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HomeMy WebLinkAboutCity Council Minutes 11-09-2004Adopted Minutes Regular Council Meeting November 9, 2004 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:07 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on November 9, 2004. COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Hewitt, Slavik, Stein, and Neset. ABSENT: Councilmember Bildsoe. STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, City Engineer Faulkner, Finance Manager Jacobsen, Housing Manager Barnes, Financial Analyst Kohn, City Planner Drill, Park and Recreation Director Blank, Police Chief Goldstein, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Caroline Haase, representing the West Medicine Lake Community Club, requested that a condition in their liquor license prohibiting signage other than one sign be removed. She explained that they conduct a variety of events such as pancake breakfasts and craft shows, and they are unable to sign their events or display directional signage to their location. She stated these events have had poor attendance due to this condition on their liquor license. Mayor Johnson stated that she and Councilmember Stein would be willing to meet with her on this issue. Presentations and Public Information Announcements 4.01) Proclamation Declaring November 13-20 as "Housing Week" Mayor Johnson read the Proclamation Declaring November 13-20 as "Housing Week." Representatives from Interfaith Outreach and Community Partners, Bob Fisher, and Mayor Johnson spoke of the Mayor's Housing Challenge on November 19. 4.02) Proclamation of "America Recycles Day" Councilmember Black gave a presentation on recycling opportunities. Mayor Johnson read the Proclamation declaring November 15 as "America Recycles Day." Adopted Council Minutes Regular Meeting of November 9, 2004 Page 2 of 13 4.03) Announcement of Business Watch Program Police Chief Goldstein and Officer Haseman reported on the Business Safety Academy and the Business Watch Program. 4.04) 2004 General Election Mayor Johnson congratulated Councilmembers Hewitt and Stein on their re-election as well Jim Willis for being elected to the At Large Council seat. She stated the City experienced 85% voter turnout compared to the Statewide average of 77%. In addition, there were 8,117 new registrations to bring the City's total registered voter count to 49,334. Approval of A¢enda Mayor Johnson added to the agenda the request for a speed study of Vicksburg Lane as item No. 8.45 under General Business. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Aeenda Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to approve the Consent Agenda, which included the following items: 6.01) Resolution Approving Disbursements for the Period Ending October 29, 2004 (Res2004- 460). 6.02) Resolution Receiving Petition and Ordering Preparation of Preliminary Report for 47'11 Avenue West of Underwood Lane Street and Utility Improvements (4141 — Res2004-461). 6.03) Resolution Approving a Site Plan Amendment and Variance for Bonestroo Rosene Anderlik for the Silver King Refridgeration Property located at 1600 Xenium Lane North 2004119 — Res2004-462). 6.04) Resolution Approving Final Plat and Development Contract for "Plymouth Office Plaza" located south of Old Rockford Road and west of Peony Lane (2004051-F — Res2004-463). 6.05) Resolution Approving Special Assessment Agreement and Adopting Assessments for property located at 5125 Pineview Lane North (Res2004-464). Adopted Council Minutes Regular Meeting of November 9, 2004 Page 3 of 13 6.06) Resolution Approving Temporary 3.2 Liquor License for St. Mary of the Lake Catholic Church (Res2004-465). 6.07) Resolution Authorizing an Amendment to the Radiological Response Contract with the State of Minnesota (Res2004-466). 6.08) Ordinance Amending Section 720.17 of the Plymouth City Code Adopting Revised Water Utility Fees (Ord2004-26). 6.09) Ordinance Amending Section 715.05 of the Plymouth City Code Adopting Revised Sanitary Sewer Utility Fees (Ord2004-27). 6.10) Resolution Accepting Streets for Continual Maintenance for Paula's Place (2001017 — Res2004-467). 6.11) Resolution Accepting Donation from the Plymouth Seniors (Res2004-468). 6.12) Resolution Receiving Pre -Design Report, Designate Engineer, Approving Engineering Services Agreement and Order Plans and Specifications for Bass Lake Lift Station Upgrades 4116 — Res2004-469). 