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HomeMy WebLinkAboutCity Council Minutes 08-08-2023Adopted Minutes Page 1 of 6 Regular Meeting of August 8, 2023 Adopted Minutes Regular City Council Meeting August 8, 2023 Mayor Wosje called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 8, 2023. COUNCIL PRESENT: Mayor Wosje, Councilmembers Willis, McGregor, Davis, Peterson, Pointner, and Gregor. COUNCIL ABSENT: None. STAFF PRESENT: City Manager Callister, Deputy City Manager Solano, Public Safety Director Fadden, Fire Chief Coppa, Director of Public Works Thompson, Deputy Public Works Director/City Engineer LaBounty, Community and Economic Development Director Fernelius, Park and Recreation Director Tomlinson, Human Resources Director Timpone, Finance Director Rich, Planning and Development Manager McGuire, Facilities and Fleet Manager Hanson, Management Intern Nwachi, City Attorney Mattick, and City Clerk/Administrative Coordinator Gallup. Plymouth Forum There was no one to speak at the forum. Presentations and Public Information Announcements There were no presentations for public announcements. Approval of Agenda Motion was made by Councilmember Pointner, and seconded by Councilmember Gregor, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Councilmember Willis requested item no. 6.9 be removed from the Consent Agenda. Mayor Wosje requested item no. 6.5 be removed from the Consent Agenda. These items were placed under General Business as No. 8.5 and 8.6, respectively. Motion was made by Councilmember Gregor, and seconded by Councilmember Willis, to adopt the Consent Agenda that included the following items: Adopted Minutes Page 2 of 6 Regular Meeting of August 8, 2023 (6.1) Council minutes from special meeting and regular meeting of July 25, 2023. (6.2) Resolution approving disbursements ending July 28, 2023 (Res2023-195). (6.3) Resolution approving the donation of easements for the MnDOT Hwy 169/36th Avenue Bridge Replacement Project (Res2023-196). (6.4) Resolution approving contract with Robbinsdale school district 281 for school resource officer services (Res2023-197). (6.5) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.6). (6.6) Resolution authorizing the renewal of an agreement with the State of Minnesota to provide radiological response services (Res2023-198). (6.7) Resolution designating consulting engineer for preliminary and final design engineering and construction engineering for the Zachary water treatment plant enhancements (WA230001) (Res2023- 199). (6.8) Resolution identifying the need for livable communities demonstration account funding and authorizing application for grant funds (Res2023-200). (6.9) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.5). (6.10) Resolution approving cooperative agreement with the Bassett Creek Watershed Management Commission for the Four Seasons Water Quality Project (WR22004) (Res2023-201). With all members voting in favor, the motion carried. Public Hearings (7.1) Public hearing on revocation of on-sale intoxicating liquor license with Sunday sales for Northwoods Entertainment LLC dba Emagine Willow Creek, 9900 Shelard Parkway Public Safety Director Fadden presented this item and recommended the revocation of the liquor license. He provided a review of the five compliance checks within a 36-month time period that resulted in four failures and one passing. In response to questions from the City Council, Public Safety Director Fadden provided the following information: • The business conducted employee training and a scanner was purchased to help with proper identification • City code does not state when a new liquor license can be acquired after a revocation • Civil litigation would fall on the license holder along with a criminal citation to the employee Adopted Minutes Page 3 of 6 Regular Meeting of August 8, 2023 • Only adults 21 years old and over are permitted to serve alcohol Mayor Wosje opened the public hearing. John Goldstein, 9900 Shelard Parkway, has maintained multiple liquor licenses for the past 20 years. He detailed his efforts to eliminate serving to minors by firing employees who served to minors and providing TIPS (training for intervention procedures) training program. Brian Lasley, 232 6th Avenue NE., Osseo, described his training record and stated changes and more training are on-going. Mayor Wosje closed the public hearing. In response to further questions from the City Council, Public Safety Director Fadden and City Attorney Mattick provided the following information: • The four violations have all occurred within a 36-month time period • In 2017, the City Council recommended revocation of the liquor license to a different Plymouth establishment after their fourth violation in the 36-month time period • According to a fourth violation of the city code, the penalty grid is revocation The council discussed the various penalties for this violation. City Attorney Mattick clarified the definitions of