Minutes

New Brighton Planning Commission

Regular Meeting - August 18, 1998

7:30 p.m.

Call to Order

Larry Baker, Chair, called the meeting to order at 7:30 p.m.

Roll Call

Present:	Larry Baker, Mike Livingston, Norm Schiferl, David Schmitz, Jeff Schopf

Absent:	Jim O'Brien, Paul Zisla

Also Present:	Cary Teague, City Planner

Steve Larson, City Council Liaison

Approval of Minutes

Motion by Livingston, seconded by Schopf, to approve the minutes of the July 21, 1998 Planning Commission meeting. 5 Ayes - 0 Nays. Motion Carried.

Report on Council Action

Larson gave an update on Stockyard Days activities.

Agenda Review

Teague added a concept plan for US West and a concept plan for PDQ under General Business. The agenda was adopted as amended.

Public Hearings

Site Plan Review, Nonconforming Use Permit and Special use permit	Minar Ford

Teague reviewed the planning report concerning a request by Minar Ford to add an access to Minar Ford off Innsbruck Drive. Teague showed slides of the site.

Teague stated a traffic study was done by Glen Van Wormer of SEH, and the report was distributed to the Commission. In summary, "the traffic impact caused by creating a new entrance to Minar Ford via the existing McDonald's would be minimal." The intersection of Innsbruck Drive and Minar Road (the suggested name for the new access) will have the greatest traffic increase because it has changed from an access for McDonald's only to a joint access for McDonald's and Minar Ford. The study considered combining the access with the office park to the north. The study reflects that idea. However, that is not the request. The findings are that the intersection would continue to operate adequately despite the added traffic that may be generated.

Baker said that, last month, he had asked why no "No U-Turn" signs are posted. Teague responded he understood U-turns are prohibited there because of the width of Silver Lake Road. Baker asked if anyone had looked at widening Silver Lake Road and moving McDonald's back, thereby solving all the problems. Teague said the traffic study concluded the tendency to make the U-turn to access Minar Ford would be less because vehicles could simply make the left turn. Baker stated that, if that U-turn were legal, the requested access would be unnecessary.

In answer to a question from Schiferl, Teague stated Minar Ford would like this new access whether Service Drive is vacated or not. Teague stated he had mentioned the vacation of Service Drive because of the possibility Minar will be seeking this vacation in the future.

Baker stated it appears the Minar site currently has inadequate parking; too many parking spaces are being used for inventory. According to the planning report, 318 spaces are needed to comply with the Code. The request is for 250 spaces. Teague responded that was correct. Baker asked if that could be corrected. Teague state that Mr. Phillips of Minar Ford could be required to adjust the plans to reflect the correct number of parking spaces required. Looking at aerial photos of the site, there are typically empty parking spaces on the site. Part of the problem is that employees choose to park along Service Drive because it is closer to the entrance rather than using on-site parking. Teague said, however, Baker is correct that the inventory takes up much of the available parking.

Schiferl asked if parking it on Service Drive was legal. Teague responded affirmatively.

Baker stated this is a public hearing and asked if anyone in the audience wanted to speak on the issue.

Jim Sculthorp, 1227 Pecks Wood Drive, stated the entrance is not a problem for the people in his area. In fact, it would help the traffic situation slightly. The width of Innsbruck is a problem. There is a drive-in entrance to Norwest Bank, a right turn to Norwest, the turn outlined to the office building, and the turn to 27th. It takes real effort to get through that area. Sculthorp stated staff should take a better look at the problems in this area. As far as Service Drive is concerned, the slides showed some problems. The slides showed a car transport parked in the middle of it and cars along the side. Service Drive is presently used by Minar and is not an exit from any of our properties and is useless to us because of double parking and the car transports. A left-turn lane is needed on Innsbruck.

Livingston asked if these problems were experienced going east or west on Innsbruck, in the mornings or evenings. Sculthorp said the problem was bad at 4:30 p.m. People are going to the bank and people going to McDonald's. It is very difficult to get through there. Livingston asked if most of the traffic is going west. Sculthorp responded traffic travels both ways. Livingston said that Sculthorp mentioned traveling on Service Drive and it is often blocked off by Minar. Sculthorp responded that was correct. Teague showed the slide again and Sculthorp showed the traffic pattern. Livingston asked if it would be helpful if area residents could use Service Drive. Sculthorp responded it may be helpful if there were no parking around the curve. Sculthorp stated there is a soccer field on the corner of 27th and Innsbruck Drive.

