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HomeMy WebLinkAboutCity Council Minutes 05-14-2013Adopted Minutes Regular Council Meeting May 14, 2013 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:03 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 14, 2013. COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Bildsoe, Wosje, Willis, Johnson, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Administrative Services Director Callister, City Attorney Knutson, Parks and Recreation Director Evans, Deputy Police Chief Plekkenpol, Public Works Director Cote, Community Development Director Juetten, Assistant City Engineer Renneberg, Design Manager Payne, Fire Chief Kline, Police Chief Goldstein, and City Clerk Engdahl. Plymouth Forum Carlos Gutierrez, 1725 Garland Lane North, voiced his concerns of rumors surrounding the closing of the squash and racquetball courts at Lifetime Fitness which will be converted to a Kids Academy. He suggested that the spinning room in the club, where there were two racquetball courts, has sufficient height to be able to construct a mezzanine where the Kids Academy could be installed. Mayor Slavik stated this is a private business, and the City can't tell Lifetime how to operate it. She thanked Mr. Gutierrez for bringing his concern to the Council. Presentations and Public Information Announcements 4.01) Acceptance of Donation from CenterPoint Energy for Automatic Electronic Defibrillator Steve Marsh, from CenterPoint Energy, presented a donation in the amount of $750 for an automatic electronic defibrillator for the Police Department. Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adopt a Resolution Accepting Donation of $750 from CenterPoint Energypurchase an Automatic Electronic Defibrillator (Res2013-127). With all members voting in favor, the motion carried. Adopted Minutes 1 of 12 Regular Meeting of May 14, 2013 4.02) Recognition to Police Explorers The Council recognized the Police Explorers for their accomplishments at recent competitions. 4.03) Recognition to Police Officer Ryan Peterson, Hennepin County Traffic Officer of the Year The Council recognized Police Officer Ryan Peterson who was awarded the Hennepin County Traffic Officer of the Year. Approval of Agenda Mayor Slavik stated the Council will be going into closed session immediately following the regular meeting to discuss purchase of the Begin farm property. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to approve the amended a eg_nda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to adopt the Consent Agenda that included the followingitems: ems: 6.01) Minutes of the Special Meetings of April 16, April 30, and May 7, Board of Equalization Reconvened Meeting of April 23, and Regular Meeting of April 23. 6.02) Resolution Approving Disbursements ending May 4, 2013 (Res2013-128). 6.03) Resolution Authorizing the Police Department's Participation in a Multi -Jurisdictional Task Force with the Drug Enforcement Administration (Res2013-129). 6.04) Resolution Approving Request for Payment No. 2 and Final for the 2012 Sanitary Sewer Lining Project (12007 - Res2013-130). 6.05) Resolution Approving the Plans and Specifications and Ordering the Advertisement for Bid for the Ferndale North Lift Station Rehabilitation (12028 - Res2013-131). 6.06) Resolution Awarding the Contract for the 2013 Sanitary Sewer Lining Project (13008 - Res2013-132) and a Resolution Approving Change Order No. 1 for 2013 Sanitary Sewer Lining Project (13008 — Re2013-133). 6.07) Receive the 2014 Suburban Rate Authority budget. Adopted Minutes 2 of 12 Regular Meeting of May 14, 2013 6.08) Resolution Approving Request for Payment No. 4 and Final for the 8th Avenue Street Reconstruction Project (10004 - Res2013-134). 6.09) Ordinance Amending Chapter XI of the Plymouth City Code Concerning Alarm Systems Ord2013-14). 6.10) Resolution Approving the Purchase of a Replacement Tandem Dump Truck (Res2013- 135). 6.11) Resolution Accepting a Flashlight from Trygve Svard through the Plymouth Crime and Fire Prevention Fund (Res2013-136). With all members voting in favor, the motion carried. Public Hearings 7.01) On -Sale Liquor and Sunday Intoxicating Liquor License Applications for Rosengren Associates, Inc., d/b/a Sunshine Factory Bar & Grill, 4100 Vinewood Lane North City Clerk Engdahl reported on the on -sale and Sunday intoxicating liquor license applications for Rosengren & Associates, Inc., d/b/a Sunshine Factory Bar & Grill, at 4100 Vinewood Lane North. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Liquor Licenses (Res2013-137). With all members voting in favor, the motion carried. 