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