Loading...
HomeMy WebLinkAboutCity Council Minutes 09-23-2003Adopted Minutes Regular Council Meeting September 23, 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 September 23, 2003. COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Stein, Hewitt, Slavik, Bildsoe, Neset, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, Finance Director Hahn, Public Works Director Faulkner, Captain Goldstein, Planning Manager Senness, Lieutenant Webb, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum David Bearman, 3725 Wellington Lane, reported that his neighbor, Michelle Brousseau, has submitted plans to the City for a construction of a deck on the south side of her house. He stated earlier this year the Council approved a Variance for Ms. Brousseau for the construction of a cantilever. He stated that it's his understanding that Ms. Brousseau has decided to not use the Variance. Regarding the proposed deck, he has concerns regarding the setback. He reminded the Council that five years ago the property lines were changed after a certified appraisal was given. He asked what recourse they have after the building permit is issued if it is determined that the deck isn't within the setback requirements. Community Development Hurlburt stated Mr. Bearman can't appeal staff's decision in granting the building permit, and the building permit doesn't require a certified survey. She stated a six foot setback for the proposed deck would need to be met. If there would be a new survey which would indicate that the other two surveys are incorrect, staff could order Ms. Brousseau to reduce the size of the deck. She stated both sets of surveys indicate that the proposed deck is within the property line. She stressed that under the City's Zoning Ordinance for setback requirements, one can appeal code issues for legislative intent. She stated this issue is not a question of legislative content, but where the location is of the property line. She noted that the building permit hasn't been issued yet. Mr. Bearman stated that he considers his certified survey to be correct. He stated he is concerned if the measurements are taken on the Brousseau side, as no one knows exactly where the boundary line is. Therefore, there could be an encroachment. Mayor Johnson stated she would be happy to meet with Mr. Bearman and staff to review his concern further. Adopted Council Minutes Regular Meeting of September 23, 2003 Page 2 of 10 Julie Huang and Mark Wollschlager, 4785Valley Forge Lane, discussed a recent flooding issue that occurred on their property. Ms. Huang explained that their property overlooks a pond, and for over two years they have witnessed the water levels rising in this pond. She stated they were concerned about potential flooding, so they met with City staff. They were informed that the system was operating correctly. She stated on June 24, 2003, the pond rose and overflowed and eventually caused damage to the entire lower level of their home. She noted that the damage to their home is not covered by their property insurance. She stated they submitted a claim to the City's insurance company, and on August 31, 2003 they were notified that their claim had been denied. She requested that they be reimbursed for this damage. She stated they would be willing to meet with staff to discuss measures that could reduce future flooding. City Manager Johnson stated the City's insurance is through the League of Minnesota Cities Insurance Trust, and their standard review is whether the City is at fault. Evidently, the adjuster felt that the City wasn't liable for the damages. However, the Council could have the option of going beyond that and determining if there is any precedence to do so. This could involve adopting a different policy or the standard that is applied for claims. He noted that the City's consultant has been working in this area to review drainage/water issues, and hopefully by the end of October, a report would be provided to the Council. Councilmember Black requested this issue be placed on the list for a possible study session. Bill Sternad, 19415 30th Place, discussed his idea for mechanical parking for a proposed transit facility at Highway 55 and County Road 73. Mayor Johnson stated the status of funding for this transit facility would be discussed later on this evening's agenda. Presentations and Public Information Announcements 4.01) Proclamation for Plymouth Women of Today Mayor Johnson read a Proclamation declaring September 21-27, 2003 as "Minnesota Women of Today Week." Carol Cheswick, President of Plymouth Women of Today, thanked the Council for the Proclamation. 4.02) Presentation of Grant for Police Department Bicycle Captain Goldstein requested acceptance of a $1,300 grant from Centerpoint Energy for the purchase of a police mountain bike. Al Swintek, from Centerpoint Energy, presented the check to Captain Goldstein. Mayor Johnson thanked Mr. Swintek and Centerpoint Energy for their partnership and support. