HomeMy WebLinkAboutCity Council Minutes 01-24-2017Adopted Minutes
Regular City Council Meeting
January 24, 2017
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 24, 2017.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Carroll, Davis, Prom, Johnson, Willis,
and Wosje.
ABSENT: None.
Staff Present: City Manager Callister, Administrative Services Director Fischer, Community
Development Director Juetten, Public Works Director Cote, Fire Chief Coppa, Recreation
Supervisor Fram, Public Safety Director Goldstein, Park and Recreation Director Evans,
Economic Development Manager Parr, City Attorney Knutson, and City Clerk Engdahl.
Plymouth Forum
Diane Brower -Johnson, 10825 39th Avenue North, voiced her support with the redevelopment of
the Four Seasons Mall site (Agora project), but is frustrated with the lack of communication on
this project. Mayor Slavik encouraged her to utilize the "eNotify" application on the City's
website to automatically receive updates on Council and Planning Commission's
agendas/minutes/packets.
Presentations and Public Information Announcements
(4.01) Announcement Fire and Ice Festival
Recreation Supervisor Fram announced the annual Fire and Ice Festival on February 4 at Parkers
Lake Park.
(4.02) Acceptance of Donation from Wayzata Youth Hockey Association
Greg Gibson, President of Wayzata Youth Hockey Association, presented a check in the amount
of $12,957 for miscellaneous improvements at the Plymouth Ice Center.
Motion was made by Councilmember Johnson, and seconded by Councilmember Willis, to adopt
a Resolution Accepting Donation from the Wayzata Youth Hockey Association for Miscellaneous
Improvements at the Plymouth Ice Center (Res2017-024). With all members voting in favor, the
motion carried.
Adopted Minutes Page 1 of 9 Regular Meeting of January 24, 2017
Approval of Agenda
Councilmember Johnson requested to add the continuation of tonight's EDA meeting under 7.01.
Motion was made by Councilmember Wosje, and seconded by Councilmember Carroll, to
approve the amended a eg nda. With all members voting in favor, the motion carried.
Consent Agenda
At the request Brian Asmus, operating manager at Cowboy Jack's, item No. 6.03 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 Prom, to adopt
the amended Consent Agenda that included the followingitems:
ems:
(6.01) Special and Regular Council Minutes of January 10, 2017.
(6.02) Resolution Approving Disbursements ending January 14, 2017 (Res2017-025).
(6.03) (This item was removed the Consent Agenda and placed under General Business as item
No. 8.04).
(6.04) Resolution Approving Temporary Liquor License Application for the Plymouth Lions
Club (Res2017-026).
(6.05) Resolution Approving Temporary Liquor License Application for the Rotary Club of
Plymouth Foundation (Res2017-027).
(6.06) Resolution Accepting Donation of 40 Stuffed Animals for Public Safety Outreach
Programs (Res2017-028).
(6.07) Resolution Approving Termination and Release of Rain Garden Maintenance Agreement
for Four Seasons Mall (8629989 — Res2017-029).
(6.08) Resolution Approving the Fieldhouse Replacement Project (PRK40094 - Res2017-030).
(6.09) Resolution Receiving Engineering Proposals and Designating the Consulting Engineer
for the Plymouth Creek Stream Restoration Project (16007 — Res2017-031).
(6.10) Resolution Authorizing Payment for 2017 Membership Dues for Bassett Creek
Watershed Management Commission, Elm Creek Watershed Management Commission, and
Shingle Creek Watershed Management Commission (Res2017-032).
Adopted Minutes Page 2 of 9 Regular Meeting of January 24, 2017
(6.11) Resolution Approving Request for Payment No. 3 and Final Creekside Trunk Water
Main and Raw Water Main Replacement between Wells 4 and 6 (14024 and 14033 — Res2017-
033).
(6.12) Resolution Approving Request for Payment No. 2 and Final for 2017 Pedestrian Ramp
and Concrete Replacement Project (17001 — Res2017-034).
(6.13) Resolution Receiving Engineering Proposals and Designating the Consulting Engineer
for CSAH 24 Reconstruction and Expansion and Mill and Overlay (Hennepin County Project
No. 9617 and City Project No. 5122 - Res2017-035).
(6.14) Resolution Awarding the Contract to Replace the Boilers at the Zachary Water Treatment
Plant (16023 — Res2017-036).
