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HomeMy WebLinkAboutCity Council Minutes 08-12-2003Adopted Minutes Regular Council Meeting August 12, 2003 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 12, 2003. COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Hewitt, Slavik, Bildsoe, Neset, and Stein. ABSENT: Councilmember Stein. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, Police Chief Gerdes, Finance Director Hahn, Public Works Director Faulkner, Park and Recreation Director Blank, Planning Manager Senness, Public Services Manager Qvale, Housing Manager Barnes, City Attorney Knutson, and City Clerk Paulson. Plvmouth Forum Ellen Feuling, 1506 Weston Lane, discussed recent flooding that has occurred in her home. She stated she has met with staff, and she urged this situation be resolved soon. Public Works Director Faulkner stated staff and the consultant have met with the residents, and they would be assembling preliminary findings that would be given to the residents shortly. Jacqueline Okoh, 1530 Weston Lane, stated she also sustained flood damage. She stated that she teaches in her home so it's important that her home get back in order soon. She stated she is very troubled that the City's adjuster didn't determine that there was any liability on behalf of the City. Mayor Johnson thanked the residents for addressing the Council, and the City would be keeping them updated. William Sternad, 18415 30a' Place North, owner of Safe Park, Inc., stated he has a patented system for automatic mechanical parking. He stated there could be the potential to incorporate this type of system at the park and ride located at County Road 73 and Highway 10. He noted in his correspondence the values of a mechanical system, and that there would be a reduction in air pollution. They could also include affordable housing in this concept. He stated he hopes there would the opportunity for new ideas with this new facility. Adopted Council Minutes Regular Meeting of August 12, 2003 Page 2 of 15 Presentations and Public Information Announcements 4.01) Announcement by City Manager Johnson City Manager Johnson announced that he would be leaving his position as City Manager sometime this fall. He stated he and his wife would be relocating to the greater Chicago area. The relocation is due to a professional opportunity for his wife. He thanked the Council and staff for their support. 4.02) Redevelopment of former Dana Spicer property located at Vicksburg Lane and Highway 55 City Manager Johnson reported this item would be on the September 9 Council agenda. Approval of Agenda Mayor Johnson requested to add discussion on the City Manager replacement process as item No. 9.3 under Reports and Staff Recommendations. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Councilmember Hewitt requested to remove item No. 6.15 and place it under General Business as item No. 8.5. Councilmember Slavik requested to remove item No. 6.16 and place it under General Business as item No. 8.6. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to approve the amended Consent Agenda, which included the following items: 6.01) Minutes from the Regular Council Meetings of July 8 and July 22. 6.02) Resolution Approving Disbursements for the Period ending August 1, 2003 (Res2003- 330). 6.03) Resolution Authorizing the Safe and Sober Grant Agreement with the Minnesota Department of Public Safety (Res2003-331). 6.04) Resolution Approving a Variance to allow a Six -Foot Fence in the Front Property Line for Mohamed Ramadan for Property located at 14015 Rockford Road (2003042 — Res2003-332). Adopted Council Minutes Regular Meeting of August 12, 2003 Page 3 of 15 6.05.1) Resolution Receiving Preliminary Engineering Report for 2004 Street Reconstruction Project for Districts 5 and 27 (4101 — Res2003-333). 6.05.2) Resolution Receiving Preliminary Engineering Report for 2004 Street Reconstruction Project for Districts 76 and 78 (4102 — Res2003-334). 6.06) Resolution Approving Request for a Conditional Use Permit and Site Plan Amendment for C and K Automotive to allow a Minor Auto Repair Business in the C-3 (Highway Commercial) Zoning District for Property located at 3510 Kilmer Lane North (2003057 — Res2003-335). 6.07) Resolution Approving an Interim Home Occupation License for Dmitriy Mazo to operate a Photo -Video Studio from his Home located at 11600 491h Avenue North (2003062 — Res2003- 336). 6.08) Resolution Approving an Interim Use Permit for Untiedt's Garden Market for a Seasonal Market located at 1455 County Road 101 (2003066 — Res2003-337). 6.09) Resolution Approving Site Plan and Variance for the City of Plymouth to allow construction of a Pump House at 4450 Nathan Lane North (2003067 — Res2003-338). 6.10) Resolution Approving Site Plan and Variances for the City of Plymouth to allow construction of a Pump House at 4300 Lancaster Lane North (2003068 — Res2003-339). 