7.02) Project and Assessment Bearing for Creekside of Plymouth Edge Mill and Overlay Project (13009) Design Manager Payne reported on the proposed project. The construction would begin in July and end in August. Mayor Slavik opened the public hearing. John Sullivan, 4015 Minnesota Lane North, representing their homeowners association, stated they are interested in completing the project. He stated there are two properties that will be sold in the very near future, and he wants to make sure the proper homeowner gets assessed. Public Works Director Cote stated the owner of record when the assessments are adopted is responsible for the assessment. Adopted Minutes 3 of 12 Regular Meeting of May 14, 2013 Mayor Slavik closed the public hearing. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Ordering Improvement for the Creekside of Plymouth Edge Mill and Overlay Project (13009 — Res2013-138), and a Resolution Adopting Assessments for Creekside of Plymouth Edge Mill and Overlaeject (13009 — Res2013-139). With all members voting in favor, the motion carried. 7.03) Vacation of a Sanitary Sewer Easement within the Southwest Quarter of Section 18 and the Northwest Quarter of Section 33, all in Township 118, Range 22 Public Works Director Cote reported on the proposed vacation. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving the Vacation of a Sanitary Easement within the Southwest Quarter of Section 28 and the Northwest Quarter of Section 33 all in township 118, Range 22 (Res2013- 1_10). With all members voting in favor, the motion carried. 7.04) Project and Assessment Hearing for Dunkirk Lane Mill and Overlay Project (13007) Design Manager Payne reported on the proposed project. Project would start the beginning of June and end mid July. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Wosje, and seconded by Councilmember Bildsoe, to adopt a Resolution Ordering Improvement for the Dunkirk Lane Mill and Overlay Project (13007 — Res2013-141), Resolution Adopting Assessments for Dunkirk Lane Mill and Overlay Project 13 007 — Res2013-142), and a Resolution Awarding Contract for Dunkirk Mill and Overlay Project (13007 — Res2013-143). With all members voting in favor, the motion carried. 7.05) Project Hearing for Dunkirk Lane Street and Utility Improvement Project and Setting Assessment Hearing (13015) Public Works Director Cote reported on the proposed project. He stated the project was petitioned by 65% of the abutting property owners. He noted that this is a State aid street which means the roadway needs to be 33' wide in order to receive funding. Adopted Minutes 4 of 12 Regular Meeting of May 14, 2013 Mayor Slavik opened the public hearing. Beryl Halldorson, 5705 Dunkirk Lane, stated this road is currently dirt, but 33' seems so wide. She requested and received confirmation that the sewer won't be in the road. She stated she's concerned about the $24,000-$40,000 proposed assessment. She understands that her assessment can be deferred, but others won't qualify. She also realizes that development is coming, and the road improvement is needed. However, she was under the impression that developers would pay for this road. The residents on the east side of Dunkirk Lane petitioned this project, but they have already sold their properties to developers who will be paying the assessments. This isn't the case for the property owners, such as herself, on the west side of the road. Lee Olson, 5535 Dunkirk Lane, stated he signed the petition but his understanding was to just get an estimate on the cost of the project. He agreed that development is inevitable, but they have lived on this gravel road for 25 years, so they don't need a paved road for their use. Carter Charlson, 5515 Dunkirk Lane, shared Ms. Halldorson's concern about the homeowners on the west side of the road having to pay for the improvement as they understood developers were going to pay the costs. He requested that the City wait for developers to come in and then assess the widening of the road to the developers like they did on the east side of Dunkirk Lane. He stated the developers aren't going to make an offer on the land until the Council decides on reguiding as that will determine the value of the land. He asked why assess this improvement when in two years the current property owners won't be there anyway. He requested that the Council vote first on the reguiding, let the developers make offers on the land and the land is sold, and then assess the road. He stated none of the other property owners on the east side of Dunkirk have had to pay these costs. It's not fair. Paul Hetchler, 5855 Dunkirk Lane, stated his property faces Terra Vista, which is north of the assessed properties. His concern is that he hasn't seen a plan for the sanitary sewer but only the road. He's relieved that he's not being assessed