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HomeMy WebLinkAboutCity Council Minutes 10-14-2014Adopted Minutes Regular City Council Meeting October 14, 2014 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 October 14, 2014. COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Bildsoe, Wosje, Johnson, and Prom. COUNCIL ABSENT: None. STAFF PRESENT: City Manager Callister, Administrative Services Director Fischer, Community Development Director Juetten, Deputy Fire Chief Springer, Public Works Director Cote, Police Chief Goldstein, Building Official Ryan, Planning Manager Thomson, City Attorney Knutson, Communications Manager LaFave, City Forester Buck, and City Clerk Engdahl. Plymouth Forum Hanna Hill, 4890 Magnolia Lane North, thanked the City for adding a light on the dark section of Schmidt Lake Road. She noted that she is upset with the appearance of the Four Seasons Mall property. She requested the City force Wal-Mart to develop the property. Mayor Slavik stated that Walmart, as the property owner, has property rights and the Council does not have the ability to make them develop the property. She directed staff to look into any safety issues and the broken sign on the property. Presentations and Public Information Announcements 4.01) Present Picture Plymouth Photo Contest Winners Communications Manager LaFave announced this year's Picture Plymouth Photo Contest winners. There were over 300 entries this year. Mayor Slavik thanked all the participants and Plymouth Magazine for their partnership. Approval of Agenda Mayor Slavik stated item No. 8.02 is being removed from the agenda by request of the applicant. Adopted Minutes 1 of 5 Regular Meeting of October 14, 2014 She also noted that an amendment to item No. 6.06 (Serenity on Plymouth Creek) has been given to the Council regarding a revised summary of security requirements. Motion was made by Councilmember Wosje, and seconded by Councilmember Willis to approve the amended agenda. With all members voting in favor, the motion carried. Consent Aeenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje to approve the consent agenda that include the followingitems: ems; 6.01) Closed Meeting minutes from September 23, Special Meeting minutes from September 23 and September 30, and Regular Meeting minutes from September 23. 6.02) Resolution Approving Disbursements ending October 4, 2014 (Res2014-317). 6.03) Resolution Approving the Purchase of a Tandem Dump Truck and Related Equipment Res2014-318). 6.04) Resolution Denying a Planned Unit Development Amendment and Adopting Findings of Fact (2014068 — Res2014-319). 6.05) Resolution Authorizing the Application and Execution of the Hennepin County Youth Sports Grant for the Northwest Greenway Bridge and Trail Corridor Heading East from Vicksburg Lane (Res2014-320). 6.06) Resolution Approving a Final Plat and Development Contract for "Serenity on Plymouth Creek" for 10 Single -Family Lots for Property located at 4225 and 4245 Dunkirk Lane North 2014050-F — Res2014-321). 6.07) Resolution Approving Variances for Side Yard Setback and Impervious Surface Area Coverage to allow Construction of an Entry and Home Addition by Vivid Design Build for Property located at 1825 Peony Lane North (2014072 — Res2014-322). 6.08) Resolution Approving the 2014 City Manager's Annual Performance Evaluation Res2014-323). 6.09) Resolution Approving Additional Security System Upgrades and Additions (Res2014- 324). 6.10) Resolution Approving Payment No. 3 and Final for the Joint Fiber/Conduit Project, Plymouth and Hennepin County Phase II (13018 — Res2014-325). With all members voting in favor, the motion carried. Adopted Minutes 2 of 5 Regular Meeting of October 14, 2014 Public Hearings 7.01) Delinquent Utilities and Other Charges Administrative Services Director Fischer reported on the proposed assessments Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe to adopt a Resolution Approving the Certification to the County for Delinquent Utility Accounts False Alarms, Tree Removal, and Weed Eradication Charges (Res2014-326). With all members voting in favor, the motion carried. 7.02) Abatement of Hazardous Buildings located at 12125 24th Avenue North Building Official Ryan reported on December 31, 2013 a fire destroyed the single family home located at 12125 24th Avenue North. The owners were given 30 days to apply for a permit to repair or demolish it, which did not occur. A court order was obtained to authorize the City to remove and clean up the property and assess the costs. The work was performed and the owners had until October 1, 2014 to pay the related cost or be assessed accordingly. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis to adopt a Resolution Adopting Assessment for Abatement of Hazardous Buildings at 12125 24th Avenue North (Res2014-327). With all members voting in favor, the motion carried. 7.03) Easement Vacation for Lot 1 and 2, Block 1 of Homestead Village Incorporated Addition Public Works Director Cote reported on the proposed vacation. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis to adopt a Resolution Authorizing the Vacation of Part of Drainage and Utility Easements for Ponding Purposes within Lot 1 and Lot 2 Block 1 Homestead Village Incorporated Addition (Res2414 328). Adopted Minutes 3 of 5 Regular Meeting of October 14, 2014 Councilmember Wosje recued himself on voting on this item. With all remaining members voting in favor, the motion carried. General Business 8.01) Consider Appeal of Interpretation of Fence Ordinance for Temporary Fence with Non -conforming Materials at 2740 Upland Lane Planning Manager Thomson reported that a complaint was received for 2740 Upland Lane that there was a gilded wire fence in the yard. The material is not allowed under the Zoning Ordinance and staff requested it be removed. The applicant is appealing staff's interpretation of the Zoning Ordinance. The fence has been in place for two years and the fence is to secure an area for their dog. Staff is recommending that Council affirm staff's interpretation of the ordinance. Mayor Slavik inquired when temporary fences can be used. Planning Manager Thomson replied on construction sites only. Councilmember Johnson inquired if they could be put up around gardens. Planning Manager Thomson replied only if they are of approved materials. Adam Gelman, of 2740 Upland Lane North, applicant,stated he put up the fence two years ago for his Great Dane. The fence is wire and has metal posts. His wife contacted the City prior to installing the fence a couple years ago and she was told it could be constructed to keep their dogs in. He stated they have never received a complaint on the fence. Mayor Slavik stated enforcement is done on a complaint basis only and that is the reason staff had to act on it. Motion was made by Councilmember Johnson and seconded by Councilmember Willis to adopt a Resolution Affirming City Staff's Interpretation of the City's Zoning Ordinance Related to Fences (2014086 — Res2014-329). With all members voting in favor, the motion carried. 8.02) Appeal of Interpretation of Driveway Ordinance (Tai Lam — 2014087) By request of applicant, this item was removed from the agenda. 8.03) Interim Ordinance Temporarily Prohibiting Medical Cannabis Manufacturers and Distribution Facilities (2014099) Planning Manager Thomson reported that a new State law went in effect to allow for Cannabis manufacturers and distributors in Minnesota. The interim ordinance would only be in place until Adopted Minutes 4 of 5 Regular Meeting of October 14, 2014 a study is completed on the implications of cannabis manufacturing and distribution facilities or for 12 months, whoever occurs first. Councilmember Willis inquired if there is some indication that someone is interested in a site in Plymouth. Community Development Director Juetten replied they have received calls from three parties, but the State has not determined who the manufacturers will be or where they will be located. Motion was made by Councilmember Johnson and seconded by Councilmember Willis to adopt an Interim Ordinance Temporarily Prohibiting Medical Cannabis Manufacturers and Distribution Facilities (Ord2014-29). With all members voting in favor, the motion carried. 8.04) Vacancy on the Housing and Redevelopment Authority Mayor Slavik suggested the Council delay filling the vacancy on the Housing and Redevelopment Authority at this time, but rather handle it with the annual appointment process. The City is currently advertising for the boards and commissions with a deadline of November 7, and staff has scheduled December 2 to interview applicants. It was the Council's consensus to delay filling this position at this time. Reports and Staff Recommendations No reports and staff recommendations. Adiournment Mayor Slavik adjourned the meeting at 7:35 p.m. a. andra R. Engdahl, Cid Clerk Adopted Minutes 5 of 5 Regular Meeting of October 14, 2014