6.11) Resolution Approving a Site Plan Amendment for Elm Creek Golf for Property located at 19010 State Highway 55 (2003071 — Res2003-340). 6.12) Resolution Approving Site Plan Amendment for Arnesen and Herbert for a Dental Clinic located at 1525 County Road 101 (2003083 — Res2003-341). 6.13) Resolution Approving the Expansion of Lifetime Fitness Building (Res2003-342). 6.14) Resolution Approving Encroachment Agreement for construction of an Identification Sign within Old Rockford Road Right -of -Way (Res2003-343). 6.15) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.5). 6.16) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.6). 6.17) Resolution Approving Settlement Agreement between the City of Plymouth and Ingram Excavating, Inc. (Res2003-344). 6.18) Resolution Approving Summary Publication of Ordinance No. 2003-22 (Res2003-345). 6.19) Resolution Approving installation of Stop Signs at Various Locations (Res2003-346). Adopted Council Minutes Regular Meeting of August 12, 2003 Page 4 of 15 6.20) Resolution Approving authorization to proceed with Sanitary Sewer Lift Station Telemetry System Upgrades (3119 — Res2003-347). 6.21) Resolution Receiving Petition for Street Improvements and Ordering Preliminary Engineering Report for Kingsview Lane Area (Res2003-348). 6.22) Resolution Approving Final Release of Financial Guarantee for Conor Meadows Addition (96113 — Res2003-349). 6.23) Resolution Accepting Streets and Utilities for Continual Maintenance for Timber Creek Crossing (2001114 — Res2003-350). The motion carried to approve the Consent Agenda. Public Hearings 7.1) Sale of Refunding Bonds on behalf of Mission Farms Inc. Housing Manager Barnes reported on the proposed sale of industrial development revenue refunding bonds not to exceed $5,210,000 for Mission Farms Nursing Home, Inc. He noted the revised Resolution given to the Council this evening as per request of the City's bond counsel. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt a revised Resolution Authorizing the Issuance of Health Care Facility Revenue Refunding Bonds Mission Fane Nursing Home Proiect), Series 2003; Establishing the Security Therefor and Authorizing the Execution of Documents (Res2003-351). With all members voting in favor, the motion carried. 7.2) Vacation of part of County Road 9 Street Easement for Parcel No. 15-118-22-32-0003 Public Works Director Faulkner reported on the proposed vacation of part of County Road 9 street easement for Parcel No. 15-118-22-32-0003. He stated Mohamed and Fatinah Ramadan, who reside at 14015 Rockford Road, desire to construct a six foot high fence in their front yard in order to protect their child with special needs. In order to construct the fence in the location requested, a portion of the existing easement needs to be vacated. He noted that drainage and utility easements would be maintained over all of the vacated right-of-way. Mayor Johnson opened the public hearing for testimony. Adopted Council Minutes Regular Meeting of August 12, 2003 Page 5 of 15 There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to adopt a Resolution Authorizing the Vacation of Part of Pgpetual Easement for Street Purposes for Parcel No. 15-118-22-32-0003 (Res2003-352). With all members voting in favor, the motion carried. General Business 8.1) Rezoning from RSF-1 to RSF-3 and a Preliminary Plat for "Bridgeport," 4395 Juneau Lane North (Schuett Real Estate Group, LLC — 2003046) Community Development Director Hurlburt reported on the request to rezone and approve the Preliminary Plat for a 7.1 acre site located at 4395 Juneau Lane North. She stated the site would be rezoned from RSF-1 to RSF-3. The Preliminary Plat would allow the development of nine single-family lots; one lot for the existing home that would remain on the site and eight lots for new homes. Under the plan, all of the homes within the development site would gain driveway access from a proposed cul-de-sac street to be named 44th Place North. She stated there was a concern expressed at the Planning Commission meeting whether this development would damage Juneau Lane. She noted that Juneau Lane is not currently within the next two years of the street reconstruction program, but would need to be reevaluated. There was also a concern about pedestrian traffic, and there could be the possibility of reviewing whether the trail could be relocated when the Final Plat is considered. This would provide better pedestrian visibility. She also noted that the soils would be tested to determine if they would be sufficient to build on. Public Works Director Faulkner added that he doesn't anticipate any problems. He stated he is unsure where Juneau Lane is ranked for street reconstruction, and he acknowledged that there are a number of streets in this area that aren't in good condition. Tom Shuette, 16220 44th Avenue North, applicant, stated the values of the homes would range from $650,000 to $850,000, which is above average for homes in this area. He stated they would be screening the property with trees. Regarding pedestrian safety, they initially proposed to have the sidewalk on the south, but staff requested that the sidewalk be on the north which is why it's closer to the intersection. He stated they would work with the City on the trail issue. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 4395 Juneau Lane North (2003046 — Ord2003-24), Resolution Approving Findings of Fact for Rezoning of Property located at 4395 Juneau Lane North (2003046 — Res2003-353). With all members voting in favor, the motion carried. Motion was made by Black, and seconded by Bildsoe, to adopt a Resolution Approving a Preliminary Plat for Schuett Real Estate Groun LLC, for Property located at 4395 Juneau Lane North (2003046 — Res2003-354). With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of August 12, 2003 Page 6 of 15 8.2) Application for Federal Funding for Proposed Transit Station at Highway 55 and County Road 73 Public Services Manager Qvale reported on the proposed TEA -21 CMAQ federal funding application to the Metropolitan Council for the purchase of land and construction of a park and ride facility in the southwest quadrant of Highway 55 and County Road 73. She illustrated a preliminary design of the proposed facility. She stated a neighborhood meeting was conducted on July 29, and seven residents were present. She noted that negative comments revolved around the need for a park and ride facility and the number of parking spaces. She stated staff has proceeded to meet with the Kennedy family on purchasing the property. The City has received a restricted use appraisal report in which the property has a market value as of July 1, 2003 between $1,040,000 and $1,440,000. She stated the estimated project cost is between $8 million to $10 million. The federal funding component could fund up to 80% with a maximum of $5.5 million with a local match. The matching funds would be regional capital transit funding through the Metropolitan Council from the recently approved 2003 legislative state bond funding for improvements in a trunk highway corridor. Staff has received a favorable verbal response from the Metropolitan Council for funding $2 million for this project. The Minnesota Department of Transportation has confirmed 500,000. She stated currently there is $8 million in secured funding. The remaining funding would be requested from the Metropolitan Council regional capital funding. Councilmember Hewitt voiced her concern that there could be a balance of $2 million that maybe not funded due to the economy. Public Services Manager Qvale stated the design of the facility could be reduced by $1 million. Jim Lasher, from LSA Design, Inc., stated the CMAQ funds wouldn't be used to construct the retail portion of the facility. The City would receive $40,000 to $50,000 in ground lease rent that could be used to maintain the federal funded portion of the development. Mayor Johnson asked how this facility compares to similar projects. Mr. Lasher replied they have been very conservative on the price estimate due to the condition of the soils in the area, and they have set a range of 473 to 530 parking stalls at this facility. He then spoke of the design concept of the facility that included the retail structure, landscaping, and entrances and exists. Mayor Johnson stated the potential $2 million funding gap is a big concern to her. She asked how many Plymouth residents would be utilizing the facility. Mr. Lasher replied a large portion would be Plymouth residents, but anyone could use the facility since it would be federally funded. Mayor Johnson asked if there could be a location on the western edge of the City where this facility could be constructed. Public Services Manager Qvale replied that it's difficult to encourage people to drive west in order to travel west. In addition, the City would be excluding a greater portion of the City's population to use the facility. Adopted Council Minutes Regular Meeting of August 12, 2003 Page 7 of 15 Mayor Johnson commented that she doesn't feel this facility would be in character with the adjacent neighborhood. Public Services Manager Qvale stated there would be opportunities with the proposed facility. She noted that the City wouldn't be able to apply for CMAQ funds for another two to three years. Councilmember Black spoke of the park and ride at the Four Seasons Mall, and she doesn't foresee the proposed facility serving the northern part of the City. She asked how the proposed facility would affect any expansion of the facility at the Four Seasons Mall. Public Services Manager Qvale replied that this project wouldn't preclude the improvement of that facility. Cormcilmember Bildsoe asked if the Highway 55 Corridor Commission has commented on this proposed facility. Community