for this project. His house will need access in the future to sanitary sewer even though there is a manhole cover and connection to sanitary sewer right in front of his driveway and he's prohibited to connecting at that location. This could be the plan for those properties to be served from the west. However, he would like to see the whole plan. Dave Gonyea, developer, stated they own some of the property on the east side, some property is under contract, the remainder is developing. The issue with the assessments on the east were made on their offers to include those improvements. The other alternative is for whoever comes in first, pays for the whole road. He stated 95% of the land they purchase, they assume assessments of some form or another. In this case, of the 30 developers interested in this area, the majority of the developers would be willing to compensate residents for the new road. This isn't uncommon. Mayor Slavik closed the public hearing. Adopted Minutes 5 of 12 Regular Meeting of May 14, 2013 Mayor Slavik asked staff to respond to questions that were just raised by residents. Public Works Director Cote stated the road will have storm sewer. Storm sewer will be in the northbound lanes, drain to the north, enter into a pond and discharge back to the north, to another pond, and to the wetland, which is pretty similar to the current drainage. There would be no sanitary sewer on Dunkirk Lane. Access to sanitary sewer would be feeding in from other areas. Mayor Slavik added that with the misunderstanding that developers would be paying the assessments, this would be a negotiating tool during the sale of properties. Mr. Charlson, stated if this project is approved, they're assessed, and they don't sell their properties and there is development all around them, how would that impact their real estate taxes? Would his taxes increase to the value of what five acre parcels with 30 acres will have on it? This forces residents to sell their properties as they don't have a choice. Mayor Slavik stated that isn't the City's intent. His property would increase in value because people around him are selling their properties. Mr. Charlson asked if it's fair to inflate his property taxes because of that. Mayor Slavik replied State law doesn't allow the City to keep his property at a lower value. She stated assessed values are based on actual sales, not what people list their properties for. Councilmember Willis stated the building of infrastructure is necessary for item No. 8.02, reguiding of property for urban development. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to table action on this item until after the discussion of item No. 8.02. With all members voting in favor, the motion carried. 7.06) Massage Therapy Center License for Massage Retreat and Spa, 4445 Nathan Lane Suite B Deputy Police Chief Plekkenpol provided background on this item. He stated an employee of Massage Retreat and Spa, Ma'Rion Anderson III, was charged for practicing without a Massage Therapy Certificate on February 5, 2013. This charge stemmed from an investigation of Plymouth case No. 13-6122, in which a female customer reported that Mr. Anderson had inappropriate sexual contact with her. The victim of this incident decided not to pursue criminal charges. He stated City staff on two occasions notified the establishment by email correspondence those massage therapists who were employed by Massage Retreat and Spa but hadn't renewed their licenses. Mayor Slavik opened the public hearing. JoAnna Masloski, Director of Operations for Massage Retreat and Spa, explained that they opened their Plymouth location in July 2007, and including the Plymouth location, they have six locations. They have invested $75,000 in massage therapy licenses and renewals in the community. Even though every city is different with their licensing requirements, they ensure Adopted Minutes 6 of 12 Regular Meeting of May 14, 2013 that their therapists understand the licensing process, and they sign on their applications that they agree to comply with licensing requirements. Until this incident with Mr. Anderson, they've had no previous licensing complaints with the City. She stated their spa manager made the mistake of accepting a verbal commitment from Mr. Anderson that he had renewed his massage therapy certificate. Therefore, they have recently invested in new software that red flags a therapist before their licenses expire. They are also retaining their spa therapists. They want to take steps to make sure this doesn't happen again. She noted that they immediately suspended Mr. Anderson on February 5 when the incident occurred. Councilmember Johnson asked if massage therapy is a long teen career. Lee Oberg, President