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HomeMy WebLinkAboutCity Council Minutes 01-07-2003Adopted Minutes Regular Council Meeting January 7, 2003 Mayor Johnson 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 7, 2003. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Black, Bildsoe, and Stein. FRIMIALn-100 "M STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Police Chief Gerdes, Finance Director Hahn, Housing Manager Barnes, Community Development Director Hurlburt, Public Works Director Faulkner, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Paulson. Oaths of Office Oaths of Office were administered by City Clerk Paulson to Mayor Judy Johnson, Ward 2 Councilmember Kelli Slavik, Ward 4 Councilmember Ginny Black, and At Large Councilmember Tim Bildsoe. Plymouth Forum Greg Wagner, 2534 West Medicine Lake Drive, stated he is concerned about the deterioration of Medicine Lake Drive. Public Works Director Faulkner stated this roadway is scheduled for mill and overlay work this summer from Northwest Boulevard to Highway 55. Mayor Johnson added the City is working with MN/DOT with the intersection at Highway 55. Mr. Wagner suggested there be a lane constructed for access to the service road. Presentations and Public Information Announcements 4.01) Presentation of Photo Contest Winners Communications Manager LaFave announced this year's Plymouth Photo Contest winners. Mayor Johnson presented certificates to Claudia Liberko, Eric Putkonen, Lanny Berke, Beth Shoen, and Patty Neuville. Adopted Council Minutes Regular Meeting of January 7, 2003 Page 2 of 12 Approval of Agenda Mayor Johnson added a report on the State of the Cities Legislative Conference as item No. 8.5 under General Business. Councilmember Black added a "thank you" to the Council as item No. 9.3 under Reports and Staff Recommendations. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Johnson asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Assistant City Manager Ahrens read the proposed list of individuals to be appointed to the boards and commissions (item No. 6.20). Mayor Johnson announced that Councilmember Hewitt would be designated as Deputy Mayor for 2003 (item No. 6.07). Councilmember Stein briefly discussed item No. 6.17 and noted that these two properties would be connected to City's sanitary sewer system. Councilmember Hewitt stated the residents of Camelot Estates would be pleased to know that there would be a review of the speed limit on County Road 47 between County Road 101 and County Road 61 (item No. 6.24). Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to approve the Consent Agenda, which included the following items: 6.01) Regular Council Meeting of December 17, 2002. 6.02) Resolution Approving Disbursements for the Period ending December 27, 2002 Res2003-001). 6.03) Resolution Establishing Regular Meeting Dates for the Period of March through December 2003, and Establishing Board of Equalization Meeting Dates (Res2002-002). 6.04) Resolution Appointing Council Coordinating Representatives and Representatives to Other Agencies (Res2003-003). 6.05) Approve appointment of Dr. Doug Lowin as City Health Officer for 2003. Adopted Council Minutes Regular Meeting of January 7, 2003 Page 3 of 12 6.06) Resolution Designating the Plymouth Sun Sailor as the City of Plymouth's Official Newspaper for 2003 (Res2003-004). 6.07) Resolution Appointing Deputy Mayor for 2003 (Res2003-005). 6.08) Approve appointment of Sandra Paulson as City Council Secretary for 2003. 6.09) Resolution Appointing Official Depositories for City Funds for 2003 (Res2003-006). 6.10) Resolution Ratifying Surety and Blanket Bonds for City Employees for 2003 (Res2003- 007). 6.11) Resolution Approving 3.2 On -Sale and Off -Sale Liquor, Off -Sale Intoxicating Liquor, On -Sale and Sunday Intoxicating Liquor, and Wine Licenses (Res2003-008). 6.12) Resolution Approving a Variance to allow a 5 -foot Parking Setback to the Principal Structure for Property located at. 14550 28`h Avenue North (2002149 — Res2003-009). , 6.13) Resolution Approving Change Order No. 1 for Plymouth Ice Center Parking Lot Expansion (Res2003-010). 6.14.1) Resolution Finding No Objection to Lawful Gambling Exemption for Family Hope Services (Res2003-011). 6.14.2) Resolution Finding No Objection to Lawful Gambling Exemption for Wayzata Youth Hockey Association (Res2003-012). 6.15.1) Resolution Approving Reduced Required Financial Guarantee for Cornerstone Commons Addition (98094 — Res2003-013). 6.15.2) Resolution Approving Reduced Required Financial Guarantee for Gem Court (99017 — Res2003-014). 6.15.3) Resolution Approving Reduced Required Financial Guarantee for Harvest Hills 2001023 — Res2003-015). 6.16) Resolution Approving a Preliminary Plat, Final Plat, and Two Variances for Ilya's Construction Company for Property located at the Northeast Corner 40th Avenue and County Road 101 (2002146 — Res2003-016). 6.17) Resolution Approving Public Improvement and Special Assessment Agreement and Adopting Assessments (Res2003-017). 6.18) Resolution Approving Amended Agreement for Legal Services provided by Campbell Knutson, Professional Association (Res2003-018). Adopted Council Minutes Regular Meeting of January 7, 2003 Page 4 of 12 6.19) Resolution Amending the Previously Adopted Resolution 2002-120 Authorizing the Application for and Allocation of Fiscal Year 2002 Community Development Block Grant Funds Res2003-019). 