HomeMy WebLinkAboutCity Council Minutes 01-09-2024Adopted Minutes Page 1 of 7 Regular Meeting of January 9, 2024
Adopted Minutes
Regular City Council Meeting
January 9, 2024
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 January 9, 2024.
COUNCIL PRESENT: Mayor Wosje, Councilmembers Willis, McGregor, Peterson, Pointner, and Gregor.
COUNCIL ABSENT: Councilmember Davis.
STAFF PRESENT: City Manager Callister, Deputy City Manager Solano, Public Safety Director Fadden, Fire
Chief Coppa, Director of Public Works Thompson, Engineering Services Manager McKenzie, Community
and Economic Development Director Fernelius, Planning and Development Manager McGuire, Senior
Planner Drill, Park and Recreation Director Tomlinson, Human Resources Director Timpone, Finance
Director Rich, Management Intern Nwachi, City Attorney Mattick, and City Clerk/Administrative
Coordinator Gallup.
Plymouth Forum
David Elmhirst, 1825 Wisconsin Avenue N., Golden Valley, requested future annual funding to help
offset the costs of the musical concerts due to changes to the grant requirements. City Manager Callister
will provide City Council budgetary information to make an informed decision regarding the request.
Presentations and Public Information Announcements
There were no presentations and public information announcements.
Approval of Agenda
Motion was made by Councilmember Pointner, and seconded by Councilmember Peterson, to approve
the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Irene Cavanagh, 10920 Old Co. Rd. 15, requested item No. 6.23 be removed from Consent Agenda and
placed under General Business as No. 8.4.
Motion was made by Councilmember Willis, and seconded by Councilmember Pointner, to adopt the
Consent Agenda that included the following items:
Adopted Minutes Page 2 of 7 Regular Meeting of January 9, 2024
(6.1) Council minutes from special meeting and regular meeting of December 12, 2023.
(6.2) Resolution approving disbursements ending December 29, 2023 (Res2024‐001).
(6.3) Resolution approving electronic funds transfer policy (Res2024‐002).
(6.4) Resolution approving renewal of liquor licenses for 2024 (Res2024‐003).
(6.5) Resolution appointing official depository for city funds for 2024 (Res2024‐004).
(6.6) Appoint City Council Secretary for 2024.
(6.7) Resolution designating the Plymouth Sun Sailor as the City of Plymouth’s official newspaper for
2024 (Res2024‐005).
(6.8) Appoint City Health Officer for 2024.
(6.9) Resolution appointing individuals to fill vacant terms on various boards and commissions
(Res2024‐006).
(6.10) Resolution approving tree maintenance contract for 2024‐2025 with Ostvig Tree Inc. (Res2024‐
007).
(6.11) Resolution approving the 2024‐2025 labor agreement between the City of Plymouth and
International Association of Firefighters (IAFF)‐‐ local #5159 (Res2024‐008).
(6.12) Resolution approving 2024 refuse hauler licenses (Res2024‐009).
(6.13) Resolution approving Plymouth Metrolink Click and Ride to accept Transit Assistance Program
(TAP) and provide free rides to qualified veterans (Res2024‐010).
(6.14) Resolution awarding contract for 3525 Kilmer and 11018 old CR 15 Building Demolition Project
(ST230003DEM/ST250002DEM) (Res2024‐011).
(6.15) Resolution approving final closeout for the 2022 Pond Maintenance Project (WR229001)
(Res2024‐012).
(6.16) Resolution accepting donation from the Plymouth Crime and Fire Prevention Fund (Res2024‐
013).
(6.17) Resolution approving temporary liquor license application of Providence Academy (Res2024‐
014).
(6.18) Resolution approving preliminary plat and variance at 18315 8th Ave N (2023077) (Res2024‐
015).
Adopted Minutes Page 3 of 7 Regular Meeting of January 9, 2024
(6.19) Resolution approving final closeout for the Four Seasons Mall demolition (ST‐23‐0007)
(Res2024‐016).
(6.20) Approve National League of Cities (NLC) conference travel request.
(6.21) Resolution designating consulting engineer for final design engineering and construction
engineering for the 2024 Sanitary Sewer Lining Project (SS249001) (Res2024‐017).
(6.22) Resolution approving fuel purchases through the cooperative purchasing venture (Res2024‐
018).
(6.23) (This item was removed from the Consent Agenda and placed under General Business as item
No. 8.4).
Public Hearings
(7.1) Public hearing on proposed city charter amendment by Ordinance
City Clerk/Administrative Coordinator Gallup presented this item, stated it requires a 7/7 vote to pass,
and requested that the public hearing remain open until the February 6th City Council meeting when all
Council members are anticipated to be present.
Mayor Wosje opened and continued the public hearing to the February 6, 2024 City Council meeting.
General Business
(8.1) Consider Resolution for denial of rezoning, preliminary plat, wetland replacement plan, site
plan, and conditional use permit application by Eagle Brook Church for property located at 17910
Chankahda Trail (2023065)
Senior Planner Drill and Engineering Services Manager McKenzie presented this item. Engineering
Services Manager McKenzie summarized the traffic study and noted the majority of the delays would be
contained to the church property.
