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HomeMy WebLinkAboutCity Council Minutes 07-11-1994MINUTES REGULAR COUNCIL MEETING JULY 11, 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 July 11, 1994. PRESENT: Mayor Tierney; Councilmembers Morrison, Lymangood, Helliwell, Granath, and Edson. ABSENT: Councilmember Anderson. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Planning Director Hurlburt, Park Director Blank, Finance Director Hahn, Public Safety Director Gerdes, Planning Supv. Senness, Forester Buck, Property Management Coordinator Tabery, City Attorney Barnard, and City Clerk Ahrens. ITEM 3-A FORUM - CHRIS SLACK Chris Slack, 2135 Weston Lane, asked if the Subcommittee established to study transit issues in Plymouth has met, and when the performance report on in-house engineering services will be completed. Manager Johnson stated the Transit Subcommittee will likely meet during August or Sept. for budget consideration. Information on the in-house engineering services is being prepared in conjunction with the 1995 proposed budget. It will be available in a few weeks. Mr. Slack stated that the Council discussed the tax rate during establishment of Goals and Objectives. He asked if the Council meant to establish as a goal that there would be no tax increase or no tax rate increase for 1995. Mayor Tierney stated the Council's intent was that there be no tax rate increase. Councilmember Edson stated this was clarified at the time the Council adopted its goals. ITEM 3-B FORUM - TOWING CONTRACT Frank A. Manaro, 1400 Rhode Island Avenue North, Golden Valley, represented Frankie's Towing. He stated he wrote to the City in January asking for information about the towing contract. He subsequently talked with Risk Management Coordinator Bob Pemberton who informed him there would be no bidding for the towing contract this year. However, in early July, he received a Regular Council Meeting July 11, 1994 Page 2 letter from the City inviting him to bid on towing services. Mr. Manaro stated the notice and specified requirements are too restrictive, and he does not have time to prepare a bid. He also stated that his calls were not returned. Finance Director Hahn stated the restrictions were placed in the specifications as the result of previous inconvenience to residents having to pick up their vehicles from a storage area that was a distance outside of the City. Councilmember Granath stated he would like a report from staff on the incident to ensure that Mr. Manaro was treated the same as other potential bidders. Finance Director Hahn stated that a report will be provided. ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to approve the agenda. Motion carried, six ayes. ITEM 6 CONSENT AGENDA Councilmember Lymangood stated he will be voting in favor of Item 6-G, but asked that his comments be noted on this item. Resident Chris Slack requested the removal of Item 6-C. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to approve the Consent Agenda except for Item 6-C. Motion carried, six ayes. ITEM 6-A APPROVE COUNCIL MINUTES MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to approve the minutes of the May 2 regular meeting. Motion carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-354 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JUNE 30, 1994. Regular Council Meeting July 11, 1994 Page 3 Motion carried, six ayes. ITEM 6-C AUTHORIZE BID FOR CITY CENTER EXPANSION PROJECT Property Management Coordinator Tabery presented the staff report on the request to authorize bids for the City Center expansion project. Chris Slack, 2135 Weston Lane, asked if there is any provision in the contract specifications of how much of the content is to be American-made. He suggested that the project be bid with an option for American-made materials so that can be evaluated along with the lowest bid. He also requested a copy of the proposed plan for evaluating the bids. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 94-355 AUTHORIZATION TO SOLICIT BIDS FOR CITY CENTER EXPANSION PROJECT. Councilmember Helliwell asked if the Council could solicit bids with the option suggested by Mr. Slack. Mr. Trossen, the project architect, stated that he can review the specified items to identify manufacturer where possible. Motion carried, six ayes. ITEM 6-D AUTHORIZE PROPOSALS FOR TELECOMMUNICATIONS CONSULTANT MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-356 AUTHORIZING REQUEST FOR PROPOSALS FOR TELECOMMUNICATIONS CONSULTANT. Motion carried, six ayes. ITEM 6-E FUNDING AND PROGRAM OPTIONS FOR RECYCLINGIYARD WASTE PROGRAM MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to approve the staff evaluation proposal for funding and program options for the City's Recycling/Yard Waste Programs. Motion carried, six ayes. Regular Council Meeting July 11, 1994 Page 4 ITEM 6-F APPROVING CHANGE FOR WEST HEALTH CAMPUS BONDS MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-353 AMENDING RESOLUTION NO. 94-290 (AUTHORIZING THE ISSUANCE OF ITS HEALTH FACILITIES REVENUE BONDS (WESTHEALTH CAMPUS PROJECT), SERIES 1994A AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH) TO APPROVE THE SUBSTITUTION OF THE BORROWER, TO INCREASE THE DOLLAR LIMITATION OF THE BONDS AND TO APPROVE THE REVISED FORMS OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH. Motion carried, six ayes. ITEM 6-G ORRIN THOMPSON HOMES. PUD PRELIMINARY PLAN AMENDMENT AND VARIANCE (94046) MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-357 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCE FOR ORRIN THOMPSON HOMES FOR PROPERTY LOCATED EAST OF DUNKIRK LANE AT 40TH AVENUE NORTH (94046). Councilmember Lymangood stated that although he has not supported excessive cul-de-sac length variances in the past, he will support this request for the following reasons: 1) The variance length is not too great (i.e. 650'v. 500'); 2) The builder is not requesting the variance in order to increase the number of lots; in fact, the number of lots has been reduced; 3) The variance will help protect the