HomeMy WebLinkAboutCity Council Minutes 01-08-2013Adopted Minutes
Regular Council Meeting
January 8, 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 January 8, 3013.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Wosje, Willis, Johnson, Black, Bildsoe
and Stein.
ABSENT: None.
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 Clerk Baird.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
4.01) Announce "Skate with the Mayor"
Mayor Slavik announced her "Skate with the Mayor" event for January 18 at Parkers Lake.
4.02) Update from Police Department
Councilmember Stein had previously requested an update on preparedness information regarding
the recent shootings in Newton, Connecticut from the Police Department.
Police Chief Goldstein reported that the Police Department is doing everything they possibly can
with the established comprehensive safety plans that were established many years ago.
Relationships have been enhanced to include training exercises with the schools and other
community/state organizations. Plymouth is considered to be a leader in many categories with
other government entities. The residents are pleased with the City's performance in these areas as
is evidenced by the recent citizen survey.
The Police Department is very active in statewide programs and legislation. Deputy Police Chief
Plekkenpol has been an active participant in the planning of the statewide plan for emergencies.
Adopted Minutes 1 of 9 Regular Meeting of January 8, 2013
Police Chief Goldstein has also helped with legislation reform for changing school gun laws, and
recently had input in the "Demand to Plan" program in Washington this spring.
After the tragedy that recently occurred in Newton, Connecticut, the Police Department held
active shooter training exercises and plans to further enhance this process to include the Fire
Department this spring to test new procedures.
Another shooting that recently occurred closer to home was at the Action Signage company in
Minneapolis. While nothing can prevent the improbable from happening, actions are being taken
to be prepared to handle these situations the best that is possible. The Police Department does
have plans in place and continues to review those plans.
Wayzata and Robbinsdale School Districts have taken great strides to change policies and
procedures. Robbinsdale School District was awarded three grants to help enhance their
infrastructure. Wayzata High School has recently revamped their front entry to be more secure.
The Police Department continues to train with the school districts to be prepared.
Approval of Agenda
Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to approve
the agenda:
Consent Agenda
Motion was made by Councilmember Wosie, and seconded by Councilmember Bildsoe, to adopt
the Consent Agenda that included the following items:
6.01) Approve proposed City Council Minutes for Special Meetings of November 20,
December 4 and December 11, 2012; and the Regular Meeting of December 11, 2012.
6.02) Resolution Approving Disbursements ending December 29, 2012 (Res2013-001).
6.03) Appointment of City Health Officer for 2013.
6.04) Appointment of City Council Secretary for 2013.
6.05) Resolution Appointing Official Depositories for City Funds for 2013 (Res2013-002).
6.06) Resolution Designating the Plymouth Sun Sailor as the City of Plymouth's Official
Newspaper for 2013 (Res2013-006).
6.07) Resolutions Approving Preliminary Plat and Final Plat for Hampton Hills Investment,
LLC/Hampton Hills South Plateau 3rd Addition (2012093 — Res2013-003) and Adopting
Adopted Minutes 2 of 9 Regular Meeting of January 8, 2013
Assessments for Trunk Sanitary Sewer and Water Main Hampton Hills South Plateau 3`d
Addition (Res2013-004).
6.08) Resolution Approving Payment for Purchases that May Exceed $100,000 (Res2013-005).
6.09) Approve Sale of Police Canine to Sergeant Robert Topp.
6.10) Approve Environmental Quality Committee's 2012 Annual Report and 2013 Work Plan.
6.11) Approve Plymouth Advisory Committee on Transit's 2013 Work Plan.
6.12) Resolution Accepting Utilities for Continual Maintenance for Terra Vista (2011095 —
Res2013-007).
6.13) Resolution Approving Grant Agreement with Metropolitan Council Transit Capital
Financial Assistance for repairs to Plymouth Metrolink Station 73 and the Reserve (Res2013-
008).
6.14) Resolution Approving a Grant Agreement with Metropolitan Council Transit Capital
Financial Assistance to Replace Bus Shelters (Res2013-009).