Matt Pacyna, Traffic Engineer with Transportation Collaborative Consultants, was commissioned by the
city to perform the traffic study.
In response to questions from the City Council, Mr. Pacyna provided the following information:
Described the traffic rating system and how it affects this application
Study did not show a need for alternative infrastructure to be built
Could not confirm exact projections for future growth in background traffic and church
attendance in 2036 and 2046
Stated the study does not look at weather related issues
Compounding and adjacent intersection’s level of service was not in the report because the
change was minimal
Adopted Minutes Page 4 of 7 Regular Meeting of January 9, 2024
Use of a traffic control officer is part of the plan, it is not in the study, but would bring the level
of service rating down to a C or D. Adding a second access point would also help reduce delays
Public Works Director Thompson stated the city will continue to look at additional infrastructure and
improvements, if needed, and it would be placed in the Capital Improvement Plan (CIP).
Stephanie Hauber, Expansion Director for Eagle Brook Church, described the church’s experience
managing traffic flow, the desire to be a good neighbor, and the use of a traffic control officer to reduce
delays. She noted the application follows all protocols, planning and zoning requirements, ordinances,
and Eagle Brook Church is not asking for any variances. She stated the church would be willing to
negotiate and discuss alternative plans to the exterior portions of their building but the requirements
would be controlled by Plymouth’s City Code.
Sam Diehl, Attorney representing the applicant, stated his belief that the resolution of denial did not
contain merit. Mr. Diehl discussed the issue of affordable housing as it relates to the Comprehensive
Plan and stated affordable housing cannot be built on this property.
Sue Christiansen, 4565 Glacier Lane N., stated her supported for resolution of denial.
Joseph Moore, 6110 Ranier Lane N., expressed his concern with the traffic study.
Rachel D’Souza, 18516 58th Place N., commented on pedestrian safety and encouraged denial.
Larry Brauch, 17525 46th Avenue N., expressed his concern regarding the facts presented.
Matthew Pagonat‐Walters, 620 Windemere Curve N., stated his concern regarding the welfare of the
LGBTQ+ community.
Gary Swoverland, 6205 Shadyview Lane N., Maple Grove, noted the residents of Maple Grove would
also be negatively affected by this development.
Andrew Schultz, 6569 Zircon Lane, Maple Grove, expressed his support for the development and stated
the church has been a positive impact.
Mike Hizon, 18563 58th Place N., encouraged the City Council to support the denial.
Mary Lonergan‐Cullum, 5760 Trenton Lane N., stated her concern with the size of the proposed
development and encouraged a vote of denial.
Rev. Bruce Kronen, 4325 Zachary Lane N., spoke a word of blessing for the City Council’s difficult
decision.
Michael Kidwell, 5680 Trenton Lane N., expressed his gratitude toward Council Member Peterson for
her insightful questions.
Josh Seldal, 18200 59th N., expressed his concern regarding the timing of the traffic study and the
proximity to the elementary school.
Adopted Minutes Page 5 of 7 Regular Meeting of January 9, 2024
Suniket Fulzele, 18503 58th Place N., recognized the difficult decision and recommended denial.
Gaurav Uppal, 18410 58th Avenue N., also recommended denial based on traffic study.
Bob Moberg, 12917 45th Ave. N., stated he is in favor of the proposal and noted affordable housing
would not work on this property because it would require a higher density.
Brian Ites, 12320 28th Place N., noted his opposition to this proposal.
Danny Ng, 18340 58th Avenue N., expressed his desire for City Council to deny the proposal.
Emmet Tischmak, 5725 Walnut Grove Lane, expressed his support of the denial and noted 7 of their 11
other campuses are in commercial or industrial type areas.
Alex Mahrer, 18444 59th Place N., expressed his support of denial.
Audrey Britton, 12500 53rd Avenue N., expressed her disappointment with the lack of support for the
LGBTQ+ community, noting the conflict with the park and elementary school and the proposed
development.
In response to questions from the City Council, Engineering Services Manager McKenzie provided the
following information:
Study used traffic data during COVID time and a variety of other data resources
The application satisfies all legal and statutory requirements
Defined and clarified arterial roadways and how they affect access points
Less intersections and less access points generally create an accident reducing roadway
Wetland issues may be problematic depending on location if a second access point was required
The City Council discussed possible solutions or conditions to the application in order to seek approval.
The City Council also discussed their position on the development.
Ms. Hauber stated the expiration date for the purchase of the property required them to keep the
current timeline. She also stated Eagle Brook Church was in communication with city staff regarding the
potential development even before the application was submitted.
The City Council continued to discuss how this property affects the Comprehensive Plan, traffic level
limits, potential repair and cost for future infrastructure, if needed, and a second access point that
would contain a right‐in and right‐out.
City Attorney Mattick clarified future procedures if the motion was approved or failed and noted an
amended resolution could be considered to allow for a second access point.
