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HomeMy WebLinkAboutCity Council Minutes 02-28-1994MINUTES REGULAR COUNCIL MEETING FEBRUARY 28, 1994 The regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on February 28, 1994. PRESENT: Mayor Tierney, Councilmembers Granath, Edson, Anderson, Morrison, Lymangood, and Helliwell ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Park Director Blank, Planning Supv. Senness, Associate Planner Keho, City Attorney Barnard, and City Clerk Rauenhorst ITEM 3-A FORUM - CURT/JEAN OLSON; TRAFFIC ON 19TH AVENUE NORTH Curt and Jean Olson, 18215 19th Avenue North, described traffic safety problems on 19th Avenue. Mr. Olson stated that vehicles have entered their yard on many occasions, striking the mailbox, parked vehicle, yard light, and nearly hitting their home. He has witnessed hit and run accidents, and last fall there were five vehicles in the yard within three days. He stated that 19th Avenue is designed with a curve and vehicle speeding is frequent. He suggested that the City consider a four-way stop sign at 20th Avenue and Urbandale, a reduced speed limit from Peony Lane to 20tb Avenue, caution signs, and police radar enforcement. He believes the current 30 mph speed limit is too fast in any adverse weather conditions and the safety concerns are particularly an issue because of the intense traffic volume at the nearby city park. Mayor Tierney suggested that speed humps may be one option to consider. She suggested that this item be placed on a future regular Council meeting agenda for consideration. Mr. Olson stated he would prefer that the City consider installation of a 4 -way stop sign. Staff was directed to place this item on the March 21 agenda. Council Minutes February 28, 1994 Page 2 ITEM 4-A PRAC ANNUAL REPORT Mark Wahl, Park and Recreation Advisory Commissioner, presented the 1993 PRAC Annual Report. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to accept the 1993 PRAC Annual Report. Motion carried, seven ayes. ITEM 5-A APPROVE AGENDA MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the agenda. Motion carried, seven ayes. ITEM 6 CONSENT AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the Consent Agenda. Motion carried, seven ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the following minutes: February 7 Study Session, February 7 Regular Meeting, February 14 Study Session, and February 22 Special Meeting. Motion carried, seven ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-105 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING FEBRUARY 18, 1994. Motion carried, seven ayes. Council Minutes February 28, 1994 Page 3 ITEM 6-C MAINTENANCE CONTRACT FOR OPTICAL SCAN ELECTION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-106 APPROVING MAINTENANCE AGREEMENT FOR OPTICAL SCAN VOTING EQUIPMENT. Motion carried, seven ayes. ITEM 6-D TAXI DRIVER LICENSE MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-107 APPROVING TAXI DRIVER LICENSE FOR JAMES RICHARD MELLING. Motion carried, seven ayes. ITEM 6-E EXEMPTION FROM LAWFUL GAMBLING LICENSE MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-108 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PILGRIM LANE ELEMENTARY PTA. Motion carried, seven ayes. ITEM 6-F PROCLAMATION OF VOLUNTEERS OF AMERICA WEEK MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-109 PROCLAIMING VOLUNTEERS OF AMERICA WEEK, MARCH 6-13. Motion carried, seven ayes. ITEM 6-G DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-110 REDUCING DEVELOPMENT BOND, SWAN LAKE SOUTH ADDITION (92112). Motion carried, seven ayes. Council Minutes February 28, 1994 Page 4 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-111 REDUCING DEVELOPMENT BOND, GREENWOOD PONDS ADDITION (91057). Motion carried, seven ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-112 REDUCING DEVELOPMENT BOND, BASS CREEK BUSINESS PARK ADDITION (89061). Motion carried, seven ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-113 REDUCING DEVELOPMENT BOND, ROCKFORD ESTATES ADDITION (93008). Motion carried, seven ayes. ITEM 6-H REIMBURSEMENT FOR DEVELOPER FOR WATERMAIN MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-114 REIMBURSING DEVELOPER FOR REQUIRED 24 INCH TRUNK WATERMAIN CONSTRUCTION, PARKERS LAKE NORTH 2ND ADDITION/SHENANDOAH LANE EXTENSION (93067). Motion carried, seven ayes. ITEM 6-I CONTRACT FOR 1994 REFORESTATION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-115 AWARDING OF BID FOR 1994 REFORESTATION PROPOSAL. Motion carried, seven ayes. Council Minutes February 28, 1994 Page 5 ITEM 6-J FINAL APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUE FOR DAILY PRINTING MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-116 AUTHORIZING THE ISSUANCE OF ITS CITY OF PLYMOUTH, MINNESOTA, INDUSTRIAL DEVELOPMENT REVENUE BONDS (DAILY PRINTING, INC. PROJECT) SERIES 1994 AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, LOAN AGREEMENT AND RELATED DOCUMENTS. Motion carried, seven ayes. ITEM 8-A CONSIDER ORDINANCE AMENDMENT RELATING TO AUTO SALES IN I-1 ZONING DISTRICTS Manager Johnson informed the Council that the proponents of the proposed zoning ordinance amendments to allow auto sales in the I-1 District have withdrawn their request. He recommended that the Council deny the proposed ordinance amendments. MOTION was made by Mayor Tierney to deny the proposed zoning ordinance amendments. Councilmember Granath stated he would have voted against the request had the applicant pursued a United Auto Exchange business at the site of the former Minneapolis Auto Auction. He has no problem with the business concept, but is not convinced there is any appropriate location in the City for this use. He stated the Council should deny the proposed ordinance changes even though this business has decided not to pursue the former Minneapolis Auto Auction site. Councilmember Lymangood noted that the Council tabled this item from February 7 and there is an outstanding motion. Mayor Tierney's motion died for lack of a second. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to remove from the table for discussion the ordinance amendment relating to auto sales in I-1 Zoning Districts. Motion carried, seven ayes. Council Minutes February 28, 1994 Page 6 MOTION was made by Councilmember Helliwell to deny the ordinance amendments. Councilmember Lymangood stated that the Council should act on the unresolved motion and amendment tabled from the February 7 meeting before additional motions are made. Councilmember Helliwell withdrew her motion. Councilmember Anderson clarified that the main motion under consideration is "to adopt an ordinance to establish a conditional use permit process for limited outdoor automobile sales in the I-1 Planned Industrial District, as recommended by the Planning Commission." The motion to amend is "that the hours of operation be limited to 8:00 a.m. to 7:00 p.m.; that a 1,000 ft. notification be provided for the conditional use permit hearing; and that sales shall be limited to operable motor vehicles and shall not include inoperable vehicles or parts." Motion to amend failed: Councilmember Lymangood aye; six nays. Main motion failed, seven nays. ITEM 8-B CARLSON REAL ESTATE COMPANY. LAND USE GUIDE PLAN AMENDMENT, REZONING, AND GENERAL DEVELOPMENT PLAN AMENDMENT (93117) Associate Planner Keho presented the staff report and provided a history of the City Council consideration and actions on the request of Carlson Real Estate Company for Land Use Guide Plan Amendment, Rezoning, and General Development Plan Amendment (93117). Manager Johnson stated that in reviewing all of the findings of the Planning Commission and the other related issues, staff believes that prior to December 20, 1993, when Council action was taken to approve the Land Use Guide Plan Amendment, Rezoning, and General Development Plan, sufficient reasons existed to both support or deny the rezoning and reguiding. At that time, either conclusion was well within the proper legislative discretion granted to a governing body. Either conclusion would very likely have been sustained in any legal action. He stated that prior to December 20, the Planning Commission found sufficient reasons to recommend denial of rezoning and reguiding for a Sam's Club. On December 20, the City Council weighed the advice of the Planning Commission, the extensive public record on this subject, and all other issues and factors it deemed relevant, and approved the reguiding and rezoning. This action implies Council Minutes February 28, 1994 Page 7 that the Council found that the factors supporting the Planning Commission's recommendation were either insufficient or were outweighed by other factors considered by the Council. This is still the official position of the City even though the Planning Commission has subsequently reiterated its findings and conclusions. Manager Johnson advised that tonight the Council can consider rescinding the reguiding and rezoning only if the City is not found to be arbitrary and capricious in doing so. There has been public discussion of possible damage claims amounting to over $4,000,000 if the Council is found to be arbitrary and capricious in rescinding the reguiding and rezoning. While City staff and the City Attorney do not concede that actual damages at this level are likely, it is not unlikely that some damages could be awarded and defense costs would be significant. The City can likely avoid this only by finding that: 1) A significant change in circumstances has occurred since December 20; or 2) The Council ignored key facts and evidence on December 20; or 3) The Council made a gross error based on all the facts and evidence at hand. He stated that it is not sufficient for the new Council to rescind based upon simple disagreement with the former Council's action, a somewhat different weighting of the facts and evidence, or even because the present Council may have a different development philosophy. To avoid being arbitrary and capricious, the standard is higher. The Council must find a significant change in circumstances, a major oversight, or a major mistake in the record. He stated that definite legislative action was taken by the Council on December 20, and staff does not believe that this higher standard for rescinding has yet been met. Mayor Tierney stated that she voted against the total retail rezoning and reguiding of the site on December 6, but the denial motion did not pass. She stated that she voted for the reguiding and rezoning amendments on December 20 with the understanding that the Council would have some consideration of retaining the basic underlying industrial guiding of this site through a covenant provision, if the site ceases to be used as a Sam's Club in the future. Mayor Tierney stated that she had believed that the new Council could consider this issue on January 3 with a clean slate". The Council's action taken on December 20 was far more definite than she had believed. She stated the City has been informed by the Larkin- Hoffman Law Firm that a Sam's Club can be considered an industrial -type use, and she believes that many of the traffic and noise concerns can be addressed during the site planning