Lions Club Mayor Tierney presented a Certificate of Appreciation to the Wayzata Lions Club for their contributions to Plymouth citizens. The Club recently passed the $1 million amount in funds distributed to various charities in the area. Item 5 Approve Agenda City Manager Johnson requested the addition of Item 6-T, award of bid for West Medicine Lake Park picnic shelters. Councilmember Bildsoe requested the addition of Item 9-C, assessment committee meeting, and Item 9-D, Old Rockford Road traffic study. Councilmember Black requested the addition of Item 9-E, Zachary Lane improvements from 36"' Avenue North to County Road 10. Councilmember Johnson requested the addition of Item 9-F, Cities Week. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to approve the agenda with the additions noted. Motion carried, six ayes. Item 6 Consent Agenda Items 6-D and 6-G were removed from the Consent Agenda. City Manager Johnson said that additional information was distributed on Items 6-B, 6-17, 6-Q, and 6-S. Regular Council Meeting September 17, 1997 Page 2 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the Consent Agenda with removal of Items 6-D and 6-G. Motion carried, six ayes. Item 6-A Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-536 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 5, 1997. Motion carried, six ayes. Item 6-B Approve Ice Center Change Order Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-537 APPROVING CHANGE ORDER NO.2 TO DIVERSIFIED CONSTRUCTION. Motion carried, six ayes. Item 6-C Town and Country Caterers, Inc. (97096) Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-538 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR TOWN AND COUNTRY CATERERS, INC. FOR PROPERTY LOCATED NORTH OF HARBOR LANE AND EAST OF FERNBROOK LANE (97096) Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-539 APPROVING FINAL PLAT FOR TOWN AND COUNTRY CATERERS, INC. FOR PROPERTY LOCATED NORTH OF HARBOR LANE AND EAST OF FERNBROOK LANE (97096-F). Motion carried, six ayes. Item 6-E Landform Engineering Co., Famous Dave's BBQ Shack Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-540 APPROVING A SITE PLAN, TWO CONDITIONAL USE PERMITS AND TWO SIDE YARD SETBACK VARIANCES FOR LANDFORM ENGINEERING COMPANY FOR FAMOUS DAVE'S BBQ SHACK AT 11306 HIGHWAY 55 (97103). Motion carried, six ayes. Item 6-F Caliber Development, Parkers Lake Business Center 9`h Addition (97108) Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt ORDINANCE 97-23 AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND PUD 83-1 FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF POLARIS LANE NORTH AND 23" AVENUE NORTH (97108). Motion carried, six ayes. Regular Council Meeting September 17, 1997 Page 3 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-541 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF POLARIS LANE NORTH AND 23RD AVENUE NORTH (97108). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-542 APPROVING PRELIMINARY PLAT FOR CALIBER DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF POLARIS LANE NORTH AND 23RD AVENUE NORTH (97108). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-542A APPROVING PUD GENERAL PLAN AMENDMENT FOR CALIBER DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF POLARIS LANE NORTH AND 23RD AVENUE NORTH (97108). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-543 APPROVING CONDITIONAL USE PERMIT FOR CALIBER DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF POLARIS LANE NORTH AND 23RD AVENUE NORTH (97108). Motion carried, six ayes. Item 6-H 1997 Removal and Destruction of Diseased Trees, Roll 1 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-544 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1997 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-545 FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1997 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1. Motion carried, six ayes. Regular Council Meeting September 17, 1997 Page 4 Item 6-I 1997 Weed Eradication and Destruction, Roll 1 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-546 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1997 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-547 FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1997 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion carried, six ayes. Item 6-J Reduction in Required Financial Guarantee Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-548 REDUCING REQUIRED FINANCIAL GUARANTEE, GOLFVIEW ESTATES ADDITION 91047). Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-549 REDUCING REQUIRED FINANCIAL GUARANTEE, PLYMOUTH PONDS BUSINESS PARK ADDITION (95005). Motion carried, six ayes. Item 6-K County Road 6 Sanitary Sewer Extension, Project No. 7018 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-550 RECEIVING PRELIMINARY ENGINEERING REPORT AND CALLING FOR HEARING ON IMPROVEMENTS, COUNTY ROAD 6 SANITARY SEWER EXTENSION, RANIER LANE TO URBANDALE LANE, CITY PROJECT NO. 7018. Motion carried, six ayes. Item 6-L Set Special Assessment Hearings Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-551 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, PEONY LANE, CITY PROJECT NO. 5002. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-552 FOR HEARING ON PROPOSED ASSESSMENT, PEONY LANE, CITY PROJECT NO. 5002. Motion carried, six ayes. Regular Council Meeting September 17, 1997 Page 5 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-553 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, 12TH AVENUE, CITY PROJECT NO. 5023. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-554 FOR HEARING ON PROPOSED ASSESSMENT, 12TH AVENUE, CITY PROJECT NO. 5023. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-555 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, 41ST AVENUE, CITY PROJECT NO. 5037. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-556 FOR HEARING ON PROPOSED ASSESSMENT, 41ST AVENUE, CITY PROJECT NO. 5037. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-557 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, RIDGEMOUNT AVENUE, CITY PROJECT NO. 7004. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-558 FOR HEARING ON PROPOSED ASSESSMENT, RIDGEMOUNT AVENUE, CITY PROJECT NO. 7004. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-559 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, VICKSBURG LANE STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 7010. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-560 FOR HEARING ON PROPOSED ASSESSMENT, VICKSBURG LANE STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 7010. Motion carried, six ayes. Regular Council Meeting September 17, 1997 Page 6 Item 6-M Payment for 41" Avenue/Hughston Addition Improvements, Project 5037 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-561 REQUEST FOR PAYMENT NO.6 AND FINAL, 41ST AVENUE/HUGHSTON ADDITION IMPROVEMENTS, CITY PROJECT NO. 5037. Motion carried, six ayes. Item 6-N West Medicine Lake Park Improvements, Change Order, Project 3030 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-562 APPROVING CHANGE ORDER NO. 7, WEST MEDICINE LAKE PARK IMPROVEMENTS - PHASE I, CITY PROJECT NO. 303. Motion carried, six ayes. Item 6-0 Request for Speed Study on Old Rockford Road Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-563 REQUESTING HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS TO CONDUCT SPEED STUDY, OLD ROCKFORD ROAD (COUNTY ROAD 9), ROCKFORD ROAD TO STATE HIGHWAY 55. Motion carried, six ayes. Item 6-P Oversight of Minnehaha Creek Watershed District Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-564 REQUEST COUNTY ASSISTANCE IN THE OVERSIGHT OF THE MINNEHAHA CREEK WATERSHED DISTRICT. Motion carried, six ayes. Item 6-Q Approve Topics for October 8, 1997 Study Session Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the following topics for the October 8, 1997 Study Session: enforcement issues, data practices and open meeting law briefing, council training and conference budget and other budget issues, policies guiding the use of the City's Volunteer Program, and ward meetings. Motion carried, six ayes. Item 6-R Ice Center - Plaque for Lobby Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-565 APPROVING NAMES FOR PLAQUE AT PLYMOUTH ICE CENTER. Motion carried, six ayes. Item 6-S Public Safety Subcommittee Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt recommendations of the Public Safety Subcommittee: 1) Change the name of the group to Public Safety Advisory Board; 2) Amend the Regular Council Meeting September 17, 1997 Page 7 composition of the Board to include 5 citizen representatives, along with the City Council representatives, and 4 staff members; and 3) Appoint the following individuals to the Advisory Board: Ed Albro for a term to expire 12-31-98 Daniel Freese for a term to expire 12-31-98 Charlie Honke for a term to end 12-31-99 Janet Perrin for a term to end 12-31-99 Cathy Kaufman for a term to expire 12-31-99. Motion carried, six ayes. Item 6-T Award Bid for West Medicine Lake Park Picnic Shelters Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-566 AWARDING BID ON PICNIC SHELTERS AT WEST MEDICINE LAKE PARK. Motion carried, six ayes. Item 8-A Possible Reconsideration of Land Use Guide Plan Amendment Motion was made by Councilmember Black, seconded by Councilmember Preus, to reconsider action taken on September 10 on the City of Plymouth application for land use guide plan amendment to reguide a 19.8 -acre parcel located in the northwest quadrant of Highway 55 and Dunkirk Lane from C Commercial) and LA -1 (Living Area 1) to LA -2 (Living Area 2) (96188). Mayor Tierney agreed that the item should be reconsidered. She explained that she voted against an LA -2 guiding because she preferred the action not be sent to the Metropolitan Council when there was no viable project for the site. She feels that LA -2 is appropriate for the site and that transition issues to the southerly parcel can be addressed in the future. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to call the question. Motion carried, six ayes. Motion to reconsider carried, six ayes. Councilmember Johnson said that the Council has not approved LA -3 guiding, LA -2 guiding, or a split LA -2 and LA -3 guiding for the site. She believes that, by default, the Council has reaffirmed the Commercial guiding for the parcel. She urged the Council to approve LA -2 guiding for the parcel because it would be an appropriate land use for the site and would provide a good transition. She believes that LA -2 guiding is appropriate transition to a highway. Regular Council Meeting September 17, 1997 Page 8 City Attorney Knutson explained that there is a motion on the table to approve LA -2 guiding for the site -- RESOLUTION 97-567 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND DUNKIRK LANE (96188). Motion was made by Councilmember Spigner to call the question. Motion failed for lack of a second. Councilmember Preus said that there has been constructive discussion between the developer and adjoining landowners since the previous meeting so he believes it would be beneficial to reconsider the issue. However, discussion on the reconsideration should be limited to the guiding issue -- not the comprehensive issue of plans for the site. Councilmember Black said that she is not convinced that LA -2 guiding is a good transition from a highway to an LA -1 residential area. Community Development Director