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HomeMy WebLinkAboutCity Council Minutes 09-26-2023Adopt ed Minutes Page 1 of 7 Regular Meeting of September 26, 2023 Adopted Minutes Regular City Council Meeting September 26, 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 September 26, 2023. COUNCIL PRESENT: Mayor Wosje, Councilmembers Davis, Willis, Gregor, Pointner, McGregor, and Peterson. (Councilmember Pointner participated via interactive technology per State Statute 13D.02.) COUNCIL ABSENT: None. STAFF PRESENT: City Manager Callister, Public Safety Director Fadden, Assistant Fire Chief Dreelan, 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, Assistant Finance Director Larson, Planning and Development Manager McGuire, Senior Planner Drill, Engineering Services Manager McKenzie, Management Intern Nwachi, City Attorney Mattick, and City Clerk/Administrative Coordinator Gallup. Plymouth Forum Steve Japs, 4570 Weston Lane N., provided an update on climate change and suggested the city set a formal goal regarding greenhouse gases. Kim Nelson, 14895 45th Avenue N., expressed her concern regarding labor exploitation in the construction business. She suggested increased monitoring of this situation. Irene Schiebe Cavanaugh, Schiebe’s Corner, requested the Schiebe name be used only as the family name. She suggested potential developers and others be denied permission to use that name. Mayor Wosje noted the situation and believed the developer is aware of this. Presentations and Public Information Announcements (4.1) Presentation from Wayzata Public Schools Superintendent Chace Anderson Chace Anderson, Wayzata Public Schools Superintendent, provided an update and video describing the role technology plays in schools and the world today. The district has two technology levies in place with one on them on the ballot this year for voters to decide if renewed. He also noted there are four open seats on the school board. Approval of Agenda Adopt ed Minutes Page 2 of 7 Regular Meeting of September 26, 2023 Motion was made by Councilmember McGregor, and seconded by Councilmember Gregor, to approve the agenda. With all members voting in favor by roll call vote, the motion carried. Consent Agenda Motion was made by Councilmember Willis, and seconded by Councilmember Peterson, to adopt the Consent Agenda that included the following items: (6.1) Council minutes from special meeting and regular meeting of September 12, 2023. (6.2) Resolution approving disbursements ending September 15, 2023 (Res2023-242). (6.3) Resolution approving cooperative agreement with Hennepin County for the 2023 Gleason Lake Drive Improvements Project (ST239001) (Res2023-243). (6.4) Resolution removing “no parking” restrictions for both sides of Larch Lane from 42nd Avenue to Old Rockford Road (Res2023-244). (6.5) Resolution approving a conditional use permit for AREC (Amerco Real Estate Company) dba U- Haul to allow for the parking of trucks and trailers onsite by establishing shunting lanes and newly striped parking areas for U-Haul trucks/trailers and equipment at 1225 State Highway 169 (2023043) (Res2023-245). (6.6) Resolution amending policy relating to charitable gambling funds usage (Res2023-246). With all members voting in favor by roll call vote, the motion carried. Public Hearings (7.1) Public hearing for certification of delinquent utility accounts, false alarms, tree removals, and weed eradication charges Finance Director Rich gave a statement regarding notifications of delinquent accounts. She noted the city will proceed with delinquent balances after the deadline. Mayor Wosje opened the public hearing. Mayor Wosje closed the public hearing. Motion was made by Councilmember Willis, and seconded by Councilmember Davis, to adopt Resolution approving certification to the county for delinquent utility accounts, false alarms, tree removal, and weed eradication charges (Res2023-247). With all members voting in favor by roll call vote, the motion carried. Adopt ed Minutes Page 3 of 7 Regular Meeting of September 26, 2023 (7.2) Public hearing on wine and on-sale 3.2 percent malt liquor license applications of Clay Oven Plymouth Inc d/b/a Clay Oven, 187 Cheshire Lane North, Suite 100 City Clerk/Administrative Coordinator Gallup presented this item. She reported the background check showed no concerns, residents within 500 feet were notified, and staff recommended approval. Mayor Wosje opened the public hearing. Mayor Wosje closed the public hearing. Motion was made by Councilmember Gregor, and seconded by Councilmember Peterson, to adopt Resolution approving wine and on-sale 3.2 percent malt liquor license applications of Clay Oven Plymouth Inc d/b/a Clay Oven, 187 Cheshire Lane North, Suite 100 (Res2023 -248). With all members voting in favor by roll call vote, the motion carried. (7.3) Public hearing on off-sale 3.2% malt liquor license application of Jerry's Enterprises, Inc. d/b/a Cub Foods, 10200 6th Avenue North, Plymouth City Clerk/Administrative Coordinator Gallup presented this item. She reported the background check showed no concerns, residents within 500 feet were