Loading...
HomeMy WebLinkAboutCity Council Minutes 05-23-2017Adopted Minutes Regular City Council Meeting May 23, 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 May 23, 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, Interim Public Works Director Renneberg, Fire Chief Coppa, Public Safety Director Goldstein, Park and Recreation Director Evans, City Attorney Knutson, Design Supervisor Payne, Administrative Intern Henderson, and Office Support Representative Gottschalk. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements (4.01) Oaths of Office to Police Officers Kasey Beran, Brady Hector, Paul Nystrom, and Brianna Bannon Office Support Representative Gottschalk administered the oath of office to Police Officers Beran, Hector, Nystrom, and Bannon. (4.02) Recognition of Plymouth Explorers Public Safety Director Goldstein introduced the Plymouth Explorers and highlighted their recent accomplishments. (4.03) Update from County Attorney Mike Freeman County Attorney Mike Freeman reported on Plymouth's low crime rate, recognized Public Safety Director Goldstein as a great leader, and spoke on the opioid drug problem and other crime in the County. He thanked the Council for their work and support of law enforcement. (4.04) Management Intern Update Adopted Minutes Page 1 of 9 Regular Meeting of May 23, 2017 Administrative Intern Henderson provided an update on her work as an intern in the Administrative Services Department and thanked the Council and staff for their support of the program. Mayor Slavik recognized Councilmember Wosje who completed a marathon this past weekend. Approval of Astenda At the request of the applicant, item No. 8.01 under General Business was removed from the agenda. Motion was made by Councilmember Prom, and seconded by Councilmember Wosje, to approve the amended a eg nda. With all members voting in favor, the motion carried. Consent Aeenda At the request of Councilmember Willis, item No. 6.06 was removed from the Consent Agenda and placed under General Business as item No. 8.01. Motion was made by Councilmember Willis, and seconded by Councilmember Carroll, to adopt the amended Consent Agenda that included the followingitems: tems: (6.01) Regular City Council Meeting minutes of April 25, 2017 and Special and Regular City Council Meeting minutes of May 9, 2017. (6.02) Resolution Approving Disbursements ending May 13, 2017 (Res2017-183). (6.03) Resolution Rejecting All Bids for 2017 Miscellaneous Utility Maintenance and Restoration (Res2017-184). (6.04) Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 18040 Medina Road (2017021 - Ord2017-12), Resolution Approving Findings of Fact for the Rezoning of Land located at 18040 Medina Road (2017021— Res2017-185), Resolution Approving Summary Publication of Ordinance No. 2017-12 (Res2017-186), and Resolution Approving Site Plan and Conditional Use Permit for a Memory Care Home at 18040 Medina Road (2017021 — Res2017-187). (6.05) Resolution Approving 2017 Solid Waste Hauler License for Minnesota Dumpster Service LLC (Res2017-188). (6.06) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.01). Adopted Minutes Page 2 of 9 Regular Meeting of May 23, 2017 (6.07) Amendment to Land Use Plan Appendix C in the 2030 Comprehensive Plan (City of Plymouth - 2017034). (6.08) Ordinance Amending Chapter 21 of the City Code to Amend the Parkers Lake PUD for Property located at 2155 Niagara Lane North (2017039 - Ord2017-13), Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text related to the Northwest Pointe Business Centre for Property located at 2155 Niagara Lane (2017039 - Res2017-189), Resolution Approving Summary Publication of Ordinance No. 2017-13 (Res2017-190), and a Resolution Approving a PUD Amendment for Inspired Athletics LLC for Property located at 2155 Niagara Lane North (2017039 — Res2017-191). (6.09) Resolution Approving Request for Variances for an Accessory Structure at 4130 Juneau Lane (2017022 — Res2017-192). (6.10) Resolution Accepting Donation from the Plymouth Crime and Fire Prevention Fund for the Public Safety Department's Community Engagement Initiative (Res2017-193). Councilmember Willis registered a no vote for item No. 6.09. With all members voting in favor, the motion carried. Without objection, the Council suspended the rules to moved item No. 8.01 up on the agenda. (8.01) Amendment to the Site Plan and Conditional Use Permit for Meadow Ridge Elementary School, 17905 County Road 47 (Wold Architects and Engineers — 2017-025) (Previously item No. 6.06) Councilmember Willis inquired if there was an outdoor open space requirement with the addition of classrooms and students. Jon Deutsch, Wayzata Director of Facilities and Transportation, replied he isn't aware of any requirements, and there is no plan for expansion at this site. Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt a Resolution Approving Amendment to the Site Plan and Conditional Use Permit for Wold Architects and Engineers for Expansion at Meadow Ridge Elementary School, 17905 County Road 47 (2017025 — Res2017-199). With all members voting in favor, the motion carried. Public Hearings (7.01) Public Improvement and Special Assessment Hearing for the 2017 Public Works Mill and Overlay Project (ST179004.001) Design Supervisor Payne reported on the proposed project. Adopted Minutes Page 3 of 9 Regular Meeting of May 23, 2017 The Council noted that the special assessment project amount is higher than what was budgeted, partially due to the addition of Kingswood Farm. Therefore, the budgeting process should be more refined so that the assessment amount is closer to what is budgeted. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Wosje, and seconded by Councilmember Carroll, to adopt a Resolution Ordering Improvement for the 2017 Public Works Mill and Overly Project (179001.001— Res2017-194) and a Resolution Adopting Assessments for 2017 Public Works Mill and Overlay Project (179004.001— Res2017-195). With all members voting in favor, the motion carried. (7.02) Public Improvement and Special Assessment Hearing and Award Contract for the Schmidt Lake Road from Peony Lane to Fernbrook Lane Mill and Overlay Project (ST179002.002) Interim Public Works Director Renneberg reported on the proposed project. In response to questions from the Council, he provided the following information: • The distance between Yuma Lane and Vicksburg Lane is 1,000 feet. • The crosswalk at Yuma Lane was originally installed because of a park located on the southwest corner of Schmidt Lake Road. Upon removing it, they anticipate pedestrians utilizing the trails along Schmidt Lake Road will use the crosswalk at Vicksburg Lane. • If the roadway remains four lanes and vehicles are traveling next to each other, it can create a blind spot with crosswalks and causes a safety concern for pedestrians. • Based on speed studies, they could expect to see a one to four mile per hour speed limit reduction along Schmidt Lake Road and a reduction in crashes if it was converted to a three -lane roadway. • In similar areas around the metro where the roadway went from four lanes to three, there was a reduction in crashes. Other reports indicated they could expect to see a reduction in rear -end crashes and left turning movement crashes. • A traffic study was done about 10 years ago as part of the Comprehensive Plan on Schmidt Lake Road, and the conversion to a three -lane roadway was discussed. • It is recommended to have one lane going eastbound from the high school if a three -land roadway is desired. Some members of the Council expressed concern with removing the crosswalk at Yuma Lane and Schmidt Lake Road. Mayor Slavik opened the public hearing. Greg Anderson, 15307 60th Avenue North, commented he came across some correspondence dated October 19, 2001 where a three -lane roadway was discussed. He enjoyed his ride on the Adopted Minutes Page 4 of 9 Regular Meeting of May 23, 2017 Northwest Greenway trail and supports a three -lane roadway. He provided the following information in response to questions from the Council: He anticipates there will be more bikers on the Northwest Greenway trail and advised them to take it easy on the curvier parts of it. He feels much safer on a three -lane road, and the shoulder area gives bikers an area to ride. Mayor Slavik closed the public hearing. The Council discussed the differences between a three and four lane roadway. Some members of the Council indicated support for a four -lane roadway because of traffic from the high school, high density housing, the distance for pedestrians to cross remains the same, and future growth in the community. There was support to leave the crosswalk at Yuma Lane, with additional discussion around rectangular rapid flashing beacons (RRFB) and potential future crosswalks along Schmidt Lake Road. Support for a three -lane roadway was also indicated due to potential reduction in crashes and pedestrian safety concerns. In response to a question from the Council, Park and Recreation Director Evans advised in the future, they would like to get a crosswalk at Holly Lane, and it would be a railroad crossing. Motion was made by Councilmember Prom, and seconded by Mayor Slavik, to adopt a Resolution Ordering Improvement for the Schmidt Lake Road from Peony Lane to Fernbrook Mill and Overlay Project, Resolution Adopting Assessment for Schmidt Lake Road from Peony Lane to Fernbrook Lane Mill and Overlay Project, and a Resolution Awarding the Contract for the Schmidt Lake Road from Peony Lane to Fernbrook Lane Mill and OverlU Project as a Four - Lane Roadway with recommendations regarding crosswalks and pedestrian ramps but keep and stripe the existing marked crosswalk at Yuma Lane. Motion was made by Councilmember Johnson to amend the main motion to include a RRFB at Yuma Lane. Motion failed for lack of a second. Interim Public Works Director Renneberg clarified RRFBs, which cost about $8,000 each, are not part of this project as presented. Pedestrian ramps and RRFBs can be installed after the completion of the mill and overlay project. The Council discussed location of marked pedestrian crosswalks and pedestrian ramps along Schmidt Lake Road. Mayor Slavik commented she supports enhancements to crosswalks along Schmidt Lake Road, but decisions as to locations should carefully be considered. She suggested the Council approve the project as presented this evening and discuss crosswalk/pedestrian ramp enhancements at a future Council meeting. Motion was made by Councilmember Johnson, and seconded by Councilmember Willis, to amend the main motion to remove the pedestrian ramp on Holly Lane, remove the pedestrian Adopted Minutes Page 5 of 9 Regular Meeting of May 23, 2017 ramp on Garland Lane per staff