6.20) Resolution Appointing Individuals to Fill Vacant Terms on Various Boards and Commissions (Res2003-020). 6.21) Resolution Authorizing the Purchase of One New Current Model Street Sweeper Res2003-021). 6.22) Resolution Approving Donation of Art Print to the League of Minnesota Cities (Res2003- 022). 6.23) Approval of MetroEnvironment Partnership Grant Agreement. 6.24) Resolution Requesting Hennepin County Department of Public Works to Request the Commissioner of the Minnesota Department_ of Transportation to conduct a Speed Zoning Study for County Road 47 from County Road 101 to County Road 61 (Res2003-023). 6.25) Resolution Approving Request for Payment No. 5 and Reduction in Retainage for 2002 Street Reconstruction Project (2001 — Res2003-024). 6.26) Resolution Approving Request for Payment No. 2 and Final for Fire Station No. 3 Parking Lot Reconstruction Project (10 10 — Res2002-025). 6.27) Resolution Receiving Preliminary Engineering Report and Calling for Hearing on Improvements for 2003 Street Reconstruction Project, Mission Area (3 101 — Res2003-026). There being no further discussion, the motion carried to approve the Consent Agenda. Public Hearings 7.1) Consider Authorizing the Sale of Two City Owned Properties located at 3950 County Road 101 and 3960 County Road 101 to Family Hope Services Inc. Community Development Director Hurlburt reported on the request of Family Hope Services for approval of a purchase agreement and contract for deed for sale of City property located at 3950 and 3960 County Road 101. The agreement would be contingent upon Family Hope Services obtaining all necessary approvals for the development of an approximately 4,800 square foot building, with related parking lot and landscape improvements, containing offices and meeting rooms for the purpose of conducting "Tree House" youth and family counseling services. The purchase price, to be paid in seven years pursuant to a contract for deed, totals $212,214 193,864 for the land, and up to $18,350 in various fees and expenses of project approval). Adopted Council Minutes Regular Meeting of January 7, 2003 Page 5 of 12 She stated that Family Hope Services had originally requested to purchase other City owned property on County Road 101, but the Council directed staff to work with them to determine if there was other City property where the proposed use would be more compatible to the adjacent neighborhood. She indicated that these two parcels are located near the City water tower. She then illustrated the proposed floor plan of the facility. She stated staff is very comfortable that this use would be very compatible with the adjacent neighborhood. The proposed purchase price of $4 per square foot represents a fair market value for the land. She noted that there are substantial City application fees that Family Hope Services has requested to be included in the proposed purchase agreement. The City would be financing those costs as part of the agreement. Prior to completing the sale on the parcels, the City would plat the properties as a single lot and complete an environmental study. The closing would occur no later than July 1, 2003. Family Hope Services would demolish the existing structure on the property within 90 days of closing and obtain a building permit within three years of closing. She noted that a restrictive covenant would be recorded on the property specifying that certain land uses allowed under the proposed P -I zoning of the site would not be permitted. Because the City is the owner of the property, additional restrictions can be placed to ensure that rezoning of the property does not lead to a use that may be undesirable should Family Hope Services ever sell the property or change its use. Uses that would be prohibited include correctional facilities and shelters, residential shelters, retail commercial activities and personal services, outdoor storage and temporary outdoor sales activities. Councilmember Slavik suggested that the prohibition of certain gambling activities be included in the covenant. City Attorney Knutson stated the City could prohibit State licensed gambling which wouldn't preclude those raffles by non-profit organizations that are exempt from State licensing requirements. Councilmember Slavik asked if staff has determined the total cost to the City to sell these properties as well as the financing for seven years. In addition, she noted that there were two appraisals on the property with the higher appraisal being $4.55 per square foot. Community Development Director Hurlburt stated the price of $4 per square foot is based on the zoning of the property. She stated the LA -2 guiding would guide the development of this property. Staff believes the $4 per square foot is what the City could receive for the properties if the properties were marketed. Finance Director Hahn added that taking into consideration the low interest rates, the City's costs would be approximately $60,000. Mayor Johnson opened the public hearing for testimony. Tim Geoffrion, Executive Director of Family Hope Services, expressed his appreciation to the Council and staff. He stated their organization is very interested in the City due to their headquarters being located in the City as well as many people inquiring when there would be a Tree House facility in Plymouth. He stated they work with youth between the ages of 11 to 18 who are at risk and having