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HomeMy WebLinkAboutCity Council Minutes 11-28-2017Adopted Minutes Regular City Council Meeting November 28, 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 November 28, 2017. COUNCIL PRESENT: Mayor Slavik, Councilmembers Prom, Johnson, Davis, Willis, Wosje, and Carroll. Council Absent: None. Staff Present: City Manager Callister, Community Development Director Juetten, Park and Recreation Director Evans, Public Works Director Thompson, Public Safety Director Goldstein, Fire Chief Coppa, Recreation Manager Hemp, Senior Planner Drill, City Attorney Knutson, and City Clerk Engdahl. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements (4.01) Recognition of Platinum Sponsorships to TCF Bank and Abbott Northwestern -West Health for Park and Recreation Programs The Council recognized and thanked TCF Bank and Abbott Northwestern -West Health for their Platinum Sponsorships toward the City's Park and Recreation programs. Recreation Manager Hemp announced Old Fashioned Christmas on December 9 at Plymouth Creek Park. Approval of Agenda Motion was made by Councilmember Johnson and seconded by Councilmember Carroll, to approve thea eg nda. With all members voting in favor, the motion carried. Adopted Minutes Page 1 of 15 Regular Meeting of November 28, 2017 Consent Agenda Item Nos. 6.07 and 6.08 were removed from the Consent Agenda and placed under General Business as item Nos. 8.03 and 8.02 respectively. Councilmember Prom briefly highlighted item No. 6.06. Motion was made by Councilmember Prom, and seconded by Councilmember Carroll, to adopt the amended Consent Agenda that included the followingitems: ems: (6.01) Special and Regular City Council Meeting minutes of November 14, 2017. (6.02) Resolution Approving Disbursements ending November 11, 2017 (Res2017-344). (6.03) Resolution Approving Temporary Liquor License Application of Providence Academy (Res2017-345). (6.04) Resolution Accepting Donations from the Plymouth Rotary and Plymouth Lions (Res2017-346). (6.05) Ordinance Amending Chapter VIII of the Plymouth City Code Concerning Permit Requirements for Working in the Public Right -of -Way (Ord2017-23) and a Resolution Approving Summary Publication of Ordinance No. 2017-23 (Res2017-347). (6.06) Resolution Approving Agreement for the Railway Safety Improvement Project at the Pineview and Larch Crossings (ST180002 - Res2017-348). (6.07) (This item was removed the Consent Agenda and placed under General Business as item No. 8.03). (6.08) (This item was removed the Consent Agenda and placed under General Business as item No. 8.02). (6.09) Resolution Approving a Conditional Use Permit for Pro Connect Academy, LLC for Property located at 2650 East Center Circle (2017093 - Res2017-349). (6.10) Ordinance Amending Chapters VIII, X, and XXI of the Plymouth City Code Concerning Small Wireless Facilities and Wireless Support Structures in the Public Right -of -Way (Ord2017- 24), Resolution Approving Findings of Fact for a Zoning Ordinance Text Amendment to Sections 21005, 21177, 21180, 21350, 21352, 21355, 21360, 21365, 21370, and 21160 of the Zoning Ordinance and Sections 803 and 1015.27 of City Code to Add and Amend small wireless facilities and wireless support facilities in the public right-of-way (2017094 - Res2017-350), Resolution Approving a Standard Small Wireless Facility Collocation Agreement (2017094 — Res2017-351), and a Resolution Approving Summary Publication of Ordinance No. 2017-24 (Res2017-352). Adopted Minutes Page 2 of 15 Regular Meeting of November 28, 2017 With all members voting in favor, the motion carried. Public Hearings (7.01) Public Hearing on Ordinance Amending Chapter XI of the City Code Concerning Tobacco and Related Products City Clerk Engdahl reported the Council held study sessions on September 26 and October 24 concerning increasing the age to purchase tobacco products from 18 to 21. The Council directed the City Attorney to prepare an ordinance to amend the City Code to reflect this increase in the age requirement to purchase tobacco products, and if adopted, will be effective January 1, 2018. She noted all correspondence on this item is included in the meeting packet. Mayor Slavik opened the public hearing. Deb McMillan, Vice President of Public Policy with the TwinWest Chamber of Commerce, commented she is speaking on behalf of local businesses and they are committed to keeping tobacco out of the hands of youth. She noted the vast majority of youth gain access to tobacco from social sources, not local businesses, and this ordinance will not achieve the intended goal. Sales will be shifted to border communities and leave Plymouth businesses challenged to sustain their operations. The legal age to purchase tobacco has been debated by the State Legislature, and in order to avoid regulatory patchwork within a regional marketplace, the decision should remain at the State level. Marge Beard, 10910 34th Avenue North, highlighted the current process the City goes through to make changes to the State law and noted the City has not sought to make changes to this law at the State level. She stated there will be a bill at the State legislature in 2018 