recommendation, retain the pedestrian ramp on Garland Lane per staff recommendation and have it striped, keep a marked crosswalk on Yuma Lane and consider an RRFB. The Council inquired how the installation of an RRFB fits into the context of the City's crosswalk policy and what staff needs to know tonight to move forward with the project. Interim Public Works Director Renneberg replied staff needs to know the location of pedestrian ramps, and if they are a one-way or two-way ramp. They do not need to know what will be striped or where the RRFBs would be located. Councilmember Johnson withdrew her motion. The Council voted on the main motion. With Slavik, Prom, Willis, Davis, and Wosje voting yes, and Carroll and Johnson voting no, the motion failed. Motion was made by Councilmember Carroll, and seconded by Councilmember Willis, for a reconsideration vote. With all members voting in favor but Johnson, the motion carried. The original main motion was back on the table. With Slavik, Prom, Willis, Davis and Wosje voting yes, and Carroll and Johnson voting no, the motion failed. Motion was made by Councilmember Prom, and seconded by Councilmember Willis, to adopt a Resolution Ordering Improvement for the Schmidt Lake Road from Peony Lane to Fernbrook Mill and Overlay Project Resolution Adopting Assessment for Schmidt Lake Road from Peony Lane to Fembrook Lane Mill and Overlay Project, and a Resolution Awarding the Contract for the Schmidt Lake Road from Peony Lane to Fembrook Lane Mill and Overlay Project as a Four - Lane Roadway, keep crosswalk striped at Yuma Lane, and come back at a later date to investigate whether crosswalks or RRFBs are necessary. With Slavik, Prom, Willis, Davis, and Wosje voting yes, and Carroll and Johnson voting no, the motion failed. Motion was made by Councilmember Johnson, and seconded by Councilmember Carroll, to adopt a Resolution Ordering Improvement for the Schmidt Lake Road from Peony Lane to Fernbrook Mill and Overlay Project, Resolution Adopting Assessment for Schmidt Lake Road from Peony Lane to Fernbrook Lane Mill and Overlay Project, and a Resolution Awarding the Contract for the Schmidt Lake Road from Peony Lane to Fernbrook Lane Mill and Overlay Project as a Four -Lane Roadway, that includes crosswalks proposed by staff, and stripe Yuma Lane and Garland Lane and come back at a later date to discuss RRFBs. Some Councilmembers stated they couldn't support the motion because they want to consider the entire Schmidt Lake Road corridor before they decide on what crosswalks to stripe in relation to the crosswalk policy. Other members expressed concern with pedestrian safety and lack of striped crosswalks where there are pedestrian ramps. City Manager Callister advised if the project is tabled until the next Council meeting, it would delay the contractor and start of the project, and there will only be five members of the Council Adopted Minutes Page 6 of 9 Regular Meeting of May 23, 2017 at that meeting. He suggested approving the resolutions as presented with further discussion on the whole corridor at a later date. Councilmember Johnson withdrew her motion. Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to adopt a Resolution Ordering Improvement for the Schmidt Lake Road from Peony Lane to Fernbrook Mill and Overlaeject 179002.001 — Res2017-196), Resolution Adopting Assessment for Schmidt Lake Road from Peony Lane to Fernbrook Lane Mill and Overlay Project (179002.001 — Res2017-197), and a Resolution Awarding the Contract for the Schmidt Lake Road from Peony Lane to Fernbrook Lane Mill and Overlay Project as a Four Lane Roadway (179002.002 — Res2017-198),with further discussion regarding crosswalks. With Slavik, Johnson, Prom, Willis, Wosje, and Davis voting yes, and Carroll voting no, the motion carried. (7.03) Liquor License Violation for The After Midnight Group, III, LLC, d/b/a Cowboy Jacks, 4120 Berkshire Lane North Public Safety Director Goldstein reported on the liquor license violation. He stated staff recommends imposing a $500 fine and a five-day stayed suspension. He provided the following information in response to questions from the Council: In the stipulations approved by the Council on January 24, 2017, if there are Place of Last Drink (POLD) notifications, they will be reviewed by staff to see if they fit some certain criteria and potentially not be counted against the establishment. Regarding what would trigger the five-day stayed suspension, if there were subsequent violations within a 90 -day window, there would be a hearing, and depending on the Council's direction, the stayed days would then be served. Mayor Slavik opened the public hearing. Public Safety Director Goldstein continued his report on the history of Cowboy Jack's POLD violations. Between January 2017 and April 2017, there have been nine POLD notifications, three of which are considered violations. David Davenport, Attorney for After Midnight Group, 225 South Sixth Street, Minneapolis, stated Plymouth City Code 1201.43 provides a process that hasn't occurred. If the City isn't following this provision in the City Code by not allowing for a hearing with the police chief first, as well as not following Minnesota Statutesl4.57 through 14.70, his client's due process rights are being violated. He also cited Minnesota Statutes 14.60, Subd. 2 and Subd. 3. Unless they see evidence and