notified, and staff recommended approval. Mayor Wosje opened the public hearing. Mayor Wosje closed the public hearing. Motion was made by Councilmember Willis, and seconded by Councilmember Davis, to adopt resolution approving off-sale 3.2% malt liquor license application of Jerry’s Enterprises, Inc. d/b/a Cub Foods, 10200 6th Avenue North (Res2023-249). With all members voting in favor by roll call vote, the motion carried. (7.4) Public hearing on interim ordinance prohibiting the operation of cannabis businesses Planning and Development Manager McGuire presented this item and noted the City Council had recommended authorizing the ordinance as it relates to operating a cannabis business. This interim ordinance clarifies to prospective business owners or developers, the city will not allow any property purchased before January 1, 2025 to be “grandfathered in” as a cannabis business. She noted the difference between the lower potency products versus the higher potency products. Mayor Wosje opened the public hearing. Mayor Wosje closed the public hearing. City Attorney Mattick clarified the purpose of moratorium is to provide time to study the issue. Motion was made by Councilmember Willis, and seconded by Councilmember Davis, to adopt Interim Ordinance prohibiting the operation of cannabis businesses (Ord2023-13), and Resolution approving summary publication of Ordinance No. 2023-13 (Res2023-250). With all members voting in favor by roll call vote, the motion carried. Adopt ed Minutes Page 4 of 7 Regular Meeting of September 26, 2023 General Business (8.1) Adopt ordinance concerning public use of cannabis and hemp, adopt ordinance concerning smoking in city parks and approve resolutions authorizing summary publication of said ordinances Public Safety Director Fadden presented this item. He provided information on the recommended changes and shared a brief review of cannabis use. He proposed the ordinance establish a petty misdemeanor offense for unlawful use of cannabis in a public place. He clarified how “public space” is defined. In response to questions from the City Council, Public Safety Director Fadden provided the following information: • Vaping is considered smoking • Restaurant owners have the right to allow or deny cannabis use • Edibles and beverages are difficult to enforce City Attorney Mattick stated an ordinance is enforceable by law whereas a city policy is not. Motion was made by Councilmember Davis, and seconded by Councilmember Willis, to adopt Ordinance amending Chapter IX of the Plymouth City Code concerning the public use of cannabis and hemp (Ord2023-14), Ordinance amending Chapter VIII of the Plymouth City Code concerning smoking in city parks (Ord2023-15), Resolution approving summary publication of Ordinance No. 2023-14 (Res2023- 251), and Resolution approving summary publication of Ordinance No. 2023 -15 (Res2023-252). With all members voting in favor by roll call vote, the motion carried. (8.2) Authorize negotiation of recycling contract extension including adding curbside organic collection Engineering Services Manager McKenzie presented this item. He provided an overview of the current municipal recycling contract, recycling market, county and state regulations, a revised fee structure, organic curbside collection prices, public outreach, single sort proposed pricing, and next steps. In 2023, the Minnesota Pollution Control Agency (MPCA) clarified that everyone will acquire the same fee regardless if they recycle organics or not. He showed proposed contract prices and provided a pricing table on organics recycled depending on who participates. He is looking for direction from the council on whether to continue the contract with Republic Services. In response to questions from the City Council, Engineering Services Manager McKenzie provided the following information: • Organics would have their own cart • Organic collection would begin early 2024 Alison Cerier, 815 Brockton Lane N., expressed her support and encouraged residents to participate. Engineering Services Manager McKenzie discussed the reasons for using a single hauler. He stated other cities around the metro have used the Request for Proposal (RFP) process for this and it has not been Adopt ed Minutes Page 5 of 7 Regular Meeting of September 26, 2023 favorable. Public Works Director Thompson added this is a trial for the city and the city can leave the contract if needed. Staff recommended continuing with Republic Services. Matt Herman, Republic Services, discussed the customer service side. He explained the contamination process and how Republic Services mitigates as much of that as possible through continued community education. He clarified residents who participate in the program will get a bin and those who do not will not receive a bin, but will still be required to pay the fee. Public Works Director Thompson clarified the contract through Republic Services would be for recyclables and organics collection. The organic collection could start January 1, 2024 if the city stayed with Republic Services, but if the city decides on a new hauler, service would likely not