regarding this item and requested the Council follow the process. A hodge podge of municipal regulations are burdensome to businesses and confusing to consumers. Harshini Sunil, 5035 Jewel Lane, commented she attends Wayzata High School and supports this ordinance. It would prevent older students from buying tobacco products for younger students. She recently completed a project on economic changes and reported local businesses did recover from previous changes to age requirements related to alcohol. Ahmad Mutan, 16605 County Road 24, representing Plymouth Tobacco, commented if the required age to purchase is changed to 21, they will lose a lot of customers to other cities. Unless it is changed at the State level, people would still be allowed to use tobacco at age 18, but not purchase it until they are 21. Sara Shiff, 10720 39th Avenue North, volunteer for American Cancer Society, commented if people do not begin using tobacco products by the age of 21, they are less likely to ever use them. She requested the Council support this ordinance, and stated it will positively impact her school community. Adopted Minutes Page 3 of 15 Regular Meeting of November 28, 2017 Lisa Mattson, 12920 32nd Avenue North, physician and parent, stated she strongly supports the ordinance, passing it will make a significant impact on the future health of Plymouth youth, and she would like to see Plymouth lead the same way Edina, Bloomington, and St. Louis Park have. She referred to a letter she sent to Councilmembers regarding the impact of tobacco and nicotine on HPV related cancers and reported high schoolers are vaping at more than double the rate of conventional cigarettes. Vaping products pose the greatest risk of nicotine addiction, there is not enough evidence for a medical professional to recommend them, and they need to protect adolescent youth from them. Joel Spoonheim, 11710 28th Avenue North, a Health Partners employee, requested the Council support this ordinance. He stated 15 to 19 percent of their employees are addicted to nicotine. Employees who smoke are less productive, have more complicated health conditions, miss work for longer periods of time, and smoking and nicotine addictions raise the cost of health care coverage. The small handful of employers with a small subset of their sales potentially impacted by selling an addictive drug should be offset by the consideration that about 20 percent of all employees can be prevented from becoming addicted over the coming years. Under the Affordable Care Act, they are required to provide cessation devices, which is a cost to them. The prevention of health impacts on kids directly affects the health impacts on local employers. Nick Roehl, 415 Quantico Lane North, spoke against the proposed ordinance, and stated it will be highly ineffective in reaching the goal of reducing the use of nicotine producing products. It is a slap in the face to young adults who can vote, join the military, and be charged as an adult. Being an adult means knowing right from wrong, taking responsibility for oneself, and determining one's destiny. In the United States, the age of which someone becomes an adult has never been decided by municipalities. Youth nicotine rates are at a historic all time low and some evidence shows that raising the age of purchase actually increases youth smoking rates. Historically, prohibition has done little to reduce anything that has been prohibited. Few, if any, nicotine users have stopped using because they had to travel a few extra miles to obtain nicotine products. He pointed out Wayzata High School encompasses students from many surrounding cities that have not raised the legal purchase age and raising the age of purchase from 18 to 21 has not been proven to reduce smoking rates. He also argued it is not the government's job to save businesses money. Passing this ordinance will cause enforcement and compliance costs for the City, retailers will lose nicotine and other related sales, and young adults will have one more right taken from them. Ginny Klevorn, 4755 Kingsview Lane, noted she attended both study sessions on this topic and highlighted the following items the Council seems to agree on: 1) They want a strong economy for Plymouth; 2) It would be better for the legislature to pass on statewide basis, but it is unlikely due to a dysfunctional legislature and an election year; and, 3) Preventing teens from smoking is a good public health policy. She commented it is not a choice between supporting businesses or their children. A strong vibrant business has healthy workers and healthy customers, and this drives a sustainable economy. The small market of 18, 19, and 20 year olds is not what is growing a sustainable economy for Plymouth. The Council bears the responsibility for a license to sell tobacco at a certain age. She requested they adopt this ordinance and demonstrate their commitment to a healthy community. Adopted Minutes Page 4 of 15 Regular Meeting of November 28, 2017 Paul Wardell, 16395 County Road 47, commented adopting this ordinance will not hurt businesses in Plymouth. People in general are opposed to smoking and will tolerate shopping in Plymouth if