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HomeMy WebLinkAboutCity Council Minutes 01-09-2018Adopted Minutes Regular City Council Meeting January 9, 2018 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 9, 2018. COUNCIL PRESENT: Mayor Slavik, Councilmembers Prom, Johnson, Davis, Willis, Wosje, and Carroll. Council Absent: None. Staff Present: City Manager Callister, Administrative Services Director Hokkanen, Economic Development Manager Landhauser, Community Development Director Juetten, Park and Recreation Director Evans, Public Works Director Thompson, Deputy Police Chief Plekkenpol, Fire Chief Coppa, Planning Manager Thomson, City Engineer Renneberg, Deputy Park and Recreation Director Northway, Senior Planner Drill, Senior Planner Sommers, 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) Acceptance of Donation from the Wayzata Youth Hockey Association for Training Center at Plymouth Ice Center Gregg Gibson, from the Wayzata Youth Hockey Association, presented a donation in the amount of $85,976 for the training center at Plymouth Ice Center. Mayor Slavik announced "Skate the Garden" at the Millennium Garden on January 11 from 6:00 to 8:00 P.M. Approval of Astenda Motion was made by Councilmember Johnson and seconded by Councilmember Wosje to approve thea eg nda. With all members voting in favor, the motion carried. Adopted Minutes Page 1 of 11 Regular Meeting of January 9, 2018 Consent Agenda Item 6.14 was removed from the Consent Agenda and placed under General Business as item No. 8.001. Motion was made by Councilmember Prom, and seconded by Councilmember Carroll, to adopt the amended Consent Agenda that included the followingitems: tems: (6.01) Special and Regular City Council Meeting minutes of December 12, 2017. (6.02) Resolution Approving Disbursements ending December 23, 2017 (Res2018-001). (6.03) Appointment of 2018 City Health Officer. (6.04) Appointment of 2018 City Council Secretary. (6.05) Resolution Appointing Official Depository for City Funds for 2018 (Res2018-002). (6.06) Resolution Designating the Plymouth Sun Sailor as the City of Plymouth's Official Newspaper for 2018 (Res2018-003). (6.07) Resolution Approving Renewal of Club, Off -Sale Intoxicating, and Combination Wine and 3.2 Malt Liquor Licenses for 2018 (Res2018-004). (6.08) Resolution Approving a Solid Waste License for Ark Disposal Inc. for the Period of January 1, 2018 through March 31, 2018 (Res2018-005). (6.09) Resolution Approving Purchase of Tandem Dump Truck with Snow/Ice Control Related Equipment (Res2018-006). (6.10) Resolution Accepting Utilities for Continual Maintenance for Brynwood 3rd Addition (2015095 — Res2018-007). (6.11) Resolution Approving the Agreement with the State of Minnesota for TH 494 Ramp Signals at Carlson Parkway (Res2018-008). (6.12) Resolution Approving Work Orders Nos. 1-6 and Reducing Retainage for CSAH 24 Reconstruction and Expansion and Mill and Overlay (Hennepin County Project No. 961701 and City Project No. 5122 - Res2018-009). (6.13) Resolution Awarding the Contract for the 2018 Pond Maintenance Project (WR189001 — Res2018-010). (6.14) This item was removed from the Consent Agenda and placed under General Business as item No. 8.001). Adopted Minutes Page 2 of 11 Regular Meeting of January 9, 2018 (6.15) Resolution Approving Request for Payment No. 1 and Final City Hall Parking Lot Mill and Overlay (NCIP 1701 — Res2018-011). (6.16) Resolution Awarding Bid for the East Medicine Lake Park Renovation Project (PRI 70001.171 — Res2018-012). (6.17) Resolution Approving Purchase Agreement with Dean and Kristin Schwappach for Property located at 5725 Juneau Lane North (Res2018-013). (6.18) Resolution Approving a One -Year Extension of Approvals for Karunakaran Durai for Property located at 18015 County Road 6 (2014077 — Res2018-014). (6.19) Resolution Approving a Site Plan Amendment and Variance for Northwest Islamic Community Center to allow Additional Parking and Related Site Improvements at 3300 Plymouth Boulevard (2017078 — Res2018-015). (6.20) Resolution Approving a Site Plan Amendment and Variance for Eagle Ridge Partners, Inc. to Allow Additional Parking and Related Site Improvements at 2800 Vicksburg Lane (2017088 — Res2018-016). (6.21) Resolution Approving Site Plan Amendment for Buhler Inc. for Property located at 13105 12th Avenue (2017098 — Res2018-017). (6.22) Resolution Approving Joint Powers Agreement with the City of Bloomington for the 2018 Super Bowl Related Activities (Res2018-018). (6.23) Resolution Approving Temporary Liquor License Application for the Rotary Club of Plymouth Foundation (Res2018-019). With all members voting in favor, the motion carried. Public Hearings (7.01) Public Hearing on Revocation of Wine and 3.2 Malt Liquor Licenses for Srisainavram Inc. d/b/a Bawarchi Indian Cuisine, 187 Cheshire Parkway, Suite 100 Deputy Police Chief Plekkenpol noted this is the fourth alcohol compliance violation for this business, and according to the City's presumptive civil penalty grid, revocation of the liquor licenses is suggested. Mayor Slavik opened the public hearing. Deputy Police Chief Plekkenpol provided