Hurlburt described the history of guiding proposals for the parcel and the surrounding land uses. She said that the LA -2 guiding does provide a good transition to the single family homes to the north; however, the transition to Highway 55 is not as good. She said the corner of the subject property comes very close to Highway 55 and it is difficult to buffer the impacts. If LA -2 guiding is approved for the parcel, the developer will likely have to amend their proposed plan to eliminate some of the units in the portion of the site closest to Highway 55. LA -2 guiding will not solve all of the transition concerns because a transition issue will remain from the LA -2 guided property to the Commercial property to the south. Councilmember Preus noted that the land immediately to the west is commercial, with heavy wetlands, and very little developable area. Councilmember Black said that the parcel farther to the west is guided CO. That property may be surrounded by non-commercial, public, or residential property. She said that this entire stretch of property along Highway 55 could be lost for commercial use because it is not developable or because it is a significant distance from similar guided property. Community Development Director Hurlburt said that the long-term plan is for the access to Highway 55 to be eliminated. There will likely be some commercial development at Highway 55 and Dunkirk Lane; however, the type and intensity of that use is not known. Regular Council Meeting September 17, 1997 Page 9 City Manager Johnson said that the traffic studies have shown that the site to the south could not support an intense commercial use; therefore, the transition issues to the south may not be as severe as they could be in another commercial area. The City could encourage that the southerly site be platted as a PUD which could provide for additional buffer and transition. Councilmember Black said that she assumes if LA -2 is approved for the site, that traffic will be carefully considered along with the site plan for the site in order to ensure a safe intersection. Al Block represented Town and Country Homes. He said that one concern with the LA -2 guiding is the resulting close proximity of the southwest portion of the site to Highway 55. He showed a proposed plan which would remove six units from the southwest portion of the site. This area would be replaced with ponds and landscaping which would improve the buffer to Highway 55. Planting and berming along the southern portion of the property will buffer the site from the site to the south. Alan Napier, 16520 391h Avenue North, spoke in favor of the LA -2 guiding. He said that Town and Country Homes has demonstrated their ability to work with residents and with the Council. Councilmember Bildsoe thanked the developer and residents for working together on this development. He will support the LA -2 guiding, as earlier recommended by the Planning Commission. Motion carried, six ayes. Item 8-11 Housing Services, Inc. (97095) Community Development Director Hurlburt presented the application of Housing Services, Inc., for a Land Use Guide Plan Amendment from LA -3 Living Area 3) to LA -4 (Living Area 4) for Gramercy Park, located north of the intersection of 45"' Avenue North and Revere Lane. A 56 -unit senior housing complex is proposed. The property to the south is guided LA -4, property to the east is guided LA -3, land to the north is a City park, and property to the west is a single family neighborhood. She showed photographs of the surrounding area. A previous application for a 67 -unit senior housing complex on the site was withdrawn after the Planning Commission recommended against the proposal. At that time, the wetland delineations were incomplete. The applicant has submitted a new application for a 56 -unit senior housing complex, and the Planning Commission has recommended approval. She explained the changes made to the plan from the previous submission. Regular Council Meeting September 17, 1997 Page 10 Director Hurlburt said the requested change from LA -3 to LA -4 was evaluated based on location criteria, impacts on the Comprehensive Plan (including utilities, transportation, and housing), as well as site specific characteristics. The City Housing Plan calls for life cycle housing and more diverse housing, which this project will provide. Although the proposed development is within the LA -3 density, the LA -4 guiding is needed in order to have more than 12 units in a single building. The site is highly impacted by wetlands, and has many significant trees. Allowing all of the units to be clustered into a single building, reducing the parking, and placing the parking underground provides for the best protection of wetlands and trees. Councilmember Johnson said that some residents are concerned that the property could be reguided to LA -4 and then the developer would not proceed with the proposed plan. She asked if the Council could amend the Land Use Guide Plan conditional on the specific development proposal. Community Development Director Hurlburt said that although this was a past practice, the current staff and City Attorney do not believe conditional guiding actions are proper. She said that if the specific development would not proceed, the City could initiate a reguiding back to LA -3. She believes that LA -4 guiding is appropriate in order to cluster the units for the protection of the wetlands and trees. Councilmember Johnson said that the Council can address issues relating to buffers when considering the future development application for the site. Community Development Director Hurlburt said that the PUD resolution will contain a recommendation for a condition