the age requirement is changed. Sagit Nachmias, 4255 Balsam Lane North, student at Hopkins High School, spoke in support of this ordinance. She commented many of her classmates purchase tobacco from older students. Smoking and vaping are common and take a toll on students long before health issues show up. Tracy Lubke, 605 Pineview Lane, owner of BP Gas and Convenience Store, noted they do not condone selling cigarettes to minors and have a very high compliance rate. Tobacco sales account for 49 and 60 percent of the inside sales at two of her Plymouth stores. If the purchase age is raise to 21, they will lose a lot of inside, gas, and ancillary sales, and she does not have the corporate backing that other gas stations have. She requested the Council vote against the proposed ordinance. Emily Borman-Shoap, 720 Niagara Lane North, pediatrician, spoke in support of this ordinance. She noted a developing brain is not fully mature until the age of 25 and raising the purchase age to 21 helps to make a healthy choice easier. There is a difference in how people make decisions regarding health and long-term health consequences between the ages of 18 and 21. She noted there are five states, 270 large cities, and local municipalities where the legal age of tobacco purchase is 21. Plymouth should be a leader on this issue because the State looks to larger municipalities when making decisions on these issues. Amy Hemstad, 3650 Black Oaks Lane North, nurse, spoke in support of this ordinance. She commented it is a public health issue and any step to prevent young people from obtaining addictive tobacco products is a step in the right direction. Evidence to support raising the tobacco sales age to 21 concludes it would prevent or delay initiation of tobacco use and the age group most impacted would be 15 to 17 year old children. Caitlin DeVos, 13225 34th Avenue North, Wayzata High School graduate, spoke in support of this ordinance. One-third of cancer deaths are caused by tobacco, and this can be reduced through smart tobacco policies. There is evidence that shows raising the sales age is working. One year after Chicago raised the tobacco sales age to 21, youth tobacco rates dropped from 15 percent to 10 percent. Also, a business in Edina who was recently interviewed stated they have not been impacted by this recent policy change. Kathy Ferrin, 894 DeSoto Street, spoke against the proposed ordinance. She expressed concern with losing her job with Super America because consumers will not go to local businesses to buy gas if they cannot purchase tobacco products. Cap O'Rourke, 5816 10th Avenue, representative for retailers and manufacturers of vapor products, commented vapor products are owned by 70 percent of small business owners in the United States. They have seen significant growth over the last five years, they are aware of the dangers of tobacco, and distrust large tobacco companies. Many vapor product business owners got into the business because it is a product that helped them quit tobacco products. This ordinance includes vapor products along with tobacco products, and he questions the evidence Adopted Minutes Page 5 of 15 Regular Meeting of November 28, 2017 referenced regarding vapor products and its negative impact on health. Limiting consumers ability to get vapor products is going the wrong way. Since vapor products came on the market in 2011, youth smoking has dropped at a faster rate and most students who try vapor products are not trying products with nicotine. Fifteen percent of kids under the age of 18 have tried vapor products, but only two percent are regularly using them. The majority of people using vapor products have used tobacco products, they are most likely using them to discontinue use of tobacco, and a vast majority are using them with zero percent nicotine. He requested the Council consider removing the inclusion of vapor products with this ordinance. Mayor Slavik closed the public hearing. Motion was made by Councilmember Carroll, and seconded by Councilmember Willis, to adopt an Ordinance Amending Chapter XI of the PlMouth City Code concerning tobacco and related products (Ord2017-25) and a Resolution Approving Summary Publication of Ordinance No. 2017-25 (Res2017-353). The Council agreed this is an important topic. Some members commented Plymouth needs to take the lead, this is a public health issue, and action needs to be taken to deter young people from use. While tobacco retailers may take a hit, the positive health outcomes outweigh the negative impacts of the proposed ordinance. Other members of the Council commented this is a partisan issue and expressed disappointment that the Council is considering this issue. The vaping argument contains credibility, surrounding communities are not considering this issue, it will not achieve the intended objective, and this issue should be considered at the State level. Motion was made by Councilmember Johnson, and seconded by Mayor Slavik to amend the main motion to add this topic to the legislative priorities for the next session. Some members of the Council expressed concern that the amendment may be used to move along the ordinance. During the work