are able to cross examine witnesses, his client is not afforded his due process rights. He expressed concern with the POLD program because the data is not reliable and he urged the Council to look at POLD more closely as it relates to penalizing the liquor license holder. Adopted Minutes Page 7 of 9 Regular Meeting of May 23, 2017 City Attorney Knutson commented in the ordinance, the police chief has the right to request a hearing before the Council if he feels there are substantial reasons. Under this ordinance, it is appropriate for the police chief to go straight to the Council without following the process indicated by Mr. Davenport. Public Safety Director Goldstein commented in 2014 when the City first imposed this condition on Cowboys Jacks liquor license, the Council discussed whether or not they wanted to deviate from the traditional route of having an administrative hearing with his office first. In 2015, the Council decided to have all the hearings be conducted at the Council level versus the administrative hearing level with the police chief. The Council referred to the Section 1201.43 of the City Code and inquired if due to the extra conditions on the liquor license, the licensee falls under "failed to comply with any applicable statutes, regulation or ordinance relating to alcoholic beverages." City Attorney Knutson replied it was attached as a condition to the issuance of the liquor license, and that is why the violation presumptive penalty grid is applicable. The Council could amend the City Code to make it a condition for all liquor licenses. In response to Mr. Davenport, Public Safety Director Goldstein confirmed the following: • This is a first violation. • The recommended penalty is $500 fine and five-day stayed suspension. • He is not recommending deviation from presumptive penalty. • The violations include five different DWI cases with corresponding police reports. Case numbers include #17006728, #17007416, #17011276, #17012243, and #17014878. The first two are public record. The last three are not, but are available to law enforcement and the City's Attorney's office. • The defendant received a summation of the facts for the three cases that are not public, and was therefore informed of the situation. Mr. Davenport commented there are only two violation records available at this hearing, and under the conditions, there needs to be three incidences to be in violation of the license. He referred to Case No. 17006728, and inquired what indication in the police report stated the male consumed alcohol at Cowboy Jacks. Public Safety Director Goldstein read a portion of the police report and confirmed a custom attribute was made that involved Cowboy Jacks. The custom attribute is not part of the printed report because it was computer generated to Community Relations Officer Long by the reporting officer. He confirmed the report states the call was made to 911 from Cowboy Jacks, the females were waiting for a cab, it was possible the male never entered the establishment and was never served alcohol there. The male was picked up a couple of blocks from Cowboy Jacks and had an empty beer can in his car. Mr. Davenport referred to Case No. 17007416. He stated it would be possible the woman could have been drinking at both places, with one drink at Cowboy Jack's before she got pulled over, who would then get the POLD. Public Safety Director Goldstein replied there was confirming Adopted Minutes Page 8 of 9 Regular Meeting of May 23, 2017 evidence the woman involved was seen drinking at Cowboy Jack's, even though she stated she was elsewhere. The complainant at Cowboy Jack's stated the woman appeared to be intoxicated, and he observed her drinking at the bar. The Council interrupted the hearing and requested an administrative hearing be conducted by the Public Safety Director. Motion was made by Councilmember Johnson, and seconded by Mayor Slavik, to send this item back to the Public Safety Director for an administrative hearing. With all members voting in favor, the motion carried. The Council confirmed this is procedural, they are not condoning anything, and are concerned this is an ongoing issue. The Council suggested looking at the closing time of liquor establishments and support moving this forward as soon as possible. Mr. Davenport stated he has concerns with POLD incidents, specifically on how data is collected, how assimilated, conditions on licensees, and setup for behavior they might not be able to control. The Council has his client's attention, and they want to be a good member of the community. They welcome the opportunity to have dialogue with the Public Safety Director. Mayor Slavik closed the public hearing. City Attorney Knutson advised the next step is an administrative hearing with Public Safety Director Goldstein. The Council suggested if POLD incidents are tied to licenses, the City Code should be amended to include this language as a condition of the licenses. The Council also suggested adjusting the closing time of liquor establishments if there are public safety issues in direct relation to the 2:00 a.m. closing. Reports and Staff Recommendations There were no reports or staff recommendations. Adjournment Mayor Slavik adjourned the meeting at 9:44 p.m. 60t�- Xrny�9itschalk, Office Support Representative Adopted Minutes Page 9 of 9 Regular Meeting of May 23, 2017