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1 Chair Bak man closed the Public Hearing at 9:18 p.m. 2 3 MOTION 4 Member Doherty moved, seconded by Member Ba keman to RECOMMEND 5 APPROVAL of the requested PLANNED UNIT DEVELOPMENT AMENDMENT for ' 6 �Har Mar, Mail to redevelop the Firestone site with a new outlot/structure adjacent 7 to County Road B; based on comments In Section 6 and conditions of Section 7 18 of the project report dated November 7, 2007W 19 10 Commissioner Boerigter advised that he would support the project, however, did not I I support closure of the right-in/right-out access,, understanding the difficulties of the 12, property owner; and opined that he was hot convinced that the intersection needed to 13 be closed, while understanding the 'issues related to u- tarns, questioned whether this 14 development would impact those issues. Commissioner Boerigter further opined that 15 the proposed improvement, or a restaurant and two (2) small retail suites, in addition 16 to improved snow removal and storm water management, and landscaping, was 17 overall a positive for the City. Commissioner Boerigter expressed concern with 18 landlord representations to lessees and the appropriateness of a condition related to 19 closure of the access; and questioned the viability of the project it that condition were 20 included, and opined that the City could not be justified 'in such a requirement. 21 22 Commissioner Doherty respectfully disagreed with Commissioner Boerigter, opining 23 that if this restaurant use was successful, it would further 'increase negative traffic 24 issues on County Road B. Commissioner Doherty further opined that drivers would 25 continue to make u-turns. illegally. 216 27 w Commissioner Boerigter suggested that the u-turn issue was a safety issue, and 28 needed more monitoring and enforcement by, the Police Department; and questioned 29 the actual impact of the proposed use on overall traffic on County Road B. 30 31 Commissioner Gottfried concurred with Commissioner Doherty, while recognizing the 32 applicant's concerns with existing lease agreements; however, opined that the right-in 33 only was a good compromise, and addressed the traffic flow issues. Commissioner 34 Gottfried further opined that the Planning Commission would not be doing their Jobs If 35 they glossed over this opportunity to add ress, the traffic flow. 36 37 Chair Bakernan noted that leases could be revised going forward. 38 319 Commissioner Martin concurred that it was a public safety issue that could be 40 addressed by increased Police Department controls. 41 142 Mr, Paschke advised that the Police Department had stepped up patrols in that area, 143 Mr. Paschke further advised sed that staff concurred with Commissioner Boerigter in some 44 respects; however, noted that staff had to look at life, Safety, and general health and 45 welfare 'issues, and this proposed project provided an opportunity to address some of 46 those concerns. Mr, Paschke enthusiastically agreed that the project was a good one, 47 and expressed staffs interest in working with Har Mar owners* however, staff could 48 not address the owner's issues with onerious lease agreements, but had to guard the 49 best interests of the City and citizens by recommending closure of the 'right turn-out 50 going east to eliminate an ongoing trafflic, safety issue. 51 152 MOTION TO AMEND 153 Member Bakeman moved, seconded by Member Wozniak to AMEND THE ,54 ORGINAL MOTION that the existing right -in/right-out access located along 55 County Road B, approximately three hundred feet (300') east of Snelling 516 Avenue,, be changed to a right-in only,.