6.13) Resolution Approving Encroachment Agreements for Retaining Wall at 5115 and 5125 Ives Lane (Res2004-470). Councilmember Hewitt thanked the Plymouth Seniors for their donation (item No. 6.11). The motion carried to approve the amended Consent Agenda. Public Hearings There were no public hearings scheduled). General Business 8.1) Award Sale of General Obligation Water Revenue Bonds Finance Manager Jacobsen reported on the bids received for the $13,140,000 General Obligation Water Revenue Bonds. He recommended the bid be awarded to Citigroup Global Markets at a true interest rate of 3.823%. Adopted Council Minutes Regular Meeting of November 9, 2004 Page 4 of 13 Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to ado] a Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $13,140,000 General Obligation Water Revenue Bonds, Series 2004B (Res2004-471). With all members voting in favor, the motion carried. 8.2) Rezoning, Preliminary Plat, Site Plan, Interim Use Permit, and Variances for Plymouth Crossing" (property located at the southwest corner of the intersection of Schmidt Lake Road and Northwest Boulevard — 2004116) Community Development Director Hurlburt illustrated Heritage Development of Minnesota's proposed "Plymouth Crossing" project at the southwest corner of the intersection of Schmidt Lake Road and Northwest Boulevard. She stated there would be three 10 -unit multiple -family structures. She stated that 20% of the units would be affordable without any contingencies on receiving additional State, County, or City assistance. She stated there would be underground parking for the units, 13 surface spaces as well as plans for 12 on -street parking spaces. Michael Moriarty, from Heritage Development, and John Dierbeck, from Argus Homes, illustrated the design of the units and stated they have tried to create an amenity that would allow attractive streetscape with porches as well as utilizing underground parking. Councilmember Hewitt asked where guest parking would be located. Community Development Director Hurlburt stated there would be approximately 13 spaces scattered throughout the development as well some on -street parking on Underwood Lane. She noted that there are similar developments in the City that have less parking than this development, and part of the issue with this development is that almost half of the site is impacted by a wetland. The development has been laid out to preserve that portion of the site. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located on the Southwest Confer of the Intersection of Schmidt Lake Road and Northwest Boulevard (2004116 Ord2004-28), Resolution Approving Findings of Fact for the Rezoning of Property located on the Southwest Corner of the Intersection of Schmidt Lake Road and Northwest Boulevard 2004116 — Res2004-472), Resolution Approving a Preliminary Plat for Heritage Development of Minnesota for "Plymouth Crossing," a 30 -Unit, Multiple -Family Development located on the Southwest Corner of the Intersection of Schmidt Lake Road and Northwest Boulevard (2004116 Res2004-473), and a Resolution Approving a Site Plan, Interim Use Permit and Variances for the Heritage Development of Minnesota to Allow the Construction of "Plymouth Crossing" a 30 - Unit Multiple Family Development located at the Southwest Corner of the Intersection of Schmidt Lake Road and Northwest Boulevard (2004116 — Res2004-474). With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of November 9, 2004 Page 5 of 13 8.3) Reconsideration of October 26, 2004 Approval of Comprehensive Plan Amendment to Adopt 2005-2009 Capital Improvement Program (CIP) related to Traffic Signal at Shenandoah/251h Avenue and Vicksburg Lane (2004114) Mayor Johnson stated she requested that the CIP be amended to allow moving the improvements to the intersection of Vicksburg Lane and Shenandoah Lane, scheduled for 2006, to become part of the traffic signals' project scheduled for 2005. She stated the intersection of Vicksburg Lane and Shenandoah Lane is a location identified in the Vicksburg Lane Corridor Study prepared in 2004 as a candidate for a traffic signal. This project would provide a protected crossing for pedestrians and create gaps in Vicksburg Lane traffic facilitating access for other cross streets. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to reconsider this item. With all members voting in favor, the motion carried. Community Development Director Hurlburt spoke of a revised Resolution that was given to the Council this evening to amend the CIP schedule to allow for the detention pond at Parker's Lake project to be scheduled in 2005 and the Medicine Lake pond project for 2008. She stated the scheduling of these projects would coincide with the Bassett Creek's CIP. Motion was made by Mavor Johnson, and seconded by Councilmember Slavik, to adopt an amended Resolution Approving 2005-2009 Capital Improvement Program incorporating the above changes (Res2004-475). Judie Evans, 2205 Shenandoah Lane North, discussed her concerns regarding 22"a and Vicksburg Lane intersection. She stated that the speed limit on Vicksburg Lane is 50 mph, but motorists travel at 60 mph. She stated the proposed signal at this intersection isn't going to assist with that problem. Mayor Johnson stated that the Council is aware of the above issues. She stated the Council would be considering the request for a speed study on Vicksburg Lane as item No. 8.45 on the agenda. There being no further discussion and with all members voting in favor, the motion carried. 8.4) Authorization for Bump Outs on Vicksburg Lane at the Wayzata Central Middle School Crosswalk Motion was made by Mayor Johnson, and seconded by Councilmember Slavik, to direct staff to install bump outs on Vicksburg Lane at the Wayzata Central Middle School crosswalk. With all members voting in favor, the motion carried. 8.45) Request Minnesota Department of Transportation for Speed Study on Vicksburg Lane Adopted Council Minutes Regular Meeting of November 9, 2004 Page 6 of 13 Motion was made by Councilmember Hewittand seconded by Councilmember Slavik to adopt a Resolution Requesting the Minnesota Department of Transportation to conduct a Speed Zone Study on Vicksburg Lane from Old Rockford Road to County Road 6 (Res2004-459). With all members voting in favor, the motion carried. 8.5) Rezoning, Preliminary Plat and PUD General Plan for the Redevelopment of the Southwest Corner of State Highway 55 and Vicksburg Lane (2004112) Senior Planner Drill reported on the requested rezoning, preliminary pat, and PUD General Plan approval for the redevelopment of the southwest comer of State Highway 55 and Vicksburg Lane. He explained the preliminary plat would divide the 28.7 -acre site into six lots. The PUD General Plan would be for Phase 1 of the project which would consist of a 230,081 square foot retail commercial center, anchored by Lowe's Home Improvement Store, for the C -guided land located in the north 23.9 acres of the site. The remaining LA -4 guided land in the south portion of the site would be Phase 2 and would include a senior housing building or daycare center separate approval of a PUD General Plan would be required in the future for that parcel). Under the proposal, the 213,000 square foot industrial building that presently exists on the site would be removed. He stated the Council provided informal comments on the sketch plan in June, and the PUD General Plan has incorporated those comments. He stated since that meeting, the City's Housing and Redevelopment Authority (HRA) has completed a housing feasibility study, and they would purchase from CSM the south portion of the site that would be used for senior housing. He noted that the Council had voiced their concern of a McDonald's being located on Lot 5 of the development. CSM has honored that request and is working with a coffee shop to occupy that space. He stated the main access to the site would be at the Vicksburg Lane and 32"d Avenue intersection where a traffic signal would be provided. Additionally, a service drive would be located along the south boundary of the site (entering from the Medina Road right-of-way) for delivery trucks and for access to the Phase 2 parcel. The service drive would accommodate site circulation and assist to reduce conflicts by separating buck traffic and Phase 2 development traffic from the customer traffic at the main site entrance. The service drive would also provide secondary site access for emergency vehicles. CSM and Lowe's have agreed to a condition that the service drive not be used for truck deliveries between the hours of 11:00 p.m. and 7:00 a.m. He noted the nearest single-family home to the south would be located approximately 250 feet from the service drive and would be screened by mature trees on a large existing berm. He discussed the proposed traffic improvements that would be made to the Highway 55/Vicksburg Lane intersection. These improvements would be considered as part of the 2005 Capital Improvements Program (CIP) with tax increment financing (TIF) as the source of funds for the improvements. He stated the improvements would consist of