HomeMy WebLinkAboutCity Council Minutes 11-24-2015Adopted Minutes
Regular City Council Meeting
November 24, 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 November 24, 2015.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Beard, Willis, Carroll, Prom,
and Wosje.
ABSENT: None.
STAFF PRESENT: City Manager Callister, Administrative Services Director Fischer,
Community Development Director Juetten, Public Works Director Cote, Park and Recreation
Director Evans, Public Safety Director Goldstein, Economic Development Manager Parr,
Planning Manager Thomson, Senior Planner Drill, City Attorney Knutson, and City Clerk
Engdahl.
Plymouth Forum
John Young, 5160 Quantico Lane, inquired about the noise generated from Providence
Academy's mechanical equipment. Mayor Slavik stated there is a noise study to be completed in
the next-few weeks as well as another noise study to be completed by Providence Academy.
Presentations and Public Information Announcements
4.01) "Old Fashioned Christmas" on December 5
Recreation Supervisor Koch announced this year's "Old Fashioned Christmas" on December 5th
from 2:00-5:00 p.m. at the Plymouth Historical Society building.
4.02) Oath of Office to Firefighters
City Clerk Engdahl administered the oath of office to Firefighters Jesse Bullis, Patrick Haspert,
Kevin Kurtzman, James Lankford, and Darrell Norman.
Public Safety Director Goldstein recognized Fire Chief Kline for his years of service to the City
and his upcoming retirement. Mayor Slavik acknowledged Fire Chief Kline for his exceptional
leadership and years of service.
Fire Chief Kline thanked the firefighters who have worked for the City and the Council for
supporting the Fire Department.
Adopted Minutes Page 1 of 6 Regular Meeting of November 24, 2015
Approval of Agenda
Motion was made by Councilmember Prom, and seconded by Councilmember Johnson, to
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Motion was made by Councilmember Prom, and seconded by Councilmember Willis, to adopt
the Consent Agenda that included the following items:
6.01) Regular Meeting Minutes of November 10, 2015.
6.02) Resolution Approving Disbursements ending November 14, 2015 (Res2015-319).
6.03) Resolution Accepting Utilities for Continual Maintenance for Juneau Ridge (2014037 -
Res2015-320).
6.04) Resolution Approving the Amended Natural Resources Incentives for Critical Habitat
Professional Services Agreement with Hennepin County Department of Environmental Service
for the 400 Project (Res2015-321).
6.05) Resolution Approving Work Orders No. 4 through 10 for Peony Lane North of Schmidt
Lake Road (10015 - Res2015-322).
6.06) Resolution Approving a Site Plan and Variances for Duke Realty Limited Partnership for
an Office/Wholesale Showroom Building for Property located in the Northwest Quadrant of
Highways 55 and 169 (2015081 –Res2015-323), and Resolution Approving a Preliminary Plat
and Final Plat for Duke Realty Limited Partnership for Property located in the Northwest
Quadrant of Highways 55 and 169 (2015081 –Res2015-324).
6.07) Resolution Approving the 2016-2017 Labor Agreement Between the City of Plymouth
and Law Enforcement Labor Service (LELS)—Sergeants (Res2015-325).
6.08) Resolution Approving the 2016-2017 Labor Agreement Between the City of Plymouth
and Law Enforcement Labor Service (LELS)—Police Officers (Res2015-326).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Vacation of Street Right-of-Way and Drainage Utility Easements within Outlot A,
Groves Office Park 2nd Addition (Waterford Innovation Center)
Adopted Minutes Page 2 of 6 Regular Meeting of November 24, 2015
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 Wosje, to adopt a
Resolution Authorizing the Vacation of Street Right-of-Way within Outlot A, Groves Office
Park Addition and the SE ' of the NE '/, Section 36-118-22 and all Drainage and Utility
Easements Within Outlot A, Groves Office Park 2nd Addition (Res2015-327). With all members
voting in favor, the motion carried.
General Business
8.01) Variance for the Height of the Press Box attached to the Top of the Bleachers at
Providence Academy (15100 Schmidt Lake Road- 2015076)
Senior Planner Drill reported on the variance request. The Planning Commission recommends
approval of the variance with three added conditions: 1) the press box shall be painted a color
that is harmonious with the surroundings and consistent with the architectural integrity of the
other structures on the site; 2) the safety railing shall be removed from the top of the press box
and no filming shall be allowed on top of the press box; and 3) the two public announcement
speakers near the west bleachers shall be relocated to the rear of the west bleachers so they no
longer aim toward the homes, but instead aim toward the football field.
Mike Halvorson, 15372 64th Avenue North, Maple Grove, stated this parents live at 5150
Quantico Lane North. He explained the value of his parents' home has declined since
Providence Academy has expanded and all they can see out the back of their home are bleachers
and a press box.
Keith Moeller, 5150 Quantico Lane, requested the Council to deny the variance. He provided a
letter from 11 homes in the neighborhood that requested this variance be denied. He also gave to
the Council an appraisal to show the value of his home has substantially decreased.
Dr. Todd Flanders, representing Providence Academy, requested approval of the variance
without the second condition recommended by the Planning Commission, requiring the safety
railings to be removed with no filming on top of the press box. He pointed out other influences
that may affect the decrease in value of homes around the school.
The question was raised if the press box could be on visitor's side of the field (east side) and
possible alternative areas for filming. Dr. Flanders replied the height of the visitor's bleachers is
too inadequate to support a press box of equal size. The top of the press box is the safest, secure
and readily accessible area for people filming activities.