wetlands; and 4) There was no public opposition to the variance at the public hearing. Motion carried, six ayes. ITEM 6-H VOLP MANAGING. SITE PLAN AMENDMENT, C.U.P.. AND VARIANCE (94052) MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-358 APPROVING SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCE FOR VOLP MANAGING FOR PROPERTY LOCATED AT 14100 AND 14025 23RD AVENUE NORTH (94052). Motion carried, six ayes. Regular Council Meeting July 11, 1994 Page 5 ITEM 6-I CIMARRON EAST HOMEOWNERS ASSOCIATION. AMENDED PUD PLAN AND C.U.P. (94064) MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-359 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR CIMARRON EAST HOMEOWNERS ASSOCIATION FOR PROPERTY LOCATED AT 19TH AVENUE NORTH WEST OF FERNBROOK LANE (94064). Motion carried, six ayes. ITEM 6-J REVISIONS TO SHORELAND OVERLAY MANAGEMENT DISTRICT ORDINANCE (94059) MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-360 SUMMARY OF AN ORDINANCE AMENDMENT THE ZONING ORDINANCE BY REVISING THE STANDARDS OF THE SHORELAND OVERLAY DISTRICT (94059). Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt ORDINANCE 94-10 AMENDING THE ZONING ORDINANCE BY REVISING THE STANDARDS OF THE SHORELAND MANAGEMENT OVERLAY DISTRICT. Motion carried, six ayes. ITEM 6-K PLYMOUTH PRESBYTERIAN CHURCH. AMENDMENT TO PRELIMINARY PLAT (93141) MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-361 APPROVING PRELIMINARY PLAT FOR PLYMOUTH PRESBYTERIAN CHURCH FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF DUNKIRK LANE NORTH AND ROCKFORD ROAD (COUNTY ROAD 9) (93141). Motion carried, six ayes. Regular Council Meeting July 11, 1994 Page 6 ITEM 6-L ORRIN THOMPSON HOMES. PUD FINAL PLAN/PLAT FOR WESTBRANCH 2ND ADDITION (94045) MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-362 APPROVING RPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR ORRIN THOMPSON HOMES FOR PROPERTY LOCATED SOUTHEAST OF 40TH AVENUE NORTH AND DUNKIRK LANE NORTH (94045) (RPUD 92-7). Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-363 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT FOR ORRIN THOMPSON HOMES FOR PROPERTY LOCATED SOUTHEAST OF 40TH AVENUE NORTH AND DUNKIRK LANE NORTH (94045). Motion carried, six ayes. ITEM 6-M LUNGREN BROS./HEATHER RUN 3RD PUD FINAL PLAN/PLAT 94058 MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-364 APPROVING RPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROS. CONSTRUCTION COMPANY FOR PROPERTY LOCATED SOUTH OF MEDINA ROAD AT LAWNDALE LANE NORTH (94058) (RPUD 92-3). Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-365 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT FOR LUNDGREN BROS. CONSTRUCTION COMPANY FOR HEATHER RUN 3RD ADDITION LOCATED SOUTH OF MEDINA ROAD AT LAWNDALE LANE NORTH (94058) (RPUD 92-3). Motion carried, six ayes. Regular Council Meeting July 11, 1994 Page 7 ITEM 6-N RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-366 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE NORTH 8TH ADDITION LOTS 12-28, BLOCK 3, LOCATED NORTH OF COUNTY ROAD 6 AND 16TH PLACE NORTH (92071). Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-367 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR BRINKER RESTAURANT CORPORATION FOR CHILI'S LOCATED AT 4000 VINEWOOD LANE NORTH (91094). Motion carried, six ayes. ITEM 6-0 WEST MEDICINE LAKE COMMUNITY CLUB, EXEMPTION FROM LAWFUL GAMBLING LICENSE MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-368 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR WEST MEDICINE LAKE COMMUNITY CLUB. Motion carried, six ayes. ITEM 6-P AWARD BID FOR PLYMOUTH CREEK PARK ACCESSIBLE PLAYGROUND EQUIPMENT MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-369 AWARDING BID FOR PLYMOUTH CREEK ACCESSIBLE PLAYGROUND. Motion carried, six ayes. Regular Council Meeting July 11, 1994 Page 8 ITEM 6-0 AMEND BURN PERMIT ORDINANCE MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-370 ADOPTION OF AMENDED OPEN BURNING ORDINANCE. Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt ORDINANCE 94-12 RELATING TO OPEN BURNING. Motion carried, six ayes. ITEM 6-R AMEND COUNCIL MEETING SCHEDULE MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-371 ESTABLISHING REGULAR COUNCIL MEETING FOR AUGUST 29, 1994. Motion carried, six ayes. ITEM 6-S CHANGE ORDER 1 AND 2, WELL NO. 11 PUMPING FACILITIES PROJECT 909 MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-372 APPROVING CHANGE ORDER NO'S 1 AND 2, WELL NO. 11- PUMPING FACILITIES, CITY PROJECT NO. 909. Motion carried, six ayes. ITEM 6-T CHANGE ORDER 2, PROJECT 311, 110, AND 909 MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-373 APPROVING CHANGE ORDER NO. 2 WATERMAIN IMPROVEMENTS - WELL NO. 11, CITY PROJECT NO. 909. Motion carried, six ayes. Regular Council Meeting July 11, 1994 Page 9 ITEM 6-U DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-374 REDUCING DEVELOPMENT BOND, GREENWOOD PONDS ADDITION (91057). Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-375 REDUCING DEVELOPMENT BOND, PLYMOUTH OAKS ADDITION (93078). Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-376 REDUCING DEVELOPMENT BOND, CURTIS LAKE ADDITION (90105). Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-377 REDUCING DEVELOPMENT BOND, CURTIS LAKE SECOND ADDITION (91101). Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-378 REDUCING DEVELOPMENT BOND, PARKERS WOODS ADDITION (91037). Motion carried, six ayes. ITEM 6-V STREET LIGHTING IMPROVEMENTS FOR QUAIL HOLLOW ADDITION MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-379 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - QUAIL HOLLOW ADDITION. Motion carried, six ayes. Regular Council Meeting July 11, 1994 Page 10 MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-380 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING - QUAIL HOLLOW ADDITION. Motion carried, six ayes. ITEM 6-W SET HEARING ON VACATION OF EASEMENTS IN BASS CREEK BUSINESS PARK ADDITION MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-381 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT, LOTS 1 AND 2, BLOCK 1, AND OUTLOT A, BASS CREEK BUSINESS PARK 2ND ADDITION AND OUTLOT B, BASS CREEK BUSINESS PARK ADDITION. Motion carried, six ayes. ITEM 6-X AWARD CONTRACT FOR 1994 CRACK SEALING PROJECT MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-382 AWARDING BID, 1994 CRACK REPAIR PROGRAM. Motion carried, six ayes. ITEM 6-Y AWARD CONTRACT FOR MEDINA ROAD/COUNTY ROAD 24 IMPROVEMENTS, PROJECT 031 MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-383 AWARDING BID, MEDINA ROAD/CSAR 24 - PHASE H, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 031. Motion carried, six ayes. Regular Council Meeting July 11, 1994 Page 11 ITEM 6-Z APPROVE PLANS AND SPECIFICATIONS. NORTH HIGHWAY 55 FRONTAGE ROAD/SOUTH SHORE DRIVE, PROJECT 406 MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-384 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, NORTH HIGHWAY 55 FRONTAGE ROAD RELOCATION EAST OF SOUTH SHORE DRIVE, CITY PROJECT NO. 406. Motion carried, six ayes. ITEM 6 -AA APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1994 STREET RECONSTRUCTION - PART II CITY PROJECT NO. 401 MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-385 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1994 STREET RECONSTRUCTION - PART H, CITY PROJECT NO. 401. Motion carried, six ayes. ITEM 7-A WINE AND ON -SALE 3.2 LIQUOR LICENSE FOR NEW DYNASTY, INC. City Clerk Ahrens presented the staff report on the application of New Dynasty, Inc., for a wine and on -sale 3.2 liquor license at 14370 28th Avenue North. Mayor Tierney opened the public hearing on the liquor applications of New Dynasty, Inc., at 7:23 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-386 APPROVING ON -SALE 3.2 LIQUOR LICENSE AND WINE LICENSE FOR NEW DYNASTY, INC. Motion carried, six ayes. ITEM 7-B OFF -SALE INTOXICATING LIQUOR LICENSE FOR LIQUOR DUG OUT, INC. City Clerk Ahrens presented the staff report on the off -sale intoxicating liquor license application of Liquor Dug Out, Inc., located at 12 Nathan Lane. Regular Council Meeting July 11, 1994 Page 12 Mayor Tierney opened the public hearing on the off -sale intoxicating liquor application of Liquor Dug Out Inc., at 7:25 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councihnember Lymangood, to adopt RESOLUTION 94-387 APPROVING OFF -SALE INTOXICATING LIQUOR LICENSE FOR LIQUOR DUG OUT, INC., 12 NATHAN LANE. Motion carried, five ayes; Granath nay. ITEM 7-C OFF -SALE INTOXICATING LIQUOR LICENSE APPLICATION OF WCR LIQUORS. INC. D/B/A G -WILL LIQUORS Assistant Manager Lueckert presented the staff report on the application for an off -sale intoxicating liquor license of WCR Liquors, Inc., d/b/a G -Will Liquors, at the intersection of 22nd Avenue and Vicksburg Lane (Lot 1, Block 1, Parkers Lake North 5th Addition). She stated that the police investigation has been completed, and all technical requirements of the application have been met. Since the building has not yet been constructed, license approval would be contingent on receipt of a Certificate of Occupancy. She stated the Council can consider the appropriateness of issuing a liquor license in the requested location. Public Safety Director Gerdes explained that the standard background investigation was conducted, and from a technical aspect, there were no errors in the application and nothing in the background investigation to indicate a reason for denial. City Attorney Barnard stated he has been asked to address what discretion the Council has with respect to consideration of liquor license applications. He advised that this is an area where the City Council has broad discretion. The Council can consider typical items such as character of the applicant and completeness of the application, but the Council also can consider the appropriateness of the proposed location, and the number and existing locations of other liquor licenses issued in the City. He stated that two resolutions have been provided in the staff report for consideration. The first resolution would approve the license application. The second resolution would deny the application based on two items: 1) Adequate similar facilities currently exist in the immediate area; and 2) The use is incompatible with the surrounding area. He stated the Council may add other reasons for denial if they wish. Regular Council Meeting July 11, 1994 Page 13 Joe Nemo represented WCR Liquors, Inc. He stated that WCR Liquors, Inc., is one of a number of operating corporations owned by William Rademacher, a Plymouth resident. He currently operates two G -Wills Liquors located in Andover and Brooklyn Park. The stores are full-service off -sale liquor stores of about 10,000 sq. ft. He stated that there is an outstanding resolution that has been approved for the use of this site. Mayor Tierney stated that one of the concerns of the G -Wills Liquors proposed in Plymouth relates to the large building size. Mr. Nemo stated the sales floor would be less than 10,000 sq. ft., and it would be a free-standing building. Mayor Tierney asked how much of the area the liquor store would cover of the total area designated for commercial use at this intersection. Mr. Nemo stated that a convenience store with gasoline is also proposed on this total four acre site. He introduced the General Manager. Councilmember Helliwell asked if the site plan for a liquor store was previously approved for this location. Assistant Manager Lueckert responded that no liquor license has been approved for this site. This corner of the Parkers Lake development was designated for commercial use in a PUD. Community Development Director Hurlburt stated that staff has done a preliminary review of the proposed site plan, but no formal application has been submitted. Councihnember Helliwell questioned whether any type of commercial use is appropriate for this residential neighborhood. Councihnember Morrison asked about the surrounding zoning. Director Hurlburt responded that the abutting zoning is residential. Mayor Tierney stated she has received 40 to 50 phone calls from residents opposed to the proposal of a liquor store