Dave Phillips, architect for Ford Motor Company, introduced himself. Baker asked if any thought had been given to his idea of widening Silver Lake Road? Phillips said his firm considered an U-turn pocket. The difficulty with an U-turn pocket is that it would make the McDonald's site unbuildable. There would not be enough land to move McDonald's back. The concern in talking earlier with Glen would be that the U-Haul trucks cannot use the U-turn pocket. U-Haul renters may be tempted use the pocket, but many of them are inexperienced, and could block the intersection. Phillips said a U-turn pocket would not be the safest access to the Minar Ford site. Turning left then turning left again is better than trying to make a U- turn.

Schiferl asked if there was a possibility of a third lane on Innsbruck. Teague responded he did not think that has been considered. The City asked SEH to do a traffic study and it is their opinion that this use can be handled with the existing conditions. Phillips said there may be enough pavement width with the painted bike lanes. However, Service Drive is not an option to use in the afternoon rush hour. Traffic has to use Innsbruck Drive. Also, Minar's customers have to use Innsbruck Drive to 27th. Minar is trying to turn its traffic before it gets to Sculthorp's neighborhood.

Schiferl asked how much traffic from Service Drive would be rerouted to Innsbruck. Phillips stated he was not a traffic engineer and Van Wormer's study may have not focused on that issue. Phillips said he thought most of the traffic using that exit to go south on Silver Lake Road is solely from Minar Ford's traffic. All of the traffic using Innsbruck turning left past McDonald's will not go back out the same way. It will be more convenient for them to do that if Service Drive is vacated because Minar's site definition would change. As Teague indicated, if the City would be receptive to a vacation proposal, Minar would like to work with the City to redesign the site. However, the vacation is not part of tonight's request. Minar believes that this driveway eliminates the traffic that is now impacting the residential area and the soccer field. When there is a soccer event, there is parking on both sides of 27th. These vehicles do not belong to Minar's employees. For over a year now, Minar has been very careful that employees do not park there. It is not posted No Parking because of the soccer events. Therefore, Minar employees and residents, particularly in the evening, are all trying to use 27th, which has parking on both sides.

Schiferl said he had driven on Service Drive often and it is evident Minar's employees have turned Service Drive into a parking lot. Phillips replied that there is no time during which adequate parking is not provided on the Minar site for employees. Employees park on Service Drive because it is legal. If Service Drive were vacated, these vehicles would be parked on Minar property.

Schmitz asked if the traffic pattern from Minar would still be on 27th if Service Drive were vacated. Phillips responded traffic generated by Minar on 27th would be minimal. All deliveries would use the first driveway. By the end of the year, the parts' access on Service Drive would be closed. Minar is planning to redirect the part's traffic. Schmitz asked if the car transports would use Service Drive. Phillips responded the car transports would either have to enter from Innsbruck and exit to 27th or enter on 27th and exit to Silver Lake Road. There would be no U-turn within the site. Phillips said an important part of the driveway would be a future signage request. Virtually 100 percent of the vehicular traffic, excluding transports, will turn at the new entrance. That would be an asset for the residents behind Minar Ford.

Schopf said there were a couple letters included in the packet; were there any other calls or letters on this subject? Teague said he had received phone calls from the letter writers asking that their letters be made part of the Planning Commission packet.

Baker asked Phillips to respond to the letter from Mr. Klobuchar. Phillips said he had met with Mr. Klobuchar. Phillips said he found Klobuchar's letter a little confusing. It appears to say that Klobuchar has so much traffic, but that Minar does not deserve traffic at this intersection. Phillips stated the proposed drive would turn more cars left in front of Klobuchar instead of just beyond him to the residential area. The proposed drive would relieve the left turn traffic at 27th, but there would not be a single car added to the traffic by this drive. Phillips said Minar would have no objection to a wider Innsbruck. The Innsbruck Office Park would still have two entrances, one on 27th and one on Innsbruck just beyond the proposed McDonald's/Minar Ford driveway. Obviously, there is a difference of opinion between Minar and Mr. Klobuchar. Schiferl asked if Klobuchar is concerned about the possible vacation of Service Drive. Phillips responded the vacation of Service Drive was not part of this request. Schiferl said it may not be part of the request technically, but in reality it is a two-phase proposal.