northbound, eastbound, and westbound dual left -turn lanes at the intersection of Vicksburg Lane and Highway 55, modification of the existing traffic signal at Highway 55, and installation of a traffic signal at the Adopted Council Minutes Regular Meeting of November 9, 2004 Page 7 of 13 intersection of Vicksburg Lane and 32nd Avenue. He stated the eastbound and westbound approaches at Vicksburg Lane and 32nd Avenue would be striped to provide a left turn lane and shared through/right turn lane. Dual left -turn lanes would be needed for the eastbound approach. In addition, a southbound right turn lane would be needed at this intersection due to the high right -tum volume. CSM would be responsible for 25% of this cost, which would amount to approximately $75,000. He stated the HRA has started the process of establishing a (TIF) redevelopment district to assist in the cost of the required transportation improvements and possibly for acquisition of the LA -4 south parcel for a senior housing project if approved by the Council. The Council would conduct a public hearing and consider the TIF redevelopment district at their November 23 meeting. He commented that the loading dock for Lowe's would be 1,200 feet from the residential area to the south, which exceeds the City's requirement. He spoke of the two water quality ponds located on the site, and the development would conform to the City's requirements for drainage. He noted the high quality wetland to the south and since a portion of that comes into the site, they would be mitigating that on the northwest part of the site. He spoke of the architectural standards for the buildings in the development and the signage and lighting standards. John Gelderman, from CSM Investors U, Inc., provided a visual image of the site and discussed the architecture of the buildings, the landscaping, entrances, etc. He stated the McDonald's was deleted and was replaced with a Dunn Bros. Coffee shop with a drive-thru. A discussion, initiated by Mayor Johnson, occurred on the hours of the service road in comparison to the hours that Lowe's would be open (6:00 a.m.-11:00 p.m.). Dan Moylan, from Lowe's Companies, Inc., stated they requested the 6:00 a.m. opening time so that their employees could arrive early to set up the displays both inside and outside the store before the customers arrive. He stated due to the Home Depot's zoning, which is their competitor, they have the potential to be open 24 hours, and Lowe's needs to remain competitive with them which is why they are requesting the 6:00 a.m.-11:00 p.m. store hours. Community Development Director Hurlburt commented there would be no restrictions on the main loading area on the north side of Lowe's, only on the service drive. Councilmember Hewitt asked if a future Council were to place Medina Road back on the City's Transportation Plan and it was extended, what portion of the berm would be left. Community Development Director Hurlburt replied the proposed berm occupies half of the Medina Road right-of-way; therefore, there would be no berm left. She stated the berm hasn't actually been designed yet, but they could look at retaining a portion of it. Adopted Council Minutes Regular Meeting of November 9, 2004 Page 8 of 13 Mayor Johnson asked if the parking spaces are striped for standard stalls. Senior Planner Drill replied yes. Councibnember Hewitt noted that they are short of the required parking spaces, and if the coffee shop would be removed, would that assist in obtaining the correct number of parking spaces. Senior Planner Drill stated no, as that would only provide an additional 15 to 20 parking spaces. Councilmember Slavik referred to condition No. 19 of the PUD Resolution regarding outdoor display areas, and she asked if this condition could be amended in the future. Senior Planner Drill stated they could make application, and it would require a public hearing. Councilmember Slavik suggested that regarding condition No. 22 of the PUD Resolution, the City inserts the percentage of the costs that would be the responsibility of the developer intersection improvements at Vicksburg Lane and 32°d Avenue). Councilmember Slavik asked with condition No. 6 of the PUD Resolution regarding the use of outdoor loudspeakers, would they comply with the City's Noise Ordinance. Senior Planner Drill replied yes. Councilmember Slavik stated if the TIF wouldn't be approved, would the HRA still be able to purchase the south portion of the site. Community Development Director Hurlburt replied