HomeMy WebLinkAboutCity Council Minutes 12-13-2011Adopted Minutes
Regular Council Meeting
December 13, 2011
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on December 13, 2011.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Willis, Wosje, Johnson, Black,
and Bildsoe.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Evans, Public
Works Director Cote, Community Development Director Juetten, City Engineer Moberg, Fire
Chief Kline, Police Chief Goldstein, and City Clerk Engdahl.
Presentations and Public Information Announcements
4.02) Introduction of New K-9 Unit
Police Chief Goldstein introduced the City's K-9 Units.
Plymouth Forum
Brynn Gellner, 11105 48th Avenue North, student, gave a presentation on raising chickens in the
City. She stated the City only allows chickens in the FRD districts, but after doing her research,
there are a number of cities in the metro area that allow chickens. She requested the City adopt
an ordinance allowing chickens in the City.
The Council thanked her for her report and wished her well with her project.
Presentations and Public Information Announcements
4.01) Police Citizens Academy Graduates
r
Services Commander Lindman announced this year's Police Citizen Academy graduates.
4.03) Oath Office to Police Officers
Adopted Minutes 1 of 8 Regular Meeting of December 13, 2011
City Clerk Engdahl administered the oath of office to Police Officers Kyle Kvenild and Anthony
Elia.
4.04) Announcement of New Year's Eve Event
Parks and Recreation Director Evans announced this year's New Year's Eve event at the
Plymouth Creek Center.
4.05) Announcement of Recycling Program Changes
Councilmember Black announced the new recycling program with Allied Recycling that will
begin in January 2012 as well as the increased variety of containers that can be recycled.
City Manager Ahrens shared correspondence from residents Bob and Louise Smith who donated
72 to the City for the purchase of one ton of salt as their token of appreciation to the services
that the City provides.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
approve the a egnda. With all members voting in favor the motion carried.
Consent Agenda
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to
adopt the Consent Agenda that included the followingitems: tems:
6.01) Regular Meeting minutes of November 22.
6.02) Resolution Approving Disbursements ending December 3 (Res2011-404).
6.03) Resolution Approving 2012 Tobacco Licenses (Res2011-405).
6.04) Resolution Approving 2012 Target and Trap Shoot License for Plymouth Gun Club
Res2011-406).
6.05) Resolution Approving 2012 Amusement Licenses (Res2011-407).
6.06) Resolution Accepting Donations for City of Plymouth Special Events, Programs and Park
Projects for 2011 (Res2011-408).
6.07) Resolution Approving State of Minnesota Joint Powers Agreements with the City of
Plymouth on behalf of its Prosecuting Attorney and Police Department (Res2011-409).
Adopted Minutes 2 of 8 Regular Meeting of December 13, 2011
6.08) Resolution Accepting Utilities for Continual Maintenance for Taylor Creek 2nd Addition
2011013 - Res2011-410).
6.09) Resolution Identifying the Need for Livable Communities Demonstration Account
Funding and Authorizing an Application for Grant Funds (Res2011-411).
6.10) Resolution Approving a Final Plat and Development Contract Amendment for "Elm
Creek Highlands East Second Addition" for Property located North of Schmidt Lake Road and
Jewel Lane (2011093-F- Res2011-412).
6.11) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.03).
6.12) Ordinance Amending the Zoning Ordinance to Classify Certain land located at 3155
Empire Lane and 3050 Fernbrook Lake (2011091 and 2011092 - Ord2011-32), Resolution
Approving Findings of Fact (Res2011-413), and a Resolution Approving a Comprehensive Plan
Amendment to Reguide Two Parcels located at 3155 Empire Lane and 3050 Fernbrook Lane
Res2011-414).
6.13) Resolution Approving Request for Payment No. 7 and Final for 2010 Street
Reconstruction Project (10001 - Res2011-415).
6.14) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.02).
6.15) Resolution Approving Request for Payment No. 3 and Final for Sun Court Mill and
Overlay Project (11006 - Res2011-416).
6.16) Resolution Approving Payment No. 3 and Final for the 2011 Sanitary Sewer Lining
Project (11013 - Res2011-417).
6.17) Resolution Appointing Financial Concepts, Inc. as Benefits Broker for the City's Live
Insurance and Long Term Disability Benefits (Res2011-418).
6.18) Resolution Authorizing Payment to Settle a Workers' Compensation Claim (Res2011-
419).
6.19) Resolution Approving an Encroachment Agreement for a Retaining Wall within a
Drainage and Utility Easement in Lot 1, Block 5, Taylor Creek, located at 5410 Terraceview Lane
Res2011-420).
6.20) Resolution Accepting Utilities for Continual Maintenance for Elm Creek Highlands Third
Addition (2010047 - Res2011-421).
Adopted Minutes 3 of 8 Regular Meeting of December 13, 2011
6.21) Resolution Accepting Utilities for Continual Maintenance for Spring Meadows
2nd
Addition (2011019 — Res2011-422).