(6.15) Resolution Approving Purchase of Signal Equipment for the Phase 3 Flashing Yellow
Arrow Signal Project (15008 — Res2017-037).
(6.16) Resolution Approving Request for Payment No. 2 and Final for Everest and Parkdale
Drainage Improvements (11042 and 15005 — Res2017-038).
(6.17) Resolution Accepting the Violent Crime Enforcement Teams Grant Agreement on behalf
of the Northwest Metro Drug Task Force (Res2017-039).
(6.18) Resolution Approving a Site Plan Amendment and Conditional Use Permit Amendment
for Property located at 13700 Schmidt Lake Road (2016097 — Res2017-040).
(6.19) Resolution Awarding Bid for Ice System Improvement Projects at the Plymouth Ice
Center to Commercial Refrigeration Systems, Inc. (Res2017-041).
(6.20) Resolution Accepting Donation from the Wayzata Youth Hockey Association for the Ice
System Improvement Project at the Plymouth Ice Center (Res2017-042).
(6.21) Ordinance Amending Sections 1015 and 1016 of the Plymouth City Code Regarding
Special Event Permits and Park Facility Fees (Ord2017-03), Resolution Approving Summary
Publication of Ordinance No. 2017-03 (Res2017-043), and a Resolution Approving Amendments
to the City Policies Regarding Rentals and Park Facility Fees (Res2017-044).
(6.22) Resolution Approving the Plans and Specifications and Ordering Advertisement for Bids
for the 2017 Sanitary Sewer Lining Project (17004 — Res2017-045).
(6.23) Resolution Approving Application to Conduct Off -Site Gambling from Wayzata Youth
Hockey Association (Res2017-046).
(6.24) Resolution Designating the Engineer for the 2040 Comprehensive Plan update —
Transportation Plan Chapter (2016038 — Res20170-047).
Adopted Minutes Page 3 of 9 Regular Meeting of January 24, 2017
With all members voting in favor, the motion carried.
Greg Gibson, President of Wayzata Youth Hockey Association, presented a donation in the
amount of $150,000 to the Council (item No. 6.20).
Public Hearines
(7.01) Vacation of Street Easements on Lancaster Lane Southwest of County Road No. 9
and Highway No. 169 (Agora)
Public Works Director Cote reported on the vacation.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Wosje, and seconded by Councilmember Willis, to adopt a
Resolution Approving the Vacation of Street Easements on Lancaster Lane Southwest of County
Road No. 9 and Highway No. 169 (Res2016-048). With all members voting in favor, the motion
carried.
(7.02) Modification of the Development Program for Development District No. 7,
Establishment of the Tax Increment Financing District No. 7-9 Therein, Adoption of the
Tax Increment Financing Plan and Adoption of the Business Subsidy Policy (Agora)
Economic Development Director Parr introduced Stacy Kvilvang, with Ehlers and Associates,
City's bond counsel, who presented this item.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Prom, and seconded by Councilmember Johnson, to adopt
a Resolution Adopting a Modification to the Development Program for Development District
No. 7; and Establishing Tax Increment Financing District No. 7-9 Therein, and Adopting a Tax
Increment Financing Plan Therefor (Res2017-049) and the Business Subsidy Policy for this
ro'ect.
Mayor Slavik recessed the regular Council meeting and reconvened the EDA meeting continued
from earlier this evening.
Motion was made by Councilmember Prom, and seconded by Councilmember Johnson, to adopt
a Resolution Adopting a Modification to the Development Program for Development District
No. 7, and Establishing Tax Increment Financing District No. 7-9 Therein, and Adopting, a Tax
Adopted Minutes Page 4 of 9 Regular Meeting of January 24, 2017
Increment Financing Plan Therefor (EDA Res2017-01) and the Business Subsidy Policy for this
ro'ect. With all members voting in favor, the motion carried.
Mayor Slavik adjourned the EDA meeting and reconvened the regular Council meeting.
The Council voted on the motion. With all members voting in favor, the motion carried.
General Business
(8.01) Development Agreement with Rock Hill Management for Redevelopment of the
Four Seasons mall site (Agora)
Economic Development Manager Parr noted a few minor modifications to the development
agreement. The actual total is $5,200,000, but it doesn't change the qualified total of
$4,500,000. She provided the following information in response to questions from the Council:
• The operation and maintenance of the stormwater feature on the site will be handled in a
separate agreement that the developer will have with the Bassett Creek Watershed.