in this location. She has found no reason to support the application. Councihnember Helliwell stated she will not vote in favor of the application. Regular Council Meeting July 11, 1994 Page 14 Councilmember Granath stated he will not support the application. Mayor Tierney opened the public hearing on the off -sale intoxicating liquor license application of WCR Liquors, Inc., for Lot 1, Block 1, Parkers Lake North 5th Addition at 7:37 p.m. David Quimby, 2145 Weston Lane, showed the proposed preliminary drawing for this site. He stated concerns that a building of this size, with the parking potential for 130 vehicles, and gasoline and convenience store will not be good for a residential neighborhood. Luann Netherland, 2125 Weston Lane, stated that residents videotaped the area from Dunkirk Lane to 22nd Avenue to show the existing neighborhood. She is concerned about the extra traffic that a liquor store would generate, particularly with bike trails in the area. Tom Reinke, 2100 Weston Lane, questioned the community need for a liquor store in this location. He stated that there are three existing liquor stores within three minutes of the proposed site. Another resident noted that G -Wills Liquors sells high volume and draws from a wide trading area. Chris Slack, 2135 Weston Lane, stated that this proposed use would bring a significant number of vehicles to the intersection of 22nd Avenue and Vicksburg Lane. He stated that this is not acceptable in an area with trails leading to major park facilities, including Parkers Lake. He stated that one of the Council's goals has been finding ways to control traffic in residential areas. Mr. Slack stated that the neighborhood is not opposed to all commercial uses at this location, but is opposed to liquor license issuance for this site. Jim Guily, 2130 Weston Lane, stated that the current speed limit of Vicksburg Lane is 50 mph, and he questioned the difference between I-494 and Vicksburg Lane. His home backs up to Vicksburg Lane, and if this use is approved, he has concerns with nuisance lighting at night, gasoline runoff into the ponds, litter, ground water pollution, and potential crime impacts. He is also concerned because there is a high school and ballfields nearby, and this may encourage underage drinking. Scott Weaver, 2060 Black Oaks Lane, President of the Steeplechase Homeowner Association, stated their concerns with this request are increased traffic, environmental factors, and incompatibility with the existing residential Regular Council Meeting July 11, 1994 Page 15 neighborhood. He asked that the Council listen to the concerns of the neighborhood residents and deny the application. Mayor Tierney stated that a letter opposed to the request was received from Greg Butcher. Ed Smith, 2235 Xene Lane, stated he lives in the Steeplechase development. He is concerned with the proposed use because there are two wetland areas that should be preserved, and gasoline service stations can leak into the ground water. If there is going to be future commercial development at this intersection, he would prefer one with low visual impact to include a large setback from Vicksburg Lane, landscape berm, and trees. Mayor Tierney asked staff for an explanation of the current zoning of the site. Community Development Director Hurlburt stated that this site is part of the larger Parkers Lake PUD. The Steeplechase neighborhood is one of the nearby residential developments that is nearing completion. She stated that the site at 22nd Avenue and Vicksburg Lane was designated a neighborhood retail/commercial site before the homes were built in the surrounding neighborhood. In 1988, a plan for a retail strip center was approved; but it was not built, and that approval has expired. Through the PUD approval, this site was designated for commercial use, and a conditional use permit has been approved which designates that any use acceptable in the B-2 Zoning District would be appropriate for the site. Only site plan approval would be required for a proposed commercial use that is acceptable under the conditional use permit for this site. Councilmember Helliwell asked about the site size. Director Hurlburt responded that it is about 4.6 acres. Councihnember Helliwell asked about the process for designating this site for residential use, if the majority of the Council so desired. Director Hurlburt stated it would require an amendment of the conditional use permit for the PUD, and it could be initiated by the City. The abutting property to the north is being developed for single family homes, and she would expect that this site would have development potential for residential use, given the surrounding residential uses. Attorney Barnard stated that if the Council wishes to consider amending the site for residential use, the appropriate procedure would be to refer it to staff for Regular Council Meeting July 11, 1994 Page 16 presentation of a proposal for the Planning Commission. He added that he has not thoroughly researched the procedural history on this parcel. Attorney Barnard stated it would take a Council majority vote to refer the issue to the Planning Commission, and a conditional use permit amendment would require a 5/7 vote for approval. Councilmember Helliwell requested that staff provide a report on this issue in a future packet. Robert Pfaffinger, 2235 Zanzibar Lane, stated he does not support any commercial development on this site. Mayor Tierney closed the public hearing at 7:57 p.m. MOTION was made by Councilmember Granath, seconded by Councilmember Edson, to adopt RESOLUTION 94-388 DENYING OFF -SALE INTOXICATING LIQUOR LICENSE FOR WCR LIQUORS INC., D/B/A G -WILL LIQUOR. Motion to deny carried, six ayes. Councilmember Helliwell stated she would like a staff report on the current allowable uses of this site, and procedure for amending the allowable uses. Councilmember Morrison concurred, and stated she would specifically like the legal issues addressed. Director Hurlburt stated that since the liquor license has been denied, she would