Motion was made by Councilmember Willis, and seconded by Councilmember McGregor, to adopt
resolution for denial of requested rezoning, preliminary plat, final plat, wetland replacement plan, site
plan, and conditional use permit by Eagle Brook Church for property located at 17910 Chankahda Trail
(2023065). With Councilmembers Willis, McGregor, Pointner voting yes and Councilmembers Gregor,
Peterson and Mayor Wosje voting no, the motion failed 3‐3.
Adopted Minutes Page 6 of 7 Regular Meeting of January 9, 2024
City Council discussed and agreed on additional conditions to be placed in a new resolution. Ms. Hauber
and Stephanie Alstead, Architect with BWBR representing applicant, were open to the conditions and
suggested alternative materials for the rear exterior of the church. They noted that EV charging stations
are currently in the plan. The council also discussed the conditional use permit with regard to an
easement for a trail from the parking lot over a wetland to Maple Grove Parkway. Senior Planner Drill
stated the Church is required to build a boardwalk over the wetland and incur the upfront cost but will
be reimbursed by the city. Park and Recreation Director Tomlinson stated the estimated cost of the
boardwalk is $130,000, is not drivable, and would not be maintained during the winter months. She also
noted the trail connection is part of the Chankahda Trail Phase 2 Project and will require a cross access
agreement to use the parking lot.
Mayor Wosje called for a short recess at 9:55 p.m.
Mayor Wosje reconvened the meeting at 10:05 p.m.
Motion was made by Councilmember Gregor, and seconded by Councilmember Peterson, to approve
the items in the December 12 meeting packet including:
Ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to reclassify certain land
located at 17910 Chankahda Trail (2023065) (Ord2024‐01);
Resolution approving findings of fact for rezoning of land located at 17910 Chankahda Trail
(2023065)(Res2024‐019);
Resolution approving preliminary and final plat, site plan, and conditional use permit for Eagle
Brook Church for property located at 17910 Chankahda Trail (2023065) (Res2024‐020); and,
Resolution approving the filling of wetlands and the wetland replacement plan application for
the Eagle Brook Church Development Project NE ¼ Section 6, T118N, R22W (Res2024‐021)
with additional conditions as follows:
Including a right‐in right‐out access onto Chankahda Trail;
The applicant working with staff to provide four‐sided architecture to create a more
aesthetically pleasing softer look on the backside of the building; and,
The applicant working with staff to identify potential areas to the north and east that headlights
might most impact neighbors and revise landscaping plan to move trees into those locations, as
possible.
[Motion was made by Councilmember Pointner to table the vote until after Agenda Item 8.4., the
motion died for lack of a second.]
With Councilmembers Gregor, Peterson, Pointner, and Mayor Wosje voting yes, and Councilmembers
Willis and McGregor voting no, the motion carried 4‐2.
(8.2) Comment on proposed closure plan of the Hennepin Energy Recovery Center (HERC)
Engineering Services Manager McKenzie presented this item and provided a brief overview of how HERC
works, where waste goes, and how it is used. Staff recommended approval and Engineering Services
Manager McKenzie believes Hennepin County is trying to be environmentally conscious and mindful of
Adopted Minutes Page 7 of 7 Regular Meeting of January 9, 2024
how this impacts others. He added Hennepin County staff have accounted for the loss of energy due to
the removal of HERC and have answers for those questions.
Motion was made by Councilmember Willis, and seconded by Councilmember McGregor, to adopt
Resolution of response to proposed Hennepin Energy Recovery Center (HERC) Closure Plan (Res2024‐
022). With all members voting in favor, the motion carried.
(8.3) Appoint Deputy Mayor, Council Coordinating Representatives and other agency appointments
for 2024
Mayor Wosje stated the Deputy Mayor for 2024 will be Councilmember Willis. He also recommended
Councilmembers to continue their current commissions and committees for 2024.
Motion was made by Councilmember Willis, and seconded by Councilmember Pointner, to adopt
Resolution appointing Deputy Mayor, Council Coordinating Representatives and Representatives to
other agencies (Res2024‐023). With all members voting in favor, the motion carried.
(8.4) Approve acquisition of easements and land agreement for the Station 73 (TRIP) Transit and
Regional Improvement Project (previously item No. 6.23)
Irene Cavanaugh, 10920 Old County Rd. 15, provided her information to staff and Deputy City Manager
Solano stated staff will reach out to Ms. Cavanaugh with her concerns. Public Works Director Thompson
stated this required approval tonight due to the time constraints of the grants.
Motion was made by Councilmember Willis, and seconded by Councilmember Pointner, to adopt
Resolution authorizing acquisition of fee title and easements for the Station 73 (TRIP) Transit and
Regional Improvement Project (ST230003) (Res2024‐024) and Resolution approving the Property Agent
Agreement with the Three Rivers Park District for the Station 73 (TRIP) Transit and Regional
Improvement Project (ST230003) (Res2024‐025). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
There were no reports or staff recommendations.
Adjournment
Mayor Wosje adjourned the regular meeting at 10:37 p.m.
_________________________________________
Jodi Gallup, City Clerk/Administrative Coordinator