process. Councilmember Morrison stated she is an attorney with a Minneapolis law firm and recently discovered through her law firm's conflicts of interest check system that Carlson Companies retains an attorney at the firm. She stated the business Council Minutes February 28, 1994 Page 8 done for Carlson Companies by the firm relates to franchising matters of a Carlson subsidiary and one out-of-state real estate litigation matter. Although she has never personally represented Carlson, and the City Attorney's office has advised that no conflict of interest exists which would prevent her from voting on this item, she wanted to publicly disclose this information for the benefit of the public and the Council. She asked that Councilmembers advise her if they have any objections to her participation on this issue. Councilmember Granath asked if she intended to abstain from voting on this item. Councilmember Morrison responded that she intends to vote on this issue since no conflict of interest exists, unless Councilmembers object. Councilmember Granath stated that he appreciated the public disclosure of this information and that she should personally make the decision whether a conflict exists and whether to participate. He noted that Ms. Morrison openly disclosed her employment during her interview for the Ward 2 City Council appointment. Councilmember Morrison stated that she had no knowledge that Carlson Companies was a client of the law firm at that time. No Councilmembers stated concerns regarding Councilmember Morrison's participation on this issue. Linda Fisher, 1500 Norwest Financial Center, represented Carlson Real Estate Companies. She stated that on December 20, 1993, a legislative action was taken by the City Council, and this remains the official action of the City. On December 20, the Council acted to reguide the site as CR -2, rezoning the site as B-2, and approve the General Development Plan for a Sam's Club. She stated the approved General Development Plan includes setbacks greater than required in the City's Zoning Ordinance. She stated Carlson will submit a full site plan review application within one month, and it will be consistent with the General Development Plan. Attorney Fisher indicated that Carlson is willing to work with the City staff to address comments made earlier in the meeting by the Mayor with respect to the covenant provision. She stated that findings were made by the Council on December 20 that the reguiding and rezoning were in the best interest of the health, safety, and welfare of the City, and the City Attorney in previous opinions to the Council indicated that their action was lawful, proper, and met procedural criteria. She stated the Council's action on December 20 followed 10 months of public debate, and the issue now before the Council is whether there is a factual and legal basis to rescind that action. She agreed with the City Manager's comment that rescission takes a higher standard and stated that the Council does not have the same discretion as if considering for the first time. She stated that Council Minutes February 28, 1994 Page 9 Carlson shares the conclusion of the City's planning, legal, and administrative staff that the higher required standard for rescission has not yet been met. Councilmember Granath asked if Carlson intends to submit a site plan application if rescission occurs. Ms. Fisher stated that if rescission is adopted, the CR guiding and B-2 zoning would no longer exist, and Carlson would not have a basis for submitting a detailed site plan application. She described the approvals of the City Council on December 20, and stated that Carlson is flexible to fine-tuning the plan to address concerns earlier raised by Mayor Tierney. She introduced Ronald Krank. Ronald Krank, KKE Architects, stated his firm had many meetings with staff and neighborhood representatives before designing the proposed Sam's Club. He stated that KKE Architects took the following issues into consideration during design as the result of these meetings: A building of high quality design, customized and not prototypical; creative and unique architectural features, and attention to scale and proportion. He showed the General Development Plan and stated a 128,000 sq. ft. Sam's Club is proposed, with a possible 17,000 sq. ft. addition. The building would face easterly toward the Carlson Business Center and would be 650 feet from the nearest residence. A large green area to the north would be retained. Carlson would provide four trees on each adjacent residential lot, as well as providing an 8 foot barrier and buffer landscape area. He stated the service area is proposed toward the south and the west because that is the furthest location from the residential area. He showed samples of the materials proposed to be used for the building, as well as the building elevations and site landscaping. Councilmember Granath requested that Mr. Krank address the traffic ingress and egress. Mr. Krank stated vehicles would access from Cheshire Lane, with a second access aligned with 1st Avenue. A third access on the southerly portion of the site would be primarily a service access. He stated they would be willing to consider a reversal of the buildingiparking lots on the site if it is determined that is desirable. Mayor Tierney stated neighbors are concerned with noise and lighting from the parking lot. She asked if three access points are necessary. Mr. Krank stated they would consider optional accesses to the site. Councilmember Helliwell stated this is the first time she heard of the proposed future 17,000 