to ensure preservation of the buffer area, i.e. no changes to the trees. Councilmember Black asked about the difference in enforcement between a conservation easement and a PUD condition. City Attorney Knutson responded that they could both be placed as a condition on a development approval. A PUD is part of the Zoning Ordinance, and violation of a condition is a misdemeanor. A conservation easement could be enforced through a civil action. Michael Conlan, Housing Services Inc., sponsor of Gramercy Park Cooperative, said they accept the recommendation of staff and the Planning Commission. He explained that a cooperative is a resident -owned community where all residents own the entire building, and he cited advantages of cooperatives over other ownership options. Mr. Conlan said the Gramercy Regular Council Meeting September 17, 1997 Page 11 Park project in Rochester received a "Q Award" for outstanding residential design. He introduced local resident Don Carlson who worked on this process with 350 seniors interested in this project. Mayor Tierney noted that the number of units has been reduced from 67 to 56 and asked if this is a viable project. Mr. Conlan said that this was a concern during the early planning stages, but the project bidding has been combined with a larger project to make it feasible. Don Carlson, 12105 41" Avenue North, Apt. 204, said that he wants to live in an area with trees and wetlands. He introduced a group of senior citizens present who share an interest in the project. He thanked the City employees who have helped them with this project, as well as the property manager who has a concern for nature and people, and strives to balance both. He requested approval of the reguiding request. Eunice Bottem, 5224 44"' Avenue South, said that a balance must be kept between trees and people. She believes that tree requirements are a burden to developers and that some trees should be eliminated to build the building. Amy Meyer, 4660 Trenton Circle, expressed concern about the long-term effects of the proposed development on the water table and on traffic. Studies should be conducted on both issues. She said the neighborhood would welcome a senior development, and she wants to ensure there is open communication with the developer. Paul Shupanitz, 4600 Trenton Circle, said that this development proposal is a vast improvement over the original proposal for the site. He said that three issues need further work: 1) wetland mitigation and protection; 2) further reduction of building size; and 3) buffer to the abutting residences. He requested that a condition be placed on the development approval to require that the tree buffer be preserved in its current state. He urged the Council to use its high degree of discretion to ensure the best possible project on the site. Community Development Director Hurlburt explained that concerns were previously expressed that the building may raise water levels on the site causing damage to trees and nearby residential areas. A subsurface exploration geotechnical study was done for the property. Based on the report, there is no evidence that the building would impede water flows in the area. She said the drainage in the area is generally toward the wetlands on this property. Drainage issues will be reviewed at the time of building permit issuance. The proposed project will generate a low traffic volume and have Regular Council Meeting September 17, 1997 Page 12 very little impact on peak hour traffic. This use is the best that can be expected for the area with regard to traffic impacts. No traffic study was required because staff does not anticipate a negative traffic problem from this development. Director Hurlburt explained that a new delineation has identified additional wetlands in the southwest portion of the site. She said the configuration of the building is an attempt to better preserve the wetlands. This site does not require buffers, however, some are being provided. She showed the wetland area that would be filled and the mitigation area. There is about one-half acre of impacted wetlands on the site, but the best quality wetlands are preserved and there is sufficient mitigation. A future recommendation will be made to include a condition to preserve the tree area that serves as a buffer. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt RESOLUTION 97-568 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR HOUSING SERVICES FOR PROPERTY LOCATED NORTH OF 45TH AVENUE, EAST OF TRENTON CIRCLE, AND WEST OF NATHAN LANE (97095). Councilmember Black said that she supports LA -4 guiding for the site, but she would like there to be discussion on the issues raised by the residents before the site plan is considered. Motion carried, six ayes. Mayor Tierney called a five-minute break. Item 8-C Holiday Stationstore, Highway 169 and Betty Crocker Drive (97071) Community Development Director Hurlburt presented the application of Holiday Stationstores Inc., for a final plat, site plan, and conditional use permit to construct a 24-hour Holiday Stationstore at the northwest corner of Highway 169 and Betty Crocker Drive. She described the surrounding land uses and showed photographs of the site. The property contains a lot of wetland area, and the proposed project meets all City wetland and floodplain requirements. Access to the site would be at Ford Road and Betty Crocker Drive which is a busy intersection. The City has had an agreement with the City of St. Louis Park since 1992 to install traffic signals at this intersection. The project has been in Plymouth's Capital Improvement Program for several years, but the project has not yet been planned by the City of St. Louis Park. She explained