Development Director Hurlburt replied their focus is addressing Highway 55 west of I-494. Transit opportunities are within their mission, but are more into the future. Mr. Lasher stated at this time, they are just trying to set a conceptual budget. Therefore, at this time, due to the condition of the soils, it recommended that the entire main level of the project be structured. However, if that wouldn't be the case, the project would be reduced. He also added that the revenue that is received from the retail portion of the development is very stipulated on how those funds could be used. Councilmember Slavik asked of the 65 parking spaces that are at the current park and ride facility, how many of those parking spots are used on a daily basis. Public Services Manager Qvale replied approximately 52% of the parking spots are used. However, there are access, lighting, and signage issues there. Councilmember Neset asked what would be the cost to the City before the Council decides to proceed with the project or not. Mr. Lasher replied it would cost the City between $8,000 to 10,000 to prepare the application. The scoring and funding list would be released in February 2004. Councilmember Black asked if the City were to proceed with the project and be awarded the funding, could the funds be transferred to another location in the City. Mr. Lasher replied no, since the funds are for a specific project location. Councilmember Hewitt reiterated that she is concerned about a $2 million funding shortfall. Therefore, she suggested the project be reduced to a $8 million. Mayor Johnson reiterated her concerns regarding the facility being out of character with the adjacent neighborhood, the need to locate it on the western edge of the City, and a minimal number of parking spaces would be gained for a $10 million project. Councilmember Black stated with current fuel prices and increasing traffic congestion, transit options are very appealing. However, constructing transit facilities is very expensive. She stated Adopted Council Minutes Regular Meeting of August 12, 2003 Page 8 of 15 Highway 55 is very crowded, and if the City doesn't start somewhere, it would never change. Therefore, she supports the proposed application for federal funding. City Manager Johnson stated many of the Council's concerns this evening are related to funding, and the size and scope of the project. He asked if the City could make a viable application by the deadline if the project would be scaled back to a project cost of $8 million. Mr. Lasher replied yes, as one level could be deleted. He stated the more parking stalls one can attain for the least amount of funding, the more likely that the funds would be awarded. Councilmember Slavik stated she couldn't support the application since only 75% of the current 65 parking stalls are being used. She also doesn't believe that a comprehensive review of the City has been completed for this type of facility, especially in the western part of the City. Councilmember Neset stated he also has reservations on how and if this type of facility would work as well as how it would fit with the adjacent neighborhood. He stated he would like to see this proceed, but perhaps not at $10 million. Mr. Lasher stated if the Council would only support a $8 million facility, they would try to get as many parking stalls as possible. Motion was made by Councilmember Black, and seconded by Councilmember Neset, to adopt a Resolution Approving Transportation Equity Act for the 21" Century/Congestion Mitigation Air Quality (TEA-21/CMAO) Funding Application (Res2003-355) with a maximum project cost of 8 million comprised of regional and federal transit funding. George Bentley, consultant, commented on the necessity to have immediate access to north and south transit routes, and this proposed location would be an ideal location for those types of connections. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to amend the main motion to include the gas and retail space that is listed on the proposed plan. Mayor Johnson commented that the Council shouldn't make any limits until after it is determined whether federal funding would be received. Therefore, perhaps the Council should support staff's recommendation at this time for a project cost of $10 million. The Council voted on the amendment and with all members voting against the motion but Hewitt, and the motion failed. Motion was made by Mayor Johnson, and seconded by Councilmember Black, to amend the main motion to approve staff's recommendation for a proposed proiect cost of $10 million. The Council voted on the amendment and with all members voting in favor but Slavik, the motion carried. The Council then voted on the amended main motion, and with all members voting in favor but Slavik and Johnson, the motion carried. Adopted Council Minutes Regular Meeting of August 12, 2003 Page 9 of 15 The Council took a five-minute break. 