assume that the site plan application would be withdrawn. MOTION was made by Councilmember Helliwell, seconded by Councilmember Morrison, to direct staff to initiate a review of the allowable use of this site and to include a report on legal issues involved in amending the conditional use permit. Motion carried, six ayes. ITEM 8-A ACQUISITION OF ESS PROPERTY Public Works Director Moore presented the staff report on possible acquisition of the Ess property and the proposed purchase agreement. He stated the property owner has requested that the City purchase the property at this time because the property will be needed in the future if an interchange is constructed Regular Council Meeting July 11, 1994 Page 17 at I-494 and Schmidt Lake Road, and the southerly portion of the parcel is indicated as parkland in the Comprehensive Plan. He stated that the property owner has agreed to accept $549,000 for the purchase of the property. The proposed purchase agreement states that the City would purchase the property over a three year period, but it could be amended by the Council. Mayor Tierney questioned the most recent study conducted for the need for the I-494/Schmidt Lake Road interchange. Director Moore explained that the last study was done in 1982, which was part of the overall County Rod 61 Corridor study. Three interchanges on I-494 were considered as part of that study: County Road 6, Schmidt Lake Road, and Carlson Parkway. The County Road 6 and Carlson Parkway interchanges have been built. The Schmidt Lake Road interchange is not in the five-year Capital Improvement Program, but with ultimate development, there is still a need shown for an interchange at this location. He stated it will be difficult to prove the need for the interchange because it must be shown that there will not be a negative impact on the I-494 system. Manager Johnson stated that the City could conduct an updated study on the need for an interchange at this location. Given that an interchange would cost in the range of $8 million, the cost for the study would be well spent. Councilmember Edson stated he would support a revised study. He questioned the information in the previous traffic study relating to the impacts on Schmidt Lake Road and Zachary Lane. Councilmember Lymangood also questioned the impacts on Pineview Lane. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to table further action on the proposed purchase of the Ess property at I-494 and Schmidt Lake Road until a traffic study is completed, and to direct staff to conduct the traffic study and report back. Larry Liles, 4401 Robin Avenue North, Robbinsdale, represented the property owner and was present to answer questions. Lori Marchiniak, 5205 Yorktown Lane, urged the Council to consider the need for the future interchange before purchasing the site. She supported purchase of the southern 2/3 of the site for parkland, irrespective of what happens with the northern portion. She has been advised that the MnDOT does not believe an Regular Council Meeting July 11, 1994 Page 18 interchange is justified in this location, and she suggested that the Council revise the Thoroughfare Guide Plan to delete this proposed interchange. Ms. Marchiniak stated she is strongly against an interchange. She stated there are about 28 cul-de-sacs and 36 streets that have no outlet from their neighborhoods except via Schmidt Lake Road. She believes that signals will be needed to get access to Schmidt Lake Road, and noted concerns with heavy traffic which causes pollution and noise in the residential areas. Mayor Tierney asked about the timing and cost of a revised traffic study. Director Moore answered that a revised study will take about three weeks to complete and will cost from $2,000 to $3,000. It may cost more to get information on all destinations to and from the roadway. Mayor Tierney stated that there are merits to delaying this purchase if additional information is needed. Councilmember Edson reminded the Council that the City did not initiate this purchase, and the Council needs additional information in order to make a decision. He stated that traffic numbers are substantial and are not consistent or justified in the previous study. Councilmember Helliwell stated she has never supported the construction of Schmidt Lake Road. She believes that it was not good planning to place Schmidt Lake Road through residential neighborhoods and connect it to freeways. She noted there is industrial zoning on one side of the Ess site and no frontage road access. She supports the purchase of the southerly portion of the property for parkland, but will vote to table this item in order to obtain a revised traffic report. Councilmember Helliwell stated she would like Schmidt Lake Road to end at Vicksburg Lane. Councilmember Lymangood requested that the revised study address traffic on Schmidt Lake Road, and the large differences in the previous study on traffic numbers and effects on Zachary Lane, and the County Road 9/I-494 intersection. Mr. Liles stated the property to the north of the Ess property is zoned for industrial use. He suggested that the City purchase the entire Ess parcel since the majority of the property is proposed for use as parkland. He stated that the majority of the northerly portion is environmentally sensitive. It could serve as a buffer from the freeway and connect with the Hennepin County trail system. He stated the property owner is willing to receive the purchase price in one year, rather than over three years, if that is preferred by the Council. Regular Council Meeting July 11, 1994 Page 19 Motion to table carried, six ayes. ITEM 8-B CARLSON REAL ESTATE COMPANY. PRELIMINARY PLAT SITE PLAN AND C.U.P. FOR SUPER AMERICA STORE (94014) Planning Supv. Senness presented the staff report on the request of Carlson Real Estate Company for preliminary plat, site plan, conditional use permit, and variances located at the southeast corner of I-494 and County Road 6. The application is to create three new building sites for a SuperAmerica convenience