of Massage Retreat and Spa, stated the average is two years. He stated they've had success in retaining people. To make this kind of mistake is troubling to him as they're a franchise and they have high standards. Councilmember Bildsoe asked prior to purchasing the recent software to track their therapists, how did they keep track of things. Mr. Oberg replied they had another type of system. Councilmember Bildsoe asked how they displayed Mr. Anderson's certificate, especially since it was expired. Mr. Oberg stated they keep the certificates in their files, but not on display. However, beginning immediately, they will be displaying the certificates. Deputy Police Chief Plekkenpol added that the Police Department isn't going into establishments to look for certificates, but to make sure they have certificates on file. Councilmember Wosje stated on January 10, the spa manager sent an email to City staff inquiring which therapists hadn't renewed their licenses. City staff replied back the same day. Therefore, what occurred between January 10 and February 6, when this all came to light. Ms. Masloski reiterated that they accepted a verbal commitment from Mr. Anderson that he had renewed his certificate. She added with their new tracking software, if the therapists haven't renewed their certificates by December 20, their appointments will be canceled. Councilmember Black asked if the Council revokes this establishment's license, when can they reapply. Police Chief Goldstein replied it's up to the Council's discretion as there isn't a penalty grid like there is for tobacco and liquor. From his perspective, the business has taken this incident very seriously and has put into place some good remedies to make sure this doesn't happen again. They also met with City staff, and that meeting went really well. He wouldn't recommend a revocation through the end of the year. Mayor Slavik closed the public hearing. The majority of the Council requested that no punitive action be taken this evening. They appreciated the business admitting the mistake that occurred and the measures they have put into place to make sure it doesn't happen again. Motion was made by Councilmember Johnson, and seconded by Councilmember Wosje, to take no action. With all members voting in favor, the motion carried. Adopted Minutes 7 of 12 Regular Meeting of May 14, 2013 General Business 8.01) Massage Therapy Certificate for Ma'Rion Guy Anderson III Deputy Police Chief Plekkenpol explained action on the appeal of the denial of Massage Therapy Certificate for Mr. Anderson was tabled from the April 9 Council meeting. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt a Resolution Dgnying Massage Therapist License with Findings of Fact (Res2013-148). With all members voting in favor, the motion carried. 8.02) Comprehensive Plan Amendment to re -guide 12 Parcels to LA -R2 and 2 Parcels to P -I for Properties West of Dunkirk Lane, South of County Road 47 (2013002 and 2013003) Community Development Director Juetten reported on the request for a Comprehensive Plan Amendment to re -guide 12 parcels to LA -R2 and 2 parcels to P -I for properties west of Dunkirk Lane, south of County Road 47. He stated approval of this reguiding requires 5/7th's vote of the Council. Jeff De Cesave, from Minnesota Land Professionals, speaking on behalf of the applicants, discussed the conceptual plans for single family housing development. Parks and Recreation Director Evans added that she has met with the developer about the trail on the west side of the property and the need for buildable land for the Northwest Greenway. Councilmember Stein stated he was looking for a development plan like this and something that could be incorporated into the guiding. However, if this is only a concept plan and the development of this property should generally follow this layout, then this whole exercise has been for naught, and he's not ready to proceed with the reguiding. He's concerned about reguiding property without a development proposal. City Attorney Knutson stated this is a picture on how this property could be consistent with the reguiding. There could be a different plan that could come before the Council that could meet the guiding and zoning that's different from this plan. Councilmember Black asked Mr. DeCesave what the proposed density would be for this concept plan. Mr. DeCesave replied 2.3 units per acre in its entirety. LA -R2 allows for two to four units per acre. He stated their intention isn't to provide a specific plan, but rather be a tool for layout of road placement based on elevation, different lot sizes for the blending of neighborhoods, and trails. The concept plan isn't meant to be approved in its current form. Councilmember