Baker stated, concerning the traffic report, it appears that Norwest Bank has not been addressed. There are three drives to Norwest Bank along Innsbruck. Baker said he thought there would be more traffic congestion with more than 1,500 cars trying to make a turn. It appears that traffic would be backed up and would affect Innsbruck. Teague said the traffic report did not mention the bank. Teague said the traffic report should have considered the bank and that staff would follow up on it.

Baker stated he had many concerns. Baker said his first concern was the lack of adequate parking shown on the site plan. Approving a proposal without addressing the code requirements is difficult. Baker said the possibility of widening Silver Lake Road should be addressed. Widening Silver Lake Road would solve many problems. No more land would be lost by widening Silver Lake Road than by putting a road behind McDonald's.

Phillips said he was confused. The plan shows fifty parking spaces for the building, forty-six are required. The plan shows 133 parking spaces for service, 121 are required. Baker said 318 parking stalls were required. Phillips said he was showing 278 spaces, and we can designate another eighteen spaces. Phillips said if 318 spaces are required, Minar can provide them. Minar interpreted that the code required 278 spaces. Minar has 762 spaces on the site, so the 318 can be provided.

Schiferl stated the parking problem could be solved by designating more spaces from the inventory spaces. Schiferl said he would like Staff study the possibility of a third lane on Innsbruck. Schiferl asked if Minar generates a significant amount of traffic going south on Silver Lake Road. Phillips answered negatively. Schiferl said, almost no one exiting by the proposed entrance would turn onto Innsbruck and go south on Silver Lake Road. Phillips responded the most convenient access to go south on Silver Lake Road would be the exit directly onto Silver Lake Road just south of U-Haul.

Baker said he was also concerned about car transports blocking Service Drive. Baker said he was certain transports were not unloaded on Service Drive when the site was first opened. This practice probably evolved. Baker stated he could understand the frustration of residents trying to exit the residential area using Service Drive only to find it blocked by a transport. Livingston asked if parking on one side only would be an option on Service Drive. Sculthorp suggested posting Service Drive No Parking on both sides.

Baker said there was insufficient information to make a decision tonight. Phillips stated that Minar would ask that the public hearing not be continued. McDonald's schedule is such that, if it is continued to next month, their project will be canceled.

Motion by Baker, seconded by Schiferl to close the Public Hearing. 5 Ayes - 0 Nays. Motion Carried.

Motion by Baker, seconded by Schiferl, to recommend denial of SP- 207, NC-111, LP-344.

Livingston asked if there were another method, such as approving the item contingent upon receipt of information requested by the Commission. Baker responded there are traffic issues on Service Drive and Innsbruck Drive. A traffic study should be done on a left-turn lane and including the bank traffic in such a study. The issue of car transport trucks should be considered. The parking has not been adequately presented. Livingston stated it is not the applicant's fault that the traffic study was done improperly. Livingston said if City Staff could review the problem further having that information would be helpful for the Council. Service Drive parking could be restricted. Livingston said he was not comfortable with the idea of U-turns on Silver Lake Road. Livingston said he understood that U-turns were prohibited any place along Silver Lake Road.

Schopf said the traffic count would not change if the request were granted. Minar has the required parking spaces on the site whether they are designated for inventory or not.

Baker said U-turns were very common. Baker called for a vote on the motion for denial. 3 Ayes - 2 Nays. Motion Carried. (Livingston and Schopf opposed.) Teague said the request would go to the City Council next Tuesday with a recommendation of denial.

Special Use Permit Amendment - Minneapolis Reservoir Site	City of Minneapolis

Teague reviewed the planning report concerning an amendment to an existing Special Use Permit to store fill on the Minneapolis Reservoir site for future construction. Teague showed slides of the site.

Schiferl stated the Planning Report says the soil would be stored from twenty-five to thirty months and the letter from the project engineer says the period will be eighteen to twenty-four months. Teague responded he extended the period to conform with their original request. Schiferl said the problem of dust would be significant. Schiferl asked whether the Planning Commission or City Council had the authority to review or revoke a Special Use Permit. Teague said that, if the City found the applicant in violation of one of the conditions of the Special Use Permit, we would first try to work with the applicant. If a solution cannot be agreed upon, Staff could bring the Special Use Permit back to the Planning Commission and City Council for review.