revocation versus suspension. City Clerk/Administrative Coordinator Gallup clarified the original date of the liquor license and the license renewal date. The council discussed additional penalties if violations continue, the continuity of following the Plymouth City Code, and suggested increasing the penalty for the second and third violations and creating balanced and equal increments for the fourth or even fifth violations. Motion was made by Councilmember Willis, and seconded by Councilmember Pointner, to adopt Resolution suspending the on-sale intoxicating liquor license with Sunday sales for Northwoods Entertainment LLC d/b/a Emagine Willow Creek, 9900 Shelard Parkway with the ability to reapply on or after March 1, 2024 and impose a $2,000 monetary fine (Res2023-202). With Mayor Wosje and Councilmembers Peterson, Willis, Gregor, McGregor and Pointner voting yes and Councilmember Davis voting no, the motion carried 6-1. General Business (8.1) Adopt ordinance amending chapters X and XXI of the city code, regarding the keeping of bees and adopt Resolution approving the findings of fact for said ordinance Planning and Development Manager McGuire presented this item. She provided information on how bees help the environment and the economy, defined the proposed process that is already in city code and explained the required plans and application fees. The draft ordinance would allow bee keeping on private, public, or institutional properties, and on HOA properties. City staff recommended approval of the ordinance and resolution. Adopted Minutes Page 4 of 6 Regular Meeting of August 8, 2023 In response to questions from the City Council, Planning and Development Manager McGuire provided the following information: • Draft ordinance will not allow bee habitats to be placed on or near restaurants • In the event of a swarm, the bee handlers contain it or, if necessary, a company that handles swarms can be contacted • Explained why the chicken setback footage is more than the bee habitat setback City Attorney Mattick stated he would not have any objection to include the summary publication tonight. The Council had a robust discussion regarding property line proximity, children’s safety, objection and notification process, uniformity of the ordinance, a 6-foot barrier, neighbor notification and health concerns for residents who suffer from bee allergies. Motion was made by Councilmember Gregor, and seconded by Councilmember Pointner, to adopt Ordinance amending chapters X and XXI of the Plymouth City Code, regarding the keeping of bees (Ord2023-09), Resolution approving findings of fact for a zoning ordinance text amendment to sections 21005, and 21170 of the zoning ordinance to amend and add keeping of bees (2023036) (Res2023-203), and Resolution approving summary publication of Ordinance No. 2023-09 (Res2023 -204). With Councilmember Willis, McGregor, Davis, Peterson, Pointner, and Gregor voting yes and Mayor Wosje voting no, the motion carried 6-1. (8.2) Adopt ordinance amending chapter XXI of the city code, regarding accessory dwelling units and resolution approving findings of fact for said ordinance Planning and Development Manager McGuire presented this item and noted the proposed changes would allow multiple types of accessory dwelling units. The current code language allows for caretakers or family members to reside in accessory dwelling units. The City Council discussed pros and cons to the proposed language change. The discussion yielded the following ideas: • Proposed language would leave rental requirements but clarify intent in order to prevent nuisance concerns • Intention is not to rent it out but to help with affordable housing, caretaking roles and familial housing • Look at other communities with similar accessory dwelling unit regulations Community and Economic Development Director Fernelius noted the enforcement is difficult and changes to the current code would provide clearer definitions for caretaker and family members. He added inspection of these units is currently every three years after the initial inspection. He stated he will look at the application process more thoroughly and detail the application process to make it more clear for the applicant and bring that information back to the City Council at the next meeting. Planning and Development Manager McGuire noted resident feedback has been supportive and the new language provides an element of affordable housing. Adopted Minutes Page 5 of 6 Regular Meeting of August 8, 2023 City Attorney Mattick stated the enforcement comes down to policy and limiting who can reside in the accessory dwelling units. The council agreed a rental license would only be needed if the accessory dwelling unit was rented out to someone other than a family member or caretaker. Mayor Wosje directed staff to write an ordinance using all the ideas and opinions of the City Council and bring it back to the next meeting. (8.3) Authorize participation in the