6.15) Resolution Awarding the Contract for the 45th Avenue and Nathan Lane Drainage
Improvement Project (11021— Res2013-010).
6.16) Resolution Approving the Termination of Assessment Agreement for Carlson Center 12th
Addition (Res2013-011).
6.17) Ordinance Amending Sections 1015 and 1016 of the City Code for 2013 increases to Park
Facility Fees (Ord2013-002, Res2013-012).
6.18) Resolution Approving the Park Master Plan for Fairway Greens Neighborhood Park and
Approval to Proceed with Development (Res2013-013).
6.19) Ordinance Amending Section 1015 of the City Code Regarding Water and Sewer
Connection Charges and Area Charges (Ord2013-003).
6.20) Resolution Approving a Conditional Use Permit to Exceed 50% Office Use in the I-2,
General Industrial Zoning District for Property Located at 13005 16ch Avenue North (2012 100 —
Res2013-014).
6.21) Ordinance Amending Section 1015 of the City Code regarding Water and Sanitary Sewer
Fees(Ord2013-004).
With all members voting in favor, the motion carried.
Adopted Minutes 3 of 9 Regular Meeting of January 8, 2013
Public Hearings
7.01) Vacation of a portion of a Drainage and Utility Easement for Outlot A, Terra Vista
Addition
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 Johnson, to adopt
a Resolution Authorizing the Vacation of a Portion of a Platted Drainage and Utility Easement
within Outlot A and Two Temporary Cul -de -Sac Easements in Terra Vista Addition (Res2013-
015). With all members voting in favor, the motion carried.
General Business
8.01) Consider Lawful Gambling Request of Hamel -Plymouth VFW Post 5903,19020
Hamel Road
Administrative Services Director Callister stated that the City is in receipt of a request by the
Hamel -Plymouth VFW Post 5903 to amend the current Lawful Gambling ordinance to eliminate
or strike the distance requirements in the charitable gambling ordinance for fraternal
organizations only. Currently the building is located within 75' of residential properties.
Councilmember Black asked what type of residences are located within 75' of the establishment.
Administrative Services Director Callister replied single family residences.
Councilmember Johnson asked if this was the only fraternal organization in Plymouth.
Community Services Director Juetten replied yes.
Paul Mercer, Quartermaster of Hamel -Plymouth VFW Post 5903 addressed the Council. He
stated that their neighbors have no objections to charitable gambling at the VFW.
Councilmember Willis asked how long this post has been in existence? Mr. Mercer replied that
they celebrated their 501h anniversary last year. They were established as an organization in 1972
and moved to Plymouth a few years later.
Councilmember Wosje asked if this amendment were granted, what would the purpose be for
having lawful gambling, what would be the Lions Club share and how would this benefit the
community?
Adopted Minutes 4 of 9 Regular Meeting of January 8, 2013
Mr. Mercer replied that first the VFW takes care of the veterans, widows, orphans of the
organization. The VFW is very active in the community, supporting the programs for softball,
teachers, firefighters, and parades. The VFW likes to do good for the community. Currently
WWII veterans make up a majority of the membership. If charitable gambling were allowed, the
increased revenue would permit the VFW to give back that much more to the members and
community without having to raise the membership dues.
Mayor Slavik read the description of a non-profit organization which is "a branch, lodge, or
chapter of a national or state organization registered by the IRS as a 501 C8 or 501 C10 non-profit
organization exists for the common business fraternal or other interest of its members. The term
does not include college and high school fraternities and sororities."
Administrative Director Callister displayed a map illustrating the residences located within 75'of
the VFW.
Councilmember Stein asked if we allow the exception, would this change the liquor license
application process. Administrative Director Callister replied no.
Mayor Slavik stated that her concern is that if the City allows this exception, how this would
affect future establishments.
Councilmember Johnson stated that when the ordinance was drafted, there was a lot of thought to
protect the City's residents. To her knowledge, the City has not experienced any trouble or has
heard of any problems in relation to any gambling in the City. However, resident input should be
heard. This should move to the next level.