store, a fast food restaurant, and a future industrial building. The Preliminary Plat includes replatting the lot on which the CMG building is located. The future industrial lot would not have frontage on an accessible public street. Access would be provided through mutual access easements. She stated the primary issues discussed at the Planning Commission public hearing were traffic concerns at the entrance to the project at County Road 6, whether or not the existing advertising sign should be removed from the site, and if a public trail should be required as part of the project. The Planning Commission's recommendation of approval includes a condition prohibiting left - turns from the driveway onto County Road 6. Subsequent to the Planning Commission meeting, the Minnesota Department of Transportation and Hennepin County have opposed a signal at this location as it is too near the I- 494 access. The recommendation from the traffic consultant is that if left -turns are allowed, that modifications be made and the driveway moved easterly to route traffic to a signalized intersection at Annapolis Lane. Public Works Director Moore explained there are not adequate gaps in the traffic to allow left -turns out of the site. Westbound traffic could make right turns into the site, but he recommended that the driveway be designed so only right -turns are allowed and to prevent left -turns out of the site. Mayor Tierney stated she is concerned that if this plan is approved, the City would be encouraging U-turns at the Annapolis Lane intersection which could be a safety hazard. Director Moore stated that U-turns are permitted on the left -turn signal at an intersection, unless specifically prohibited. Councilmember Helliwell asked how far vehicles will go leaving the site before making the U-turn at the intersection. Regular Council Meeting July 11, 1994 Page 20 Director Moore said that the Annapolis Lane intersection is about 1/2 block, and the Xenium Lane intersection would be one block further. Councihnember Lymangood stated that the proposed convenience store and restaurant are intended to serve the entire industrial area east of I-494, and he questioned if the development has the necessary access for the area it is intended to serve. Director Moore responded that the plan provides adequate access for the area the uses are intended to serve. Councihnember Morrison asked if U-turns could be made at Xenium Lane, rather than Annapolis Lane. She has safety concerns if U-turns are not prohibited at Annapolis Lane. Director Moore said that U-turns may more typically occur at Xenium Lane because it is signalized. There is currently a median on County Road 6 with openings at Annapolis Lane and at this site location for turns. He stated that if safety problems occur, U-turns could be prohibited through signage at Annapolis Lane. Bill Ferris, 1240 West 98th Street, representing SuperAmerica, was present to answer questions. Councihnember Granath noted that the convenience store is intended to serve the industrial area and asked if there will be advertising signage which can be seen from I-494 which will draw freeway traffic to the site. Mr. Ferris stated that limited signage is proposed, and he does not believe it would be visible from I-494. Mayor Tierney asked the applicant's view about the proposed prohibition of left -turns from the site. Mr. Ferris stated he would prefer full access to the site; however, he feels that the site will still work if left turns are prohibited. Vehicles can leave the site and drive to Xenium Lane, then north to Highway 55. This will alleviate the need for westbound access back to the I-494 interchange. He does not believe that the U-turns would be a problem, and feels that westbound access to the site and eastbound access from the site will be sufficient. Brad Lis, representing Carlson Real Estate Company, was available for questions. Regular Council Meeting July 11, 1994 Page 21 Mayor Tierney stated she is concerned about the traffic impacts and supports moving the driveway and signalization at Annapolis Lane. Mr. Lis stated they considered signalization at Annapolis Lane, but that created problems for the existing CMG building. The edge of the driveway comes to the building line. If an access were added across from Annapolis Lane, parking would be displaced. The building is 300,000 sq. ft., and parking is now full. It would be difficult to add a driveway to the east because the grade changes. In response to a question from Councihnember Granath, Mr. Lis stated that signage is only proposed on the buildings. No pylon signage is proposed that could be seen from I-494. He stated that the fast food restaurant will be located the closest to I-494, and it is possible that the restaurant could be seen from the roadway. Mr. Lis stated that they are specifically not requesting pylon signage because they are attracting business from the industrial area. Jerry Sisk, 17015 24th Avenue North, stated that many of the industrial buildings have been in place for many years. He stated that retail businesses were constructed in appropriately zoned areas to serve the industrial area when fully developed. He questioned whether there is truly a need for a convenience store and fast food restaurant in this location and cited concerns with safety and the high traffic impacts. Mr. Sisk stated there is residential use on one side of County Road 6, and vehicles will be drawn from I-494 to the area. He believes that a 24-hour business would change the nature of this intersection. When Hennepin County had previously proposed to construct a transfer station in this area, there was much concern about traffic impacts. He stated there are sufficient existing gasoline service stations and fast food restaurants to serve the industrial area, and he asked the Council to consider what approval of this request may do to existing businesses that were previously approved to serve the industrial area. John Sagat, KKE Architect for the proposed project, was present to answer