sessions on this issue, the Council agreed they preferred this be addressed at the State level, but that the City should demonstrate some leadership on it. Other members of the Council noted this should be further discussed in January when they consider their legislative priorities for the next session. They support adding it to their legislative priorities, but not attaching it to approval of the ordinance. After further discussion, Councilmember Johnson withdrew her amendment. In response to a question from the Council, Public Safety Director Goldstein stated compliance costs will not be impacted negatively. Councilmember Johnson stated she recognizes the economic advantages and disadvantages, she still has questions regarding vaping. This should be on the legislative agenda because it is a State issue. She supports the ordinance, but with an enactment date of July 1, 2018. Adopted Minutes Page 6 of 15 Regular Meeting of November 28, 2017 After discussion, some members of the Council agreed it is not enough to prevent the sale, they also must ban the use, and this can only be addressed at the State level. A bill was introduced during the last session and there are State leaders who are willing to take this on. Motion was made by Councilmember Johnson and seconded by Councilmember Willis to amend the main motion for an effective date of July 1 2018 and to add this item to the Council's legislative, agenda list for 2018. With Davis, Willis, Carroll, and Johnson voting yes, and Wosje, Prom, and Slavik voting no, the motion carried. The Council voted on the amended main motion. With Davis, Willis, Carroll, and Johnson voting yes, and Wosje, Prom, and Slavik voting no, the motion carried. The Council recessed at 8:43 p.m. and reconvened at 8:50 p.m. General Business (8.01) Reguiding, Rezoning, Preliminary Plat and Site Plan for Cranberry Ridge Apartments for Property located at 18140,18220 and 18240 State Highway 55 (Beacon Interfaith Housing Collaborative — 2017075) Senior Planner Drill reported this request is for a 47 -unit, three story apartment building. The applicant is requesting to reguide from CO (commercial office) to LA -4 (living area 4), rezone from B -C (business campus) and FRD (future restricted development) to RMF -4 (multiple family 4), along with preliminary plat and site plan approval. The Planning Commission conducted a public hearing on October 18, 2017, and subsequently voted unanimously to recommend denial of this proposal. He reported since the Planning Commission meeting, the applicant submitted a revised street plan that shows a public street extending through the site to provide future access to three parcels to the east. Under both the previous and revised plan, stormwater runoff would be stored in an underground storage vault and then pumped up to an elevation where it could flow through a pipe into the Highway 55 ditch. Staff has expressed concerns that if a pump were to fail or a pipe were to be blocked, stormwater would be backed up into the east parking lot and possibly the underground parking for the building. With the revised plan, some of the stormwater runoff would be drainage from the public street. There would need to be some type of a permanent agreement between the City and the developer to address liability, maintenance, and long-term repair and replacement of the private system. The applicant has verbally agreed they would be 100 percent responsible for the drainage system. In response to questions from the Council, Community Development Director Juetten, City Attorney Knutson, and Public Safety Director Goldstein provided the following information: • The agreement has not yet been drafted, but the assumption is the applicant will take full responsibility that the drainage system will operate. This includes fixing a problem to be corrected, damage, or fixing the pipes. Adopted Minutes Page 7 of 15 Regular Meeting of November 28, 2017 • The City can write an indemnification provision that will be "crystal clear" that the applicant will be fully responsible. However, the agreement would only be good if the applicant is financially sound. If not, the City could potentially be liable. Also, the water coming off the public street is going into the private drainage system and this provides a small risk to the City, but the indemnification agreement should cover it. • It is standard practice to include a clause in the development agreements stating construction traffic must be on site or at an agreed upon off site location that does not affect the neighbors. • There have not been any significant safety issues in this area of Old Rockford Road. • Parking will be allowed on one side of the proposed street. • They do not know what is happening to the parcels to the east and it is unlikely they will be developed separately. The cul-de-sac will remain with a driveway to the site so the road itself would not have to go to the east. • The traffic on the driveway coming off of the public road will be small compared to other public roads. It will not accommodate parking and will serve only as a drop off area. • The area is currently zoned commercial office due to the uses developed along Old Rockford