sq. ft. addition. She stated that phased construction may be of Council Minutes February 28, 1994 Page 10 further disturbance to the abutting neighborhood and asked when construction of the addition is proposed. Mr. Krank stated the initial idea is to construct a 126,000 sq. ft. building with the future addition; however, they may decide to build in one phase. Councilmember Lymangood asked if any representatives of Sam's Club are present. Mr. Krank responded that no one representing Sam's Club is present. Councilmember Lymangood asked staff if the site proposal described by Mr. Krank meets the specificity of the General Development Plan. Planner Keho stated a site plan application has not been submitted. Councilmember Lymangood stated that the Zoning Ordinance Section 11A -lb requires the general location of proposed structures. The City Council already approved that as part of the General Development Plan. He also noted that the amenities to be provided do not include trees, fences, etc. Planner Keho stated these type of amenities are not included in the General Development Plan. Councilmember Lymangood concluded that the proposal described by Mr. Krank is of greater specificity than that shown in the General Development Plan. George F. Wilson, 430 Zinnia Lane, stated he has obtained a copy of the Walmart parent company of Sam's Club) annual report. In the report, Walmart says the purpose of the business is the sale of merchandise through discount stores. Mr. Wilson interprets a "discount store" as clearly a retail use, and he described the types of products sold by Sam's Club. He sated it is unique that Sam's Clubs receive most of its merchandise directly from suppliers rather than through a distributor. He believes this site will bring a fair amount of truck traffic to the area for this reason. Mr. Wilson stated that Sam's Club is listed in the Yellow Pages under "Department Stores," which again clearly indicates a retail use. He stated that every CR -2 guided site in the City abuts a four -lane street, except this site. He is concerned about traffic that will travel from Sam's Club to Ridgedale area businesses. The Minnetonka traffic study on Sam's Club indicated that traffic could be gridlocked in the area due to this use as proposed in Minnetonka. He stated this is the second site proposed for development by Walmart in Plymouth. He stated that if this site develops as a Sam's Club, it is likely that a Walmart will be constructed across 1-494 on the site currently zoned for retail. Council Minutes February 28, 1994 Page 11 Mayor Tierney stated the Planning Division has indicated that the site across I-494 is not of sufficient size for development as a typical Walmart due to many wetlands. Mr. Wilson encouraged the Council to retain the northerly area of the site as green area if the Sam's Club plan is approved. Marilyn Gordon, 410 Zinnia Lane, stated this property is no longer in an active tax increment financing district. She stated that no one forced Carlson Companies to purchase this property, and the City should not "bail out" the company. She stated residential properties in this area will lose value if the Sam's Club is approved. The area residents have no problems with the existing industrial businesses because they are not open evenings and weekends. She suggested that if Sam's Club is approved, that the truck traffic be routed off 1-394 to a frontage road parallel to I- 494, to enter the Sam's site. She asked if the hours of operation could be restricted and whether trucks could be restricted. George Hensersky, 225 Zinnia Lane North, stated the parcel he owns at 227 Zinnia is the nearest residential site to the proposed Sam's site, and it is for sale. He stated that his real estate agent indicated that if a Sam's Club is constructed, he probably cannot sell his property. He requested that the Council rescind its previous action. Dave Nygren, 420 Berkshire Lane North, stated the Planning Commission has recommended denial of the Carlson request on two occasions. Staff has recommended denial, and the area residents are opposed to the Carlson request. He requested that the Council rescind its previous action. Jerry Leininger, 13624 5th Avenue North, asked if Ms. Fisher had indicated that Carlson was proposing to amend the General Development Plan that was approved by the Council on December 20. Planner Keho stated Carlson intends to submit a site plan application which includes grading and engineering details. The site plan would be based on the approved General Development Plan. No site plan has yet been submitted or reviewed. Ms. Fisher clarified that the drawing described by Mr. Krank this evening was the General Development Plan approved by the Council on December 20. If the rescission is defeated, Carlson is prepared to submit a site plan application consistent with the approved General Development Plan. She stated Carlson is Council Minutes February 28, 1994 Page 12 also prepared to consider fine-tuning of that plan to address concerns of the Council. Jerry Leininger requested that the Council rescind the action taken on December 20. He stated that Mayor Tierney has indicated she acted hastily on the vote for approval with the covenant. He believes the Council's action on December 20 was an "abuse of power" and "failure to act in good faith". He stated that on December 6 when the vote to deny the request failed, the Council did not table the proposal to the next meeting or make a motion in the positive, and Mayor Bergman indicated that the item was defeated. Mr. Leininger stated this action was