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adopt a Resolution Authorizing the City to Accept Grant Funds from the CentMoint Energy Adopted Council Minutes Regular Meeting of September 23, 2003 Page 3 of 10 Community Partnership Grant Program for the purchase of a Mountain Bike for use by the Police Department Bike Patrol Unit (Res2003-398). With all members voting in favor, the motion carried. 4.03) Announcement of Community Meeting Hosted by Councilmember Bildsoe Councilmember Bildsoe announced that he is hosting a Community Meeting on October 2 at 7:00 p.m. at the Plymouth Creek Center. He stated Mayor Johnson would be in attendance, and all Councilmembers are invited. In addition, State Senator Gaither would be in attendance. 4.04) Announcement of Plymouth on Parade and Duck Race on October 4 Park and Recreation Director Blank gave a presentation on the Sixth Annual Plymouth on Parade on October 4 and various activities to be held that day. The Rotary Club Members reported on the third annual Ducks on Parade event on October 4. 4.05) Presentation by Metropolitan Council Representative Roger Scherer Roger Scherer and Robin Caufman gave a brief presentation on the goals of the Metropolitan Council. They stressed that they would like to work with the City on sewer and transportation issues and ways to address the increase in population. Mayor Johnson requested an update on the funding for the proposed transit facility at Highway 55 and County Road 73. City Manger Johnson stated the City applied for grants through the Metropolitan Council, and staff was recently informed by a staff member at the Metropolitan Council that the City was disqualified for one of the grants. He stated this is an approximately $9 million project, and in applying for several sources of funds, there was a misunderstanding that there were a couple of projects. Therefore, hopefully this could be addressed so the City wouldn't be disqualified. He indicated that the City's applications are currently be reviewed at the subcommittee level. Mr. Scherer stated that he hasn't see the applications yet. Councilmember Black stressed the need for funding for transit projects in this area when there have been other similar projects in other communities. Mayor Johnson stated funding is also being requested for I-494 and Highway 55 corridors. Mr. Sternad reiterated that a public/private venture could be launched at this proposed transit hub site for mechanical parking. He requested that there be a study session with the Council on this in the near future. Approval of Agenda Adopted Council Minutes Regular Meeting of September 23, 2003 Page 4 of 10 Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to annrove the agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve the Consent Agenda, which included the following items: City Manager Johnson noted that the Resolution for item No. 6.06 was amended to include information from the contract. 6.01) Minutes from the Special Meetings of September 2 and September 9, and Regular Meeting of September 9. 6.02) Resolution Approving Disbursements for the Period ending September 12, 2003 Res2003-399). 6.03) Resolution Approving 2003 Tobacco License for Yang Corporation, d/b/a Four Seasons Liquors 4, 4232 Lancaster Lane (Res2003-400). 6.04) Resolution Approving a Site Plan Amendment to allow Changes to the Drive Aisle and Parking Areas on the East Side of the Property for First Industrial Realty Trust, Inc. for Property located at 10205 51" Avenue North (2003069 - Res2003-401). 6.05) Resolution Finding No Objection to Lawful Gambling Exemption for Missions Inc./Home Free (Res2003-402). 6.06) Contract with Boarman Kroos Vogel Group for work related to the expansion of the Public Safety and City Hall buildings project (Res2003-403). 6.07) Resolution Approving Agreement with Ankeny Kell for the Ice Center Project (Res2003- 404). 6.08) Resolution Revising Resolution 2003-335 Approving Request for a Conditional Use Permit and Site Plan Amendment for C and K Automotive to allow a Minor Auto Repair Business in the C-3 Zoning District for Property located at 3510 Kilmer Lane North (2003057 Res2003-405). 6.09) Resolution Revising Resolution 2002-544 Approving a Final Plat and Development Contract for Orrin Thompson Homes for Phase I of "Timber Creek Crossing located at Schmidt Lake Road and Garland Lane (2001114F - Res2003-406), and a Resolution Revising Resolution 2002-181 Approving a Site Plan and Variances for Orrin Thompson Homes for a 201 -Unit Townhouse Development located North and West of the Canadian Pacific Railroad and North of future Schmidt Lake Road (2001114 — Res2003-407). 6.10) Resolution Approving Payment No.2 and Final 2003 Seal Coat Program (Res2003-408). Adopted Council Minutes Regular Meeting of September 23, 2003 Page 5 of 10 6.11) Resolution Approving Environmental Quality Committee's Request to Reconvene the Medicine Lake Watershed Subcommittee (Res2003-409). 