Road. The properties to the east are zoned commercial office and commercial. • The children's play area is proposed in the same location, but bollards were added between the fencing and Highway 55. The bollards are 75 to 90 feet from the paved surface of Highway 55. Park and Recreation Director Evans commented she doesn't recall if an easement for a trail on the south side of Old Rockford Road was included with this plan, but it is typically required on major roadways. Public Works Director Thompson explained the drainage splits on the site. Some of it would go into an infiltration basin and vault system. It would then be pumped into the Highway 55 ditch with an emergency overflow that would go into a pipe and flow north of the cul-de-sac. The applicant needs to create a one and a half foot of separation between the over flow and the low floor of the garage. A generator system for the vault and an emergency gravity overflow system will be required as backups to the proposed drainage system. There is still some work to be done, but the drainage concern has been minimized. Eric Grannes, 18110 Highway 55, owner and operator of Score Sports, commented the rezoning will directly affect his property and parcels to the east, and once it is put in place, it will be hard to undo. The agreement to rezone would technically provide no screening to the property east of it. The trees must stay where they are and there would be more direct light penetration into the private residence. The revised drainage plan for the site has water being pumped into the closest possible area to Mr. Burns' house and the height of the basement is at about where the top of the water will be. The outflow from the water would pump directly onto Highway 55 and further erode the ditch holding water. The private roadway has damage from traffic from the development to the east and it continues to damage his property. Also, his roadway would not be visible from any access point with the new proposed roadway and there would be no signage. He does not feel safe on his property, and as proposed, there would be an increase amount of traffic going through his property. He further expressed concern with security and noted his parking lot is no longer a private lot and frequently has cars in it. The drainage has been changed Adopted Minutes Page 8 of 15 Regular Meeting of November 28, 2017 for developments in the past, and he has had issues with his septic systems needing to be frequently pumped out. The proposed plan places a four-story apartment building in the same location where a house was located. He understands the need for low income housing, but the proposed plan offers serious concerns regarding light, sound, security, septic system issues, and drainage. There is also a maintenance agreement on the road with the County that would need to be addressed. By changing the property to residential, the setbacks for Mr. Burns' property would have to come into compliance and make his land unsellable. John Harriss, from BKV Group, architects for the project, commented the primary concern of the Planning Commission had to do with access to the property to the east. This has been addressed with the addition of a public road. He reported there will be a sidewalk coming in off of 45th Avenue to access the site and there will be a drop off area in front of the entrance. The width of the road will be 28 feet to allow for parking on one side. There will be a parking lot on the west side of the parcel, a turn around on the east side, underground parking, and a play area on the south side. He clarified it is a 47 -unit, three-story building. He believes the play area is now impenetrable with the ditch, added bollards, and a welded iron fence. Beacon has stated they will take 100 percent of the liability and responsibility regarding the private/public drainage agreement and they feel confident the measures in place will adequately address all the drainage issues. The project design contains high quality materials with a generous front porch and landscaping buffer. The site is located near schools, parks, and bus line, and the units are generously designed with durable, high-quality materials. LaDonna Hoy, 146 Ridgeview Drive, stated she hopes there is an opportunity for the Council to hear from the community of schools and interfaith communities who are concerned about making this opportunity for families to have a place to live. Lee Blons, Executive Director of Beacon Interfaith Housing Collaborative, commented only 12 percent of homes are affordable for families that make less than $43,000 a year. In the last four years, 20 acres, which would amount to about 300 homes, was guided away from LA -4 to other uses such as commercial or low-density housing. They have worked hard to create a proposal that requires no variances, and meets the requirements for LA -4 and zoning. They have also revised their plan to meeting requested changes. She requested the Council vote in favor of the reguiding of land use to LA -4 to support the rezoning of the site and site plan approval so the City and developer can work out the technical issues regarding drainage. John Ross, 1980 Kennedy