a difficult time with their life, who need involvement on the part of caring and trained adults who will be involved in their lives. Adopted Council Minutes Regular Meeting of January 7, 2003 Page 6 of 12 Fred Peterson, of Family Hope Services, stated regarding gambling, they may be interested in conducting a raffle as a fundraiser in the future. Councilmember Hewitt asked how many people would be traveling to and from the site on a daily basis. Mr. Peterson replied this site would not be a "drop off' center, and Family Hope Services provides transportation for the youth via two 15 -passenger vans. Dave Nelson, 17810 8th Avenue, stated he is a teacher at Wayzata High School, and he is very familiar with the staff and the Family Hope Services program. He stated the needs are really great for this type of service in the community. He requested that the Council approve the request. Don Long, 11390 5`h Avenue North, of Family Hope Services, stated he is also very familiar with Family Hope Services, and he has been involved in the fundraising for the organization. He believes this facility would be a great addition to the community. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Sale of Property at 3950 and 3960 County Road 101 to Family Hove Services Inc. (Res2002-027). Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to amend the main motion to include language in the restrictive covenant section of the purchase agreement that gambling on the property would be prohibited except for raffles. With all members voting in favor, the motion carried. Mayor Johnson and Councilmembers Bildsoe, Black, and Hewitt, voiced their support for the motion. There being no further discussion, the Council voted on the amended main motion. With all members voting in favor, the motion carried. General Business 8.1) Consider Variance to encroach two feet into the required 25 foot rear yard setback to allow construction of a sunroom addition for property located at 4910 Olive Lane North Soumya and Ruma Roy - 2002124) Community Development Hurlburt illustrated the request of Soumya and Ruma Roy for a Variance to encroach two feet into the required 25 foot rear yard setback. This Variance would allow the construction for a four -season sunroom addition to the rear (south side) of the applicants' home. She stated the Planning Commission recommended denial of the Variance. Adopted Council Minutes Regular Meeting of January 7, 2003 Page 7 of 12 She noted this Variance was unable to be processed administratively as the application didn't meet the seven Variance standards in the ordinance. Since the Planning Commission meeting, staff has been working with the applicants in trying to locate the property stakes as the dimensions that they are working with are based on a previous survey of the home. The applicant has been trying to contact the original surveyor so the exact lot lines could be determined. She indicated that staff received verification of one of the issues, which is a medical condition, that makes the proposed addition desirable. Councilmember Hewitt asked if any of the neighbors object to this request. Community Development Director Hurlburt replied no. Councilmember Slavik stated the applicants propose to construct a 11 x 13 addition, and she stated they could construct an 11 x 11 addition that wouldn't require a Variance. Soumya Roy, 4910 Olive Lane North, agreed that there is discrepancy in the original survey of his property. He stated originally, the encroachment at the southwest corner of the addition was two feet; however, the new measurement indicates eight inches. He stated they previously lived in India, and they are used to a more sub -tropical environment. His wife currently suffers from chronic depression that started in 1997. She is home during the day and works evenings as a part-time art instructor. When they purchased their lot in the Conor Meadows development, they purchased the lot with the most southern exposure. He believes that his request meets four of the seven Variance standards. He addressed Variance standard No. 1 and stated their home is the only home in the immediate neighborhood that had to be moved back to meet the front and side setback. Their lot is 8,250 square feet in area while the average lot size in their development is 8,452 square feet. Therefore, a good percentage of the lot is unusable from a home improvement standpoint. He stated unlike the other homes, the setback line does not run parallel to the lot lines. He stated regarding an alternative size for the addition, a wider addition would restrict the light, and it would drastically affect their kitchen. They would need to tear down the wall and kitchen cabinets. The kitchen and breakfast areas would become very small and would be part of the addition. The difference between a smaller addition and what they are proposing is only $3,000. He also stressed that this is a pre -fabricated addition. He discussed Variance standard No. 2 and stated the combination of the shape of their property and the design of their home is unique. The rear setback line is unique, and they weren't made aware of this until after the home was constructed. He addressed Variance standard No. 4 and stated this is not a self-created hardship as he was unaware that the front portion of the house is on the setback line. Lastly, he stated a smaller addition would not solve the hardship as his