Galina Israelev, Jay Whittaker, and Adam Kramer represented the City of Minneapolis Water Works.

Baker asked what type of soil would be removed and what type of soil would be trucked to the site. Kramer responded sand would be removed and soils put back would be clays and topsoil removed from the site during. The contractor would be bringing in structural sand from off-site for use in the Phase 2 construction.

Schiferl asked if the truck traffic would change when the project is finished. Kramer said it would not. Schiferl asked if residents in Columbia Heights have complained about trucks leaving debris or dust on the roads. Israelev said there have been no complaints regarding dust. The area is watered down every hour. Schiferl asked if there had been damage claims from nearby residents relating to the truck traffic. Kramer responded that is such a rumor; no one has come to the City of Minneapolis with such a claim.

Baker asked why the project could not be extended for some months to spread the extra days into the final project. Kramer said the issue was the efficiency of the operation. The Contractor would be bringing in the trucks and doing the backfilling. If the period were extended, the backfilling would take place in the winter, when that work would be impossible to do. Baker asked if that would stop operation of the reservoir. Israelev responded it needs to be covered.

Schiferl asked if there were other dust control measures that could give assurance to the residents to the east of the reservoir site. Kramer responded that watering and seeding were the only dust control measures known. Schiferl asked if there was a way to put in temporary evergreens. Eight-foot high evergreens planted close together might contain the dust. Kramer said he thought the dust would probably go over such an evergreen screen. Schiferl said sixty trucks per day, day after day is a lot of trucks. Is there a way the hauling could be extended to take place over the course of a year? Kramer stated that is exactly what the proposal would do. Schiferl said Kramer was saying it should be extended over one and a half to two and a half years. Schiferl said he would like to see that period compressed to something more than sixty-seven days, but less than is proposed.

Kramer responded the schedule is not set up so there would be uniform trucking over that period, but that as soil becomes available it would be trucked into the site. There would be times that trucking would be heavier and times when there would be no trucking. It would depend upon the availability of soil. The idea of a two and a half year period is to allow the intermittent hauling of soil, rather than transporting all the soil in the 67-day period. It also allows the flexibility of getting the fill from other sites.

Baker stated that the item is a public hearing and invited anyone to speak on the request.

Alex Hartman, a neighbor to the east in Wexford Heights, stated it probably made sense to use those soils effectively instead of trucking soil in. However, that was not part of the original approval. As homeowners, we were surprised that the top of the reservoir was stripped and a big pit dug. As Teague mentioned, this was administratively approved, but the neighbors were never notified of this until after the fact. There is nothing we can do about that now, but the City should bear that in mind in making further decisions about the reservoir project. Hartman said, had part of the original plan been to come that close to their property line, there would have been a number of people in opposition. The issue is not just dust. Even when the barrow pit was completely dug, the dust was bad. The issues are noise and vibration. Hartman said the homes in Wexford were generally five years old and have cracks. These cracks did not appear until the reservoir project began. The cracks were caused by the vibration of the trucks hauling. The vibration could clearly be felt inside the homes. The homeowners in Wexford were never advised of this. The City of Minneapolis has not been a good neighbor.

Hartman stated the neighbors prevented the City of Minneapolis from clearing all the trees off the site. When Minneapolis was in the process of the excavation, they built a mountain that was visible from all over. Hartman said he thought the Minneapolis Water Works intended to leave that mountain in place all winter. Due to residents' complaints, Minneapolis got rid of that mountain. The City of Minneapolis has not been easy with which to work. The City of Minneapolis said they would restore the site to look like it did before the reservoir construction. The slides shown earlier prove that has not been done. The elevation on the northern part of the barrow pit was level. There was a slight dip to the south. Initially, the City of Minneapolis returned that southern part to approximately its former grade. Then, they excavated the northern portion of the site they ran out of soil and left it as it is. The City of Minneapolis then said it did not matter. It matters because the neighbors were never told about it. We have had to deal with the noise, the dust, and the vibration. Now the City of Minneapolis is saying they want to fill it in over a one and one-half or a two and a half year period, versus trucking for sixty or seventy days. Hartman said the neighbors had dealt with enough. Hartman stated the City of Minneapolis should do it all at once and get it done. Frankly, the thought of dump trucks and bulldozers operating over the time the City of Minneapolis is requesting, is unthinkable. Hartman said that, since part of the hauling goes through Columbia Heights, the opinions of Columbia Heights residents should be considered. Hartman asked the Planning Commission to deny the request of the City of Minneapolis. Hartman said residents were not asked for their opinions when the City of Minneapolis dug the barrow pit because it was not part of the original project.