Lane, Senior Minister of Wayzata Community Church, commented there is limited land in the wider community for this needed project, and when they partner together, they can do more. Robin Caufman, 18140 45th Avenue North, spoke in support of this project and commented she has a clear sightline of the proposed apartment building. She provided a history of how the area has developed around her home and noted even though the area is guided as commercial, it seems to want to be a more residential area. Jeremy Bullock, 4715 Urbandale Lane North, spoke against the proposed project. He is not in favor of approving the land use reguiding whether the apartment complex is affordable or luxury. Adopted Minutes Page 9 of 15 Regular Meeting of November 28, 2017 It is a bad place for an apartment building and he expressed concern with balls coming out of the play area onto Highway 55. Wayne Peterson, 18150 34th Avenue, Pastor of St. Barnabas Lutheran Church, commented he has worked with the Council and staff on different projects and they work diligently to apply the City's codes and regulations for land use in a fair manner. He has also learned that the City Code can prevent staff and commissions from what they personally think is the right thing to do. However, regarding land use, the Council has the authority to rezone, find creative solutions and determine what is fair and best for a community. The proposed project is simply housing for working families and he requested the Council's approval. Tina Johnson, 5300 Annapolis Lane North, encouraged the Council to continue to work with applicant for a creative solution regarding the land use issues. Todd Loncorich, 4575 Ranier Court North, noted he is in favor of affordable housing for Plymouth, but is not in favor of rezoning this property because of the increased traffic it will generate on Old Rockford Road. It would be irresponsible for the Council to approve this until they know the impacts of the senior residential units currently being constructed. Rev. Beth Horsch, 12800 54th Avenue North, spoke in support of the project. She stated this is the right site and the right time to make this project happen. Syda Tarannum, 3300 Plymouth Boulevard, commented this location is prime and will support the needs of the residents. Kjell Ferris, Pastor of Peace Lutheran Church, 3695 County Road 101, spoke in favor of this project and the LA -4 land use designation. It's near jobs, recreation, schools, and parks, and moves the City forward as part of the Comprehensive Plan. Rev. Joel Bergeland, Mount Olivet Lutheran Church, 12235 Old Rockford Road, commented how the City uses its land shows its values. The developer has been responsive to the needs of the community, the faith community supports it, and the need for affordable housing is not going away. It is a great plan and there is not another site in the City that is uniquely poised to house 47 families this close to jobs and amenities. Pastor Mark Keeler, Plymouth Creek Church, 16000 41 st Avenue North, spoke in favor of this project. He noted issues discussed regarding noise, lights, existing roads, and traffic are issues that would come up with anyone developing that site. Pastor Amber Ingalsbe, from St. Barnabas Lutheran Church, agreed with what fellow supporters and ministers have stated. She noted other locations zoned LA -4 do not meet the requirements for this type of building, but this site does and is a place where families can thrive. It has been zoned commercial for 15 years and has yet to be developed. Jeff Greene, 4890 Saratoga Lane, commented he attended the Planning Commission meeting. When they voted, they indicated they were in favor of the type of construction being proposed, Adopted Minutes Page 10 of 15 Regular Meeting of November 28, 2017 but were tied due to the land use designation. The Council is not under the same restriction and he encouraged them to support this project. Roxanne Smith, 10118 Fernwood Lane North, former Metropolitan Council member, noted this is the right time and the right location, and she supports this project. Nancy Anderson, 3835 Xenium Court North, highlighted the partners involved with the project. She stated this is a great project, there will be an Interfaith Outreach office in the proposed building, and it will remain affordable housing. It helps the City's Comprehensive Plan goals and will increase its affordable housing goals well into the future. Chris Pierson, 2830 Kimberly Lane North, commented they have looked at all the potential properties and there are none others available. He stated he is a lawyer, he does not think the stormwater management arrangement adds any significant risk to the City, and he encouraged the Council to support this project. Joel Spoonheim, 11710 28th Avenue North, spoke in favor of this project. He commented the plan provided has been substantially amended, but the staff report has not. One of the findings is that high-density, non -senior housing is not appropriate. However, the Zoning Code is vague and unsubstantiated on this issue. As a whole, housing and children's uses are highly appropriate in this area along Highway 55. The developer has agreed to put