a detailed overview of the alcohol compliance violations. Adopted Minutes Page 3 of 11 Regular Meeting of January 9, 2018 Kishore Dasararaju, licensee, acknowledged the violations and requested the Council not revoke the liquor licenses. He stated they have a training program and conduct frequent drills to educate employees. With one of the violations, the employee made an error in calculating the age of the individual being served. He noted there were other checks that happened where the employees did make the right judgement and not provide liquor. As a result of these violations, they have incorporated steps to help eliminate the human error that is happening, reinforced training, and will conduct additional drills. Mayor Slavik closed the public hearing. In response to questions from the Council, Deputy Police Chief Plekkenpol provided the following information: The Police Department typically conducts two compliance checks per year. He's unsure how many compliance checks were done at this establishment during this three-year period. However, one can assume there were six checks done and four were failed. The Police Department notifies license holders as to when there will be compliance checks. Motion was made by Myor Slavik, and seconded by Councilmember Willis, to adopt a Resolution Revoking the Wine and 3.2 Malt Liquor Licenses for Bawarchi Indian Cuisine, 187 Cheshire Parkway, Suite 100 (Res2018-020). In response to questions from the Council, City Attorney Knutson stated the ordinance doesn't specify how long before the business can reapply. Typically, it is a minimum of one or two years and the City generally exercises discretion during the first couple of years. A new owner unrelated to the current owner, could apply for a liquor license for the same establishment. The Council agreed that having a liquor license is a privilege and not a right. The underage indicator on the drivers' licenses is very clear in demonstrating an underage individual. The licensee has been given multiply opportunities to comply, but has failed to do so. Motion was made by Councilmember Johnson, and Councilmember Carroll to amend the motion to state in the resolution "that the licensee may not apply for a new license for 12 months and that if they apply for a new license after 12 months they must demonstrate a sufficient training program as part of the application." The Council voted on the amendment and with Prom, Willis, Carroll, and Johnson voting yes, and Davis and Wosje, and Slavik voting no, the motion carried. The Council voted on the amended main motion and with all members voting in favor, the motion carried. Adopted Minutes Page 4 of 11 Regular Meeting of January 9, 2018 General Business (8.001) Sign and Pavement Marking Installation near 52nd Avenue, Polaris Lane and Niagara Lane in Hampton Hills Jennifer Ramler, 14990 53rd Avenue North, thanked City staff for meeting with the residents on their request. She stated staff s recommended sign and pavement markers still do not fully address their concerns of safety for the children that wait for a school bus at this intersection. Currently, there are seven children waiting for the bus, and this will increase in the future. They have witnessed multiple near misses this year. Staff s recommendation only addresses motor vehicle operation and not the children who use this intersection. It's stated in the findings that the current speed limit of 35 mph doesn't meet the guidelines for the actual sight distance, and the recommendation is to drop the speed limit to 20 mph. She noted they have also witnessed three stop -arm violations in the past year with just one afternoon bus. She expressed additional concern with getting proper treatment on the hill in time for poor road conditions related to weather. The bus company also acknowledges it is a dangerous hill. The preferred solution would be to install an all -way stop and stop ahead signs. A secondary solution would be to install a stop sign on the corner of Niagara Lane and 52nd Avenue as well as a stop ahead sign, and after six months, evaluate if an additional stop sign is warranted. Nichole Schelitzche, 15085 54th Avenue North, commented the neighborhood is united on this issue. It is a dangerous intersection, and they believe a stop sign will help. Joshua Liesmaki, 14985 53rd Avenue North, commented they want to be proactive and believe a stop sign is vital at this intersection. Chris Hullett, 5240 Niagara Lane, commented he lives on the corner of the intersection and has witnessed that it is dangerous, especially in poor weather conditions. He also noted the speed of traffic. Motion was made by Councilmember Johnson, and seconded by Councilmember Carroll, to adopt a Resolution Approving_Sign and Pavement Marking Installation near the Intersection of 52nd Avenue, Niagara Lane and Polaris Lane in Hampton Hills with amended item No. 1 of the Resolution to state "installation of an All -Way stop at the intersection of 52nd Avenue Niagara Lane and Polaris Lane, two Chevron Alignment signs by the cell tower and pavement markings on Polaris Lane between Niagara Lane