8.3) Expansion of Proposed Medicine Lake Pond to include a portion of the East Beach Parking Lot (2037) Public Works Director Faulkner reported on the proposed water quality pond located at the City's East Medicine Lake Park. He stated the purpose of this water quality pond is to reduce storm water runoff pollutants entering Medicine Lake. He discussed the consultant's findings and recommended that the Council proceed with the expansion of this pond to the island near the center of the parking lot (approximately 40% of the parking lot) and handling the flow from the existing storm sewer along 17th Avenue. Councilmember Bildsoe stated he is concerned about losing parking spaces when people are travelling to the park to enjoy the lake. Public Works Director Faulkner commented that on the weekends, there could be arrangement with Ryerson Steel for use of their parking spaces. Councilmember Black stated that the appearance of ponds aren't very pleasing, and she feels the City is changing the character of the park rather than reducing the parking area. Public Works Director Faulkner stated another development that impacts the decision is the Bassett Creek Water Management Commission (BCWMC) is planing to fund this project as part of its capital improvements program using a watershed -wide ad valorem tax levy. When this project was previously considered by the Council, it was expected that it would be funded by the City's water resource fund. Terri Christian, 9910 South Shore Drive, President of AMLAC, illustrated what sedimentation is coming into the lake and why there are requests to remove the sediments as much as possible. She stated there is also wave action that carries the sedimentation out into the lake. She stated AMLAC supports both this pond and the other pond to be located at East Medicine Lake Boulevard and Nathan Lane. Don Maxwell 2630 East Medicine Lake Boulevard, stated it's unfortunate that so much park land would be taken for the expansion of the pond. He stated there is approximately one acre of land that is being occupied by Ryerson Steel that is part of the park land. He stated this property should be used for the expansion of the pond. He recommended that the Council direct staff to negotiate with Ryerson Steel for this property that would be immediately adjacent to the City's 54" pipe. Councilmember Black stated if the City were to pursue this suggestion, there could be a delay in the construction schedule. She noted that the ad valorem tax hearings need to be completed this fall. Public Works Director Faulkner stated this would need to be researched, and he doesn't believe this would proceed as a minor plan amendment for the BCWMC. Adopted Council Minutes Regular Meeting of August 12, 2003 Page 10 of 15 Ms. Christian asked what would occur if the ad valorem tax was approved for one of the ponds, and the City proceeded with the other pond. Councilmember Black stated the Council would still need to approve the final design. Motion was made by Councilmember Black, and seconded by Mayor Johnson, to adopt a Resolution Supporting Exnansion of the Pond for BC -107 to include a Portion of the East Beach Parking Lot, Option 5 (2037 — Res2003-356). With all members voting in favor, the motion carried. 8.4) Sketch Plan for a Pharmacy with Right In/Right Out Access to Highway 55 Southeast Corner of Highway 55 and County Road 101— CVS Pharmacy — 2003070) Planning Manager Senness reported on the proposed CVS Pharmacy to be located at the southeast corner of Highway 55 and County Road 11. She stated there has been a considerable amount of discussion by an attorney representing the applicant and an attorney representing one of the property owners regarding change in use. She stated the question of change in use is important because a change in use would require the Minnesota Department of Transportation MN/DOT) approval of a new access permit for the right-in/right-out access to Highway 55. It's staffs opinion that the proposed pharmacy use and an unspecified use for the one acre of excess land do in fact represent a change in use from what currently exists on the site. Staff also believes that a substantial increase in site -generated traffic would meet the requirements for a change in use as well. She commented that there is a single-family home on the site, and homes are not permitted on commercial sites. Therefore, that home would need to be removed for redevelopment of the site. She spoke of the traffic and safety concerns. The applicant's attorney and one of the property owner's attorney has stated that there is no documented safety problem at the right-in/right-out access to Highway 55. They presented documentation from the Police Department showing no accidents have occurred at this point over the past five years. Based on this record, they stated that there is no need to close the access for safety