spouse would be unable to spend the majority of the daytime hours in the addition in the winter. He stated they always intended to construct this addition (conservatory), but they felt they had ample room. He then provided a letter of support from the adjacent neighbor to the south of their property. Adopted Council Minutes Regular Meeting of January 7, 2003 Page 8 of 12 Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to adopt a Resolution Approving a Rear Yard Setback Variance for Soumya and Ruma Roy for Property located at 4910 Olive Lane North (2002124 — Res2003-028). Councilmember Hewitt stated she supports the motion as it appears that the discrepancy may only be eight inches. In addition, this type of sunroom is pre -fabricated, and she noted that there was no opposition from the neighbors. Councilmember Stein and Mayor Johnson agreed. Councilmember Black stated she would support the motion. However, the City may need to discuss in the future whether the issue of health and/or a medical condition could be considered a hardship for the granting of a Variance. There being no further discussion and with all members voting in favor, the motion carried. 8.2) Consideration of Variance to allow an above grade cantilever addition to be constructed 8 feet 4 inches from the side property line where the Zoning Ordinance requires 15 feet for property located at 3735 Wellington Lane North (Michelle Brousseau - 2002145) Community Development Director Hurlburt reported on the request of Michelle Brousseau, 3735 Wellington Lane, for a Variance to allow an above -grade cantilever addition to be constructed eight feet, four inches from the side property line where the Zoning Ordinance requires 15 feet. She noted that staff and the Planning Commission recommended approval of the request. She stated the property is currently zoned RSF-1 which requires a 15 foot side -yard setback. The house is currently 10 feet at its closest point from the side property line. She stated the subdivision was approved in 1973 as a Subdivision Unit Project (SUP) in the R -IA (low density single-family residential) Zoning District. The SUP was a development technique that preceded the adoption of the Planning Unit Development (PUD) provisions of the Zoning Ordinance. The development was approved with 10 foot side -yard setbacks. She stated in 1996, the current Zoning Ordinance was adopted and included rezoning this property from R-1 A to RSF-1 (single- family detached 1). The rezoning eliminated the SUP and required that properties comply with zoning district standards. She noted that construction for this request was begun prior to receiving a building permit or other City approvals. Construction has been halted until after the resolution of the Variance and building permits. Mayor Johnson asked what would occur if this request is denied. Community Development Director Hurlburt replied Ms. Brousseau would need to return the house to the previous condition. Michelle Brousseau, 3735 Wellington Lane, stated she contacted the Building Department and was informed that a permit wasn't required to replace a window in the wall. She apologized for taking it a step further in order to construct a cantilever. She explained the needs of their family Adopted Council Minutes Regular Meeting of January 7, 2003 Page 9 of 12 have changed, and room for a wheelchair is needed in that area. She stated the cantilever would tuck under the eave, and she showed a picture of the stained glass that would be in the cantilever. She stated that her adjacent neighbor is opposed to her request as he feels the buildings on the properties would be too close. She stated there is 28 feet between the two properties. Only a portion of the cantilever would extend outward. She noted that her neighbor has a privacy fence between their properties, and she has also tried to do extensive landscaping around her property. She commented that she has a bay window in her kitchen, and her neighbor's bedroom is in direct view with her window. She noted that previously, the Council granted Variances for two of her neighbors for three -stall garages. David Bearman, 3725 Wellington Lane, stated he requested two Variances four and a half years ago, and the Council didn't approve his requested 8.5 side yard setback from the 10 foot setback. He stated that a cantilever was not suggested as a compromise at that time. He indicated the distance between the buildings on the two properties is 18 feet. He reiterated that this addition was started without a permit. He was informed that the window was going to be replaced, but now it has been put back in. He stated Ms. Brousseau's house is not handicapped accessible as there are no ramps to the doors, and Ms. Brousseau's adult children don't regularly_use wheelchairs. He stated he doesn't object to any addition, but he objects to reducing the side yard setback. He would like her to be treated the same way he was four years ago as the same lot lines are in place. He agreed that a Variance was approved for a neighbor for a three -stall garage, but there was no adjacent house, and the addition was all in the side yard. He stated the fence between his yard and Ms. Brousseau's covers the boundary line, and the side property line has been disputed. He stated if this Variance is approved, in the future he may request to cantilever his bedroom and garage. Mayor Johnson asked if the City has