Minnesota GreenStep Cities program Deputy Public Works Director/City Engineer LaBounty presented this item and defined this program as a way to recognize best practices sponsored by the Minnesota Pollution Control Agency (MPCA). In response to questions from the City Council, Deputy Public Works Director/City Engineer LaBounty provided the following information: • Step 2 would entail completing eight of the best practice steps and summiting documents to the MPCA • Outlined ways the city is currently engaged in these efforts across all departments • Workload would increase for current staff, possibly adding an additional staff later on and dividing some work to the Environmental Quality Committee. • Requires the city to adopt formal plans and a sustainable purchasing policy with the understanding it may require a financial request Philip Adam, 14315 17th Avenue N., expressed his appreciation for putting the GreenSteps program on the agenda and noted the energy efficient cost saving measures he takes. Greg Laden, 15300 37th Avenue N., explained his background in climate science and recommended joining this program as a way to show a symbolic commitment to energy efficiency. Steve Japs, 4570 Weston Lane N., expressed his concern about climate change and thanked the City Council for considering the GreenSteps program. The council had a discussion on the pros and cons of entering into the GreenStep Cities program. Motion was made by Councilmember Pointner, and seconded by Councilmember Gregor, to adopt Resolution authorizing the City of Plymouth to participate in the Minnesota GreenStep Cities Program (Res2023-205). With Councilmembers Davis, Willis, Peterson, Gregor, and Pointner voting yes and Mayor Wosje and Councilmember McGregor voting no, the motion carried 5-2. (8.4) Adopt resolutions authorizing reimbursement from tax-exempt bonds and interfund loans for Chankahda Trail (Phase 3), County Road 73 area redevelopment and Plymouth City Center Community and Economic Development Director Fernelius presented this item, described the two sets of resolutions and stated the importance of timing for future public infrastructure. Motion was made by Councilmember Willis, and seconded by Councilmember Peterson, to adopt Resolution approving the terms of up to a $20,000,000 interfund loan in connection with a proposed tax increment financing district (Prudential – Chankahda Trail Reconstruction – Phase III Project) (Res2023- 206), Resolution approving the terms of up to a $16,000,000 interfund loan in connection with a Adopted Minutes Page 6 of 6 Regular Meeting of August 8, 2023 proposed tax increment financing district (City Center 2.0 Project) (Res2023-207), Resolution approving the terms of up to a $7,500,000 interfund loan in connection with a proposed tax increment financing district (County Road 73 Project) (Res2023-208), Resolution declaring official intent to reimburse the city for expenditures made in connection with a certain project from the proceeds of tax-exempt bonds to be issued in compliance with reimbursement bond regulations under the internal revenue code (Res2023-209), Resolution declaring official intent to reimburse the city for expenditures made in connection with a certain project from the proceeds of tax-exempt bonds to be issued in compliance with reimbursement bond regulations under the internal revenue code (Res2023-210), resolution declaring official intent to reimburse the city for expenditures made in connection with a certain project from the proceeds of tax-exempt bonds to be issued in compliance with reimbursement bond regulations under the internal revenue code (Res2023-211). With all members voting in favor, the motion carried. (8.5) Approve purchase of fire engine (Previously item No. 6.9) Fire Chief Coppa explained the reason for the request. The council suggested tabling this item until the August 22, 2023 meeting to allow Councilmembers to go over the information in more detail. Motion was made by Councilmember Willis and seconded by Councilmember Davis, to table this item until the August 22 meeting. With all members voting in favor, the motion carried. (8.6) Designate landscape architect for The Meadows Playfield (PR240001) (Previously item No. 6.5) Parks and Recreation Director Tomlinson presented this item. She reviewed the public’s comments, researched properties in the city’s inventory and discussed the timeline of the proposed construction. The resolution would allow the city to continue working with ISG as the landscape architect for this project. Motion was made by Councilmember Gregor, and seconded by Councilmember Peterson, to adopt Resolution designating landscape architect for the Meadows Playfield (PR240001) (Res2023-212). With all members voting in favor, the motion carried. Reports and Staff Recommendations There were not any reports. Adjournment Mayor Wosje adjourned the regular meeting at 10:01 p.m. Jodi Gallup, City Clerk/Administrative Coordinator