HomeMy WebLinkAboutCity Council Minutes 11-12-2013Adopted Minutes
Regular Council Meeting
November 12, 2013
Mayor Slavik 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 November 12, 2013.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Wosje, Willis, Bildsoe and Prom.
ABSENT: Councilmember Johnson.
STAFF PRESENT: City Manager Callister, City Attorney Knutson, Public Works Director Cote,
Community Development Director Juetten, Parks and Recreation Director Evans, Police Chief
Goldstein, Fire Chief Kline, and Deputy Clerk Baird.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
4.01) Presentation of Suburban Transit Association Plaque to Representative Sarah
Anderson
Councilmember Wosje presented a plaque from the Suburban Transit Association to
Representative Sarah Anderson for recognition of work done on behalf of the transit authorities
in the Northwest communities.
4.02) Update from Hennepin County Sheriff's Office
Major Darrell Huggett from the Hennepin County Sheriff's Department presented a report on the
department statistics for 2012. In his report he stated that the Hennepin County Sheriff's
Department offers services to the city including 911/dispatch services, investigations, crime lab,
civil process, warrants, patrol assistance, court security and jail facilities.
There were 401 bookings from Plymouth in 2012 as well as 13,690 inmates escorted and 1,435
mental health patients transported. The department served 594 patrol hours which includes a
water patrol unit, a K9 unit and a transport unit. There were also 169 crime lab cases for
Plymouth.
The biggest improvement is the new Emergency 911 Communications Facility under
construction in Plymouth. This facility will include all 911/dispatch services, a radio and data
Adopted Minutes 1 of 6 Regular Meeting of November 12, 2013
network, and radio operations and technical services. The 59,200 square foot building is
scheduled to open in 2014.
4.03) Presentation of Crime Prevention Volunteer of the Year Award
Police Chief Goldstein presented the Minnesota Crime Prevention Volunteer of the Year Award to
Senior Corps Volunteer Kersten Beckstrom for her dedication and appreciation of service to the
Plymouth Police Department.
4.04) Announce America Recycles Day on November 15
Councilmember Bildsoe announced November 15, 2013 as America Recycles Day and read the
proclamation.
A motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje to
accept the proclamation as written. With all members voting in favor, the motion carried.
4.05) Announce 2013 Key Community Partner Award
Mayor Slavik presented the Council with the 2013 Key Community Partner Award from Senior
Community Services that was presented on October 25, 2013.
4.06) Announce Plymouth Arts Fair on November 16-17
Recreation Supervisor Krumholz made an announcement regarding the Plymouth Arts Fair to be
held November 16-17, 2013.
Approval of Agenda
Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe to
approve the a egnda. With all members voting in favor the motion carried.
Consent Agenda
Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt
the Consent Agenda. With all members voting in favor, the motion carried with the exception of
Councilmember Bildsoe abstaining from item 6.04.
6.01) Approve proposed City Council Minutes for Special and Regular Meetings of October 22,
2013.
6.02) Resolution approving disbursements ending November 2, 2013 (Res2013-346)
Adopted Minutes 2 of 6 Regular Meeting of November 12, 2013
6.03) Resolution to Authorize Presenting Offers for Right of Way for Peony Lane North of
Schmidt Lake Road, (10015 — Res2013-347)
6.04) Resolution Approving Easement Agreement Between Villas of Cornerstone Commons
Homeowner's Associations and City of Plymouth (Res2013-348)
6.05) Resolution Approving Cooperative Construction Agreement No. 04376 with MnDOT and
Temporary Permit to Construct for the Highway 55/Plymouth Boulevard Intersection
Improvement Project (14002 — Res2013-349)
6.06) Resolution Approving Easement Agreements Between Cornerstone
Commons Homeowner's Associations and City of Plymouth (Res2013-350)
6.07) Resolution Approving an Encroachment Agreement for a Retaining Wall within a
Drainage and Utility Easement in Lot 1, Block 7, Terra Vista, 5895 Dunkirk Lane North
Res2013-351)
6.08) Resolution Approving Request for Payment No. 2 and Final for Bass Lake Wetland
Drainage Improvement Project (9127 — Res2013-352)
6.09) Resolution to Approve Encroachment Agreement for a Monument sign and Retaining
Wall within a Drainage and Utility Easement on Lot 13, Block 3, Wood Crest Hills Addition
Res2013-353)
6.10) Resolution Accepting Streets for Taryn Hills 3rd Addition (2006057 — Res2013-354)
6.11) Resolution to Amend 2014 City Council Regular Meeting Schedule (Res2013-355)
6.12) Resolution Approving Temporary Liquor License for West Medicine Lake Community
Club on November 22-23 (Res2013-356)
Public Hearings
7.01) Public Hearing on Easement Vacation of Lot 1, Block 2, Hampton Hills 5th
Addition
Public Works Director Cote reported on the vacation of platted drainage and utility easements
within lot 1, block 2, Hampton Hills 5th addition. On August 23, 2013 a petition letter was
Adopted Minutes 3 of 6 Regular Meeting of November 12, 2013
received from Tradition Development requesting the vacation. On September 24, 2013, Hampton
Hills 6th addition was approved which replatted this lot and provided all new required easements.