not consistent with the Council's past action, and residents believe that the Council acted illegally. He stated the City Attorney's lack of advice to the Council on December 6 showed incompetence. He stated this property has been guided industrial for years, and the tax increment financing was based on the industrial tax base; not on a retail use. He stated the Council should not base their decision on whether to rescind the previous action on potential lawsuits. Mr. Leininger compared this request with the application of TOLD Company in August 1992, for a PDQ Store at Fernbrook Lane and County Road 6. He stated this request was defeated, and Councilmember Edson indicated that the PDQ at this location would be inappropriate because of the traffic that would be generated and the proximity to the residences. Mr. Leininger stated that during consideration of the PDQ request, Councilmember Tierney indicated that she was supportive of the concept of having retail uses near industrial areas; however, she shared concerns about effects on the existing residences. Mr. Leininger stated that Mayor Bergman indicated during that discussion that he was concerned about the effects on the adjacent residences because they were in existence before the PDQ request. Mr. Leininger stated that five Councihnembers voted to deny the request for a PDQ due to the potential impact on the abutting residential neighborhood. He believes the issues involved with the Carlson request are the same. He stated that if the Council does not rescind its action, a precedence will be established that the Comprehensive Plan cannot be relied upon. Doug Webber, 13627 5th Avenue North, stated that Carlson Real Estate changed this area to residential during an era when it was financially viable. He stated that Carlson Company deceived the City through use of noise monitoring near this site, and Carlson is now threatening a lawsuit to get the City to act. He believes that Minnetonka will develop the area to the south as retail. Mark Reichel, 2320 N. Larch Lane, urged the Council to not rescind the previous actions. He stated there are homes valued at $500,000 being constructed across the street from CUB Foods, and that apparently does not affect property values. He stated that the Council cannot make everyone happy. He believes the Council Council Minutes February 28, 1994 Page 13 will set a precedent of rescinding their actions if this rescission is approved. He stated that Plymouth has good planning and development as the result of actions by previous City Councils. He stated that if the previous Council made a mistake on this issue, so be it, but the Council should move forward and not rescind previous actions whenever they want. Dan Blomker, 205 Zinnia Lane North, stated that if residents don't live in the affected neighborhood, they should not speak on neighborhood concerns. He stated that the previous Council's approval vote was hasty, and the neighborhood concerns of hours of operation are still of concern. He stated it was an error that residents were not invited to attend the December 20 meeting. Richard Stewart, 13910 Knoilway Drive South, Minnetonka, stated that at the neighborhood's first meeting with Carlson Companies about a Walmart/Sam's project, a Carlson representative indicated that their purpose was to link this project with the Ridgedale area. He stated that Carlson representatives indicated at that initial meeting that a Sam's or Walmart would not be independently constructed. Mr. Stewart believes a proposal to construct a Walmart will be made for the site in Minnetonka. Mr. Stewart responded to earlier comments by Mr. Reichel, stating that the CUB Store existed before individuals' decisions to construct new homes across the street. Mr. Stewart stated his concerns about the Sam's proposal relate to traffic, and he believes traffic studies conducted in the area were adequate and inappropriate considering the proposed retail use. His other concern relates to runoff into the Knollway Drive area and possible dumping of area businesses. He stated there are still unanswered questions such as whether there will be outdoor storage, a lawn and garden center, an automobile center, or storage of hazardous materials. He stated that the Council may have been heavily lobbied by Carlson between the December 6 and December 20 Council meetings. He believes this could be duress and a reason to reconsider the previous action. Rick Jorgenson, 13815 Sunset Trail, agreed with comments made by speakers from the neighborhood. He stated that CUB and Target were constructed before the homes were built around them. He expressed concerns about weekend and evening traffic, and drainage from the development. Mayor Tierney called a 5 minute break Public Works Director Moore explained that drainage will be addressed at the preliminary and final plat stages. Mr. Krank stated that no outdoor storage is proposed. Council Minutes February 28, 1994 Page 14 Mayor Tierney stated that in retrospect, after the vote on December 6 was taken and found to be incomplete, the entire issue should have come back to the City Council on December 20 with full notice to the neighborhood. However, she doesn't believe the vote taken on December 20 was hasty. She believes the vote on December 20 ensured there would not be straight retail guiding, but rather a more solid industrial base guiding. Councilmember Edson stated that he voted in favor of this development proposal on December 6 and December 20. He believed that the proposal was a good use for the property because the City had the