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Home My WebLink AboutCity Council Packet 08-21-2018Regular Council Meeting 1 of 2 August 21, 2018 (RECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING AUGUST 21, 2018, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUM—Individuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 6.01 Approve exception from Section 2005.13 of the City Code allowing liquor sales and consumption at the Hilde Performance Center and a Temporary Liquor License for With One Breath for an event on October 6 (Res2018-276, Res2018-277) (Approved) 6.02 Terminate Conditional Use Permit that allowed stockpiling of dirt southwest of State Highway 55 and Dunkirk Lane (90036 – Res2018-278) (Approved) 7. PUBLIC HEARINGS 7.01 Public hearing on vacation of highway, drainage, and utility easements within Tract A, Registered Land Survey No. 1799 (Res2018-279) (Approved) Regular Council Meeting 2 of 2 August 21, 2018 8. GENERAL BUSINESS 9. REPORTS AND STAFF RECOMMENDATIONS 10. ADJOURNMENT REGULAR COUNCIL MEETING August 21, 2018 Agenda Number: 6.01 To: Dave Callister, City Manager Prepared by: Sandy Engdahl, City Clerk Reviewed by: Diane Evans, Director of Parks and Recreation Item: Approve Exception from Section 2005.13 of the City Code allowing Liquor Sales and Consumption at the Hilde Performance Center and a Temporary Liquor License for With One Breath for an Event on October 6 1. ACTION REQUESTED: Adopt attached resolutions approving exception from Section 2005.13 of the City Code allowing liquor sales and consumption at the Hilde Performance Center on October 6 and a Temporary Liquor License for With One Breath. 2. BACKGROUND: With One Breath is hosting the HOPEStock 2018 at the Hilde Performance Center on October 6. This is a fundraising event to fight cystic fibrosis. Live music, beer tastings, food trucks, and games will be part of the event. City staff will be fencing off the event area and With One Breath will be contracting for security services. More information regarding this event can be found on their website at https://www.withonebreath.org/events. In order to allow liquor sales and consumption at the Hilde Performance Center, the Council must adopt the attached resolution approving the exception according to Section 2005.13 of the City Code. Lastly, With One Breath has applied for the temporary intoxicating liquor license and a resolution approving that license is also attached. 3. BUDGET IMPACT: The applicant has paid the $50 fee for the liquor license. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION NO. 2018- RESOLUTION APPROVING EXCEPTION FROM SECTION 2005.13 OF THE CITY CODE ALLOWING LIQUOR SALES AND CONSUMPTION AT THE HILDE PERFORMANCE CENTER ON OCTOBER 6, 2018 WHEREAS, per Section 2005.13, Subd. C of the City Code, possession, sale, or consumption of liquor at the Hilde Performance Center is prohibited unless authorized by Council resolution; and WHEREAS, With One Breath is hosting HOPEStock2018 on October 6, 2018 at the Hilde Performance Center where liquor sales and consumption are desired. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the exception from Section 2005.13, Subd. C is approved for HOPEStock 2018 event on October 6, 2018. APPROVED by the City Council on this 21st day of August, 2018. Page 2 CITY OF PLYMOUTH RESOLUTION NO. 2018- RESOLUTION APPROVING TEMPORARY LIQUOR LICENSE APPLICATION FOR WITH ONE BREATH WHEREAS, With One Breath has applied for a Temporary Liquor License for an event on October 6, 2018 at the Hilde Performance Center located at 3500 Plymouth Boulevard. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Temporary Liquor License for With One Breath for an event on October 6, 2018 at the Hilde Performance Center, 3500 Plymouth Boulevard, is approved. APPROVED by the City Council on this 21st day of October, 2018. Page 3 REGULAR COUNCIL MEETING August 21, 2018 Agenda Number: 6.02 To: Dave Callister, City Manager Prepared by: Lori Sommers, Senior Planner Reviewed by: Barbara Thomson, Planning Manager, and Steve Juetten, Community Development Director Item: Terminate conditional use permit that allowed stockpiling of dirt southwest of State Highway 55 and Dunkirk Lane (90036) 1. ACTION REQUESTED: Adopt attached resolution approving the termination of a 1990 conditional use permit for property located southwest of State Highway 55 and Dunkirk Lane as requested by Hans Hagen Commercial Properties, Inc. Approval requires a 4/7 vote of the City Council. 