HomeMy WebLinkAboutCity Council Minutes 09-18-2012Adopted Minutes
Regular Council Meeting
September 18, 2012
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 September 18, 2012.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Willis, Bildsoe, Stein, and Wosje.
ABSENT: Councilmember Black.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director
Evans, Public Works Director Cote, Community Development Director Juetten, Police Chief
Goldstein, Fire Chief Kline, Administrative Services Director Callister, and Deputy City Clerk
Baird.
Plymouth Forum
James Grob, 1323 Sibley Memorial Highway, Mendota Heights, representing Amvets Post 1,
requested that the Council amend Section 1105.09 of the City Code regarding the qualifications of
non-profit organizations conducting gambling in Plymouth. Their organization desires to conduct
lawful gambling at Lucky 13's, however, they don't meet one of the four conditions as stated in
Section 1105.09. Amvets has an established relationship with the owners of Lucky 13s as they
conduct lawful gambling at their other restaurants in the metropolitan area. He stated the majority
of their proceeds goes to local schools.
Mayor Slavik stated that if the City were to make a change, that change would have to be made
throughout the community and the Council would schedule a study session to discuss the issue. At
this time, Lucky 13's doesn't have a liquor license with the City.
Presentations and Public Information Announcements
4.01) Announcement of Heart Safe Plymouth
Plymouth Rotary Representative, Russ Carlson, announced a new program called Heart Safe
Plymouth which is being led by their organization. The goal is to make Plymouth a safer place to
play. Heart Safe Plymouth will provide information and training on the use of external AED
purchases and placements within the community. They will also register the AEDs with the 911
system.
4.02 A) Announcement of Ducks on Parade
Adopted Minutes 1 of 8 Regular Meeting of September 18, 2012
Councilmember Wosje announced the annual Ducks on Parade on September 29. Monies raised
will go to local and international projects and scholarships.
4.02 B & C) Announcement of Plymouth on Parade and the Plymouth Firefighters 5K Run
on September 29
Parks and Recreation Supervisor Anderson announced the Plymouth on Parade and the Plymouth
Firefighters 5K run on September 29.
4.03) Announcement of Music in Plymouth Endowment Fund Wine Tasting Event on
October 4
Mayor Slavik announced the Music in Plymouth Endowment Fund Wine Tasting Event on October
4 at Plymouth Creek Center.
4.04) Announcement of Plymouth Community Foundation Legacy Dinner on September 27
Councilmember Willis announced the Plymouth Community Foundation Legacy Dinner on
September 27 at the Crown Plaza Hotel.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to approve
the a egnda. With all members voting in favor the motion carried.
ConsentAeenda
Item 6.05 was removed from the Consent Agenda and placed under General Business as item No.
8.001. City Manager Ahrens noted an amended copy of 6.01 was presented to the Council due to a
typographical error.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to adopt the
Consent Agenda that included the following items, including item No. 6.01 as amended:
6.01) Resolution Approving Declaring a Finding of "No Need" for an Environmental Impact
Statement (EIS) based upon review of the Environmental Assessment Worksheet (EAW) dated July
10, 2012 for the Proposed Peony Lane/Lawndale Lane Extension (2012070 — Res2012-279).
6.02) Resolution Approving Disbursements ending September 8, 2012 (Res2012-280).
6.03) Resolution Accepting Utilities for Continual Maintenance for Taryn Hills 11th Addition
2010080 — Res2012-281).
Adopted Minutes 2 of 8 Regular Meeting of September 18, 2012
6.04) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Salt
Storage Facility (11035 — Res2012-282).
6.05) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.001).
6.06) Resolution to Authorize the Mayor and City Manager to Enter into a Multi -Agency Law
Enforcement Joint Powers Agreement to Participate in the Minnesota Internet Crimes Against
Children Task Force (Res2012-283).
With all members voting in favor, the motion carried.
Public Hearings
There were no public hearings scheduled.
General Business
8.001) Variance for Michlitsch Builders, Inc. for Properties located at 12015 28"' Avenue and
12025 28th Avenue (2012031).
Mr. Bodner, owner of 2745 Hemlock Lane, stated the water nm off designated on the proposed plan
for this project would make water run off onto his property if no other adjustments are made. His
concerns are that the water comes from all directions damaging current landscaping. There was no
quantification of water run off proposed. He asked what criteria are used that makes this
acceptable? Were considerations given as to who will be financially responsible for the damages to
his property in regards to his landscaping and patio?
Public Works Director Cote replied in the original plan, the run off was directed to the east, which
was a Council concern. The revised plan directs water to go between the two properties. The site is
being graded to drain most of the water to the infiltration basin between the two properties, which
were approved by the watershed district.
Mayor Slavik asked who would be responsible for the costs of any damages. Public Works Director
Cote replied it is the builder's responsibility during construction.
Councilmember Willis asked if there was any data on the rate and intensity of the run off to the
parcel on the east. Public Works Director Cote replied no. The calculations provided included
determining pre -and post -run off. The pre -run off rate was more than that of the post -run off rate.