Councilmember Willis stated that he would like to maintain some conservatism on this
ordinance. He has no objection to the amendment; however it should be changed to add a clause
to the effect of a fraternal organization occupying the same site since 1975. Therefore if a new
organization came in they would also have to apply for a variance'or exemption.
Motion was made by Councilmember Willis and seconded by Councilmember Johnson to accept
the ordinance as amended and to change Section 1105.11 Subd. 4 to read "Except for a premises
permit issued to a fraternal organization for a location at which the fraternal location has been
since on or before 1975," (Ord2013-001). With all members voting in favor, the motion carried.
8.02) Consider Conditional Use Permit for Amerco Real Estate Co./Truck and Trailer
Rental in conjunction with Self Storage at 1225 Highway 169
Community Development Director Juetten gave a report on the application for a conditional use
permit for Amerco Real Estate Company to operate a U -Haul facility at 1225 Highway 169. They
are also requesting two variances. Staff recommends all applications be approved except the
parking of additional vehicles in the front lot. The Planning Commission recommended that all
items be approved, under the condition that the applicant come back with landscaping plan that
Adopted Minutes 5 of 9 Regular Meeting of January 8, 2013
would not completely screen but buffer the parking view to the public. A revised plan has since
been submitted by the applicant which shows more trees and shrubs.
Councilmember Black asked how many vehicles they want to park in the front, and where the
employees are parking? Community Development Director Juetten said the applicant requests
30-40 vehicles be on-site in the front lot. The main administration use is in the front of the
building, so the employees would park in front.
Councilmember Willis questioned why there are three exits into the street? If the variance is
granted, would the applicant still need the far east access? Maybe the driveway should be closed
to reduce traffic congestion. It is close to the intersection. Community Development Director
Juetten said that it is an existing access.
There was further discussion on the amount of vehicle parking in the front lot. The consensus
was that no more than seven vehicles should be allowed.
David Pollock, Principal Planner and representative for U -Haul America International Real
Estate spoke on behalf of the applicant. U -Haul is a community driven company. They offer
employment opportunities to residents as well as donating funds to local charities, schools and
organizations. In regards to the application, U -Haul is requesting the variances because the
existing vacant building can be adapted to fit the operational needs of the company with added
access points and additional parking. This site was preferred over developing raw land.
The building will be a combination of rental trucks, open warehouse storage, self storage, and
retail sales. The northeast corner of the facility will have a retail showroom where 80% of the
activity happens. Rear parking would be inconvenient for employees who would have to
continually move vehicles. Customers want to see the vehicles they are going to rent, therefore
parking the vehicles in the front would be better suited for business. The parking on the north
side of the building would be for self storage rental customers to access their rental space. Most
of the traffic generated from this facility would be at the beginning and end of each month when
most people move. Traffic counts are estimated to be 20-30 trips per day.
Councilmember Willis continued to express concern over so many driveways and asked if it
would be possible to remove one. Mr. Pollock explained that with customers, whom seldom
drive big trucks, there is a need to have ease -in and out -of the parking lot and into traffic.
Councilmember Stein stated that he doesn't see traffic being a problem. He is more concerned
with the parking of vehicles in the front lot. He asked Mr. Pollock how many trucks they wish to
park in the front? Mr. Pollock replied 30-40 vehicles. Councilmember Stein stated that he is
concerned about the City image when trucks are on display. He stated he would support the
variances if parking was limited to seven vehicles.
Motion was made by Councilmember Johnson and seconded by Councilmember Stein to adopt
the Resolution Denving a Variance for Screening and Approving a Conditional Use Permit, and
Drive -Aisle Variance and a Site Plan Amendment to Allow a Truck and Trailer Rental Operation
Adopted Minutes 6 of 9 Regular Meeting of January 8, 2013
Accessory to a Self -Storage Facility at 1225 State Highway 169 (2012091). This was staff's
recommendation.
Motion to amend was made by Councilmember Stein and seconded by Councilmember Black to
limit parking on the east side of the property to sevenspaces-,"
Councilmember Willis asked Fire Chief Kline if there was any fire protection needed in the
facility because of the storage space? Fire Chief Kline said it would be upgraded to code use.