and the cell tower" (Res2018-021). The Council discussed if additional stop signs at Polaris Lane and 52nd Avenue would be helpful or give a false sense of security. It's difficult to weigh public safety and consistency throughout the City and stop signs are not necessarily a solution to address vehicle speeds. Public Works Director Thompson stated no previous vehicle violations and stop arm violations were identified or reported at this intersection. Regarding the score of 90 this intersection received, the threshold is 100 before the City takes action. The recommendation by staff is a phased approach that gives them the ability to review the measures taken. Adopted Minutes Page 5 of 11 Regular Meeting of January 9, 2018 City Engineer Renneberg explained the worksheet that is used to calculate the score. The total points an intersection can receive is well over 100. The guidelines show' that if the score is 100 or more, it may justify the installation of a stop control. If the score is 80 or 90, the guidelines show it doesn't justify a stop control at that time. However, if conditions warrant further review, it would be considered after a 12 -month period. Ms. Ramler noted in the original proposal from the City, an all -way stop sign was recommended for this intersection. The intersection scored 90, it is a growing neighborhood, and there will be increased traffic. Some members of the Council agreed that because this intersection scored 90, it doesn't qualify for stop signs. They expressed concerns with setting a precedent for other neighborhoods that also want stop signs and that it may set a false sense of security because cars will not stop as expected. This intersection has not been identified as a troubled intersection by the bus drivers. They are comfortable supporting staff s recommendation and re-evaluating the area after six months. Other members of the Council expressed support for the amended motion. This is a new neighborhood and it is important they create expectations as new people come in. It's good to be proactive now than to repair it later. The bus stop can't be moved, the area has unique topography, and it's a challenging intersection. The Council voted on the motion and with Davis, Prom, Carroll, and Johnson voting yes, and Willis, Wosje, and Slavik voting no, the motion carried. (8.01) Rezoning, Site Plan, Conditional Use Permit, and Variance for Redevelopment at 17405 and 17435 County Road (Five Star Development of Alabama, Inc. — 2017087) Senior Planner Drill reported the applicant is proposing to demolish the existing buildings and construct a CVS Pharmacy. This request includes a rezoning of 17435 County Road 6 and site plan approval for a 9,600 -square foot CVS Pharmacy/store with a variance and conditional use permit related to the pick-up window. After numerous revisions were made to improve the appearance of the building, the Planning Commission recommends approval of this application, with the addition of a berm. In response to questions from Council, Senior Planner Drill and Public Works Director Thompson provided the following information: • The berm would have no impact on traffic. The way out of the parking lot would be a U- turn or a right -out only. • With the proposed use, the average daily traffic will be reduced by approximately 40 percent and 20 percent during peak hours. • Staff has not received architectural designs that reflect the three changes requested by staff. However, it will be required prior to issuance of the building permit. • Based on the size of the building and uses, the parking requirement is met on the site. The minimum requirement is 48 spaces and there are 53 spaces, which is the maximum Adopted Minutes Page 6 of 11 Regular Meeting of January 9, 2018 spaces allowed. In the future, the building may stay the same, but the use could change to something different. • On the east and west elevation, there are no proposed design changes. On the north elevation, the windows would be brought down to the stone ledger, and there would be additional windows added. On the south elevation, the windows would again be extended down to the stone ledger. The plan also includes a focal point at the corner of County Road 6 and 101 along with landscaping. Vicki VanDell, with Louks, representing the applicant, commented the current use has issues with traffic flow and this will be improved and more clearly defined with the proposed site plan. She provided the following information in response to questions from the Council: • The new site will be easier to navigate with less traffic and clutter. • There is a new 20 -foot green area that serves as a buffer to the residential area. • The berm will have a double row of evergreens of multiple sizes. • The drive aisle on the east side is 26 feet wide and overflow traffic will park there. • The revised drainage plan will include sump catch basins that will connect to the City's storm sewer system. There is a pipe on the south side of the site that will accommodate the drainage from the commercial area to the south and drain out to the public storm sewer. • This CVS Pharmacy