Adopted Minutes 3 of 8 Regular Meeting of September 18, 2012
Councilmember Stein inquired as to whether this grading proposal is vastly different than any other
developments in the City. Public Works Director Cote replied the proposal is not different, however
it is unique.
Mayor Slavik asked if there would be additional silt fencing placed during construction and if the
City and the watershed will be performing inspections. Community Development Director Juetten
replied yes.
Motion was made by Councilmember Johnson and seconded by Councilmember Wosje, to adopt a
Resolution Approving a Variance for Michlitsch Builders Inc. for Properties located at 12015 28th
Avenue and 12025 28th Avenue (2012031 - Res2012-284). With all members voting in favor, the
motion carried.
8.01) Site Plan, Conditional Use Permit, and Final Plat for a SuperAmerica Gas/Convenience
Store (northeast corner of County Road 47 and Vicksburg Lane - 2012061)
Senior Planner Drill presented the plans for the proposed SuperAmerica gas/convenience store with
car wash. In 2000, the property was zoned commercial as part of the City's Comprehensive Plan. In
2005, the property was zoned C2. Walgreens was constructed in 2008 and Foundation Hill was
constructed in 2010. There are two driveways included in this plan with a 4,300 square foot
building. The front of the building would face south towards County Road 47. The gas pumps and
canopy would be south of the building. A car wash would be installed on the backside of the
building.
He stated the proposed development meets or exceeds all City standards in regards to setbacks,
parking spaces, lot coverage, landscaping, signage, lighting, etc. The proposed design of the
building would comply with City ordinance standards. The conditional use permit is required for all
gas convenience stores. The owners desire to operate the station 24 hours. The car wash and
vacuum must maintain noise ordinance compliance. The Planning Commission is recommending
no car wash accessibility between the hours of 11:00 p.m. and 6:00 a.m. The final plat complies
with all City regulations.
Councilmember Bildsoe asked if there are plans to perforin auto repair work? Senior Planner Drill
replied no.
Councilmember Bildsoe inquired as to the small outlot on the north side of the property. Senior
Planner Drill replied plans are for a small office building.
Councilmember Johnson stated that 24-hour operation is prohibited in the City. Senior Planner
Drill stated the owners desire to extend the hours between 11:00 p.m. and 6:00 a.m. for store
operation and gas only, no car wash operations.
Councilmember Johnson said there are prohibitions on noise for a car wash, but what about the
speakers on the gas pumps. Senior Planner Drill replied the entire site is restricted for hours on
vacuum and car wash. Speakers would be on the gas pumps.
Adopted Minutes 4 of 8 Regular Meeting of September 18, 2012
Councitmember Wosje stated that according to the chart, the pump islands are right next to the
residential lot line. He asked what the distance is to the Montessori school. Senior Planner Drill
replied that the school is 220' away from the pump islands, which is considered a commercial
property and not a residential property, which would require a 300' setback.
Councilmember Stein stated when the Montessori school was built in 2010, they knew there were
plans for a potential gas station at that time.
Dennis Cornelius, 4555 Magnolia Lane, applicant, addressed the Council in response to the
residential comments submitted to the City on this item. He stated that traffic impact studies have
been completed. The need for a gas station in this area will help service the residents. In regards to
light pollution, they would be installing recessed light fixtures including LED light fixtures. The
light levels will be below the standard required by the City and would meet the current City Code.
They will make sure the water run off goes directly to the storm system and will not create excess
drainage on the north side of the property. Snow removal will be handled on-site. The Fire lane
access dictated by the Plymouth Fire Department when the Montessori school was built will be
maintained. The plan illustrates a one-way direction with curbing to prevent station users from
going there. The sound issues will be met with the standards required by the City.
He stated in regard to environmental issues, they have developed a plan that shows the area of a
possible leak and it shows that the leak would not interfere with residential homes. There will be
three state-of-the-art underground storage tanks with fiberglass piping, and a stage 1 fill station.
There will also be continuous monitoring of the property and equipment. In addition, all
automobiles manufactured after 2009 now require onboard vapor recovery, therefore, reducing
emissions to a safe level for a residential area.
Councilmember Johnson asked when delivery hours would be. Mr. Cornelius replied the City has
an ordinance on deliveries, and they will comply with those restrictions.
There was discussion about the 24-hour operation. Councilmembers Johnson, Willis, Wosje and
Mayor Slavik would not support it.
Councilmember Wosje reiterated that the Holiday Stationstore on County Road 24 wanted to extend
their hours and be open for business from 5:00 a.m. —12:00 a.m. and the Council denied it because
it was in a residential area.
Councilmember Johnson stated that Walgreens is not open 24 hours either.
Councilmember Stein explained that the station on County Road 24 and County Road 9 was in a
planned unit development commercial site built within a residential area and that is why they were
denied those hours.
Mr. Cornelius said Walgreens currently has an approved 24-hour policy on their drive-thru
pharmacy. It is not known if they operate that drive-thru 24 -hours.
