HomeMy WebLinkAboutCity Council Minutes 07-28-2015Adopted Minutes
Regular City Council Meeting
July 28, 2015
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 July 28, 2015.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Carroll, Johnson, Wosje, Beard,
Prom.
ABSENT: None.
STAFF PRESENT: City Manager Callister, Administrative Services Director Fischer,
Community Development Director Juetten, Public Works Director Cote, Deputy Park and
Recreation Director Northway, Police Chief Goldstein, City Engineer Renneberg, Economic
Development Manager Parr, City Attorney Knutson, Finance Manager Bursheim, Design
Supervisor Payne, and City Clerk Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
4.01) "Night to Unite" on August 4th
Mayor Slavik proclaimed August 4th as "Night to Unite" and encouraged all residents to
participate.
4.02) 2014 Comprehensive Annual Financial Report
Aaron Neilson, from Malloy, Montague, Karnowski, Radosevich & Co., PA, presented the
City's 2014 Comprehensive Financial Report.
4.03) Certificate of Achievement for Financial Reporting for 2013
Administrative Services Director Fischer presented the award to the Mayor and Council. He
reported the City has received this Certificate for 32 consecutive years.
Mayor Slavik recognized Councilmember Johnson who recently received the League of
Minnesota Cities' 2015 CC Ludwig Award.
Adopted Minutes Page 1 of 9 Regular Meeting of July 28, 2015
City Manager Callister introduced the City's new Economic Development Manager, Danette
Parr.
Approval of Agenda
Motion was made by Councilmember Johnson, and seconded by Councilmember Prom, to
approve thea egnda. With all members voting in favor, the motion carried.
Consent Agenda
By request of Councilmember Willis, item No. 6.17 was removed from the Consent Agenda and
placed under General Business as item No. 8.04.
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt
the amended Consent Agenda that included the followingitems: tems:
6.01) Minutes from Special and Regular Council Meetings of June 23, 2015.
6.02) Resolution Approving Disbursements ending July 18, 2015 (Res2015-202).
6.03) Resolution Accepting the 2014 Comprehensive Annual Financial Report and Audit
Res2015-203).
6.04) Local Government Resolution Development infrastructure application for St. Jude
Medical (Res2015-204).
6.05) Resolution Approving Change Orders and Final Payment for the Hilde Performance
Center (Phase 2) and Veterans Memorial Park (40011 - Res2015-205).
6.06) Resolution Rejecting Bids for Plymouth Ice Center and Life Time Fitness Parking Lot
Improvements, City Project (40044 - Res2015-206).
6.07) Resolution Approving Temporary On -Sale Liquor License Application from Minneapolis
Jaycees (Res2015-207).
6.08) Resolution Approving a Final Plat and Development Contract for "Fretham 24th Second
Addition" for Property located on Cottonwood Lane south of Highway 55 (2014118-F -
Res2015-208).
6.09) Resolution Approving a Site Plant Amendment, Conditional Use Permit, and Variance
for Vanman Architects and Builders for a Warehouse Addition and Related Site Improvements at
5455 Highway 169 (2015046 - Res2015-209).
Adopted Minutes Page 2 of 9 Regular Meeting of July 28, 2015
6.10) Resolution Approving a Variance to Allow Signage to be Placed Above the Roofline for
Property Located at 4425 State Highway 169 (2015050 - Res2015-210).
6.11) Resolution Approving a PUD Amendment for David and Beth Brown for Property
located at 5605 Glacier Lane North (2015053 - Res2015-211).
6.12) Resolution Accepting Donation from the Plymouth Lions Club and Plymouth Crime and
Fire (Res2015-212).
6.13) Resolution Approving a Second Amendment to the "Aspen Hollow" Development
Contract (2014008F - Res2015-213).
6.14) Resolution Approving Police Ordered Towing and Impoundment Contract for 2015-2018
Res2015-214).
6.15) Resolution Accepting a Donation of $1,000 from the Plymouth Rotary (Res2015-215).
6.16) Resolution Approving the return of DRMO Military Surplus Rifles and the Purchase of
Replacement Equipment (Res2415-216).
6.17) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.04).
6.18) Resolution Approving Encroachment Agreement for a Deck within a Drainage and
Utility Easement on Lot 13, Block 5, Plymouth Oaks (Res2015-217).
6.19) Resolution Approving Change Order No. 1 for Vicksburg Lane Reconstruction and
Expansion Project (15001 - Res2015-218).
6.20) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Signals at Schmidt Lake Road and Fernbrook Lane, Schmidt Lake Road and Cheshire Parkway,
and Schmidt Lake Road and Nathan Lane (8121 and 12010 — Res2015-219).
