1998-08-25 - Laserfiche WebLink

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I I I Council Meeting Minutes August 25, 1998 Page 4 Council Business. continued Alex Hartman, 250 Wyndham Circ., stated that when Minneapolis dug the barrow pit, they removed sand and replaced it with clay material. He questioned if that clay material may create future flooding problems for nearby properties. He echoed most of Halverson's comments regarding deviations from the original plan, habitat destruction, dust, noise, vibrations, and elevation concerns. He noted that the cracks in foundations appear to affect homes facing the site, and it seems Columbia Heights agrees with this because it would decrease truck traffic on their roadways. He would prefer to deal with the construction activity within the shortest time frame as possible, and would not recommend approving the amendment. Gunderman asked the possibility of legal recourse based on damages. City Attorney Charlie LeFevere said the residents may have some claim relating to damaged foundation walls, but that would be a civil matter which the contractor's insurance may provide settlement. If Minneapolis did not comply with any conditions imposed in a special use permit, New Brighton could seek action to shut down the project. Samuelson questioned why the contractor has not performed the activity as stipulated. Benke agrees there have been many areas of nonperformance resulting in great impacts to our residents. He recommends Council deny this request, and asked staff to submit a letter to Minneapolis expressing our concerns and possible actions if conditions are not followed. He requested notes and insights from the residents which can be compiled and expressed to Minneapolis in written form. Motion by Gunderman, seconded by Samuelson, to WAIVE THE READING AND ADOPT THE RESOLUTION DENYING SP-206; AND REQUEST STAFF TO PREPARE A LETTER COMMUNICATING OUR CONCERNS TO THE CITY OF MINNEAPOLIS. 5 Ayes - 0 Nayes, Motion Carried. Teague presented a Special Use Permit, Nonconforming Use Permit and Site Plan review to add a new entrance to Minar Ford. This project is part of the Site Plan and Minor Subdivision for McDonalds and includes a minor subdivision for the purpose of swapping land to create an entrance for the new McDonalds. The nonconformity relates to the existing front yard parking setback requirements not being met. However, parking areas along 27th Ave. contain a retaining wall that effectively screens cars from adjacent properties. The setback along Service Dr. is 20 ft., but the green area separating the parking from the paved portion is 50 ft. Minar desires to vacate Service Or. in the future which would eliminate this nonconformity. Staff feels it is not necessary to expand the green area in either location. The proposal involves 762 off-street parking stalls which would eliminate on-street employee parking on Service Dr. No additional landscaping is proposed, and the new access would coincide with the McOonalds landscape plan. Fire and Police have reviewed the plan and feel the new access will provide quicker response time. The SEH study found traffic created by the new entrance would create minimal impacts to surrounding uses. The Planning Commission raised the following: inclusion of Norwest traffic in the study; provision for U-turns on Silver Lk. Rd. at Innsbruck Dr.; and creation of a turn lane into Minar/McOonalds. Council Business Special Use Permit Mpls Reservoir Project Report 98-172 Resolution 98-080 Minar Special Use Permit Report 98~ 174 Resolution 98-081 Resolution 98-082