Adopted Minutes 5 of 8 Regular Meeting of September 18, 2012
Mayor Slavik then opened the discussion to the floor. Several Residents from Legacy Park including
Hemal Kadakia, MD, Praveen Kumar, Goutham Vemuri, Annette Vemuri, Murli Nagwani, Chandra
Sadineni, Ahil Kuudeh, Saravan Vivek, Subbu Gomatmayagam, spoke against the project. Raising
objections to the type of business that would harm their children with cancers and leukemias. They
also raised questions about emissions and exposure to radiation living close to a facility such as the
proposed gas station. Other concerns included security, light pollution, noise, and privacy for their
residences and daycare school in the adjoining building. One last concern by the residents is why
they were not notified of the hearing.
Mayor Slavik said that only property owners less than 500 feet are given notification by City
ordinance. This particular site does not apply because of the arterial roadways. Senior Planner Drill
added the distances to residential properties in question were not informed because they are not
property owners, but renters. The City notified all property owners within 500' from the property
line.
Councilmember Stein said the property is zoned C2; therefore, why is a conditional use permit
required. Senior Planner Drill replied that the ordinance requires all gas stations, whether they are
C2, C3 or C4 to have a conditional use permit so additional time can be used the make sure
requirements are met and it also allows the opportunity to regulate hours, etc.
Councilmember Stein asked if the applicant meets all the conditions, the Council can't deny the
conditional use permit. Senior Planner Drill replied that is correct.
Councilmember Johnson stated she has helped guide and zone this area since 2005. If people were
concerned because of a gas station proposal back then, it could have been changed. If this was
property owned by the City, the Council could determine specific uses. However, when it is private
property, the City doesn't have the ability to make major changes after a planned unit development
is in place. She asked if the City has had issues with other daycares or conflicts with traffic around
other convenience stores/gas stations. Community Development Director Juetten replied there have
not been any concerns that the City is aware of.
Councilmember Bildsoe asked about the hours of operation of the station on County Road 24 and
Highway 55, does it open at 5:00 a.m. or 6:00 a.m.? Some stations are closed, but the pumps are
open, are those regulated?
Senior Planner Drill said the station opens at 6:00 a.m. If the Council wishes the pumps to remain
open, but not the store, that would need to be changed.
Motion was made by Councilmember Willis, and seconded by Councilmember Wosie to adopt the
Resolution Approving a Site Plan, Conditional Use Permit, and Final Plat for a Gas
Station/Convenience Store at the Northeast Corner of County Road 47 and Vicksburg Lane with
changes made to paragraph 2, removing "together with 24-hour operations", and remove item 3
entirely.
Adopted Minutes 6 of 8 Regular Meeting of September 18, 2012
Councilmember Bildsoe stated he could support use of only the pumps after hours.
Councilmember Willis stated he wouldn't support use of the pumps after 11:00 p.m.
Motion was made by Councilmember Bildsoe to amend the motion to allow operation of pay
pumps only between the hours of 11:00 p.m. and 6:00 a.m. This motion failed for a lack of a
second.
The Council voted on the main motion and with all members voting in favor, the motion carried.
8.02) Hennepin Youth Sports Program Grant for a training facility at the Plymouth Ice
Center
Parks and Recreation Director Evans reported on the proposed Hennepin Youth Sports Program
Grant for a training facility at the Ice Center. The funds from this grant, if approved, would be used
to construct a 7,220 square foot training facility for youth sports at the Ice Center. Grants awarded
range from $10,000 - $325,000. If the grant is awarded, matching funds would be required and the
project would need to be completed by June 30, 2014. The proposed project would be a public-
private partnership between Acceleration Minnesota NW, Wayzata Youth Hockey Association, the
Lions Booster Club, and the City. She Wayzata Youth Hockey Association has confirmed a
100,000 contribution. The Lions Booster Club has unofficially indicated support of $50,000. As
the project moves forward, staff will look for other financial partners. The cost of the facility is
estimated at $960,000.
She stated the training facility would be leased to and operated by Acceleration Minnesota NW. The
facility would provide athletic training and skill development for all sports. Components of their
training include plyometrics, strength training, a high speed running treadmill, and the hockey
treadmill. As part of the project, the City would establish a long-term 10 -year lease agreement with
Acceleration Minnesota NW to operate the facility. This would also provide a safe training area for
the youth. Staff anticipates the facility will generate $60,000-$65,000 per year of non -ice revenue
for the City. There is also a possibility of increased revenue from concessions.
Councilmember Bildsoe asked if the grant is approved, when will the Council have a more detailed
look at the plans for the facility. Parks and Recreation Director Evans replied the grant is due
October 5, and the Hennepin County Board will review the applications in December.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt a
Resolution Authorizingthehe Application and Execution of the Hennepin County Youth Sports Grant
for a TrainingFacilityacility at the Plymouth Ice Center (Res2012-286). With all members voting in favor,
the motion carried.
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adopted Minutes 7 of 8 Regular Meeting of September 18, 2012
Adiournment
Mayor Slavik adjourned the meeting at 9:20
Adopted Minutes 8 of 8 Regular Meeting of September 18, 2012