is smaller at 9,000 square feet compared to others at 13,000 square feet. It's intended to be a neighborhood store with convenience items. Public Works Director Thompson added this area is one of the drinking water supply management areas. The intent is to install sump catch basins throughout the site to avoid filtration or infiltration and they are requesting the applicant provide a revised drainage plan to reflect that. There would be an agreement that would require the applicant to maintain the sump basins. Howard Bergerud, property owner, commented they did consider having a gas station, but there was no interest. Drug stores have become small grocery stores and has traffic intermittently throughout the day. This presents a minimal use, it is a single use, and provides a lot of services for the neighbors. The option for redevelopment on this site in a C-3 zoning area is fast food. All the leases in the area require cross parking and the parking area will serve the other businesses in that area. Some Councilmembers commented they would rather see a convenience store than a pharmacy at this location. One Councilmember referred to a survey sent out to the surrounding neighborhood. Of the 150 responses, approximately 75 percent said they wanted it to stay as it currently is. Since that is not an option, and if the rezoning is not approved, the site could become a fast food restaurant. Other Councilmembers stated the City can't chose what is developed on this site and fast food restaurant wouldn't be a preferred use of the site. They are impressed with the look of the CVS, this is a great use, and like that there will only be one use on this corner. Adopted Minutes Page 7 of 11 Regular Meeting of January 9, 2018 Motion 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 Certain Lane located at 17435 County Road 6 (2017087 — Ord2018-01), Resolution Approving Findings of Fact for the Rezoning of Land located at 17435 County Road 6 (2017087 — Res2018-022), Resolution Approving a Site Plan, Conditional Use Permit and Variance for a CVS Pharmacy for Property located at 17405 and 17435 County Road 6 (2017087 — Res2018-023), Resolution Repealing Resolution 98-666 Pertaining to Approval of a 65 -Foot High Monopole and Related Ground Equipment for Wireless Communication Services at 17405 Count. Road 6 98159 & 2017087 — Res2018-024), and a Resolution Approving Summary Publication of Ordinance No. 2018-01 (Res2018-025). With all members voting in favor but Prom and Willis, the motion carried. The Council thanked Dave Johnson for the service he has provided to the neighborhood while owning Herb's Service Center and commended Mr. Bergerud for his work on the CVS Pharmacy. Dave Johnson, owner of Herb's Service Center, commented his grandparents immigrated from Sweden and bought the property that now holds the City's public works building. His dad purchased the property being discussed for $300 and the business has been there for 84 years. He thanked the current Council as well as previous Councils for their presence in the community and stated it has been an honor to serve the community. (8.02) Text Amendments, Site Plan, and Conditional Use Permits for a Corporate Lodging Development for Property located at the Northeast Corner of Nathan Lane and 59th Avenue (WaterWalk — 2017067) Planning Manager Sommers reported the applicant is requesting approval of two zoning ordinance text amendments for a corporate lodging development located at the corner of Nathan Lane and 59th Avenue. They plan to construct two four-story buildings with 157 units on the 6.55 -acre lot. The Planning Commission defined corporate lodging as, "a building or buildings offering temporary lodging, in furnished and semi -furnished suites, with full-size kitchens, and rented for periods of one-week or more." If the text amendments are approved, the applicant is also requesting site plan approval and conditional use permits for this property. The Planning Commission recommends approval of this request with the condition that 50 percent or more of the units must be furnished. Bill Griffith, representing the applicant, highlighted the history of corporate lodging. He noted that most corporate lodgings are located in proximity to businesses to provide convenience to the business traveler. Some of the models will be fully furnished with full amenities, while others will be partially furnished. All the units have full kitchens and washers and dryers. They do not expect to see random visitors, and 90 percent of their guests are business to business. The Planning Commission did not want all the units to go to semi -furnished, and recommended 50 percent of them be fully furnished. He requested reducing the number of fully furnished units from 50 percent to 40 percent. This will allow them to provide more flexibility to the business traveler. This is a high-quality product and they will continue to work with staff on the design of the project. Adopted Minutes Page 8 of 11 Regular Meeting of January 9, 2018 In response to questions from the Council, Mr. Griffith provided the following information: • This is similar