reasons. One of the attorneys also noted that the traffic generated by the proposed use would not differ from the existing uses on the site. One of the property owners suggested limiting the access at Highway 55 to a right -in only as an alternative to closing the Highway 55 access. Staff noted that the gas/convenience store has been closed for two years, which would decrease the potential for accidents during that time period. Staff feels that regardless of the accident record, safety is an important concern along Highway 55. Highway 55 is classified as an "A" minor arterial which means that it's intended function is to move traffic efficiently and safely, not provide access to individual parcels of land. As stated in the City's Comprehensive Plan, control of access to roadways is a critical means of preserving or enhancing the efficient operation of the roadway system and improving safety by reducing accident exposure. Limiting private driveway access along an arterial roadway is prudent practice. In this particular case, the right-in/right-out access is 500 feet from the intersection with County Road 101. The proposed access is 387 feet from the intersection and falls within what is termed the "functional area" of the intersection. Neither access point meets the minimum 660 foot requirement for spacing along a minor arterial and the latter presents additional hazards as it's within the stopping sigh distance (495 feet assuming a 55 mph posted speed limit) of the Adopted Council Minutes Regular Meeting of August 12, 2003 Page 11 of 15 downstream portion of the intersection. Staff also noticed that an increase in traffic volumes along Highway 55 is another reason to be proactive about safety. She discussed two Resolutions contained in the packet materials. Resolution "A," which staff supports, would affirm that the City supports elimination of the existing right-in/right-out access to Highway 55, consistent with the City's Comprehensive Plan and state and regional access management criteria. The City would also support elimination of the right-in/right-out access to County Road 101 as shown on the sketch plan and continuation of discussions with Hennepin County to identify an alternative right-in/right-out that is acceptable to all parties. She stated Resolution "B" would affirm the City's support for retaining the right-in/right-out access to Highway 55 in its present location. As with Resolution "A," the City also supports elimination of the right-in/right-out access to County Road 101 as shown on the sketch plan and continuation of discussions with Hennepin County to identify an alternative right-in/right-out that is acceptable to all parties. Peter Coyle, attorney representing the applicant, illustrated the proposed development. He stressed that there is no change in the land use reflected by this request, and they aren't altering the zoning use. The question is whether the use would be changed, and they disagree with staff. He stated based on the discussions at the Planning Commission meeting, they have redesigned the site plan in accordance with the existing accesses to the property. He noted that there is a one acre parcel of land on the east end of the property, and that section has been part of the condemnation action by Hennepin County for County Road 101. He stated whatever occurs on that one -acre parcel needs to be smaller in size. He stated the previous gas station and liquor store could continue to operate on this site, and they don't believe that the pharmacy store would be an intensification of the use. They also don't believe that there is a change in the land use or the traffic pattern. He requested that the Council preserve the accesses to the property on Highway 55 and County Road 101, as there is no basis to close those accesses. In addition, there is no compelling public policy or safety reason to close those accesses. He stated according to the City's subdivision ordinance, it needs to be demonstrated that there is direct public access to the property, and they don't feel that the frontage road provides suitable access as a public street to the property. Community Development Director Hurlburt stated the revised sketch plan wasn't provided to staff until this evening. She stated the applicant needs to determine what would occur with the one -acre parcel of land, which would be classified as unbuildable. Regarding access to the property, City Attorney Knutson commented that the Council could attach a condition to the Resolution to remove an access based upon reasonable findings by staff. Mr. Coyle stated that the City Attorney has acknowledged that the City has the option of keeping access open or closed. He stated he doesn't believe that MN/DOT has the authority to close the access. John D. Rice, attorney for the Hughes family, owners of the portion of the property, stated his request is that the Council adopt Resolution