Bill Thomas, 230 Wyndham Circle, stated that the plans submitted by the City of Minneapolis and the Planning Commission approved were not the plans the City of Minneapolis followed. The City of Minneapolis violated the terms of approval when the trees were cut. Secondly, the plan had a boulevard tree planting area along Stinson Boulevard. When the contractor built the retaining wall, it was within three feet of the curb, which would not support trees. The wall was moved after the City of Minneapolis was informed the approved plans did not show this retaining wall. The elevation of the barrow pit is not what it was before the excavation of the pit. That elevation was high with mature trees on it. There were no provisions for the deer that lived on the site. The deer have become very scrawny and are endangering traffic.

Thomas said there is an 8-inch pipe on the site and a temporary dyke that has made a pond before which was not there. The pipe, the dyke, and the pond were not on any of the approved plans. The vegetation the City of Minneapolis showed tonight consists of only ten trees, which have not been watered. The trees were planted on a clay slope. The trees may not be alive now. The City of Minneapolis also sent a letter to the neighbors telling us about the trees. The letter failed to tell us how many trees were planted.

Thomas said there is another area where the City of Minneapolis is storing soil toward Stinson. Did the City of Minneapolis ever ask permission to do so? That area was never addressed in the original plans. The original plans stated they were not to come within a certain number of feet on the top of the hill. They always violated that condition during the barrow pit excavation. The dirt in those piles came right up to the edge of the fence. Thomas stated the vibration of the homes is an issue because they are using heavy equipment. All of the nonsupporting walls in those homes move creating cracks in the concrete. The response from the City of Minneapolis Water Works when area residents call to ask if they have been on the site is minimal. One response was, "I suppose I could swing by there."

Thomas questioned the documentation the City of Minneapolis has provided. On the front of the document it says there will be 4,000 trucks going there and 4,120 loads. The numbers on the back page do not add up to that. Thomas said it was not a question of whether or not the City of Minneapolis should be granted their request. The City of Minneapolis has been such a rotten neighbor that it should not be allowed to do anything. There is no reason for storing the fill on the site. The soil would have to be handled twice. The truck traffic may or may not be an issue. The truck traffic would remain the same. The only reason the City of Minneapolis wants to store the soil there is because the soil is available now.

Craig Phair, 400 Wyndham Circle West, asked if there was any attempt to control dust during the first phase. If so, it was unsuccessful. Baker asked Kramer what attempts were made to control dust in the first phase. Kramer responded there was watering and, when the complaints came in, the watering was increased. Kramer said the City of Minneapolis could look at using calcium chloride in addition to the water.

Hartman said the 8-inch pipe to which Thomas referred was put there at the request of the City of New Brighton because when Minneapolis did its grading for the barrow pit a pond was inadvertently created. New Brighton staff had them install this drainage pipe temporarily so the water would not come so close to our homes. The retaining wall on Stinson Boulevard was on the landscape plan, but there was supposed to be room to plant boulevard trees to offset the view of the wall. There were 100 year old oaks there. When the neighbors complained, the City of Minneapolis installed the retaining wall on the Columbia Heights side. It does not make sense that the City of Minneapolis would have done that later because they built the supporting wall of earth. Why would the supporting wall be built of earth and the security fence be in place if they intended to take the fence down, excavate some soil, and put in a retaining wall? It seems Minneapolis said it would be done, but then it decided to go ahead and not do it. Hartman said he agreed with Thomas that Minneapolis definitely violated the 45-foot rule, outlined in the conditions. The idea of bringing soils to suit the schedule of the City of Minneapolis is clearly a cost- saving measure, and is not in the best interest of the neighbors.

Barbara Goulet, 2768 Stinson in Columbia Heights, stated she could not believe Ms. Israelev's statement that there has been no problems. Ms. Israelev had a meeting with our neighbors and everyone talked about the poor dust control. Goulet said the residents could not have their windows open all summer. Goulet said her house vibrated beginning at 7:30 a.m. Goulet said she could stand by her basement wall and see sunlight. Goulet said she did not know if her home could take sixty-one trucks per day for sixty- seven days.