that the Holiday Station is not generating the need for the traffic signals, but it does underscore the need for the signal project. Discussion has also been held on the landscaping and screening for this project. The abutting area to the north is planned for an apartment project and a fair amount of Regular Council Meeting September 17, 1997 Page 13 screening is proposed. The area to the southwest is developed as a condominium project and screening is provided there as well. Additional landscaping is recommended in the southwest portion of the site for improved screening. One of the primary conditions of the conditional use permit relates to hours of operation. The use meets all criteria for the conditional use permit, but the criteria provides that unless the Council approves otherwise, the hours would be limited to 6:00 a.m. to 11:00 p.m. Discussion was held at the Planning Commission hearing on whether a 24-hour operation would be detrimental to the surrounding residential area. The Planning Commission recommended approval of a 24-hour operation on a 5 to 1 vote, with one abstention. Councilmember Bildsoe asked about review of the proposed project by the City of St. Louis Park. Mayor Tierney responded that the Mayor of St. Louis Park informed her that St. Louis Park has added the signal improvements at Ford Road and Betty Crocker Drive to their Capital Improvement Program for 1999. Bobby Young, 1315 Westwood Hills Road, St. Louis Park Council member, confirmed this. He said that this will be about a $.5 million project for St. Louis Park, which includes widening the street and replacing watermain. Funding will not be available until at least 1999. In response to a question by Councilmember Preus, Director Hurlburt said that the Planning Commission recommended approval of a 24-hour operation. Mayor Tierney asked about cost sharing for the signal project. Community Development Director Hurlburt said that there is an existing agreement that clearly designates the responsibility of each city. Mark Nelson, Real Estate Director for Holiday Stationstores, introduced the property owner, Craig Freeman; Environmental Manager Bruce Anthony; and Regional Vice President Richard Johnson. He requested approval of a 24- hour operation, concurrent with the staff and Planning Commission recommendation. He said that a 24-hour operation is the essence of this type of business -- being the easiest provider of services when the customers want them. Mr. Nelson said that the store may not be open 24 -hours per day, 365 days per year, but they would like that flexibility as a business decision. He believes there is a need in this area for a 24-hour operation. Regular Council Meeting September 17, 1997 Page 14 Councilmember Spigner asked if an outside loudspeaker would be used for turning on the gas tanks and, if so, whether it would be used 24 -hours per day. Mr. Nelson said this feature is required to be available by state law, but they would agree not to use it except for an emergency. Councilmember Spigner asked how the lighting system would affect the condominium and apartment units southwest of this site. Mr. Nelson said that there should be no impact. The Holiday Station will emit less light than allowed at their property line. Councilmember Spigner asked about the internal traffic pattern and the headlights of vehicles entering and exiting the site. Mr. Nelson said there is a single access to the site, and most vehicles would face the Holiday building when dispensing gas. Councilmember Spigner asked if a single site access is allowed by code. Director Hurlburt responded yes. Sandra Huber, 330 Ford Road, St. Louis Park, represented her homeowner association. She said the association previously presented a petition with over 150 names opposing the 24-hour per day operation of a Holiday Station on this site. The association would also like more shrubs and trees in the southwest corner to lessen the noise and lighting impacts. It is her understanding that there are no other similar businesses in Plymouth which operate on a 24-hour basis that are this near residential property. She believes that lighting from the project will be a problem for individuals with second floor units. Phyllis Guberman, 35 Nathan Lane #206, said she collected 45 signatures on a petition opposing the 24-hour operation of this station. She believes that the station will have a negative impact on the community. She asked a series of questions: Why is the project being built on reclaimed wetlands so near Bassett Creek? Why hasn't a proposed building sign been posted? Why does the City feel there is a need for a Holiday on this site when there is an abundance of service stores in this area? How will the project enhance the neighborhood? What type of traffic studies have been done? How will the City keep juveniles out of the area? Have environmental studies been done? Why are only Holiday Stationstores built along Highway 55? She believes that the City is condoning a monopoly, and said the citizens should not be specially assessed for the traffic signal. Regular Council Meeting September 17, 1997 Page 15 Jean Dunn, 491 Shelard Parkway #3, spoke in opposition to the proposal. She is concerned about the increase in traffic, particularly during rush hours. She believes it will impact the quality of living in the area with respect to driving and walking, and does not believe that a traffic signal will help. Teresa Elveru, 8200 Normandale Blvd., Bloomington, represented Welsh Companies, the property manager for Willow Creek Plaza. She said that traffic signals are needed at this intersection, and she hopes that the installation can be done by next summer. She expressed some