B not including Section 2 that relates to the Highway 101 access. He stated the right of access to a public highway that abuts a parcel of land is a Adopted Council Minutes Regular Meeting of August 12, 2003 Page 12 of 15 distinct property right that is part of the property owner's "bundle of rights." He commented that there is a 60 foot section of the Highway 55 corridor on the Hughes property that was exempted from the Highway 55 condemnation in the mid 1950s. Therefore, they don't need a permit as it was an ownership right as part of the condemnation. Councilmember Bildsoe asked if their position is that they don't need the frontage road. Mr. Rice replied his comments have no bearing on the usefulness of the frontage road. Randy Hughes, 2602 Holy Name Drive, stated three years ago before County Road 101 project, they expressed concerns to the Council on how that project would negatively affect businesses. The Council directed staff to discuss access issues with them. As result of the meeting, the Highway 55 access was widened, and the County Road 101 access was improved and widened somewhat. The road improvement was difficult on the gas station and liquor store business which forced them to list the property for sale. He stressed that the existing accesses need to be in place for the new owner. Todd Johnson, representing the Hughes family and broker for the property, stated they are trying redevelop the property. He stated it has been difficult to sell the property due to the access issue. Therefore, he requested the Council adopt Resolution `B." Jack Wermer, 18425 Highway 55, requested the Council adopt Resolution "B" so CVS Pharmacy could locate there. Community Development Director Hurlburt stated if the one -acre lot couldn't be created, then there is a question whether there is going to be a subdivision. She stated the City doesn't regulate consolidation of the lot. She stated needs to review the revised sketch plan and whether the City has control on the plat of this property. She stated the City could mutually agree with the applicant to an extension of time for further review since the 60 -day period expires August 18. City Attorney Knutson stated the City could take the an extra 60 days without approval from the applicant. Councilmember Bildsoe stated in order to redevelop this site, there needs to be good access. He stated he supports the access on Highway 55, but he is concerned about "cut through" traffic on County Road 101. He feels the access on Highway 55 is important for this property to be successful and viable. He noted the frontage road is a good access point, and that needs to be maintained. Mayor Johnson stated she has no concerns with the current accesses to this property. Councilmember Hewitt stated she supports the Highway 55 access but feels the County Road 101 access needs to be discussed with the County as it's very close to the intersection. Councilmember Slavik stated this would be a good redevelopment of this property as it is a very difficult site. She stated she supports both current access points. Adopted Council Minutes Regular Meeting of August 12, 2003 Page 13 of 15 Councilmember Neset stated he supports the proposed sketch plan with the current accesses. Councilmember Black commented the County Road 101 access is a safety hazard, and it's too close to the intersection. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Sandy, to adopt a Resolution `B", a Resolution Providing Informal Comments on the Proposed Sketch Plan for CVS Pharmacy on Property located at the Southeast Quadrant of Highway 55 and County Road 101 (2003070 — Res2003-357). With all members voting in favor, the motion carried. 8.5) Resolution Approving Application of a Grant to construct a Grade Separated Pedestrian Crossing of Trunk Highway 55 Near Vicksburg Lane Councilmember Hewitt stated she wouldn't support this grant application, as it wouldn't make the area any more pedestrian friendly. In addition, the Council is still discussing what would occur with the former Dana Spicer property. Councilmember Black asked why this location as selected. Public Works Director Faulkner stated the consultant reviewed options on how to get this is as close to Vicksburg Lane as possible. If it wouldn't be located here, it would be very difficult to locate it elsewhere. Councilmember Hewitt stated this would set up the redevelopment of the Dana Spicer property. Councilmember Slavik stated she wouldn't support the application. She asked where pedestrians would travel after they cross the highway as there is no destination. She feels there needs to be more consideration. City Manager Johnson commented that the City's Comprehensive Plan identified this specific location. Mayor Johnson and Councilmember Hewitt stated they wouldn't support utilizing park dedication funds for the 33% of the project that the City would be responsible for. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to not apply for the grant. With all members voting in favor but Bildsoe and Black, the motion carried. 8.6) Resolution Accepting Street Reconstruction Assessment Policy, Revised 2004 Councilmember Slavik stated the City's policy goal is to assess 30% of the costs for minor street reconstruction, and the City is currently assessing 21 %. She stated this could be a discussed at a Council Study Session, but she requests that the City assess 30% of the project costs. Public Works Director stated the hearings for the street reconstruction projects would be conducted on August 26, and a policy would be needed by then. Adopted Council Minutes Regular Meeting of August 12, 2003 Page 14 of 15 Motion was made by Councilmember Black, and seconded by Mayor Johnson, to adopt a Resolution Approving the Street Reconstruction Policy Revised 2004 (Res2003-358), with the provision that the policy would be discussed at a future Study Session. Councilmember Bildsoe stated he wouldn't support the motion. Councilmember Hewitt voiced her support to increase the percentage that would be assessed Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to amend the main motion with the following rewritten sections of the proposed policy: 1. (1) Benefited properties would be assessed 30% of the cost of the Pavement Management Program. 2. (4) Assessments for single family parcels shall be made on a per parcel (unit) basis. 3. (6) The area of commercial/industrial parcels shall be divided by 18,500 to establish the number of equivalent units for the property. A friendly amendment was made to the motion and accepted that 30% of the engineer's estimate or actual bid cost, whichever is lesser, would be assessed. Councilmember Slavik stated her goal is to reconstruct more streets. The Council voted on the amendment and with all members voting in favor, the motion carried. The Council then voted on the amended main motion and with all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Co -Sponsoring "Housing Week" Activities Mayor Johnson requested the Council's support for Housing Week activities. Motion was made by Mayor Johnson, and seconded by Councilmember Hewitt, to co-sponsor Housing Week" activities and to encourage the City's HRA to participate. With all members voting in favor, the motion carried. 9.2) Directed Patrol Activities in City Center Area Police Chief Gerdes reported that Councilmember Hewitt had a concern with youth gathering near the Caribou Coffee in the City Center area. He stated for the majority of the time, the youth are making purchases at the business, but at times, there are nuisance issues. Caribou Coffee had been funding reserve officers to monitor the area. However, Caribou Coffee is no longer interested in funding the additional patrol. They had contacted adjacent businesses, but there was no interest to fund the additional patrol. He stated if the City were absorb the cost of the Adopted Council Minutes Regular Meeting of August 12, 2003 Page 15 of 15 additional patrols over the next few weekends, it would cost the City approximately $1,000. This would be establishing a precedent as it is a change from the City's policy. Councilmember Hewitt stated that businesses were concerned about the congregating for the remainder of the summer. She noted that efforts are being made to work with the school district and goals for next summer. Councihnember Bildsoe questioned whether additional patrol would really solve the problem. Mayor Johnson stated this is a policy issue as the tenants/owner aren't willing to pay for the additional patrol. She indicated that she wouldn't support paying for dedicated patrolling for this area as it would be establishing a precedent. Councilmembers Black and Slavik agreed. The consensus was to not fund additional patrolling in this area. 9.3) City Manager Selection Process Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to locate search firms that would assist with the process in locating a new City Manager (this wouldn't be limited to the list provided by the League of Minnesota Cities.) Councilmember Bildsoe asked if staff intends to do a request for proposal. Assistant City Manager Ahrens replied the Council would select the process. Mayor Johnson stated she would like staff s thoughts and recommendations on what other communities have utilized, and then the Council could discuss this at a Study Session in September. The Council voted on the motion and with all members voting in favor but Black who abstained, the motion carried. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to direct staff to prepare a Resolution for the August 26 Council Meeting appointing Assistant City Manager Ahrens as Acting City Manager. With all members voting in favor, the motion carried. Adiournment Mayor Johnson adjourned the meeting at 12:20 a.m. J Sandra R. Paulson, City Clerk