• Staff will bring back the operation and maintenance agreement for Council review.
• Broader categories were created for the development agreement that still qualify for TIF,
but allows greater flexibilities for the developer and the issues they may have with the
soil conditions.
Motion was made by Councilmember Johnson, and seconded by Councilmember Prom, to adopt
a Resolution Approving Development Agreement Res2017-050). With all members voting in
favor, the motion carried.
(8.02) Subcommittee Recommendations for Dunkirk/Vicksburg Traffic Concerns
Public Works Director Cote presented the subcommittee recommendations for the Dunkirk Lane
and Vicksburg Lane traffic concerns. In the north segment, the recommendations include an all
way stop sign and reflective posts at Dunkirk and 59th Avenue, stop ahead signs, relocation of
the radar speed sign and choker bump out, and additional discussion regarding crosswalks. In
the middle segment, the recommendations include crosswalks with advance signage on 54th and
55th Avenues and no parking signs in front of the pool house. In the south segment, staff will
work with the homeowners association and the postmaster to relocate mailboxes. He noted that
additional traffic studies have not been done since the completion of Vicksburg Lane as they are
difficult to do in the winter.
Ben Cowan, 5840 Dunkirk Lane, commented speed continues to be an issue, even after road
modifications have been made. There have been accidents and ticketing is excessive in this area.
Due to the park, club house, pool, paths and other amenities in the area, it qualifies for an all way
stop. The goal of the petition that was signed by 84% of the neighborhood is to reduce speeds,
raise awareness of the neighborhood, allow people to cross the street to access key parts of the
neighborhood areas, and allow people to enter and exit driveways and access Dunkirk Lane
Adopted Minutes Page 5 of 9 Regular Meeting of January 24, 2017
safely. Their request includes an all way stop, signs notifying of the all way stop, and
crosswalks.
Chris Carlson, 16655 59th Avenue North, stated trying to cross the street to get to the park is
treacherous and turning left off 59th Avenue is a blind turn.
Brian Seremet, 16660 59th Avenue North, commented there are 28 more homes being built west
of the intersection, and the traffic is only going to get worse through this area as it is the only
way out.
Adrian Chiu, 15995 55th Avenue North, voiced his concern with the middle segment of the site.
He has reached out to 118 neighbors and received overwhelming support that something needs to
be done. The request includes crosswalks at 54th and 55th Avenues, pedestrian warning signs,
and no parking signs at the crosswalks.
Amanda Frake, 5920 Zanzibar Lane North, commented this area impacts everyone going in and
out of the neighborhood, and a stop sign will keep people from accelerating through the
neighborhood.
Beth Bjerke, 16180 59th Avenue North, commented the homeowners association has received a
lot of complaints about traffic issues and fully supports the proposed actions. There are no
warning signs of the trails or neighborhood, and it needs to be addressed.
Kristi Thompson, 16415 54th Avenue North, inquired about speed humps and making the speed
limit through the neighborhood slower.
Megan Speas, 5840 Dunkirk Lane North, commented she supports the all way stop.
Steve Roell, 5895 Dunkirk Lane North, commented there have always been issues with this area
and he supports the all way stop.
Mayor Slavik advised the City doesn't have the authority to raise or lower speed limits. The City
has lobbied the legislature to have that changed. Speed studies can be done as requested, but the
results are not always what was intended and speed limits could be raised, not lowered.
Public Safety Director Goldstein commented if people obey the stop sign, it will serve a good
purpose. If not, there could be problems. Since 2014, there have been 18 crashes in the area,
which is not out of the norm, and no pedestrians have been involved. Of these 18 crashes, four
have occurred between 57th and 59th Avenues.
Motion was made by Councilmember Johnson, and seconded by Councilmember Carroll, to
support the recommendations as outlined below in the staff report except for the south end
(Timber Creek), and direct staff to evaluate their effectiveness so feedback can be provided to
the neighborhood. In addition, staff is to provide a staff report and resolution for approval of
these measures at the February 14, 2017 Council meeting:
Adopted Minutes Page 6 of 9 Regular Meeting of January 24, 2017
North End
• Crosswalk and all way stop with larger stop signs, reflective posts and all way
plaques at 59th Avenue and Dunkirk Lane.