opportunity to require increased standards for the development than if the reguiding remained industrial through such things as increased setbacks and landscaping. Councilmember Edson stated this proposal is different than the previously proposed PDQ on County Road 6. That business would have included extended hours and gasoline service. There also was no available mitigation to protect the adjacent homes as there is in this situation. He stated that the vote on December 20 could have gone either way; however, he will be consistent with his vote. Councilmember Granath stated that as the Ward 3 Councilmember, he opposes any zoning change that would allow a Sam's Club to be constructed. He believes the five findings in the proposed resolution are sufficient reasons to rescind the Council's previous actions, and he supports the Planning Commission recommendations. He stated it is disturbing that the City of Plymouth is faced with this situation, and he has no personal opinion on whether a Sam's development is a good or bad development. He also has no interest in Carlson Companies. He suggested to the Carlson representatives that if they prevail on this issue it is not because this is a good development, but rather because the City is legally vulnerable. If a Sam's Club goes in, he believes Carlson has an obligation to accommodate the residents the best it can and show flexibility. Councilmember Helliwell stated she will remain consistent with her previous votes and not support the Sam's proposal. She agreed that the CUB Foods example cited earlier in the meeting is not consistent with this situation. CUB Foods was existing when the nearby homes were constructed, and it was the owners' decision to build with that knowledge. She stated that Carlson has threatened $4 million litigation, yet no ground has been turned on this project. Councilmember Helliwell believes the December 20 vote was hasty. She would consider a Sam's Club in the southwest corner of this intersection across I-494. She believes the City does have a "clean slate" from which to act. She stated that when the December 20 agenda indicated "clarification" of the issue, the entire issue was not going to be considered. Councilmember Helliwell stated that Carlson Companies exerted a tremendous amount of lobbying of certain Councilmembers between December 6 and 20; however, she was not even contacted. She believes the vagueness of the Council Minutes February 28, 1994 Page 15 covenant is a reason to rescind. Once this site is zoned for retail, it is retail - not industrial. She will follow the advice of the Planning Commission and vote for what she believes is best for Plymouth - not base her vote on threat of a lawsuit. Mayor Tierney stated that she had believed the new City Council should have the right to take a further look at this issue, particularly with regard to the covenant and reverter to industrial guiding should the Sam's Club cease in the future. She would have preferred to consider this as if no previous Council action has been taken; however, that does not appear to be in the best interest of the City. She stated that she will not vote to rescind what has already been approved. Councilmember Lymangood stated it is opinion that the prior Council was the target of a "surprise attack" they were not equipped to handle on December 20. He reviewed the actions of the Council from the transcripts of the December 6 and December 20 meetings. He noted that on December 6, Mayor Bergman stated that the request had been denied, even though staff members indicated that no vote had been adopted. He stated the Planning commission has consistently recommended denial of this request, and for the reasons indicated as Numbers 1, 3, 4 and 5 of the proposed resolution, he will vote to rescind. Councilmember Lymangood showed two copies of the most recent Sun Sailor. He noted that one edition has a cover story about the Carlson request, while the other edition does not mention it. Councilmember Morrison stated she does not like the position the Council finds itself in. She stated the new Council must decide if there is enough evidence to change the guiding and zoning as it currently exists. The site currently exists as CR -2 guiding and B-2 zoning as adopted by the Council on December 20 - not as industrial guiding. It is the Council's job to consider whether anything has significantly changed since December 20 to warrant a change. She understands the residents' concerns, but believes that legally what is before the Council is not a clean slate". It is a question of whether anything has changed since December 20 to justify a rescinding action. She stated that she may have voted differently if she had been sitting on that previous Council; however, the Council must now consider the actions that have been taken on December 6, December 20, and January 3. She believes the previous Council did have sufficient information to support their decision and she does not believe their decision was arbitrary. Councilmember Morrison stated she has heard very little from residents of her ward on this issue. She stated the Council has to adhere to a legal standard to avoid being arbitrary and the decision must be well -reasoned. She has not been made aware of any change in circumstances since December 20 that would be a reason for rescinding that action. Council Minutes February 28, 1994 Page 16 Councilmember Anderson stated it has been difficult to balance the desires of the neighborhood and Carlson Company on this issue. He stated this Council has an obligation to right certain wrongs by