questions. Mayor Tierney stated she had received a phone call from an individual concerned about traffic and crime impacts of the proposal, as well as the parking problems being caused by the existing Carlson Company cafeteria. Public Safety Director Gerdes stated it does not appear there would be considerable impact on crime statistics. He stated that there was a statement from a resident that the Carlson Company in-house cafeteria at County Road 6 and Highway 55 is now open to the public. Regular Council Meeting July 11, 1994 Page 22 Mr. Lis stated he is unaware of the cafeteria being open to the public. With regard to traffic, he stated that this use will serve the existing industrial area so an increase in traffic is not anticipated. Councilmember Helliwell stated that she believes that the proposed convenience store and restaurant will serve an area much larger than the immediate industrial area. She believes the businesses will advertise to a much larger area, and that the roadway system is not adequate to accommodate this use in this location. She also believes the sites are too close together with insufficient access. Councilmember Morrison asked if a finding needs to be made with respect to approval or denial of the requests and what options the Council has available. Manager Johnson stated that with regard to the conditional use permit, the Council would need to find that the proposed uses will predominantly serve the industrial area. The Council could deny the requests, particularly on the basis of the conditional use permit standards. The Council could approve the requests with various site access options or with additional conditions such as approval with signalization at Annapolis Lane. The requests could also be tabled to a future meeting to request a revised site plan. Councilmember Helliwell asked if the revised site plan would go to the Planning Commission for public hearing. Director Hurlburt stated that if significant changes were proposed, a new public hearing would be required. If minor modifications were made, the revised site plan could come directly back to the Council. Public Director Moore stated that the traffic studies show substantially different projections between an industrial use for the site at 1,700 vehicles/day, compared to commercial use of the site at 4,470 vehicles/day. He stated the level of service on County Road 6 would not be affected, but there would be significantly more traffic. Councilmember Lymangood noted that a Councilmember is absent and the Council has previously deferred General Business items which require a super - majority vote when members are absent. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to table the requests of Carlson Real Estate Company for preliminary plat, site plan, conditional use permit and variances located at the southeast corner of I-494 and County Road 6, in order to have the full Council Regular Council Meeting July 11, 1994 Page 23 present at a future meeting, and with additional information on site design options and alternatives to deal with the traffic concerns including signalization at Annapolis Lane. Councihnember Granath spoke against deferral and putting further time and expense into the process. His major concern is the impact that this will have on the traffic in the area, and he does not believe that the proposed uses will only serve the industrial park. Mr. Lis stated that SuperAmerica representatives believe it will service the industrial area, and they would like the opportunity to convince the Council of that. Motion to table carried: Morrison, Lymangood, Edson, and Tierney ayes; Helliwell and Granath nays. ITEM 8-C LOWRY HILL DEVELOPMENT COMPANY. GOLFVIEW ESTATES - ELIMINATE CONDITION TO REQUIRE EMERGENCY ACCESS FROM COMSTOCK LANE TO COUNTY ROAD 9 (91047) Planning Supv. Senness stated that about a month ago, a resident appeared at the Forum and reported that when residents of Comstock Lane purchased their homes, they were informed that the berm at the end of Comstock Lane would be filled in. However, when the Council previously approved the plan there was a provision for an emergency access because there are two cul-de-sacs in excess of 500'. Until such time as 45th Avenue North is extended to provide a secondary access to Comstock Lane, staff continues to support the need for an emergency access from Comstock Lane to County Road 9. She stated that the developer knowingly accepted this condition when he could not obtain a permit from the County for a public street connection. One alternative is to use "grass pave" surfacing for the emergency access and a wood fence. This would be a means of providing the City with access, but meet the concerns of the residents. The "grass -pave" treatment was recently approved for Pintail Villas development. Councihnember Lymangood asked if there are plans underway for connection of 45th Avenue to County Road 9. Planning Supv. Senness responded that the intent is that the roadway would be connected to County Road 9 with future development, but there is no way of knowing when this may occur. Regular Council Meeting July 11, 1994 Page 24 Councilmember Edson stated there have been comments that this access was not shown on the site plan. Supv. Senness responded that the berm is shown on the grading plan with an opening, and the Engineer's Memo states there will be a 20' paved access from that point on. Public Works Director Moore stated the developer should have created and recorded a legal document for this emergency access easement, as it could not be shown on the final plat. Councilmember Edson asked how the emergency access would be maintained in the winter. Supv. Senness responded that the access road would be maintained by the homeowner association. Councilmember Edson recalled that the Council made the change to require the emergency access due to the length of the cul-de-sac. The City specified the requirements and it appears that the requirements were not properly communicated by the developer to the residents. Councilmember