begin until 2025 with possible price increases. The council discussed the pros and cons of staying with Republic Services or putting out an RFP to gain further information. Motion was made by Councilmember Gregor, and seconded by Councilmember Davis, to adopt Resolution authorizing city staff to negotiate a three-year extension to the current recycling contract, including a four-year term for city-organized curbside collection of source-separated organic materials with Republic Services (Res2023-253). With Councilmembers Gregor, Davis, Pointner, McGregor and Willis voting in favor and Mayor Wosje and Councilmember Peterson voting against, the motion carried. (8.3) Approve comprehensive plan amendment request by Scannell Properties LLC to reguide roughly 75 acres to MXD (mixed use) for property located at 13001 County Road 10 (2023052) Senior Planner Drill presented this item and explained this is the first step in the site redevelopment. He provided a sketch of the project and stated the Planning Commission and city staff have reviewed and recommend approval of the reguiding and if approved tonight, the applicant would request a rezoning, platting and a PUD general plan. Woodrow Piner, 700 Olive Street, St. Paul, expressed his concern with one of the developers for this site. He provided examples of past misclassification, employee exploitation, and other fraudulent activities. Jennifer Leszczynski, 5533 Yucca Lane N., expressed her objection of this plan and suggested scaling back the size of the development. Community and Economic Development Director Fernelius briefly discussed the wage theft statutes and the role the city plays in putting protections in place. Motion was made by Councilmember Willis, and seconded by Councilmember Peterson, to adopt Resolution approving comprehensive plan amendment for Scannell Properties LLC to reguide roughly 75-acres located at 13001 County Road 10 from CO (commercial office) to MXD (mixed use) (2023052) (Res2023-254). With all members voting in favor by roll call vote, the motion carried. Mayor Wosje called for a short recess at 9:00 p.m. Mayor Wosje reconvened the meeting at 9:05 p.m. Adopt ed Minutes Page 6 of 7 Regular Meeting of September 26, 2023 (8.4) Review Plymouth Boulevard streetscaping plan Deputy Public Works Director/City Engineer LaBounty presented this item. He reviewed the pavement plan and feedback from the community. He stated one change to the plan is relocating the transit amenities due to the potential expansion of the ice center. Deputy Public Works Director/City Engineer LaBounty explained the major elements and themes and showed a video. He discussed winter maintenance, goals of the architect, future visions, funding costs, and additional operational costs. He also discussed the timeline and traffic and pedestrian impacts of this project. He noted staff are committed to making sure businesses in the area stay open. Park and Recreation Director Tomlinson added the parade route would be under construction and would have to close for 2024. The council discussed the role of the upcoming election and how that would affect this plan. They also discussed the clean-up and re-organization of the Veterans Memorial Park. In response to questions from the City Council, Deputy Public Works Director/City Engineer LaBounty provided the following information: • Possible relocation of transformers • Electronic signage would be removed • Series of lights will illuminate the area to prevent vehicular/pedestrian accidents • Next steps will be approval of plans and specifications in early 2024 Park and Recreation Director Tomlinson stated strategic tree and invasive plant removal will create a clearer vision of the Hilde. City Manager Callister stated funding could come from a variety of resources but would require some guidelines. The council discussed the pros and cons of delaying the project for a year. Deputy Public Works Director/City Engineer LaBounty stated strong communication will continue as they move forward with the plan. (8.5) Consider 2024 proposed general fund budget, HRA levy, preliminary general property tax levy and set budget public hearing date Finance Director Rich presented this item and described a timeline, process for the tax levy, and reviewed the 2024/2025 budget goals. She presented the tax capacity rate, where the city stands in comparison with other cities, levy projections, and tax impacts on residents and commercial properties. Motion was made by Councilmember Peterson, and seconded by Councilmember Willis, to adopt Resolution approving the 2024 preliminary budget (Res2023-255), Resolution authorizing the 2024 HRA levy (Res2023-256), and Resolution adopting preliminary tax levies for taxes payable 2024 (Res2023- 257). With all members voting in favor by roll call vote, the motion carried. Adopt ed Minutes Page 7 of 7 Regular Meeting of September 26, 2023 Reports and Staff Recommendations There were no reports or recommendations. Adjournment Mayor Wosje adjourned the regular meeting at 9:45 p.m. _________________________________________ Jodi Gallup, City Clerk/Administrative Coordinator