to a Residence Inn or other extended stay models. • The restriction on the number of units furnished helps to preserve the business model. Legally this is a conditional use permit for a specific corporate lodging use and the owners do not have any rights under zoning to convert it to multi -family. • Each extended stay model that was previously mentioned were sold off to hotel company. This business model is to develop the extended stay concept, and sell it off to those that would invest in the permanency of the operation. • This unit will be well into 10 or 15 years before it would be sold and there will be a single mortgage on this property held by the investors. • Ninety percent of the sales are business to business. The direct sales are generally business travelers, and they will use social media to reach that market. The way the definition is set up with a one-week stay or more, they would not expect anyone other than business travelers to stay in the units. • The attraction to this type of client is the flexibility that they can stay one week or ten weeks and there are not issues involved with a lease. The average stay is 77 days, and they would expect the vast majority to turn over in that time period. • This will be a $25,000,000 investment on a site that has been vacant for 20 years. • These units are not for sale but are under an occupancy agreement as an extended stay hotel. • They are willing to discuss the appearance of the buildings. • The amenities include a 24-hour lobby, security, fitness center, and concierge. It's a hotel property with extended stay attributes. In lieu of a full restaurant, they offer a grocery service. • Currently, there is only surface parking included in the site plan. • The extended stay concept has a 40 -year history in the market. It has stood the test of time and it is not turning over. This concept has proven itself in four very strong urban markets, and they expect to see it in every strong commercial center within 10 to 15 years. Motion was made by Councilmember Carroll and seconded by Councilmember Prom to adopt an Ordinance Amending Chapter 21 of the Plymouth City Code to Add a Corporate Lodgiin Definition and Add Corporate Lodging as a Permitted Conditional Use in the Business Campus District (Ord2018-02), Resolution Approving Text Amendments Site Plan and Conditional Use Permit for Zion Holdings, LLC for Property located at the Northeast Corner of Nathan Lane and 59th Avenue North (2017067 — Res2018-026) with an amendment to item No. 2 to change the percentage from 50 percent to 40 percent, Resolution Approving Findings of Fact for a Zoning Ordinance Text Amendment to Add a Corporate Lodging Definition as a Permitted Conditional Use in the Business Campus District (Res2018-027)and a Resolution Approving Summ4a Publication of Ordinance No. 2018-02 (Res2018-28). City Manager Callister confirmed this site would be expected to follow the same parameters, statutes and ordinances as other hotels in the community. Adopted Minutes Page 9 of 11 Regular Meeting of January 9, 2018 Motion was made by Councilmember Carroll, and seconded by Councilmember Wosje, to call the question. With all members voting in favor but Willis and Johnson, the motion carried. The Council voted on the amended main motion and with all members voting in favor but Willis, the motion carried. The Council recessed at 8:38 p.m. and reconvened at 8:48 p.m. (8.03) 2040 Comprehensive Plan Update (City of Plymouth - 2016038) Planning Manager Thomson presented the draft 2040 Comprehensive Plan update. Motion was made by Mayor Slavik, and seconded by Councilmember Willis, to adopt a Resolution Approving Transmittal of the Draft 2040 Comprehensive Plan for the City of Plymouth to Adjacent and Affected Jurisdictions (2016038 — Res2018-029). With all members voting in favor, the motion carried. (8.04) Notice of At -Large Vacancy on the Planning Commission City Clerk Engdahl reported Jim Kovach, who currently serves as an At Large member on the Planning Commission, has submitted a notice of resignation. This position will be advertised with an application deadline of February 3. Reports and Staff Recommendations There were no reports and staff recommendations. Adiournment Mayor Slavik adjourned the meeting at 10:25 p.m. and reconvened the Study Session in the Medicine Lake Room at 10:30 p.m. Mayor Slavik, Councilmembers Johnson, Prom, Willis, Carroll, Wosje, and Davis, City Manager Callister, Administrative Services Director Hokkanen, Park and Recreation Director Evans, Economic Development Manager Landhauser, Fire Chief Coppa, Public Works Director Thompson, Community Development Director Juetten, and City Clerk Engdahl were present. The Council discussed Council's dues and subscriptions as contained in the 2018 budget and no changes were made. The Council scheduled a Study Session on April 10 at 5:30 p.m. to discuss hotel licensing. Adopted Minutes Page 10 of 11 Regular Meeting of January 9, 2018 Mayor Slavik adjourned the Study Session at approximately 11:00 p.m. Sandra R. Engdahl, Clerk Adopted Minutes Page 11 of 11 Regular Meeting of January 9, 2018