concerns about the potential of litter from the Holiday property and asked that this be addressed. Ms. Elveru also requested that the Willow Creek Plaza tenants not be negatively affected during construction. Sue Davies, 310 Ford Road South #4, St. Louis Park, said she is on the Board of Directors of the residential development southwest of the proposed Holiday site. She expressed concerns about the installation of underground gas tanks in a floodplain, the safety of the intersection, and the proximity of the development to the residential properties. If the project is approved, she requested that the hours of operation be limited and that the sound buffer be increased on the southwest portion of the site. She would like Holiday to pay for the entire cost of semaphore improvements. Community Development Director Hurlburt responded to resident questions and comments. She said that the proposed development will not impact the wetlands and there will be no filling of wetlands. The site is exempt from the Wetland Conservation Act requirements with respect to the buffers and setbacks; however, the project has an average wetland buffer of 20 feet. She said that the petitioner can speak to why this location was selected for the development. She said that development signs may not have been posted on the property because signs were not available at the time. Notice of the project was mailed to all owners within 500 feet of the site, including St. Louis Park residents. No traffic study was required for this development proposal. A traffic study done several years ago indicated that the warrants were met for a signal at Ford Road and Betty Crocker Drive. The need for a signal was warranted with no development on this site. She said that a letter suggesting that Holiday pay the entire cost of the semaphore improvements was sent to the City by a St. Louis Park city staff member, who was unaware of the long-standing cost agreement between the cities of Plymouth and St. Louis Park with regard to the signal. It would not be reasonable to require one business to pay this entire cost. She said that no Plymouth residents will be specially assessed for the signal cost, but she is unsure how St. Louis Park will address its share of the cost. She said that stop signs will remain in place until the signal improvements are completed. Regular Council Meeting September 17, 1997 Page 16 Public Safety Director Gerdes said that staff is willing to work with all 24- hour business operations in the community to address nuisance issues. He said that there have not been juvenile crime problems with respect to other 24 - hours service stations in the community. Community Development Director Hurlburt said that the wetland delineation has been completed and all code requirements have been met on tank placement. There is an ordinance requirement that the station provide litter control on a daily basis within 300 feet of the property. She said it is within the Council's authority to limit the hours of operation if the Council believes it has been demonstrated that a 24-hour operation would be a detriment to the neighborhood. Director Hurlburt said that there are several Holiday Stationstores in Plymouth. The stores on Cheshire Lane and South Shore Drive directly abut residential property. Mayor Tierney said that traffic at the Ford Road and Betty Crocker Drive intersection is difficult and a semaphore is overdue. She asked if Plymouth is ready to proceed with the project. Public Works Director Moore said that the project is in the City's Capital Improvement Program, and Plymouth has been prepared to proceed with the project since 1992. There are roadway and geometric improvements that have to be done in conjunction with the signals and right-of-way acquisition will be needed. Plymouth has done the needed right-of-way acquisition. St. Louis Park has been unable to acquire their needed right-of-way for the project. The cost-sharing agreement for the project between Plymouth and St. Louis Park has been in place since 1992. He said that much of the traffic impact in the area is due to the office uses on the south side of the roadway. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 97-569 APPROVING FINAL PLAT FOR HOLIDAY STATIONSTORES, INC., FOR HOLIDAYS BETTY CROCKER ADDITION FOR PROPERTY LOCATED NORTH OF BETTY CROCKER DRIVE AND WEST OF STATE HIGHWAY 169 97071). Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 97-570 APPROVING A SITE PLAN AND CONDITIONAL USE PERMIT FOR HOLIDAY STATIONSTORES, INC., FOR A CONVENIENCE GROCERY MARKET WITH MOTOR FUEL SALES LOCATED AT THE NORTHEAST QUADRANT OF HIGHWAY 169 AND BETTY Regular Council Meeting September 17, 1997 Page 17 CROCKER DRIVE (97071), with the hours of operation limited to 6 a.m. to 11 P.M. Councilmember Black said that Holiday Stationstore would be providing services partially due to businesses in the area. Most of the businesses would be closed by 6 p.m., and she believes that 6 a.m. to 11 p.m. is satisfactory. Community Development Director Hurlburt said that restaurants and two movie theater complexes in the area are open beyond 11 p.m. Councilmember Johnson said that individuals can get gasoline or other products before going to a movie or restaurant. She believes that there are enough 24-hour operations in the City to fulfill this need, and she will not support a 24-hour operation adjacent to a residential neighborhood. Councilmember Spigner referenced the conditional use permit standards. She believes that a 24-hour use in this location would be detrimental to the comfort of the public and would not allow enjoyment of one's property due to a loss of privacy and quietness. Councilmember Preus supported the 24-hour