2. BACKGROUND: In 1990, the City Council adopted a resolution (copy attached) that approved a conditional use permit for Hans Hagen Homes/Westar-Rome Partners. The conditional use permit allowed the stockpiling of excess dirt on the property located southwest of State Highway 55 and Dunkirk Lane. Since that time, the dirt stockpile was removed from the property and was used in conjunction with development of the Plymouth Station. Hans Hagen Homes/Westar-Rome Partners is presently going through the process to clear up title issues for their property for the Hy-Vee grocery store. Because the conditional use permit is no longer needed, they are requesting that it be terminated so it can be removed from the certificate of title. The City no longer requires a conditional use permit for temporary stockpiling of dirt because conditional use permits run with the land. The city now requires an interim use permit for temporary stockpiling of dirt. Interim use permits expire upon a certain date or event. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Resolution Resolution Terminating Conditional Use Permit Page 1 Page 2 Page 3 Page 4 CITY OF PLYMOUTH RESOLUTION NO. 2018- RESOLUTION TERMINATING A 1990 CONDITIONAL USE PERMIT THAT ALLOWED STOCKPILING OF DIRT ON PROPERTY LOCATED SOUTHWEST OF STATE HIGHWAY 55 AND DUNKIRK LANE (90036) WHEREAS, in 1990 the City of Plymouth adopted a resolution approving a conditional use permit for Hans Hagen Homes/Westar-Rome Partners that allowed stockpiling of dirt on the property located southwest of State Highway 55 and Dunkirk Lane (now known as Plymouth Station) for use in their future development; and WHEREAS, the stockpile was removed from the property, thereby, making the conditional use permit no longer needed; and WHEREAS, in 1996 Hans Hagen Homes/Westar-Rome Partners developed Plymouth Station; and WHEREAS, Hans Hagen Homes/Westar-Rome Partners is requesting that the City terminate the conditional use permit that allowed stockpiling of dirt on property located southwest of State Highway 55 and Dunkirk Lane so the conditional use permit can be removed from the certificate of title. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it should and does terminate the 1990 Conditional Use Permit that allowed stockpiling of dirt on property located southwest of State Highway 55 and Dunkirk Lane. APPROVED by the City Council on this 21st day of August, 2018. Page 5 REGULAR COUNCIL MEETING August 21, 2018 Agenda Number: 7.01 To: Dave Callister, City Manager Prepared by: Gary Defries, Sr. Engineering Technician Reviewed by: Michael Thompson, Director of Public Works Item: Public Hearing on the Vacation of Highway, Drainage and Utility Easements within Tract A, Registered Land Survey No. 1799. 1. ACTION REQUESTED: Adopt attached resolution approving the vacation of highway, drainage and utility easements within Tract A, Registered Land Survey No. 1799. 2. BACKGROUND: Hans T. Hagen, Jr. is requesting the vacation of highway, drainage and utility easements within Tract A, Registered Land Survey No. 1799 as shown on the attached exhibits. The highway easement, Document No. 3151949, was originally dedicated in 1958 to Hennepin County. Hennepin County subsequently transferred their jurisdiction of the highway easement to the City. On March 5, 1997, the Council vacated the highway easements per Resolution 97-158; however, the resolution didn’t specifically reference the highway easement with the Document No. 3151949. Presently, there is a proposal to transfer the ownership of the Cub facility within Tract A to Hy-Vee. During the review of the County records, the Certificate of Title still references the underlying highway easement with the Document No. 