6.22) Resolution Accepting Utilities for Continual Maintenance for Wood Crest of Plymouth
2nd Addition (2010094 — Res2011-423).
6.23) Resolution Approving State of Minnesota Agency Agreement between Department of
Transportation and City of Plymouth for Federal Participation in Construction (Res2011-424).
6.24) Acceptance of Plymouth Advisory Committee on Transit 2012 Work Plan.
6.25) Resolution Approving Temporary Encroachment with the Minnehaha Creek Watershed
District for the Gleason Lake Phase II Pond Maintenance (Res2011-425).
6.26) Resolution Abating Special Assessment for County Road 101 Reconstruction Project
5102 — Res2011-426).
6.27) Resolution Approving Request for Change Order No's. 1 and 2 and Payment No. 1 and
Final for Technology Replacement in Council Chambers (Res2011-427).
6.28) Resolution Approving a Grant Agreement with the Minnesota Department of Public
Safety for the Project Towards Zero Deaths (Res2011-428).
6.29) Resolution Approving Termination of Water Quality Pond Maintenance Agreement for the
Fields of Nanterre (2001148 — Res2011-429).
6.30) Resolution Approving Agreement with the State of Minnesota, State Court
Administrator's Office for Access to Court Data Services (Res2011-430).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Vacation of All Platted Drainage and Utility Easements within Blocks 1, 2, and 3,
Elm Creek Highlands East Addition
Public Works Director Cote reported on the proposed vacation.
Mayor Slavik opened the public hearing.
Mayor Slavik declared the public hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt a Resolution Approving the Vacation of all Platted Drainage and Utility Easements within
Adopted Minutes 4 of 8 Regular Meeting of December 13, 2011
Blocks 1, 2, and 3, Elm Creek Highlands East Addition (Res2011-431). With all members voting
in favor; the motion carried.
General Business
8.01) 2012 Budgets, Property Tax Levies and 2012-2016 Capital Improvement Program
City Manager Ahrens provided an overview of the proposed 2012 budgets and property tax
levies, and Public Works Director Cote reported on the proposed 2012-2016 Capital
Improvement Program.
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt
a Resolution Authorizing the 2012 HRA Levy(Res2011-432), Resolution Adopting the 2012
Budgets (Res2011-433), Resolution Adopting Proposed Property Tax Levies for Taxes Pa abs
2012 (Res2011-434), and a Resolution Adopting the 2012-2016 Capital Improvement Program
Res2011-435). With all members voting in favor, the motion carried.
8.02) Receive Proposals and Designate Consulting Engineer for Peony Lane/Lawndale
Lane Extension Project (10015)
Councilmember Johnson voiced her concerns on the price differential from the two proposals
that were received and staff recommending the higher proposal. SRF Consulting Group's
proposal was $480,550 and WSB and Associate's proposal was $390,068. She asked the Council
if they would be willing to table this item to January 10, 2012 in order to allow additional time
for Council to review the proposals and the preferred route.
Councilmember Willis agreed with Councilmember Johnson. Councilmember Black asked about
the timetable for this project. City Engineer Moberg stated in the Capital Improvement Program,
this project was identified for construction in 2014. The environmental assessment worksheet
project could take three to four months. If the Council proceeds, there needs to be a reasonable
period of time for the right-of-way acquisition which could take up to a year.
The Council scheduled a study session on January 3, 2012 at 6:00 p.m. to discuss this project,
and they requested that representatives from the engineering firms be invited to the study session.
8.03) Approve Planned Unit Development Amendment for Improvements to Plymouth
Station Auto Center at 16825 County Road 24 (2011072)
Councilmember Wosje stated he's had a number of concerns and issues expressed to him by
residents on this item. He asked if there is a safety issue with the amount of room allowed for the
expansion of the canopy for the additional pump island and the amount of room that would be
needed for vehicles.
Adopted Minutes 5 of 8 Regular Meeting of December 13, 2011
Mayor Slavik stated she also has a number of concerns which are the current drive aisle of 30'
1 being reduced to 16' as it's a visual problem seeing around the corner, emergency vehicle access,
expanding the business hours which would cause noise disruptions to the adjacent residential
area, servicing vehicles in an enclosed building, and lighting for the additional pump island.
Councilmember Willis stated with respect to the number of pump islands, he has been there at
time when it has been full. He doesn't believe that the site can accommodate another pump on
the west side due to the narrow area even for emergency vehicles to get through. He has also
concern of expanding the business hours due to the close proximity to a residential
neighborhood.
Mayor Slavik stated commercial and residential uses are both there, and sometimes they don't
always mix well. Activities that occur during late hours impact residential neighborhoods.