Adopted Minutes Page 3 of 6 Regular Meeting of November 24, 2015
Community Development Director Juetten responded to the question why a variance is need if
the bleacher and press box were already approved in 2008. He stated with the relocation of the
bleachers, it currently exceeds the approved height and staff asked Providence Academy to
submit an application. In 2008, it was approved at 20.5 feet but currently it's over 30 feet with
the press box. He stated the press box will be used in the fall and spring. However, if the
variance is granted, Council can direct when the press box can be used.
The question was raised as to the height of press boxes at other schools, and if they are located
on the home team bleachers. Community Development Director Juetten replied at Wayzata and
Armstrong High Schools, they are located on the home team bleachers,but those bleachers are
located by the school building. Senior Planner Drill added the press box height at Wayzata is
35.7 feet and at Armstrong, 31.8 feet.
The Council asked Mr. Moeller if the press box was removed, how would the visual impact of
the dome affect the value of his home. Mr. Moeller replied the appraiser would have to
comment on that. The press box would have the biggest impact because it's there year round.
The dome is only up for six months and the bleachers blend in a little bit.
Jack Amdal, with Studio 55 Architects, stated the visitor bleachers meet the minimum standards
on weight and are not designed to hold additional structures. He would need to review whether a
free standing press box could be constructed.
The Council asked Dr. Flanders if the filming of athletic events could be done from the school
roof. Dr. Flanders replied he doesn't see this as an ideal alternative. He has a concern with
people hauling their camera equipment through the path needed to get to the top of the roof and
additional security on top of the roof would be required.
The Council mentioned the brickwork on the backside of the bleachers and the spruce trees that
were planted to aid in screening. Dr. Flanders added it will take time for the smaller trees that
were planted to mature.
Councilmember Beard suggested item No. 3(b) of the resolution regarding the safety railing on
top of the press box be removed.
Motion was made by Councilmember Carroll to table the resolution. This motion failed for lack
of a second.
Motion was made by Councilmember Prom, and seconded by Councilmember Beard, to adopt
Resolution Approving a Height Variance for a Press Box at Providence Academy, 15100
Schmidt Lake Road (2015076—Res2015-328) with removal of item 3(b) of the Resolution.
The majority of the Council encouraged Providence Academy to look at ways to mitigate the
Moeller's view, such as additional landscaping.
With Willis, Prom, Carroll, Beard, Wosje and Slavik voting yes, and Johnson voting no, the
motion carried.
Adopted Minutes Page 4 of 6 Regular Meeting of November 24, 2015
8.02) Ordinance Approving Text Amendment to Section 21145 of the Zoning Ordinance
Home Occupations—2015077) and Ordinance Amending Section 410 of the City Code
Rental License Ordinance) (Tabled from October 27, 201 5)
Community Development Director Juetten reported these items were tabled at the
October 27, 2015 Council meeting and the discussion included the following: 1)potential
different treatment of renters and home owners; 2) how the amendments would be enforced; 3)
potential for unintended consequences if the ordinances were approved; 4) whether or not it is
prudent or reasonable to adopt ordinance amendments based on one known incident; and 5) what
affect the amendments may have on property rights.
Regarding the rental ordinance, the statement, "no customers/clients shall be serviced by the
business at the property"was concerning to some of the Councilmembers. Community
Development Director Juetten stated this statement was included in the ordinance to prohibit
someone from renting a home for the sole purpose of a business because renting a home is
usually cheaper than renting a commercial space.
A considerable amount of discussion was also held regarding when deliveries could be made to
properties.
Motion was made by Councilmember Carroll, and seconded by Councilmember Willis, to adopt
an Ordinance Amending Section 21145.04 of the Plymouth City Code Clarifying what Types of
Vehicles may make Deliveries in Conjunction with A Home Occupation(2015077—Ord2015-
29), an Ordinance Amending Chapter IV of the Plymouth City Code Concerning Rental
Licensing(Ord2015-30), and a Resolution Approving Findings of Fact for a Zoning Ordinance
Text Amendment for Section 21145.04 to Clarity What Types of Vehicles may make Deliveries
in Conjunction with a Home Occupation(2015077—Res2015-329).
Motion was made by Councilmember Prom, and seconded by Councilmember Johnson, to
amend the main motion and remove"no customers/clients shall be serviced by the business at
the property"in the Rental License Ordinance. With Prom, Carroll, Beard, Wosje, and Johnson,
voting yes, and Willis and Slavik voting no, the motion carried.
The Council voted on the amended main motion. With Prom, Carroll, Wosje, Willis, Slavik and
Johnson voting yes, and Beard voting no, the motion carried.
Motion was made by Mayor Slavik, and seconded by Councilmember Prom, to adopt a
Resolution Approving Summary Publication of Ordinance No. 2015-29 Amending Section
21145.04 of the Plymouth Zoning Ordinance Regarding Home Occupations (Res2015-330) and a
Resolution Approving Summary Publication of Ordinance No. 2015-30 Amending Chapter 4 of
the City Code Concerning Rental Licensing(Res2015-331). With all members voting in favor,
the motion carried.
Adopted Minutes Page 5 of 6 Regular Meeting of November 24, 2015
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adjournment
Mayor Slavik adjourned the regular meeting at 9:50 p.m. The Council then conducted a
quarterly update with the City Manager in the Parkers Lake Room at 9:55 p.m. Mayor Slavik,
Councilmembers Johnson, Willis, Prom, Carroll, Beard and Wosje, City Manager Callister, and
Administrative Services Director Fischer were present. Mayor Slavik adjourned the meeting at
11:30 p.m.
imha,(
andra R. Engdahl, i ty Clerk
Adopted Minutes Page 6 of 6 Regular Meeting of November 24, 2015