operation. He believes that the real focus of the issue is that no one wants a gas station on the site; however, they have a right to build there. He said this is a bad intersection, and the limitation on the hours of operation will not solve that problem. The store would be a convenience for nearby residents. He believes it is unfair to restrict hours on this store when similar businesses are open 24 hours. Mark Nelson asked that a 24-hour operation be allowed given the other activities in the area of hotel, office, restaurants, and theaters. If the hours are to be limited, he asked that the hours be established as 4:30 a.m. to midnight. Mayor Tierney suggested that the Council could also approve a 24-hour operation, subject to review in one year. Councilmember Preus asked if there could be legal problems with doing so. City Attorney Knutson responded that a conditional use permit is permanent, unless conditions are not met. He said that a specific condition could be reviewed after one year. Councilmember Spigner asked how a permanent permit could be changed or revoked after one year. Regular Council Meeting September 17, 1997 Page 18 City Attorney Knutson said the Council could approve a 24-hour operation which would be amended to restricted hours after one year, unless the Council agreed to retain the 24-hour operation based on review of nuisance characteristics. Councilmember Spigner said it would be better to approve the restricted hours now and consider a request from the business to extend hours after one year. Community Development Director Hurlburt said that the applicant can request an amendment to their conditional use permit at any time. Motion was made by Councilmember Johnson, seconded by Councilmember Preus, to amend the hours of operation from 5 a.m. to 1 i p.m. Councilmember Preus said that he will support the motion, but believes that a 24-hour operation should be allowed. Councilmember Black stated that these services are not a necessity at that time of day. She believes there is a need to preserve some quiet time in the neighborhood. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to call the question. Motion carried, six ayes. Motion to amend carried, six ayes. Councilmember Bildsoe said that the major problem in this area is traffic. The City of Plymouth has worked to mitigate the traffic issue by including the signal improvements in the Capital Improvement Program. He suggested that residents speak to St. Louis Park to encourage them to do the same so the project can proceed. Main motion as amended carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to direct staff to prepare additional findings of fact for consideration at a future meeting. Motion carried, six ayes. Councilmember Johnson noted that the applicant can request an amendment to the conditions at any time. Item 8-1) (6-D) Walsh Construction Company (97101) Councilmember Spigner asked why a seven foot high barb wire fence is being requested along Highway 55. Regular Council Meeting September 17, 1997 Page 19 Community Development Director Hurlburt explained that the fence would be an extension of a security fence that currently exists on the property. The extension does not face Highway 55. It is located on the side and rear of the property, over 300 feet from Highway 55. This building has two front yards on Industrial Park Blvd. and on Highway 55. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to table the issue to the next meeting. Councilmember Spigner said that she would like to know if there are other similar fences on Industrial Blvd., and would like to hear from the company why the seven -foot high barb wire fence is needed. Motion to table failed: Spigner aye; five nays. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-571 APPROVING A CONDITIONAL USE PERMIT AND AN INTERIM USE PERMIT FOR WALSH CONSTRUCTION COMPANY OF ILLINOIS TO ALLOW CONSTRUCTION OF A 7 -FOOT HIGH BARB -WIRE FENCE AT PROPERTY LOCATED AT 13005 STATE HIGHWAY 55 (97101). Motion carried: Black, Bildsoe, Preus, and Tierney ayes; Johnson and Spigner nays. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to suspend the rules and set the adjournment time at 10:30 p.m. Motion carried: Bildsoe, Johnson, Black, and Tierney ayes; Preus and Spigner nays. Item 8-E (6-G) Pike Lake Woods (97079) Community Development Director Hurlburt presented the application of Landform Engineering Company for rezoning from C-2 and FRD to PUD, Preliminary Plat and PUD General Plan for property located north of Bass Lake Road, east of Hemlock Lane, west of Zachary Lane and south of the Eagle Lake Regional Park. The plan proposes 17 townhomes and one existing commercial building. Access is provided from County Road 10. Staff and the Planning Commission recommend approval of the application. Over 10 years ago, the property was conditionally approved for a higher density residential use; however, there was no final development proposal. In response to a question from Councilmember Johnson, Community Development Director Hurlburt responded that the units would be one -level and could be handicap accessible. Regular Council Meeting September 17, 1997 Page 20 Councilmember Black said that this proposal is in her ward and she has heard no objections to the proposal. Steve Johnston, President of Landform Engineering Company, was present to respond to questions. Tom Belting, 5340 Yorktown Lane, represented Pike Lake Woods, Inc., and was present along with Greg Frank to respond to questions. Attorney Jerry Brill represented the American Swedish Institute, owner of the property immediately west of the subject property. He said they do not oppose the project but are concerned that the project