in costly bollards to protect the children, which is well beyond anything the City has required of any other child oriented use in this corridor. The site works from a housing, children, and safety perspective. Another issue with the site plan was concern about access for adjacent property owners. Most shopping areas in Plymouth have shared driveways with other uses and in surrounding communities, housing and commercial uses share driveways. With the developer absorbing the cost, a separate roadway has been proposed to separate the uses. The developer should not be required to incur additional cost until they know the land use is going to be approved. If the City wants to meet its affordable housing goals, it needs to approve developments like this one. It meets the goals of the Comprehensive Plan and the needs of the community, and this decision should not be made based only on the currently zoning and guidance for the area. Motion was made by Councilmember Willis, and seconded by Councilmember Wosje, to adopt a Resolution Approving a Comprehensive Plan Amendment to reguided roughly 2.4 acres from CO to LA -4 for Cranberry Ridge (2017075). Some members of the Council suggested they vote on this as a package and not as separate motions to allow further discussion on issues that have been brought up. Another member of the Council stated this site has issues, children should not be playing here, and there is affordable housing in Plymouth. After further discussion, Councilmember Willis withdrew his motion. Adopted Minutes Page 11 of 15 Regular Meeting of November 28, 2017 John Harris, BVK Group, reported major changes have been made to the plan and they will continue to work with staff on issues regarding screening and noise. If a fence or additional screening is required, they will include it. Nick Mantel with Louks, Civil Engineer with the project, reported they have looked at the drainage issues closely. The proposed underground storage system is designed differently than other systems that have caused problems in the past. It will be designed with the sand layer at the top, followed by iron -infused filings. It will then drain into an underdrain tile and into a storage chamber. The chamber will be sized appropriately, and the pump will then direct water into the MN/DOT right-of-way. Water will not be put into the right of way at a greater rate than it currently is in each direction. They are reducing the amount of water that is running off to the north and to the east rather than increasing it. In response to questions from the Council, Mr. Mantel provided the following information: • A 100 -year rain storm is about seven and a quarter inches of water over a 24-hour period and they designed this system for both a ten and 100 -year rain storm event. There will be a backup generator for the pumps and if that fails, there will be a pipe for emergency overflow. If the pipe becomes clogged, the system will be designed to store seven inches of water on the site. • The grading on the east side of the property does provide some screening. The proposed garage is 10 feet down from the adjacent house and a six foot high retaining wall will be on the east side. The Council stated there are several natural wetlands in the area and this may contribute to the water issues brought up by Mr. Grannes. Also, the proposed public road will service the three parcels that may be developed in the future because they cannot access Highway 55. There also needs to be additional screening for the existing home and the overhead lights must meet the light ordinance standards. Public Works Director Thompson commented the sanitary sewer for the three parcels would come from the northeast and water would come from the water main in the MN/DOT ditch area. Community Development Director Juetten suggested additional screening be added as a condition. This application will need to come back for final plat approval and some of these details can be looked at again. Lee Blons, Executive Director of Beacon Interfaith Housing Collaborative, assured the Council they are committed to providing the appropriate screening and understood it to be discussed with staff as part of the next stage of development. They will be seeking low income tax credits and will form a limited partnership that will be the actual owner of this property. The insurance requirements would be carried by the limited partnership and be able to pay out if there were damages. Motion by was made by Councilmember Wosje and seconded by Councilmember Carroll, to adopt an Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Code to Classify Adopted Minutes Page 12 of 15 Regular Meeting of November 28, 2017 Certain Land located at 18140, 18220, and 18240 State Highway 55 (2017075 — Ord2017-26), Resolution Approving_a Comprehensive Plan Amendment to reguided roughly 2.4 acres from CO to LA -4 for Cranberr Ry idge (2017075 — Res2017-354), Resolution Approving Summary Publication of Ordinance No. 2017-26 (2017075 — Res2017-355), Resolution Approving Findings of Fact for the Rezoning of Land located at 18140, 18220, and 18240 State Highway 55 (2017075 — Res2017-356) Resolution Approving a Preliminary