Liz Nalezny, representing the applicant, stated they've been there 10 years, and the proposed
expansions are by request of their customers. She stated adding the detail building was for more
space to service the customers who want service. Regarding expanding the business hours,
customers having to work really early in the morning or having to work late at night want gas and
coffee. She doesn't anticipate the extended hours will be that noisy. As far as congestion at the
pumps, it does depend on the day and time of day when customers have to wait for a pump. They
asked the Holiday corporate office on how to move their customers through the pumps more
efficiently, and they recommended adding another pump which would alleviate the congestion by
20%.
Councilmember Willis asked what their mechanical hours are. Ms. Nalezny replied they're open
until 6:00 p.m. Monday through Friday, until 5:00 p.m. on Saturdays, and closed Sundays.
Ms. Nalezny acknowledged that it's a tight spot for an extra pump island, but they're just trying to
make it easier for their customers. She noted that the electronic signage would contain the prices
of gas and some types of food.
Dan Parks, architect for the project and resident in the area, stated they would close a portion of
the building for detail work. He illustrated how emergency vehicles would access the site. He
noted the additional pump island would improve the service by 20% which will assist in not
having people wait in line for gas. He stated the layout will be different, but people will have to
go a little slower. This plan meets all the City Code requirements.
Councilmember Wosje asked about the retaining wall and if the City considers a 16' drive aisle
sufficient to handle two-way traffic. Community Development Director Juetten replied the City
Code doesn't address this type of parking situation with a drive by.
Councilmember Wosje stated he asked five residents on Garland Lane about this project. Four
out of five were indifferent to the construction, and one was concerned about the service hours.
The further away you got from the station, the least amount of impact.
Adopted Minutes 6 of 8 Regular Meeting of December 13, 2011
Councilmember Bildsoe asked why the retaining wall wasn't extended further to the south. Mr.
Parks replied the wall was built to handle the earth for the parking lane. They don't feel that this
will provide that much impediment to this area. If the Council desires to lower or extend the
wall, they would accommodate that. Councilmember Bildsoe stated he was looking at perhaps
creating more space on the site. Mr. Parks stated it would be grass, but it could provide an
additional six feet.
Councilmember Black asked Ms. Nalezny about the hours for delivery trucks. Ms. Nalezny
replied it varies depending on the time of the year, but on average, deliveries are made between
8:00 a.m. and 4:00 p.m.
Councilmember Willis asked Ms. Nalezny if they permit commercial activity to be conducted on
vehicles outside of doors on the south side of the building. Ms. Nalezny replied no.
Councilmember Willis asked Ms. Nalezny if they work with the doors open on the south side of
the building. Ms. Nalezny replied only occasionally in the summer when it's really hot.
Susan Shaefer, 3330 Evercrest Court, stated she agrees with the concerns that the Council has
expressed. She lives in a neighborhood adjacent to this use. Operations and signage were
concerns when they first located there. She stated by allowing the expansion of hours, pump
islands, and building, you can't predict what will happen in the future. She stated she doesn't
think the neighbors support an electronic sign.
Mayor Slavik stated there was a lot of time and effort put forth with this development when it
was approved. The Council made efforts to make commitments that would fit within the
neighborhood. She reiterated her concerns with this project.
Councilmember Johnson stated the concerns that are being addressed this evening are the
concerns that were present when the PUD was approved originally. She stated she's not opposed
to everything the applicant is proposing: She could support the electronic sign and additional
detail shop, but she's concerned about the extra canopy, pump island, drive aisle, and the
extended hours of operation.
Councilmembers Stein, Bildsoe, and Black echoed Councilmember Johnson's comments.
Ms. Nalezny stated they are very sensitive to the adjacent neighborhood, and she acknowledged
it's not ideal as it's so close. She stated they would be open to redoing their plans where the
detail building is in the back and extending the pump in that area which would create more area
in the front for pumps.
Mr. Parks stated they can prepare alternate plans, but they need Council direction.
Councilmember Stein stated he's also opposed to expanding the pumps. He would like to go
back to the original PUD.
Adopted Minutes 7 of 8 Regular Meeting of December 13, 2011
Ms. Nalezny requested feedback regarding expanding the hours. Councilmembers Bildsoe and
Johnson stated expanding the hours is changing what was originally agreed to.
Motion was made by Mayor Slavik, and seconded by Councilmember Willis, to table this item to
January 10, 2011. With all members voting in favor, the motion carried.
Reports and Staff Recommendations
Mayor Slavik stated the Council conducted the performance evaluation of the City Manager at
the study session this evening, and the recommended salary adjustment will be placed on the
January 10, 2012 Council agenda.
Adiournment
Mayor Slavik adjourned the meeting at 9:21 p.m. She invited everyone to join the Council at
Jake's Sports Bar and Grill for a brief holiday gathering.
I kla'A4
Sandra R. Engdahl, C' Clerk
Adopted Minutes 8 of 8 Regular Meeting of December 13, 2011