approval does not prejudice the Swedish Institute property in terms of creating limitations on its future development. He believes that several issues should be considered in a joint manner before final approval. He explained that the Swedish Institute had a proposal in 1986 to develop a senior congregate housing project on the two sites combined and a conditional LA -4 guiding was approved. The guiding has now lapsed to Commercial. Mr. Brill said the Swedish Institute has now entered into a purchase agreement with Mike Gould, but no formal application has yet been submitted. He introduced Mike Gould, Steve Farber, and Greg Frank to discuss past and proposed development of the adjacent property and the physical features which require joint work between the properties. Councilmember Spigner asked if this information was presented to the Planning Commission. Councilmember Johnson questioned if the information is directly related to the issue currently under consideration. Mr. Brill said that access to the property is the biggest issue. Community Development Director Hurlburt explained that the proposed plan includes a cul-de-sac to the Swedish Institute property to the west. The cul- de-sac could be eliminated and the road extended to the property to the west. The road is not required to be extended at this time because the abutting property has current access to County Road 10. Councilmember Black said that there are at least two possible accesses to the adjacent Swedish Institute property. She asked for someone to describe the difficulty. Greg Frank, McCombs Frank Roos Associates, said the westerly property is guided commercial and has a potential access from the subject parcel as well as access from Bass Lake Road. He said that if the westerly property develops Regular Council Meeting September 17, 1997 Page 21 as Commercial or a higher density residential, it may not be favorable to have access through the lower density easterly parcel, and retaining the Bass Lake Road access is very important. He asked that the Council affirm that the access from Bass Lake Road will be retained. He said that the County ultimately has jurisdiction over the Bass Lake Road access, but requested that the City go on record to support retention of this access in the future. Councilmember Johnson questioned whether this would be appropriate. Public Works Director Moore explained that the westerly property is currently vacant and has no access except for farming purposes. He recommended that access should not be addressed until a development proposal is made. Greg Frank said that part of the Swedish Institute parcel is guided Commercial. If the access to Bass Lake Road is eliminated in the future, the only access will be through the subject parcel. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt ORDINANCE 97-24 AMENDING CHAPTER 21 OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF BASS LAKE ROAD, EAST OF HEMLOCK LANE, WEST OF ZACHARY LANE, AND SOUTH OF EAGLE LAKE REGIONAL PARK AS PUD (PLANNED UNIT DEVELOPMENT) (97079), RESOLUTION 97-572 APPROVING FINDINGS OF FACT FOR REZONING FOR PIKE LAKE WOODS, INC. FOR PROPERTY LOCATED NORTH OF BASS LAKE ROAD, EAST OF HEMLOCK LANE, WEST OF ZACHARY LANE, AND SOUTH OF EAGLE LAKE REGIONAL PARK (97079), and RESOLUTION 97-573 APPROVING PRELIMINARY PLAT AND PUD GENERAL PLAN FOR PIKE LAKE WOODS, INC. FOR PROPERTY LOCATED NORTH OF BASS LAKE ROAD, EAST OF HEMLOCK LANE, WEST OF ZACHARY LANE AND SOUTH OF EAGLE LAKE REGIONAL PARK (97079). Councilmember Johnson requested that the petitioner include information on possible future development of the westerly property in the sales materials. Motion carried, six ayes. Item 9-A Wayzata High School Councilmember Bildsoe said there has been a major traffic problem in the area of Wayzata High School area since its opening. He said that Old Regular Council Meeting September 17, 1997 Page 22 Rockford Road is one of the affected areas, and a speed limit analysis has been requested on that roadway to determine the appropriate speed limit. The City will also be considering a traffic study of Old Rockford Road to consider school alert signals at Kimberly Lane Elementary School, potential stop signs at Dunkirk Lane and Old Rockford Road, and a sight analysis. Public Safety Director Gerdes described the traffic control assistance provided during the first week of school. Public Works Director Moore said the critical intersection is Peony Lane and Old Rockford Road, which is currently a two-lane roadway. The City is considering turn lanes for the intersection and a temporary traffic signal for the intersection to be installed yet this fall. Item 9-11 Update on AMM Transportation Study Mayor Tierney provided information to the Council from the AMM relating to proposed legislation on speed limits and electronic speed control devices. Item 9-C Assessment Committee Meeting Councilmember Bildsoe directed staff to schedule a meeting of the Assessment Subcommittee. Item 9-E Zachary Lane Turn Lanes Councilmember Black provided the Council with information on Zachary Lane. Previous Planning Commission and City Council minutes indicate that turn lanes are a possibility; although residents now indicate that there was no previous discussion or record of turn lanes as part of the reconstruction project. Item 9-F Cities Week Councilmember Johnson announced that October 6 through 10 is Cities Week. The LifeTime Fitness Center/Plymouth Ice Arena Grand Opening will be held on October 17, 18, and 19. She is working on inclusion of a "City Celebration" in the events. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adjourn the meeting at 10:30 p.m. Motion carried, six ayes. Laurie Ahrens City Clerk