the previous Council and do what is in the best interest of the citizens. He will support rescission. Councilmember Anderson stated he visited Carlson Company headquarters where he viewed a scale model of this area. The model shows industrial development on this site. He stated that when property owners moved into this area they received a Comprehensive Plan that indicated the surrounding area was industrial. It is unreasonable and unconscionable to change that. He believes that the previous Council ignored key facts and made a gross violation based on the evidence. He stated the previous Council disregarded the Planning Commission recommendation and the citizens comments. They did not balance the homeowners' and development interests. MOTION was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt resolutions rescinding the land use guide plan amendment, rezoning, and setting conditions for Carlson Real Estate Company (93117). Attorney Barnard recommended that the Council act separately on each resolution, as a 5/7 vote is required on two of the three resolutions. SUBSTITUTE MOTION was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt A RESOLUTION RESCINDING RESOLUTION 93-817 LAND USE GUIDE PLAN AMENDMENT FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CARLSON PARKWAY AND I-494 (93117). Councilmember Lymangood stated this resolution contains five reasons for rescission. He supports Findings 1, 3, 4, and 5, but suggests that Finding 2 be deleted as the Planning Commission did not cite specific data to support their conclusion. MOTION to amend was made by Councilmember Lymangood, seconded by Mayor Tierney, to delete Finding No. 2 from the proposed resolution. Councilmember Lymangood further explained that Finding 2 states "The CR -2 guiding will negatively impact the redevelopment of existing CR -2 guided property; or similarly guided properties, specifically the CC guided area of Downtown Plymouth". He stated the Planning Commission finding does not cite any specific data; nor was a market study prepared. The evidence to support Finding 2 is weaker than the other findings. Motion to amend carried: six ayes; Helliwell nay. Council Minutes February 28, 1994 Page 17 Councilmember Helliwell stated she believes the finding is appropriate and that if the Council allows retail development at other locations in the City, it will weaken development in Downtown Plymouth. Councilmember Morrison asked Mayor Tierney if she believes there has been a change in circumstances regarding the Sam's Club issue since December 20. Mayor Tierney stated that the approval action on December 20 contained the covenant reverter clause. That was a change from December 6 to December 20. She does not believe other changes have occurred since then. Councilmember Anderson requested a roll call vote. Motion failed: Granath, Anderson, Lymangood, and Helliwell ayes; Edson, Morrison and Tierney nays. Mayor Tierney stated that the motion failed for lack of a 5/7 vote, and because the reguiding failed, there is no reason to consider rescinding the other resolutions. ITEM 8-C CONSIDER SAFETY CONCERNS NEAR BIRCHVIEW SCHOOL Public Works Director Moore stated that a petition was received from the Birchview Elementary School PTA regarding safety concerns on Ranchview Lane. With the exception of Ranchview Lane between 3rd Avenue and 5th Avenue, the streets are typically 30 feet wide without concrete curb and gutter or storm sewer system. Because of a substantial tree area adjacent to Ranchview Lane along the school property, and the lack of adequate public right-of-way for Ranchview Lane on the residential home property immediately south of the school, Ranchview Lane was narrowed to a width of 18 feet within this area and curved easterly. There are no sidewalks along Ranchview Lane. If right-of-way were provided for the street in this area, an existing garage would need to be removed since it would be located almost entirely within the area needed for additional street right-of-way dedication. An action before the City Council on March 17, 1969, was the approval of a subdivision waiver allowing the property owner (the Smith's) to divide their property into two parcels, one of which would be purchased by the school. At that the meeting, the City Council approved "a resolution approving the subdivision waiver subject to dedication of the right-of-way of Ranchview Lane from both the Smiths and School District No. 284." The school district dedicated the portion of right-of-way from the property which they purchased but no right-of-way was dedicated from the Smith property. Director Moore stated there are currently several signs on Ranchview Lane to warn motorists of the school. He concurs that there is a safety hazard along Council Minutes February 28, 1994 Page 18 Ranchview Lane adjacent to the Birchview School because of the narrowness of the street. He recommended that the street be considered for reconstruction as part of the City's Reconstruction Program. Drainage concerns would also be addressed. He further recommended that Ranchview Lane between Gleason Lake Drive and 7th Avenue be considered with the proposed 1995 program. Time does not permit the planning, engineering, public input, and construction to complete the work before school begins in September, 1994. Since this is the only access to the school, construction should be during the summer months. He also recommended that the City request the school district to cooperate in the acquisition of the necessary right-of-way for Ranchview Lane from the Smith property as contained within the City's original approval in 1969. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to accept the staff report and to direct that Ranchview Lane from Gleason Lake Drive to 7th Avenue be included in the proposed 1995 Street Reconstruction Program. Jim Libby, Birchview Elementary School Principal, stated they are concerned about the safety of Ranchview Lane. When snow is piled, the existing 18' right-of- way is narrowed to about a 12' driveable width. He encouraged the Council to proceed. Motion carried, seven ayes. ITEM S -D OPTIONS FOR WETLAND BUFFER REGULATIONS Public Works Director Moore presented the Water Quality Committee recommendations for consideration of wetland setbacks and buffer zones. He reviewed the proposed outline and timeline for development of Wetland Ordinance. The timeline indicates that a proposed ordinance would be considered by the City Council on June 6, 1994. Councilmember Helliwell stated a resident suggested that a temporary moratorium ordinance be adopted because there will be a lot of building permits issued from now until June when the ordinance is proposed to be considered by the City Council. Director Moore stated it is unlikely that this ordinance could affect any existing lots in the City or any preliminary plats that are approved. He stated the zoning ordinance changes requires a public hearing before the Planning Commission, and he believes this process is necessary to get the needed public input. Council Minutes February 28, 1994 Page 19 MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to approve the proposed schedule for developing a Wetland Setback Ordinance. Anne Bipes, 10605 52nd Avenue North, supported the City's efforts to develop a wetland ordinance. She suggested that the schedule be changed to delete the 10 days developers are proposed to be given for comment. She stated developers can address the proposed ordinance at the public hearing along with the residents. Marsha Videen, 1151 Kingsview Lane, represented East Parkers Lake Improvement Association. She also supported shortening the schedule because it is important to protect the wetlands and buffer strips. She stated the City has an opportunity to take preventive action and adopt an ordinance prior to the upcoming construction season. Barb Senness, Planning Supv., stated the meetings with developers are proposed because it is important to discuss the issue with the people who will be directly affected by the ordinance. She suggested that an alternative to shortening the schedule would be to eliminate the informal ordinance review by the City Council. Councilmember Helliwell suggested that informal meetings should be held with interested residents, as well as developers. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to amend the proposed schedule for developing a Wetland Setback Ordinance by deleting the informal Council review and adding informal meetings with residents and developers. Motion to amend carried, seven ayes. SUBSTITUTE MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to approve the Wetland Setback Ordinance schedule as amended, with the final ordinance to be considered by the City Council on May 16 Motion carried, seven ayes. ITEM 8-E LABOR CONTRACT WITH MAINTENANCE EMPLOYEES Assistant Manager Lueckert presented the proposed labor agreement for 1994-95 with AFSCME Council 14 representing the Plymouth maintenance workers. She described the proposed changes. Councilmember Anderson asked if random drug testing will be done under the contract. Council Minutes February 28, 1994 Page 20 Assistant Lueckert stated that on August 1 the City will do random drug testing for holders of commercial drivers licenses, as required by state laws. All other testing will continue as in the past. MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to adopt RESOLUTION 94-117 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND PLYMOUTH MAINTENANCE EMPLOYEES REPRESENTED BY AFSCME, COUNCIL 14, FOR THE CALENDAR YEARS 1994 AND 1995. Motion carried, seven ayes. ITEM 9-A AUTHORIZE K-9 UNIT PROGRAM FOR POLICE Public Safety Director Gerdes stated he was available to answer questions regarding the proposed K-9 Unit for the Police Division. He stated that the Plymouth Crime and Fire Prevention Association has donated funds to pay for the implementation and first two years operation of this program. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve a K-9 program for the Police Division. Motion carried, seven ayes. ITEM 9-B APPROVE CONSULTANT FOR EXISTING LAND USE Councilmember Lymangood asked if the hiring of a consultant to complete an existing land use inventory for the entire City is a necessary step in the planning process for northwest Plymouth. Community Development Director Hurlburt stated yes. Mayor Tierney asked how extensively the inventory will address wetlands and terrains. Director Hurlburt responded that the only wetland information included in the inventory at this phase will be data on the national wetland inventory. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-118 APPROVING CONSULTANT SERVICES FOR A LAND USE INVENTORY. Council Minutes February 28, 1994 Page 21 Motion carried, seven ayes. ITEM 9-C STUDY SESSION SCHEDULE MOTION was made by Councilmember Helliwell, seconded by Councilmember Anderson to cancel the Council meeting scheduled for March 19 and to establish special Council meetings and topics as recommended in the staff report. Motion carried, seven ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, to adjourn the meeting at 11:18 p.m. Motion carried, seven ayes. City Clerk