Black noted the southern end of property is heavily treed. Therefore, how would they comply with the City's tree ordinance. Mr. DeCesave replied at this point, it's hard to Adopted Minutes 8 of 12 Regular Meeting of May 14, 2013 determine as they haven't done a tree inventory. Councilmember Black added the trail aspect would need to be clarified with staff. Councilmember Johnson stated the Council needs to be clear tonight that this concept plan is just a tool on what type of zoning could follow. She prefers to be on the low end as far as density, at two units per acre. This would transition well with what's occurring in this area. The Council has flexibility with zoning. Councilmember Bildsoe agreed. He stated the Council has initiated concept plans in the past. Mayor Slavik stated she hasn't been convinced that this Comprehensive Plan amendment needs to be approved this evening. She stated traditionally, developers snake applications. She has received comments from residents that the City is moving too fast with developments in this area. Mr. Charlson stated he doesn't have an opinion on how this area should be rezoned. Ms. Halldorson stated she supports this reguiding so this gives them a choice on what they want to do with their properties. All the land on the east side has been sold and no one has approached the owners on the west side and that's because of how the property is zoned. She wants the choice on whether she wants to sell or not. Mr. Olson stated they aren't against rezoning and not necessarily against improving Dunkirk Lane, but it's sticker shock. They want the opportunity to sell, and it would be more attractive to a developer if it's rezoned to a more practical use. Mayor Slavik stated property owners have the opportunity to sell no matter if the properties are rezoned or not. No one is limiting the ability to sell their properties. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving the Comprehensive Plan Amendment. Councilmember Black stated she wouldn't support the motion as she prefers LA -R1 guiding which would be up to two units per acre. Councilemember Wosje stated he supports the motion. Unless the Council approves the reguiding, the property owners/developers can't move the development of the land forward. He stated he doesn't want to develop this area in a piece meal fashion. Mr. DeCesave stated the market in Plymouth is single family homes which would provide more money to current property owners. In his professional opinion, he doesn't see any higher density than the LA -R2 guiding. Councilmember Black reiterated that she's not comfortable with the 2-4 units per acre. Mayor Slavik agreed, and she worries that it does take some control away from the City. She stated she Adopted Minutes 9 of 12 Regular Meeting of May 14, 2013 wants a complete development application in front of her and the ability to examine every aspect of the plan, which also provides an opportunity to be fair and consistent. Councihnember Johnson stated by holding back on the guiding, the Council is holding back on development. She stated she's afraid that if the Council doesn't send a clear message today that it can be comfortable with the proposed guiding, the Council is going to hinder orderly development in this area. The emails that the Mayor is receiving is due to what will occur with the Begin farm property. Residents want to be sure they'll get those park facilities and other infrastructure improvements. If the Council doesn't move this forward tonight, there's a cloud of uncertainty. The reguiding gives the property owners and developers more certainty. Councilmember Stein disagreed and stated that some members of the Council are concerned that they get the appropriate plan for this area. It would probably get approved if it's around two units per acre. Councilmember Willis stated he's prepared to support the reguiding. If the Council is committed to the development of this area as a planned area, hopes to improve Dunkirk Lane, and provide certainty for property owners and developers, the City will get that development accelerated. Councilmember Johnson stated without guiding in place, it makes it much harder to sell the property. The City still has a lot of control on what happens on the site. She stated she can't support the improvement to Dunkirk Lane based on the assessments, which is why the best way to do this is for the developers to pay the assessments for the west side of the roadway. Councilmember Black stated she would support LA -R1 guiding. She doesn't feel this is halting the development of this property; therefore, she doesn't want to be characterized incorrectly. Councilmember Johnson stated developers are telling the Council that it makes it very difficult to bring in a plan that the Council is looking for. She doesn't want to start the process all over again. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to call the stion. With all members voting in favor but Johnson, the motion carried. The Council voted on the main motion and Johnson, Wosje, Willis, and Bildsoe voting yes, and Stein, Black, and Slavik voting no, the motion failed. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to a direct the City Attorneyprepare findings of fact for denial for the May 28 Council meeting. With all members voting in favor but Johnson, Wosje, Willis, and Bildsoe, the motion carried. 7.05) Continued Discussion on Dunkirk Lane Street and Utility Improvement Project 13015) Adopted Minutes 10 of 12 Regular Meeting of May 14, 2013 Public Works Director Cote stated if this project doesn't proceed this evening, it won't get done until next year. He stated it's not just developers that would benefit from this improvement but also the City due to maintenance issues with the road. He stated the Council could order the improvements, go out for bids, and could then decide to award the contract. From there, the Council could decide if they want to assess and when. A simple majority vote is all that is required as it was a petitioned project. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Approving Plans and Specifications, and Ordering Advertisement for Bids for the Dunkirk Lane Street and Utility improvements (13 01 — Res2013-145). Councilmember Willis stated this improvement should proceed even without the reguiding of the property. He stated all the resolutions should be adopted. If the project is ordered and at the time of the public assessment hearing, the Council entertain the deferment of assessments if the property owners request that. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to amend the main motion to adopt a Resolution Ordering Improvement for the Dunkirk Lane Street and Utility Improvements (13015 — Res2013-144), Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessmen4t for the Dunkirk Lane Street and UtilitX Improvements (13 015 — Res2013-146), and a Resolution Setting Hearing on Proposed Assessment for the Dunkirk Lane Street and Utility Improvements (13015 — Res2013-147). Councilmember Johnson stated in her discussion with Ward 1 residents, the one common theme for landowners is the concern of heavy assessments that will force them to sell their properties before they're willing to sell. She stated the Council should try to provide opportunities to that corridor so that developers can step forward to relieve that burden. She stated she's trying to time the development of this area and give certainty to property owners. Greg Hoglund, 19220 Hackamore Road, Corcoran, stated he was always told that whoever moves the dirt, pays for the assessment. He requested that his neighbors on the west side of Dunkirk Lane be allowed to defer the assessments. He stated the applicant was instructed by the Council to come back with a concept plan based on LA -R2 guiding. Mayor Slavik stated regarding assessments, senior citizens can request deferrals, and the Council can defer assessments for one year. She explained that the Council asked for a concept plan based upon what the applicant was requesting. The Council voted on the amendment. With all members voting in favor but Johnson and Wosje, the motion carried. The Council voted on the amended main motion and with all members voting in favor but Johnson and Wosje, the motion carried. Adopted Minutes 11 of 12 Regular Meeting of May 14, 2013 Reports and Staff Recommendations 9.01) Legislative Update The Council requested Administrative Services Director Callister to send them a written legislative update. 9.02) Future Study Sessions The Council scheduled the following study sessions: 1. June 11 at 5:30 p.m. to discuss the city manager selection process. 2. Reschedule the August 6 budget study session to August 13 at 5:30 p.m. Adjournment Mayor Slavik adjourned the Regular Meeting at 10:15 p.m. Motion was made by Councilmember Black, and seconded by Councilmember Stein, toog into closed session to discuss the purchase of the Begin Farm property. With all members voting in favor, the motion carried. Mayor Slavik called the Closed Session to order at 10:20 p.m. in the Medicine Lake Room. Mayor Slavik, Councilmembers Johnson, Wosje, Willis, Bildsoe, Stein, Black, City Attorney Knutson, City Manager Ahrens, Administrative Services Director Callister, Parks and Recreation Director Evans, and City Clerk Engdahl present. Mayor Slavik adjourned the Closed Session at 10:55 p.m. jJL,C:/ // Sandra R. Engdahl, Cit Jerk Adopted Minutes 12 of 12 Regular Meeting of May 14, 2013