Plat and Site Plan for an Apartment Building on Property located at 18140 18220 and 18240 State Highway 55 (2017075 — Res2017-357) with the conditions that adequate screening be provided between adjacent property owners and the applicant provides indemnification to the City and 100 percent liability for the drainages sy tem. With all members voting in favor but Prom and Slavik, the motion carried. (8.01A) Vacation of Service Road within Osier Addition Motion was made by Councilmember Johnson and seconded by Councilmember Willis, to adopt a Resolution Approving the Vacation of Service Road within Osier Addition (Res2017-358). With all members voting in favor, the motion carried. (8.02) Receive Engineering Proposals and Designate the Consulting Engineer for the Troy Lane Reconstruction (Previously item No. 6.08) Councilmember Wosje requested clarification on why staff is recommending the higher bidder for this project. Public Works Director Thompson replied staff ranked the proposals on five different areas with equal weight. Bolton and Menk included additional hours in their proposal and addressed a value add component of the RFP regarding enhanced communications and project graphics. Staff is recommending Kimley-Horn on the Schmidt Lake Road project so they do not load up one consultant with all of the City's projects. Motion by Councilmember Wosje and seconded by Councilmember Prom, to adopt a Resolution Receiving Engineering eering Proposals and Designating the Consulting Engineer for the Troy Lane Reconstruction (ST180002 - Res2017-359). With all members voting in favor, the motion carried. (8.03) Receive Engineering Proposals and Designate the Consulting Engineer for the Schmidt Lake Road at I-494 Expansion (Previously item No. 6.07) Councilmember Prom noted when I-394 was constructed, MN/DOT constructed the bridge abutments with room for the trail on the other side. MN/DOT filled the area with dirt, put cement in there, and the City is now responsible for $1,000,000 to undo what MN/DOT did. He inquired if they would be able to get funds back from MN/DOT to pay for this project. City Manager Callister replied it is a Three Rivers project and the cost is incurred by them. It's still public money, but is not directly from the City. Motion was made by Councilmember Prom and seconded by Councilmember Johnson, to adopt a Resolution Receiving Engineering eering Proposals and Designating the Consulting Engineer for the Adopted Minutes Page 13 of 15 Regular Meeting of November 28, 2017 Schmidt Lake Road at I-494 Expansion (ST180003 - Res2017-360). With all members voting in favor, the motion carried. (8.01A) Reconsider Vacation of Service Road within Osier Addition Motion by Councilmember Johnson and seconded by Councilmember Wosje, to reconsider the motion adopting the Resolution Vacating the Service Road within Osier Addition. With all members voting in favor but Willis, the motion carried. Eric Grannes, 18110 Highway 55, owner and operator of Score Sports, explained the vacation of the cross easement is an existing easement across his property and he also has rights across the other property. It was how the Osier Addition was platted and currently stands. There is also a maintenance agreement for the road and how it is accessed, and it has been used to compel him to maintain the road and his parking lot. He also noted he understands there is water on the back side of the property. The City has raised the pipe going across the road to increase the water carried in that area and placed water 10 feet from his building with a previous development. By doing this, the water load against the building has been increased and affects his pumping ability. He inquired who pays for the connection when it happens and stated does not believe the site should be vacated because that was how the site was proposed to be accessed. City Attorney Knutson clarified this is a request to vacate a public easement and the City is not addressing private rights between two parties. The Council clarified the easement relates to the Cranberry Ridge site, and Mr. Grannes' easement is still intact. He has access on Highway 55 until he develops and MN/DOT says he can no longer have access. At that time, the public road coming from the Cranberry Ridge property will service his property. If MN/DOT closes the access, they will have to compensate Mr. Grannes for his property because they cannot deprive him of his access. If he decides to build on the vacant lot or sell the property, his access will change from Highway 55 to the public road coming from Cranberry Ridge. The Council suggested Mr. Grannes meet with staff to further address his concerns. The Council voted on the motion on the table to adopt a Resolution Approving the Vacation of Service Road within Osier Addition (Res2017-358). With all members voting in favor but Johnson, the motion carried. Reports and Staff Recommendations There were no reports and staff recommendations. Adopted Minutes Page 14 of 15 Regular Meeting of November 28, 2017 Adjournment Mayor Slavik adjourned the meeting at 11:21 zp. k&A4& andra R. Engdahl, C4 Clerk Adopted Minutes Page 15 of 15 Regular Meeting of November 28, 2017