Councilmember Johnson clarified that her motion was intended to grant the applicant's request.
Therefore she withdrew her motion.
Motion was made by Councilmember Johnson and seconded by Councilmember Wosje to adopt
a Resolution Approving a Conditional Use Permit, Screening and Drive -Aisle Variances and a
Site Plan Amendment to Allow a Truck and Trailer Rental Operation Accessory to a Self -Storage
Facility at 1225 State Highway 169 (2012091) .
Motion to amend was made by Councilmember Stein and seconded by Councilmember Black to
limit parking to seven spaces on the east side of the site.
Councilmember Stein stated he wants the business to move forward, the parking request is
excessive.
Councilmember Johnson is not concerned with the parking. The City should help a business be
successful. The business should be able to decide how many spaces they need.
Councilmember Willis stated the requested amount of parking will negatively impact the
potential future development to the north of the property.
Mr. Pollock stated the Planning Commission approved 30-40 parking spaces. Their business
could settle for 25-30 spaces.
Motion to amend the amendment was made by Councilmember Johnson and seconded by
Councilmember Wosie to limit the parking to twent3Lfive.
Matt Oelschlager, a representative for the current owner of the property spoke to the Council in
favor of the proposal.
The motion to limit the parking to twenty-five failed with Bildsoe, Johnson and Wosje voting
aye; Stein, Black, Willis and Slavik voting nay.
Motion to amend was made by Councilmember Willis seconded by Councilmember Black to
limit the parkin too ten.
Adopted Minutes 7 of 9 Regular Meeting of January 8, 2013
Mr. Pollock addressed the Council and stated that their company would like to be a part of the
community. They want to be successful. Ten spaces will not work for the business. Mr. Pollock
withdrew the application and said the company will look for another property.
No further action on the motions was necessary because the applicant withdrew the application.
Councilmembers Johnson, Black and Stein stated they were disappointed that an agreement
couldn't be reached between the City and the applicant.
Councilmember Wosje understands the applicant's business and that they need to be successful.
It is because they have been in business for over 60 years that proves they are a successful
company and it is too bad that the Council was not more supportive.
Councilmember Willis respects the fact that the applicant's business model has worked for them
for 60 years. However, the Council represents the residents in our community and what they like.
U -Haul made an application, the Council considered it, attempted to work with it, but ultimately
U -Haul didn't want to work with what the City was willing to provide.
Councilmember Stein agreed that the variance request for 40 vehicles was unrealistic. The
applicant chose to pick a site that wasn't zoned for their business. The Council feels that the
variance is inappropriate for this particular site. In the past we have worked with other companies
and were able to reach an agreement with some sort of variance.
Mayor Slavik stated that she has never had a developer stand up and walk away. Usually they
alter their plans and come back with changes that the Council ultimately approves. There was a
workable solution here tonight, unfortunately they chose to withdraw.
Reports and Staff Recommendations
9.01) Set Future Study Sessions
The Council scheduled the following study sessions:
January 15 at 5:15 p.m. to meet with MNDOT on I-494.
A special meeting immediately following the special meeting at 6:00 p.m. on January 15
to complete the City Manager evaluation.
February 12, 5:30 p.m. to discuss the Park Replacement Funds.
A special meeting to meet with area legislators, with a date to be determined by
availability of legislators (possible dates of January 29, February 5 or February 19).
Adiournment
Mayor Slavik adjourned the meeting at 8:28 p.m. The council then went into a closed session to
discuss labor negotiations. This meeting was held in the Parkers Lake Room with Mayor Slavik,
Adopted Minutes 8 of 9 Regular Meeting of January 8, 2013
Councilmembers Wosje, Willis, Johnson, Black, Bildsoe and Stein, City Manager Ahrens, and
Administrative Director Callister. The meeting wgadjourned at 9:30 p.m.
K.
Adopted Minutes 9 of 9 Regular Meeting of January 8, 2013