• Stop ahead signs on Dunkirk Lane prior to the all way stop at 59th Avenue and
Dunkirk Lane.
• Relocate radar speed sign and choker bump out from south to north.
Middle Segment — Spring Meadows
• Crosswalks at 54th and 55th Avenues with advanced signage.
• No parking signs along by the pool (staff will work with HOA).
The Council thanked the residents for their input and working with the City.
Some councilmembers expressed concern with the all way stop in creating more safety problems
for motorists than eliminating problems for the pedestrian traffic. In addition, setting a precedent
by allowing an all way stop on a minor arterial road. It was noted that this area is an exception
because it's functioning as a neighborhood street due to the intersection to access the
neighborhood amenities and the two bus stops.
Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to amend
the main motion to delete the all way stop on the northern section at 59th Avenue and Dunkirk
Lane and stop ahead signs.
Motion was made by Councilmember Prom, and seconded by Councilmember Willis, to call the
question on the amendment. With all members voting in favor but Johnson and Wosje, the
motion carried.
The Council voted on the amendment. With Davis, Carroll, Johnson, and Wosje voting no, and
Prom, Willis, and Slavik voting yes, the motion failed.
Motion was made by Councilmember Johnson, and seconded by Councilmember Carroll, to call
the question on the main motion. With all members voting in favor, the motion carried.
The Council voted on the main motion. With Davis, Carroll, Johnson, Wosje, and Slavik voting
yes, and Prom and Willis voting no, the motion carried.
(8.03) Lodging Tax
City Manager Callister requested to call set February 14, 2017 as date of public hearing on a
proposed lodging tax. He stated 95% of the proceeds would be used for tourism or promotion of
the City and which could be defined further.
Motion was made by Councilmember Carroll, and seconded by Councilmember Prom, to set
February 14, 2017 as the date of public hearing on this item. With all the members voting in
favor, the motion carried.
Adopted Minutes Page 7 of 9 Regular Meeting of January 24, 2017
(8.04) Renewal of Liquor Licenses for 2017 (previously item No. 6.03)
Brian Asmus, operating manager of Cowboy Jack's, expressed concern about restrictions on
renewal of their liquor license. He discussed the 2016 police reports related to their business and
pointed out some discrepancies. He stated there is a lot of gray area with Place of Last Drink
(POLD) violations and argued they have less violations than it appears.
The Council thanked Mr. Asmus for correcting the record but pointed out the number of calls to
Cowboy Jack's is still significantly higher than other establishments.
Public Safety Director Goldstein commented the record of violations is a comprehensive list and
there is no test to prove one way or another. There are criteria that need to be met to have POLD
violations counted against an establishment, as outlined in the proposed resolution. If the
restrictions are violated, it will come back before the Council. At that point, he would
recommend following the presumptive penalty grid that is used for alcohol compliance
violations.
Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to adopt a
Resolution Approving Renewal of 3.2 Malt On -Sale and Off -Sale Liquor, Off -Sale Intoxicating
Liquor, On -Sale and Sunday IntoxicatingLiquor, and Wine Licenses for 2017 (Res2017-051)
and a Resolution Approving Renewal of On -Sale and Sunday Liquor Licenses for The After
Midnight Group III, Inc., D/B/A Cowboy Jack's, 4120 Berkshire Lane North (Res20017-052).
Motion was made by Councilmember Prom, and seconded by Mayor Slavik, to call the question.
With Davis, Prom, Willis, Carroll, and Slavik voting yes, and Johnson and Wosje voting no, the
motion carried.
The Council voted on the main motion. With all members voting in favor but Johnson, the
motion carried.
Reports and Staff Recommendations
(9.01) Set Future Study Sessions
The Council moved the study session on February 28 at 5:30 p.m. to April 11 at 5:30 p.m. The
agenda is presentation of the Plymouth Creek Center feasibility study.
Adopted Minutes Page 8 of 9 Regular Meeting of January 24, 2017
Adiournment
Mayor Slavik adjourned the meeting at 10:18 p.m.
andra R. Engdahl, Wy Cl rk
Adopted Minutes Page 9 of 9 Regular Meeting of January 24, 2017