3151949 as existing within Tract A. As a result, Hans T. Hagen, Jr. is requesting specifically to clear Document No. 3151949 from the record. All affected utility companies were notified of the proposed easement vacation. No objections were received for the vacation of the highway easement; however, objections were received from both CenterPoint Energy and Xcel Energy of the Drainage and Utility Easements since they have facilities contained within these easements. These objections are outlined in the resolution not to vacate the drainage and utility easements and as shown in Exhibit A as it’s not in the public’s interest. Staff reviewed the proposed vacation of the easements and has no objections. 3. BUDGET IMPACT: There is no effect on the budget. However, a $450 was received by the petitioner to cover the City’s cost of administering, publishing the public hearing notice, and recording the vacation resolution. Page 1 4. ATTACHMENTS: Location Map Request for Easement Vacation Highway Easement Exhibit Drainage and Utility Easement Exhibit “A” Resolution Page 2 HIGHWAY, DRAINAGE AND UTILITY EASEMENTS LOCATION MAP Denotes Highway Easement Area SUBJECT PARCEL Page 3 Page 4 Page 5 Page 6 Page 7 PROPERTY'DESCRIPTION:' Tract'A,'Registered'Land'Survey'No' '799,' Hennepin'County,'Minnesota.' DESCRIPTION'OF'EASEMENT' TO'BE'VACATED:' Thot'part'of'the'eosemen't'for'highway' purposes,'together'with'' all'incumbronces' as'described'and'dedicated'per'Document' No' 3151949'which'lies'within' Tract'A,' Registered'Land'Survey'No_' 1799,'Hennepin' County,'Minnesota.' �'' OENOTESv EASEMENT'AREA' [�'' TO'BE'VACA'TEO.' .i 9n' w'wegrudcam' ' !'I' GRPHIC'SC E' 1'neh'' 100''l' DRAWN'BY-OWO']'JOB'NO:'18184' CHECK'BY:'owo'SCANNED'I'2'I'J'I' NORTH' "DAE'7/10/IB' I'I' ND.'DA.'DESCRIPTION'I'BY' Tel.'(651)'361-8200' Fax'(651)'361-8701' Page'8 EXHIBIT' !A ! HighwayHighway Page 9 Drainage and Utility Areas to be retained EXHIBIT '"A'" Drainage and Utility Areas to be retained EXHIBIT '"A'" CITY OF PLYMOUTH RESOLUTION NO. 2018- RESOLUTION APPROVING THE VACATION OF HIGHWAY, DRAINAGE AND UTILITY EASEMENTS WITHIN TRACT A, REGISTERED LAND SURVEY NO. 1799 WHEREAS, a public hearing with respect to said vacation was scheduled for August 21, 2018, in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of August 21, 2018; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the Council held a public hearing on August 21, 2018 to inform any and all interested parties relevant to the vacation of the Highway, Drainage and Utility Easements within Tract A, Registered Land Survey No. 1799; and WHEREAS, it was determined by the City Council that said Highway, Drainage and Utility Easements were not needed for Public purposes. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the following Highway, Drainage and Utility Easements be vacated: That part of the easement for highway purposes, together with all encumbrances as described and dedicated per Document No. 3151949 which lies within Tract A, Registered Land No. 1799, Hennepin County, Minnesota. And, All drainage and utility easements of record that lie within the limits of the highway easement as described in Document No. 3151949. PROVIDED, HOWEVER, it is not in the Public’s interest to vacate the drainage and utility easements that lie within the area shown on the attached Exhibit “A,” and legally described on the attached Exhibit “B”, and they shall be retained by the City, BE IT FURTHER RESOLVED that said vacation shall not affect the authority of any person corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. Page 10 APPROVED by the City Council on this 21st day of August 2018. Page 11 EXHIBIT “B” Legal Description of Area Where Drainage and Utility Easements Retained The drainage and utility easements as dedicated on PLYMOUTH STATION, according to the recorded plat thereof, Hennepin County, Minnesota, embraced within Tract A, REGISTERED LAND SURVEY NUMBER 1799, files of the Registrar of Titles, said Hennepin County and also embraced within the highway easement recorded as Document Number 3151949, said Hennepin County, Minnesota. Page 12