Kevin Hansen, Director of Public Works for the City of Columbia Heights, stated that from the perspective of impact of truck traffic, Columbia Heights would support the current request in terms of spreading the load and the traffic over a longer period.

Schiferl stated he would like to see these issues addressed by the New Brighton Staff and the City of Minneapolis. Teague said, in hindsight, Staff should probably have had Minneapolis come back and do an amendment for their Special Use Permit for the barrow pit. Truck traffic was the focus of the review when the original permit was granted. Staff saw the barrow pit as a way to reduce truck traffic. Teague said that he was not at the City of New Brighton then, but felt this was the basis of the administrative approval. Kramer said he concurred with Teague. Kramer stated Minneapolis met with New Brighton Staff, the Council, and the School Board, and with the Columbia Heights City Council on truck traffic. Truck traffic was the major issue. Kramer said when Minneapolis presented the option of the barrow pit it may be an answer to reducing truck traffic.

Schiferl asked about the vibration issue. Schiferl said he did not recall the vibration issue being anticipated during the approval process. Schiferl asked how the City of Minneapolis was dealing with the vibration issue. Kramer said that, during other construction projects, Minneapolis installed sensors in houses and proved there was no sufficient vibration to cause damage. Schiferl said he was more concerned about reducing the vibration problem and testing for the problem.

Brad Anderson, stated he was the design engineer of the project for the City of Minneapolis. Anderson stated that, as the fill height of the reservoir is increased in Phase 2, the location of the equipment relative to the street or adjacent ground level will be separated more and more. In that process, the driving energy will be dissipated and will not travel into the ground as readily as it does at grade. When it comes to compaction of the soils, static methods could be used to reduce the dynamic forces being impacted into the soils. That would reduce vibration considerably. The relation of vibration and trucking can only be tracked by seismic monitoring. When traffic is concentrated, there would be a perception of vibration.

Schiferl stated concerns have been raised that, if the proposal is approved, that the soil would be moved twice creating more truck traffic. Schiferl asked if the soil would be compacted. Anderson answered that the soils placed in the barrow pit would be free dumped and leveled to the allowable maximum height. Therefore, the soil would be in a loose condition. The soil would have to be loaded by backhoe into trucks and transported to the project for placement and compaction. Schiferl asked if there was any way to cause less dust, less noise, and less vibration during the dumping function. Anderson responded, from a placement point of view, the soils could be placed in the eastern position closest to the property line building a berm there. Then, there would be less exposed surface. Dust conditions would have to be monitored.

Thomas commented that trucks had round wheels and caterpillars have tracks. When soils are dumped, cats push the soil into a pile and then must come back. The equipment used to do the barrow pit is huge earthmoving equipment. The studies that may have been done on trucks going down the street cannot be equated to what is happening behind Wexford. Kramer said they monitored heavy equipment used in deep excavation in digging sewers for the City of Minneapolis. Thomas said Anderson stated vibration depended upon the type of soil. New Brighton clay vibrates and carries a long way.

Hartman stated the bulldozers and the backhoes are causing vibration. If soils are going to be brought to the barrow pit, bulldozers will push the soils around. When the soils are dug up, the backhoes will be brought in affecting the Wexford and Columbia Heights residents. The bulldozers and the backhoes working on the site are causing the vibration, not just the truck traffic on the street. Hartman said Columbia Heights approved the original project and the original number of truckloads. Due to the barrow pit, fewer truckloads go through Columbia Heights. Now Columbia Heights is asking that the project be spread over two years, but should have no bearing on the New Brighton Planning Commission's decision.

Jerry Reisen, of Veit Company, stated it has been suggested there may be economic savings and would benefit the contractor. Veit bid the project based upon being allowed use of the site when material was available. If Veit is not allowed to do this, the price of the work increases and would be passed on to taxpayers of Minneapolis.

Kramer said that he did not want to be argumentative, but he differed with some statements made tonight.

Schopf asked Teague if the New Brighton Engineering Department could give us some input on the noise and vibration issue. Teague said he would check with the City Engineer, but did not know if Mr. Proper is an expert on the subject.

Schiferl asked about the days and hours of the hauling. Kramer responded it is Monday through Saturday. Schopf said the project engineer stated in a letter the work hours would be 7:00 a.m. to 5:30 p.m., but did not specify the days of the week.