6.21) Resolution Approving Final Payment for Bass Lake Park Tennis/Basketball Court
Rehabilitation Project (40018 - Res2015-220).
6.22) Ordinance Amending Section 1180 of the City Code Concerning Hotel Guest
Registration (Ord2015-20).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Applications for On -Sale Intoxicating Liquor and Sunday Liquor from LCS
Minneapolis LLC, d/b/a Trillium Woods, 5855 Cheshire Parkway
Adopted Minutes Page 3 of 9 Regular Meeting of July 28, 2015
By request of the applicant, this item was tabled to the August 1 lth Council meeting.
7.02) Improvement and Special Assessment Hearing for the 2015 Public Works Mill and
Overlay Project (15002.2)
Design Supervisor Payne reported on the proposed project.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Prom, and seconded by Councilmember Willis, to adopt a
Resolution Ordering Improvement for the 2015 Public Works Mill and Overlay Project (15002.2
Res2015-221) and a Resolution Adopting Assessments for 2015 Public Works Mill and
Overlay Project (15002.2 — Res2015-222). With all members voting in favor, the motion carried.
7.03) Public Improvement and Special Assessment Hearing for the 2015 Public Works
Mill and Overlay Project Phase II (15002.3)
Public Works Director Cote reported on the proposed project.
Mayor Slavik opened the public hearing.
David Witte, 4470 Comstock Lane, requested the project be approved.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Prom, and seconded by Councihneinber Johnson, to adopt
a Resolution Ordering Improvement for the 2015 Public Works Mill and Overlay Project Phase
II 15002.3 - Res2015-223) and a Resolution Adopting Assessments for 2015 Public Works Mill
and Overlay Project Phase II (15002.2 — Res2015-224). With all members voting in favor, the
motion carried.
7.04) Public Improvement and Special Assessment Hearing for the Vicksburg Lane South
Mill and Overlay Project (15006)
City Engineer Renneberg reported on the project, noting this area will be converted to a three -
lane roadway with the existing shoulders in the two-lane configurations eliminated. The yellow
delineators at the Luce Line Trail and Central Middle School crosswalks would be eliminated,
but the marked crosswalk would remain. He stated an additional enhancement being considered
is rectangular rapid flashing beacons that are push button activated. Public Safety Director
Goldstein commented with the proposed plan and possible additional technologies, the crosswalk
would potentially be safer than it currently is.
Mayor Slavik opened the public hearing.
Adopted Minutes Page 4 of 9 Regular Meeting of July 28, 2015
Peter Kuehnel, 640 Vicksburg Lane, spoke on behalf of Teresa and Richard Woodward at 625
Vicksburg Lane. He stated Mr. and Mrs. Woodward believe that they shouldn't be assessed for
this project since the majority of the traffic is coming from outside of the neighborhood due to
Central Middle School being located on Vicksburg Lane.
Mayor Slavik closed the public hearing.
Councilmember Prom asked about the cost of the yellow flashing lights. City Engineer
Renneberg replied they cost approximately $8,000-$8,500 per crosswalk.
Motion was made by Councilmember Wosje, and seconded by Councilmember Johnson, to
adopt a Resolution Ordering Improvement for the Vicksburg Lane South Mill and Overlay
Project (15006 - Res2015-225) with the addition of flashing_yellow beacons and a Resolution
Adopting Assessments for Vicksburg Lane South Mill and Overlay Project (15006 — Res2015-
226). With all members voting in favor, the motion carried.
Motion was made by Councilmember Slavik, and seconded by Councilmember Willis, to adopt a
Resolution Awarding the Contract for the Vicksburg Lane South Mill and Overlay Project
15006 — Res2015-227). With all members voting in favor, the motion carried.
7.05) Vacation of Easement in Section 35, Township 11, Range 22
Public Works Director Cote reported on the proposed easement vacation.
Mayor Slavik opened the public hearing.
Geoff Shipsides, 18130 Eighth Avenue North, asked what the City is getting back in value by
giving up an easement.
Mayor Slavik closed the public hearing.
Public Works Director Cote responded to Mr. Shipsides' question.
Motion was made by Councilmember Wosje, and seconded by Councilmember Prom, to adoptta
Resolution Authorizing the Vacation of an Easement for Storm Drainage Purposes within the
Southeast 1/ of the Northeast 1/4, Section 35-118-22 (Res2015-228). With all members voting in
favor, the motion carried.