Edson stated he understands the request of the homeowners, but the Council must consider the public safety aspects of this issue. Bernie Barr, 11670 61st Avenue North, the project developer, stated the City does not own or have an easement over the parcel for the emergency access. He stated there is no reason that an emergency access is needed. Mr. Barr stated he sold the lots to builders, and the builders sold the lots to homeowners, apparently without notification of the emergency access. Councilmember Lymangood stated that if residents had been informed of the emergency access provision when the homes were marketed, this would not now be a problem. Mr. Barr stated that every builder to whom he sold lots had a complete set of plans, etc. He believes he has no obligation in this issue because he does not know the current owners of the homes. Martin Johnson, 4480 Comstock Lane, supported removal of the emergency access requirement. He questioned the practicality of the requirement, noting that if there were a street blockage on a different area of Comstock Lane, the same problem would exist. He stated there will be difficulties for homeowners who are responsible for maintenance of the emergency access, and purchasers Regular Council Meeting July 11, 1994 Page 25 were unaware that this was proposed as it appears to be cul-de-sac on the plans. Mr. Johnson stated that residents are also concerned about the cost of installation and future removal of the access at the time a permanent connection is made. He submitted a petition signed by 13 homeowners supporting the removal of the emergency access. Councilmember Helliwell stated the City Council is receiving this request because of a lack of communication between the developer and builders, and the residents. She stated the Council required this access for safety reasons, and she believes this is an issue between the homeowners, builders, and the developer. Councilmember Lymangood suggested that this request be tabled to a future meeting since the residents have not had an opportunity to review the staff report. He is willing to meet with all concerned parties to discuss the issue and explore alternatives. David Witte, 4470 Comstock Lane, requested a copy of the recorded final plat. He stated that no provision for access was reserved by the developer in the recorded documents, and the property owners were informed by builders and realtors that the berm would be filled in. He stated that everything is consistent with this being a temporary construction access, such as a light pole installed in the roadway access area. John Gray, 4460 Comstock Lane, stated his property abuts the berm, and there is no easement for the emergency access. He purchased his property believing this was a cul-de-sac and that the berm would be filled in, and purchasers were informed that this was a temporary construction access. He stated there is a fire hydrant and a light pole installed in the proposed access. Mr. Gray stated there are other areas of the City that have cul-de-sacs longer than 500' with no emergency access. David Hempel, 4495 Comstock Lane, shared Mr. Gray's concerns. He said there is no easement for the emergency access. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to table this issue and refer it to staff for research and to conduct a meeting with the developer, builders, and property owners. Councilmember Lymangood said he would participate in the meeting. Councilmember Morrison stated she would like to be provided with all records relating to this issue for review. Regular Council Meeting July 11, 1994 Page 26 Motion carried, six ayes. ITEM 8-1) PRELIMINARY APPROVAL AND SET HEARING FOR OLYMPIC STEEL TAX INCREMENT FINANCING Community Development Director Hurlburt presented the staff report on the request for preliminary approval and setting the hearing for tax increment financing for Olympic Steel to construct a steel distribution facility on 15th Avenue North. She stated the site is one of the last remaining in this industrial area due to its site conditions and location. The site will require extensive grading and removal of a considerable amount of material from the site. After grading, a six foot retaining wall will be required on the west side of the property. Significant costs will be incurred to bring a rail spur to the property. Olympic Steel indicates that the alternative to this project is to move the operation that would occupy the new building to their other facility in the Chicago area. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 94-388A GIVING PRELIMINARY APPROVAL TO A PROPOSAL FOR THE USE OF TAX INCREMENT FINANCING AND AUTHORIZING THE PREPARATION OF A TAX INCREMENT FINANCING PLAN AND PUBLICATION OF PUBLIC HEARING NOTICES THEREFOR. Motion carried, six ayes. ITEM 8-E ORDINANCE DIRECTING COUNCIL TO FOLLOW STATUTORY LAW WHEN CITY CHARTER IS SILENT Councilmember Granath expressed his opposition to a proposed ordinance which would direct the Council to follow statutory law when the City Charter is silent. He stated that the state law recently enacted would allow cities to rely on general or statutory law when the local charter is silent. That would not make reliance mandatory. He would prefer to consider issues on a case-by-case basis. MOTION was made by Councilmember Edson, seconded by Mayor Tierney, tc adopt an ordinance directing the City Council to follow general or statutory law when the City Charter is silent. Mayor Tierney stated that if this ordinance is adopted, it could be amended in the future if needed. Regular Council Meeting July 11, 1994 Page 27 Councilmember Morrison stated it may be useful for the Charter Commission to be proactive and consider what kinds of issues may come up in the future where a conflict could exist between the City Charter and statutory law. Motion failed on a tie vote: Edson, Helliwell, and Tierney ayes; Lymangood, Granath, and Morrison nays. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adjourn the meeting at 10:06 p.m. Motion carried, six ayes. City Clerk