set a precedence in the past that would affect this request. City Attorney Knutson replied no. He stated the Council needs to determine whether this requested Variance meets the current Zoning Ordinance requirements. Community Development Director Hurlburt commented that there is a width limit of 10 feet for a cantilever, and it would be very unusual to cantilever a garage. She commented that the Bearman's Variance process was fairly contentious. Ms. Brousseau stated her concerns with the Bearman Variance involved his home business. Mr. Bearman stated the discussion of his home business was exaggerated, and he met the criteria of the Zoning Ordinance. He added that Ms. Brousseau also has a home based business. Motion was made by Councilmember Hewitt to adopt a Resolution Approving the Side Yard Variance. This motion failed for lack of a second. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to direct staff to prepare a Resolution and findings of fact that are consistent for denial for the January 28 Council Meeting. Adopted Council Minutes Regular Meeting of January 7, 2003 Page 10 of 12 Councilmember Hewitt stated she wouldn't support the motion, and she isn't taking the past history into account. She stated only approximately 21 inches are in question with this request. Mayor Johnson voiced her support for the motion. She stated the standards haven't been met with this request, and there is an equity issue. She stressed that Ms. Brousseau's property is already at the 10 foot side yard setback. She stated one intent to change the Zoning Ordinance was to provide more space between neighbors. There being no filrther discussion and with all members but Hewitt voting in favor, the motion carried. 8.3) Declare Vacancy in At -Large City Council position and Appoint individual to fill the Vacancy Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt a Resolution Declaring Vacancy to Exist in At -Large City Council Seat (Res2003-029) and Resolution Appointing Karl Neset (Res2003-030), with the appointment being effective January 16, 2003. With all members voting in favor, the motion carried. 8.4) Adopt Legislative Priorities City Manager Johnson reported on the proposed list of legislative priorities. The Council requested the following items/issues also be included in the list: 1. Opposition to legislation that undermines or erodes local control, as well as state -imposed mandated services or procedures that result in added local costs. 2. Legislation allowing more flexibility for local officials to establish speed limits for residential streets that do not have an impact on neighboring cities. 3. The City would carefully monitor any legislation to allow watersheds to use property tax levies to fund improvements. 4. Request that local elected officials continue to be included in the Minnesota Department of Transportation's decision-making process when state -aid roads and highways are planned in a city. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to adopt a Resolution Adopting Priority Issues for the 2003 Legislative Session (Res2003-031) including the above additions. With all members voting in favor, the motion carried. The Council requested that copies of the amended list be provided to the Council. 8.5) Report on State of the Cities Legislative Conference on January 15 Mayor Johnson and Councilmembers Hewitt, Slavik, and Black indicated that they would be attending the Legislative Conference on January 15. Adopted Council Minutes Regular Meeting of January 7, 2003 Page 11 of 12 Mayor Johnson requested that staff contact the area legislators to schedule meeting times with the Council. Reports and Staff Recommendations 9.1) Consider filling any Remaining Board and Commission Vacancies and consider Process for establishing Council Goals and Priorities Mayor Johnson noted that Karl Neset's appointment to the Council has created a vacancy on the Planning Commission. She suggested the Council conduct a Study Session on January 28 at 6:00 p.m. to discuss this appointment. The Council discussed other items that they desired to discuss at a Study Session. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to schedule a Study Session on January 28 at 6:00 p.m. for the purpose of discussing the following items: 1. Planning Commission vacancy. 2. Council procedures. 3. Process for establishing goals and priorities. 4. Council team building. 5. Representative to Northwest Hennepin Family Service Collaborative. 6. Future Study Sessions. With all members voting in favor, the motion carried. 9.15) Conference for Newly Elected and Experienced Officials Mayor Johnson encouraged Councilmembers to attend either the conference for newly elected officials or the conference for the experienced officials. 9.2) Discuss Mooney Lake/Minnehaha Creek Watershed meetings (requested by Mayor Johnson) Public Works Director Faulkner stated the watershed district would be discussing the pumping of Medicine Lake this spring as well as a possible permanent pumping solution at their meeting on January 23. Councilmember Slavik stated that she would be attending this meeting. 9.3) Thank You to the Council Councilmember Black thanked the City for the flowers sent to her spouse while he was recently hospitalized. Adopted Council Minutes Regular Meeting of January 7, 2003 Page 12 of 12 Adiournment Mayor Johnson adjourned the meeting at 9:50 p. andra R. Paulson, City Clerk