no. Councilmember Slavik asked how the City could be assured that there wouldn't be a McDonald's in this development. Senior Planner Drill replied the Council could incorporate language in the Rezoning Ordinance to that effect. Mr. Gelderman added that that would be acceptable to him. Mayor Johnson asked Mr. Gelderman what the current retail market is for the medium sized retail use on the site. Mr. Gelderman replied the retail market is vibrant in the metro area. He stated what makes it extremely difficult for Plymouth in attracting department stores is the proximity of Ridgedale and the Maple Grove shopping areas to Plymouth. He stated there are interested parties considering this site as well as the strip mall on County Road 9. He stated he isn't concerned that he wouldn't have the tenants necessary to occupy the areas. Mayor Johnson asked Mr. Gelderman if he is comfortable with condition No. 16 of the PUD Resolution regarding the City's draft lighting Ordinance. Mr. Gelderman replied yes. Community Development Director Hurlburt informed the Council that the lighting Ordinance would be on November 23 meeting agenda. Mayor Johnson noted email correspondence received from Jim Willis, 16511 26h Avenue North, and Donn Sandell. Adopted Council Minutes Regular Meeting of November 9, 2004 Page 9 of 13 Clint Faust, 2870 Weston Lane, suggested that the berm be off the right-of-way and north of the right-of-way, since the future of Medina Road is unknown. He requested that TIF not be used for this project. He requested that the traffic restrictions not be exclusively for deliveries but also for maintenance and other vehicles used for the ongoing support of the business operations. He suggested that the service road hours be further limited from 9:00 p.m. to 9:00 a.m. He requested that the PUD Resolution contain a condition that there be a 25 -foot water fountain in the development. He requested that taller trees be planted throughout the development. He suggested that there not be a drive-thru for the coffee shop. He requested that the name of the development be changed to "Maple Creek Shops." He encouraged 12 -foot wide sidewalks throughout the development, versus 10 -foot wide sidewalks. He suggested that bike trail access and bike racks be incorporated in the development. He asked if there could be the potential to use the water quality ponds for ice skating in the winter. He requested there be no outdoor display areas for Lowe's or other businesses. He stated the northeast corner of the development is being portrayed as a nice area to relax; but due to the busy Highway 55/Vicksburg Lane intersection, he suggested this be shifted to the inside of the development to shelter people from the wind and noise. The Council discussed each of Mr. Faust's concerns/suggestions. Community Development Director Hurlburt clarified the use of TIF for this project, and she stressed the traffic improvements are needed with or without this development. Therefore, it's an advantage to be able to utilize TIF funds in order to minimize the amount of general fund dollars for those improvements as well to purchase the south portion of the site for the proposed senior housing project. She stated regarding the trails, the existing trail on Vicksburg Lane would be maintained, and the development would connect to it. Mayor Johnson asked Mr. Gelderman if they would support using the water quality ponds for ice skating. Mr. Gelderman replied due to the levels of the water varying so much, they wouldn't want that liability. Mayor Johnson asked about the patio area on the northeast corner of the site that Mr. Faust referred to. Mr. Gelderman explained there would be a 10 -foot wide sidewalk in front of the building so any of the outdoor seating would need to be facing the corner so people would have the option of sitting in the sun or the shade. He stressed that this is a visual courtyard and a showpiece for the development. They intentionally placed the water fountain there so it would be more dramatic. Councilmember Stein asked if there would be signage in the courtyard. Mr. Gelderman replied that they haven't discussed this in detail, but they could do whatever the Council would like to do. They would like to have the signage integrated into the landscaping and be "low key." Mayor Johnson asked Lowe's if they would support changing the hours of the service road as Mr. Faust suggested. Mr. Moylan replied this really wouldn't be an issue as Lowe's closes at 10:00 p.m. He clarified that the