Hartman stated, contrary to the representative from the City of Minneapolis, the residents' statements this evening were not argumentative but straightforward. Hartman said he did not think the City of Minneapolis would be judged to be argumentative by simply answering our questions.

Motion by Baker, seconded by Schmitz, to close the Public Hearing. 5 Ayes - 0 Nays. Motion Carried.

Baker stated he was concerned about the extent of the excavation of this project is more than should be allowed in a residential neighborhood. Baker said the neighbors had legitimate issues. Making an already massive project even more so is not fair to the residents. Dust control can be worked out, but allowing the barrow pit is beyond the intent of the original approval. If the barrow pit had been part of the original application, the Commission would have recommended denial. The request would put an even larger burden on the neighbors.

Schiferl said he would like the schedule changed to Monday through Friday, not Saturday. The contractor responded Saturday is a makeup day, and is an important issue in this project.

Motion by Baker, seconded by Schiferl, to recommend denial of the amendment to an existing Special Use Permit to store fill on the Minneapolis Reservoir site. 4 Ayes - 0 Nays. Motion Carried. (Livingston abstained.)

General Business

Concept Plan Review	Boarman Kroos Pfister Vogel & Associates

Teague referred to Mattila's memo and the plans concerning a mixed use concept plan for development on 5th Avenue, south of Old Highway 8 and north of County Road E2. The concept plan, once formal application is made, would require site plan review, a planned unit development and a plat, should lots need to be separated.

Teague reviewed the concept plan. Teague stated County Road E2 would be extended as part of the proposed project. The project would be developed in two phases. The second phase would be a residential development south of Old Highway 8 and north of the 6th Street extension. The developer shows multi-family, but will be doing a housing study to determine need. The residential phase could be townhouses or apartments. The first phase would include mixed uses. Teague pointed out the location of two proposed restaurants on the plan. There would be a combination of retail and office. The post office is proposed to be located on the site. The area along 5th Avenue would be a meeting place. A convenience store and gas station combination would be located on the corner of E2 and 5th.

Baker stated the gas island looks to be positioned inappropriately. It looks like the pumps are in the middle of the development. Teague responded that has been an issue through the preliminary discussions. Teague said the convenience store was a focal point from E2. Baker said the development would do well to work with the Donatelle corner as the focal point.

Livingston asked about the back side of the buildings facing 5th Avenue. Would the area be landscaped? Teague responded that elevations would be store fronts. Schiferl said the parking did not seem continuous. Can the parking on the west side of the building be moved? Schiferl commented that a convenience store/gas station may not be needed 800 feet from another one. Teague commented the initial intent was to go away from the suburban center and go to a "New Urbanism" plan, similar to the downtown area.

Schopf asked if the convenience store would be a relocation of the Tom Thumb. Teague responded negatively. Schopf asked if the Post Office has been approached. Teague answered there has been discussion with the Post Office. The Commission briefly discussed the location and function of a gazebo and the configuration of Old Highway 8 and 5th.

Concept Plan for Screening of the US West Site

Councilmember Larson said he met with the neighbors in the area and the existing screen consists of small Spruce trees. The neighbors would like additional screening. Larson showed the proposed screening on the site plan. After Larson's presentation, the Commission briefly discussed the concept plan. Baker stated the Planning Commission would need proper elevations. Teague said he would send US West a copy of the material provided by Larson and would also ask the City Forester about the proper spacing for these trees.

Concept Plan for PDQ

Teague stated he met with representatives of PDQ last week. PDQ has eliminated the proposed car wash. Teague outlined the Concept Plan. Baker said he had no problem with the proposed plan. The only problem with the plan is the parking space. Baker stated Staff should go to the Council about changing the procedure to count the parking by the pump in the parking requirement. New Brighton requires too many parking spaces at gas stations. Teague responded the Code is not specific and it would be a matter of changing the City's policy. Baker stated the consensus was that the Commission would look at the proposal favorably.

Announcements and Updates

Teague reported the Neighborhood Planning Event went well. Sixty residents participated. The next Task Force meeting will be Thursday, August 20. The consultant will present a summary of the meetings. Teague said he would give the Commission the summary in the next packet.

Adjourn

Motion by Livingston, seconded by Schopf, to adjourn the meeting. 5 Ayes - 0 Nays. Motion Carried.

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Cary Teague, City Planner