7.06) Vacation of Easements in Lot 3, Block 1, Playhouse Industrial Park
Public Works Director Cote reported on the proposed easement vacation.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Adopted Minutes Page 5 of 9 Regular Meeting of July 28, 2015
Motion was made by Councilmember Johnson, and seconded by Councilmember Willis, to adopt
a Resolution Authorizing the Vacation of an Easements in Lot 3, Block 1, Playhouse Industrial
Park (Res2015-229). With all members voting in favor, the motion carried.
7.07) Vacation of Easement at Serenity on Plymouth Creek
Public Works Director Cote reported on the proposed easement vacation.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Johnson, and seconded by Councilmember Willis, to adopt
a Resolution Authorizing the Vacation of all Drainage and Utility Easements within Lots 1
through 4, Block 1, Serenity on Plymouth Creek (Res2015-230). With all members voting in
favor, the motion carried.
General Business
8.01) PUD General Plan and Preliminary and Final Plat for a Retail Building with drive
through in the Crossroads Commons PUD (Oppidan — 2015005) (Tabled from June 23)
Community Development Director Juetten reported this item was tabled from the June 23rd
Council meeting because of concern of what was going to be developed to the west of this site.
In the new proposal, there would be shared parking with the applicant. If Council approves this
request, staff recommends the following conditions: 1) Require the property line be shifted 15
feet to the west; 2) Require curb and gutter be constructed along the property line; 3) Explanation
on how garbage trucks would access the trash dumpsters; and 4) Require matching materials
between sites to have consistency throughout the development.
Peter Coyle, on behalf of the applicant, stated the developer of the adjacent parcel will be
submitting an application. His client, Oppidan, has fulfilled the requirements requested by the
Council and hopes this application can proceed. He stated they don't support staff's
recommendation to shift the property line to the west as it's expensive, time consuming, and not
necessary.
Dan Parks, also on behalf of the applicant, spoke of the garbage truck turn radius and assured the
Council there would be ample room for this activity. He added they would like to keep the
property line where it is.
Community Development Director Juetten stated the concern is that there has not been an
application submitted yet for the adjacent lot. By requesting the property line be shifted, it
allows the current application to proceed with the least amount of concern for potential future
development with the adjacent lot.
Adopted Minutes Page 6 of 9 Regular Meeting of July 28, 2015
Motion was made by Councilmember Beard, and seconded by Councilmember Johnson, to adopt
an Ordinance Amending Chapter 21 of the City Code for a PUD Amendment for Land located
South of Highway 55, between West Medicine Lake Drive and County Road 73 (2015005 —
Ord2015-28), Resolution Approving Findings of Fact for Amending Zoning Ordinance Section
21655 (2015005 — Res2015-292), and a Resolution Approving a PUD General Plan and
Preliminary and Final Plat for Oppidan, Inc. for a Retail Building to be located South of
Hi way 55, between West Medicine Lake Drive and County Road 73 with staffs
recommended conditions noted above with the exception of moving the property line 15 feet to
the west (2015005 — 2015-231). With all members voting in favor, the motion carried.
8.02) Site Plan Amendment and Conditional Use Permit Amendment for Building
Additions to Plymouth Creek Christian Church (Firm Ground Architects and Engineers —
2015041)
Community Development Director Juetten reported the applicant is requesting to construct two
additions and associated site improvements. The Planning Commission recommended approval
with the condition requiring screening in the form of not more than 30 coniferous trees along Old
Rockford Road to address concerns raised by residents about added headlights and noise with the
proposed additions.
Rev. Shane Isner, representing the applicant, stated they intend to meet with the neighbors as
they're unsure about the outlay for the 30 coniferous trees.
Motion was made by Councilmember Prom, and seconded by Councilmember Wosje to adopt a
Resolution Approving a Site Plan Amendment and Conditional Use Permit Amendment for
Plymouth Creek Christian Church for Property Located at 16000 41 st Avenue North (2015041 -
Res2015-232) as recommended by the Planning Commission.
Motion was made by Councilmember Johnson, and seconded by Councilmember Willis, to
amend the main motion to remove item 4E of the Resolution, which was the requirement for the
30 coniferous trees along Old Rockford Road. With all members voting in favor, the motion
carried.
The Council encouraged the applicant to work with the neighbors regarding screening along Old
Rockford Road.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
8.03) Zoning Ordinance Text Amendment Prohibiting Cannabis -Related Uses (City of
Plymouth — 2015056)
Community Development Director Juetten reported on this item. He stated the City hasn't
received an application or request to distribute or manufacture cannabis. Since the State law
designated two sites outside of Plymouth for cannabis -related use, there is no need for Plymouth
Adopted Minutes Page 7 of 9 Regular Meeting of July 28, 2015
to pursue discussions on where to allow the use of cannabis. Staff recommends waiting to see
what happens with other cities or if the State law changes.