majority of their delivery trucks are small panel trucks, not 18- Adopted Council Minutes Regular Meeting of November 9, 2004 Page 10 of 13 wheelers. He stated they want the flexibility to open at 6:00 a.m. and close at 11:00 p.m. so they can remain competitive with their main competitor, Home Depot, who has the flexibility to be open 24 hours. Brad Biggs, 1614 38`" Avenue North, stated the developer should be responsible for the traffic improvements rather than using TIF. Susan Henderson, 4000 Black Oaks Lane, member of the City's HRA, commented that as a citizen, she is very impressed with the design of the development. As an HRA Commissioner, they are responsible for locating and creating affordable housing in the City. She stated this is very difficult as land values are so high in the City. She stated this would be a perfect location for senior housing due to all the activities and services this development would provide. Jenny Hibbard-Flansburg, 5050 Holly Lane North, member of the City's HRA, echoed Ms. Henderson's comments. Stephen Ludovissie, 12540 54`x' Avenue North, member of the City's HRA, concurred with the above comments. He emphasized the economic development opportunities that this development would create. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adopt an Ordinance Amending Chapter 21 of the City Code to Classify 28.7 Acres of Land located at the Southwest Corner of State Highway 55 and Vicksburg Lane, and to Establish a Planned Unit Development District (2004112 — Ord2004-29), Resolution Approving Findings of Fact for Rezoning of Land located at the Southwest Comer of State Highway 55 and Vicksburg Lane 2004112 — Res2004-478), Resolution Approving a Preliminary Plat for CSM Equities, LLC for Property located at the Southwest Comer of State Highway 55 and Vicksburg Lane (2004112 — Res2004-476), and a Resolution Approving a PUD General Plan for CSM Equities, LLC for Property located at the Southwest Comer of State Highway 55 and Vicksburg Lane with condition No. 7 to be reworded to "truck traffic" versus "truck deliveries" and condition No. 18 to state "seasonal outdoor storage and tent sales in the parking lots are prohibited" (2004112 — Res2004-477). Councilmember Stein asked if they could limit the use of the outdoor loudspeakers. Community Development Director Hurlburt suggested that the use of outdoor loudspeakers be limited to the hours of operations for the businesses. Councilmember Black commented on a recent complaint of the use of the outdoor loudspeakers at the Holiday Station on County Road 9. Staff approached the Holiday Station about the complaint, and it was resolved. She noted that with this development there is more buffering and further distance from the residential development versus the Holiday Station on County Road 9. Adopted Council Minutes Regular Meeting of November 9, 2004 Page 11 of 13 Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to remove condition No. 17 of the PUD Resolution so outdoor displays would be prohibited. Councilmember Hewitt stated she doesn't support outdoor displays, as they don't project a good appearance. Mr. Gelderman stated there has been a lot of discussion on the use of outdoor displays, and in order for Lowe's to be competitive, outdoor displays are necessary. He noted that Lowe's has even "scaled back" from what Home Depot currently has. He noted that they haven't only addressed the size of the sidewalks in the front of their store, but there are separate paving patterns in the concrete to make sure that the sales areas are regulated. In addition, they have added landscaping islands around those sales areas. Councilmember Slavik stated she doesn't understand why it is an issue of non -competitiveness. She stated she prefers to walk into a store where there aren't outdoor display areas. She also feels that this development should conform to higher standards. Ted Simon, director of Real Estate for Lowe's, stated how they approach their business, which is different than their competitors. They do need to have outdoor display areas in order to be competitive. He stated their outdoor display areas are attractive displays, not bulk display areas. The Council voted on the motion and with all members voting against the motion but Hewitt and Slavik, the motion failed. Councilmember Hewitt asked if the service road hours and Lowe's store hours could be the same. She suggested that the store open at 7:00 a.m. rather than 6:00 a.m. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to restrict the hours of operation from 7:00 a.m. to 11:00 p.m. at Lowe's with the exception of Walgreen's and full service restaurants where their liquor license is tied to the hours of operation. Councilmember Hewitt stated the hours of operation could conflict with the senior housing. Mr. Gelderman commented that Lowe's is already being restricted, and this could make it even more difficult for them. Mr. Simon agreed. Councilmember Slavik stated there is a clear distinction between the Home Depot Store and Lowe's as this development is adjacent to a residential neighborhood. The Coimcil voted on the motion and with all members voting against the motion but Hewitt and Slavik, the motion failed. Adopted Council Minutes Regular Meeting of November 9, 2004 Page 12 of 13 Councilmember Black asked if the City has a right-of-way agreement or easement for the berm. Community Development Director Hurlburt replied if the plan would be approved this evening, there would be an encroachment agreement for the November 23 meeting. Councilmember Hewitt stated regarding the berming, if Medina Road would ever be extended it would impact that berm. Therefore, she suggested that the berming be placed on CSM's property, on the backside of Lowe's. Community Development Director Hurlburt stated that would be a drastic change to the Preliminary Plat, as everything would need to be changed with respect to the location of the Lowe's building and the parking lot. Councilmember Black stated the adjacent residential development is 1,000 feet from this development. If the berm were to be removed, what would prevent the placement of a fence to block the view and headlights in order to buffer this development from the residential development? Community Development Director Hurlburt stated that could be possible, but the City would need to evaluate the status of the existing vegetation available. Motion was made by Councilmember Hewitt, and seconded by Cormcilmember Slavik, to direct staff to begin the process of vacating the right-of-way for Medina Road. Councilmember Black asked who would own the property if it's vacated. Community Development Director Hurlburt replied half would go to the City, and other half would go to CSM. If any future Council desired to put Medina Road through, they would need to purchase that property. Mayor Johnson requested a friendly amendment to the motion that staff would expedite this so the Council could consider it in December. This was accepted by Councilmembers Hewitt and Slavik. With all members voting in favor but Stein, the motion carried. Motion was made by Councilmember Hewitt to eliminate Lot 5 (drive-thru business use). This motion failed for lack of a second. Motion was made by Councilmember Hewitt, and seconded by Councilmember Johnson, to eliminate the drive-thm use for Lot 5. Mr. Gelderman asked what the issue is as they have agreed to a restriction that there wouldn't be a McDonald's or any fast food business there. Councilmember Hewitt stated this could create traffic issues within the development. The Council voted on the motion and with all members voting against the motion but Hewitt and Johnson, the motion failed. Adopted Council Minutes Regular Meeting of November 9, 2004 Page 13 of 13 Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to amend Subd. 3 of Section 21655.34 of the Rezoning Ordinance to state that "all retail uses allowable in the C-4 District, except that convenience (fast) food restaurants, as defined by the Zoning Ordinance, that include drive thin service shall be prohibited." With all members voting in favor but Neset, the motion carried. A discussion was held on being more specific with conditions 4 and 22 of the Preliminary Plat Resolution on what percentage CSM would be required to pay for the traffic improvements. Motion was made by Councilmember Stein, and seconded by Councilmember Slavik, to amend With all members voting in favor but Johnson, the motion carried. The Council voted on the amended main motion and with all members voting in favor but Hewitt, the motion carried. Motion was made by Councilmember Slavik, and Black seconded a motion to adopt a Resolution Approving Wetland and Replacement Plan Application for Shops at Plymouth Creek (2004112 — Res2004-479). With all members voting in favor but Hewitt, the motion carried. Reports and Staff Recommendations There were no Reports and Staff Recommendations). Adjournment Mayor Johnson adjourned the meeting at 11:13 p.m. jiv,41 Aj aj S dra R. Paulson, City Clerk