CCP 08-15-2012 - Laserfiche WebLink

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July 24,2012 Page 8 of 11 Councilmember Burg commented if a traffic study were completed it would not truly reflect the normal conditions given the road construction surrounding the City of New Brighton. Councilmember Jacobsen explained that staff found this to be a good use for the property. Mayor Jacobsen questioned if a traffic study was completed at a future date if the use would have to be eliminated if the results were not favorable. City Attorney LeFevere indicated a burden was placed on the applicant to prove they meet the special use permit criteria. If the burden was not met,the item could be denied or tabled requesting further information from the applicant along with a traffic study. He commented the Council would have to provide some discretion on if this is a reasonable use and meets City Code. Mayor Jacobsen stated the bus terminal was a reasonable use and the only issue interfering with the request was the traffic study. Motion by Councilmember Bauman seconded by Councilmember Burg to adopt the Resolution approving the Special Use Permit and Nonconforming Use Permit for 40114 Street SW allowing for the operation of a school bus terminal. DISCUSSION: Councilmember Jacobsen asked if the Council had to provide findings of fact for the approval. City Attorney LeFevere stated if the Council was recommending approval,it was assumed the permit conditions were being met. He suggested the Council amend Paragraph 10 to read:The City Council finds that there is sufficient evidence in the record to conclude that the special use permit criteria of Section 8-130 are met if the conditions listed below are satisfied. Any additional conditions could then be added if agreed upon by the Council. He commented the traffic flow of the busses could then be addressed. Councilmember Bauman agreed with this recommendation and stated a condition addressing the traffic flow should be added prior to approval. Mr.Regan commented that all but one school was north of this location. For that reason,92%of the busses would be exiting to the north and 8%would be heading south. City Attorney LeFevere stated it would be difficult to enforce a condition stating 90%of the busses would turn north and 10%would turn south. He explained that this was the one time conditions could be written into the special use permit and the Council had to consider all areas of concern. He noted the restrictions could be loosened in the future but not tightened. He indicated that staff did not have conditions for approval this evening,but could have this back before the Council on August 15t. Public Works Director Wyffels indicated Staff's main concern with traffic was the busses returning to the site from the north. He would prefer to have traffic move right-out and right-in. City Attorney LeFevere stated there would be a better definition on how traffic would flow after a traffic study was completed. This would provide information that was not available at the present time. Public Works Director Wyffels commented the financial impact of the traffic study would be$2,500 for American Student Transportation,and would not be the additional expense of the traffic signal or stop signs. Mayor Jacobsen asked if there were any other comments from the public. Eugene Peny(?) 761 1st Street,expressed concern with how the daily railroad traffic would affect the congestion in the area if additional busses were stacked near the crossing. He was concerned with elevated traffic levels in the evening hours. Councilmember Bauman commented the Council was creating concerns to issues that were not even present She understood the concerns of neighboring property owners and respected these concerns. However,any new business at this site had the right to access City streets. She believed American Student Transportation would be good stewards and would not hinder the neighboring businesses. She wanted to see the City of New Brighton be business friendly. Councilmember Burg asked if Mr Peny was in favor of having the bus traffic flow north out of the site. MrPeny stated he was in favor of this recommendation. Mayor Jacobsen asked if there were any regulations on how long the railroad could block the roadway. City Attorney LeFevere commented State Statute did limit this to 20 minutes and anything over 20 minutes was a misdemeanor. However,he did not anticipate that the railroad would heed to a citation from the City. Mr.Regan suggested the right-in,right-out traffic flow be followed until after the traffic study could be analyzed further by staff City Attorney LeFevere agreed with this recommendation stating the traffic study