Carol Rydberg, 3225 Wellington Lane, commented she hopes the Council will take no action
tonight until there is more information available.
Geoff Shipsides, 18130 Eighth Avenue North, commented there should be an ordinance with
guidelines on where to allow cannabis to be sold and manufactured.
Motion was made by Councilmember Beard, and seconded by Councilmember Willis to allow
the interim prohibition ordinance to expire on October 14th and to schedule a study session to
discuss land use as it relates to manufacturing and distribution. With Wosje, Prom, Johnson, and
Slavik voting no, and Beard, Willis and Carroll voting yes, the motion failed.
Motion was made by Councilmember Johnson, seconded by Councilmember Wosje to adopt an
Ordinance Adding Section 2100.15 of the City Code Prohibiting Cannabis -Related Uses and
Amending Section 21005 to Add Cannabis -Related Definitions (2015056) and a Resolution
ApprovingFindingsindings of Fact for a Zoning Ordinance Text Amendment to Section 2100.15 to
Prohibit Cannabis -Related Uses and 21005 to Add Definitions Related to Cannabis Uses
2015056 — Res2015-233). In addition, the ordinance would have a one-year sunset of adoption
date, and the Council would begin the process to look at land use for this product prior to the
sunset date of the ordinance. With Wosje, Prom, Carroll, Johnson, and Slavik voting yes, and
Beard and Willis voting no, the motion carried.
8.04) PUD Amendment and Preliminary Plat for "The Villas at Bass Creek" located near
the Southwest Corner of County Road 10 and Nathan Lane (Alcon Associated, LLC —
2015033) (Previously item No. 6.17)
Councilmember Willis stated the developer should be required to meet the original seven -foot
setback and the additional variance for width isn't needed.
Rick Denman and Chuck Alcon addressed the Council. These are detached townhomes, and
they are committed to making an attractive streetscape. They worked with staff and received
unanimous approval from the Planning Commission.
A considerable amount of discussion was held regarding 14 foot separation between buildings
which would decrease the number of units.
Motion was made by Councilmember Willis, and seconded by Councilmember Slavik to adopt
an Ordinance Amending Chapter 21 of the City Code for a PUD Amendment to Section
21655.40 for The Village Bass Lake PUD (2015033 — Ord2015-22), Resolution Approving
Findings of Fact for Amending Zoning Ordinance Section 21655 (2015033 - Res2015-234) and
a Resolution Approving a PUD General Plan for "The Villas at Bass Creek" on Property located
near the Southwest Corner of County Road 10 and Nathan Lane with the added condition of
6(10) to state, "Revise the plat as necessary to accommodate a 14 -foot separation between
Adopted Minutes Page 8 of 9 Regular Meeting of July 28, 2015
buildings" (2015033 — Res2015-235). With Prom, Willis, Carroll, and Slavik voting yes, and
Wosje, Beard and Johnson voting no, the motion carried.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations.
Recessed Regular Meeting
Mayor Slavik recessed the regular meeting at 10:10 p.m.
Conduct Closed Session
The Council conducted a closed session in the Parkers Lake Conference Room. Present were
Mayor Slavik, Councilmembers Johnson, Prom, Willis, Carroll, Wosje, and Beard, City Manager
Callister, Administrative Services Director Fischer, Public Works Director Cote, City Engineer
Renneberg, City Attorney Knutson, and City Clerk Engdahl. Mayor Slavik called the meeting to
order at 10:14 p.m. The Council discussed the purchase of PID No. 08-118-22-11-0017 for
Vicksburg Lane reconstruction and expansion (16001). Mayor Slavik adjourned the closed
session at 10:28 p.m.
Opened Regular Meeting
Mayor Slavik opened the Regular Meeting in the Council Chambers at 10:30 p.m.
12.01) Purchase Agreement for PID No. 08-118-22-11-0017 for Vicksburg Lane
Reconstruction and Expansion (16001)
Motion was made by Councilmember Wosje, and seconded by Councilmember Johnson, to
adopt a Resolution Approving the Purchase of Real Property and Dispensing with Statutory
Requirements for Review by Planning Commission of Acquisition of Property (16001 -
Res2015-236). With all the members voting in favor, the motion carried.
Adiournment
Mayor Slavik adjourned the regular meeting at 10:31 p.m.
andra R. Engdahl, ay Clerk
Adopted Minutes Page 9 of 9 Regular Meeting of July 28, 2015