All utilities and City staff have approved the proposed vacation. Staff recommends approval of
vacating the property as proposed.
Mayor Slavik opened the public hearing. There was no discussion. Mayor Slavik closed the
public hearing.
A motion was made by Councilmember Bildsoe, seconded by Councilmember Willis, to adopt a
Resolution authorizing the vacation of drainage and utility easements within lot 1, block 2,
Hampton Hills 5`" addition. (Res2013-357). With all members voting in favor, the motion
carried.
7.02) Public Hearing on Easement Vacation of Lot 4, Block 1, Terra Vista Addition
Public Works Director Cote reported on the vacation of platted drainage and utility easements
within lot 4, block 1, Terra Vista addition. On October 1, 2013 a petition letter was received from
GWS Land Development requesting the vacation. The reason for the vacation is to reduce the
existing 10 foot drainage and utility easement to six feet which will still keep the side yard
easement in compliance with City Ordinance and allow for additional building setback distance
from the side property line. All utilities and City staff have approved the proposed vacation. Staff
recommends approval of vacating the property as proposed.
Mayor Slavik opened the public hearing. There was no discussion. Mayor Slavik closed the
public hearing.
A motion was made by Councilmember Bildsoe, seconded by Councilmember Willis, to adopt a
Resolution of a platted drainage and utility easement within lot 4, block 1, Terra Vista addition
Res2013-358). With all members voting in favor, the motion carried.
General Business
8.01) Appeal of Zoning Ordinance interpretation relating to keeping of pigeons (2013102
Res2013-)
Planning Manager Thomson reported that on October 3, 2013 staff sent a letter to Mr. and Mrs.
Partyka in response to a complaint the city received regarding the keeping of pigeons on their
property. Staff's interpretation of the City Code denies the keeping of pigeons in the residential
zoning district in which their house is located. Consequently, the pigeons must be removed from
the property. On October 22, the city received an appeal from the residents. Appeals are only
applicable to interpretation of legislative intent.
Adopted Minutes 4 of 6 Regular Meeting of November 12, 2013
Staff's interpretation is that pigeons are not domestic animals and therefore cannot be kept in an
RSF-1 zoning district. Staff relied on the definition found in Section 21005 of the Plymouth
Zoning Ordinance: Domestic animals shall be defined as house pets such as dogs, cats, and birds
except those defined as farm animals or wild animals) that can be contained within a principal
structure throughout the entire year, provided that containment can be accomplished without
special modification to the structure requiring a building permit from the City. In addition, it
includes rabbits normally sheltered outside the home (emphasis added). The pigeons owned by
the Partyka's are kept in an outdoor coop. Therefore they do not meet the city's definition of
domestic animal.
The Partyka's spoke on their behalf. They have owned the pigeons for 17 years. Ten years ago
they built their home and had pigeons. No one has ever complained before. They want to keep
their pigeons. It is an expensive hobby. They currently have 35 pigeons in a coop outside. They
also wanted to know why they were not informed of this meeting.
Mayor Slavik wanted to know why the Partyka's were not informed and what was the complaint
received. Planning Manager Thomson said the complaint was that they were keeping pigeons and
she will look into why the notice was missed.
It was questioned how long the pigeons are out of the Partyka's control and if they weren't let out
of the coop would they be okay. The Partyka's replied that usually they are gone for about 30
minutes when they are let out to fly; otherwise they are always in the coop.
Mayor Slavik asked if pigeons could be kept in the rural FRD Zoning District? Planning
Manager Thomson said yes.
Councilmember Stein commented that he lives very close to the residents and has never had
complaints and actually didn't realize there were pigeons there.
Mayor Slavik explained that ordinances are in place for reasons. What the council decides on this
issue would apply to all residents. By the city's definition, pigeons are not a domestic animal.
Councilmember Bildsoe asked what the timeframe was to mitigate the issue. Community
Development Director Juetten said normally a quick timeframe is put in place. However, Council
can decide the timeframe necessary to correct the problem and direct staff accordingly.
A motion was made by Mayor Slavik and seconded by Willis affirming city staff's interpretation
of the City's Zoning Ordinance pertaining to keeping of pigeons and allowing a six month
timeframe for removal of the pigeons (2013102 — Res2013-359). With all members voting in
favor, the motion passed.
Adopted Minutes 5 of 6 Regular Meeting of November 12, 2013
Adjournment
Mayor Slavik adjourned the meeting at 8.03 p.m.
Lisa K. Baird etJCIer
Adopted Minutes 6 of 6 Regular Meeting of November 12, 2013