6.12) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2003 Weed Eradication and Destruction, Roll I (Res2003-410), and a Resolution Setting Public Hearing on Proposed Assessment for 2003 Weed Eradication and Destruction, Roll I (Res2003-411. 6.13.1) Resolution Approving Final Release of Financial Guarantee for Orchards of Plymouth Addition (94050 - Res2003-412). 6.13.2) Resolution Approving Final Release of Financial Guarantee for Rounds Addition 95035 — Res2003-413). 6.13.3) Resolution Approving Final Release of Financial Guarantee for Orchards of Plymouth 2nd Addition (96093 — Res2003-414). 6.13.4) Resolution Approving Final Release of Financial Guarantee for Conor Meadows 3`d Addition (99050 — Res2003-415). 6.14) Resolution Appointing Members to Youth Advisory Council (Res2003-416). 6.15) Resolution Approving Winter Trails Activity Permit (Rcs2003-417). 6.16) Resolution Approving Master Plan for the Reserve Neighborhood Park (Res2003-418). Councilmember Slavik stated regarding item No. 6.11, she supports reconvening the subcommittee; however, she cautioned the availability of funds for any projects. Councilmember Black stated this group won't be recommending any new projects but reviewing areas in the watershed that weren't previously addressed prior to the Capital Improvements Plan. They don't anticipate funding any projects within the next one to four years. The motion carried to approve the Consent Agenda. Mayor Johnson congratulated the architects for the public safety building and ice arena. Public HearinLys 7.1) Off -Sale Intoxicating Liquor License for Yang Corporation, d/b/a Four Seasons Liquor 4, 4232 Lancaster Lane City Clerk Paulson reported on the application of Yang Corporation for an Off -Sale Intoxicating Liquor License for Four Seasons Liquor 4, 3232 Lancaster Lane. Adopted Council Minutes Regular Meeting of September 23, 2003 Page 6 of 10 Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Off -Sale Intoxicating Liquor License for Yang Comoration, d/b/a Four Seasons Liquors, 4232 Lancaster Lane (Res2003-419). Mayor Johnson encouraged the applicant to participate in the Best Practices Program. With all members voting in favor, the motion carried. General Business 8.1) Presentation by I-494 Corridor Commission Jim Hoveland, Chair of the I-494 Corridor Commission, gave an overview of the commission. He stated the commission is a joint powers organization consisting of the cities of Plymouth, Bloomington, Richfield, Edina, Eden Prairie, and Minnetonka. The 2003 budget is $342,000 and 80% of the budget is a CMAQ match from the Metropolitan Council. He discussed the goals of the commission and the economic projections for the I-494 corridor. Dave VanHattum, Executive Director of the I-494 Commuter Services, discussed commuter options (carpool, vanpool, bus, bike, flexible work arrangements, and guaranteed ride home program) that they have been promoting. He stated they work in partnership with Metro Commuter Services, Metro Transit and Plymouth Metrolink, Chamber of Commerces, and the Minnesota Department of Transportation. For employers and property managers they provide commute planners, commuter fair/brown bag lunches, commuter survey, and TDM plan for new development. He highlighted the new "Van Go!" Program which provides a bus -like alternative. He spoke of the meetings he has conducted with Plymouth employers and managers, and commuter fairs. Tom O'Keefe, Area Manager for the Metro Division of the Minnesota Department of Transportation, discussed preliminary design work for north of Highway 394, which is a design built project. He stated this portion of Highway 394 was moved up from the year 2012 to 2004. He stated the project should be completed by the summer of 2006. Councilmember Hewitt thanked Mr. Hoveland, Mr. VanHattum, and Mr. O'Keefe for all their hard work. 8.2) Land Use Guide Plan Amendment, Rezoning, Preliminary Plat, Final Plat, Site Plan, and Conditional Use Permit for Family Hope Services (2003002 and 2003003) Community Development Director Hurlburt reported on the request of Family Hope Services for Land Use Guide Plan amendment, rezoning, preliminary plat, final plat, site plan and conditional Adopted Council Minutes Regular Meeting of September 23, 2003 Page 7 of 10 use permit approvals for their property located at the southeast corner of County Road 101 and 40th Avenue North. She illustrated the site and explained the applicant would construct an office building on the site to house their "TreeHouse" youth and family outreach program in the Wayzata School District. She stated the TreeHouse provides counseling services to youth ages 11-18 and their parents. The programs are scheduled Mondays through Fridays with program activities held from 4:00 p.m. -9:00 p.m. During the day, office staff would use the building and occasionally conduct meetings with parents or community leaders, and during the summer months, programming may shift more to daytime hours depending upon the activity. The youth would be transported to and from the site by van, and the facility would not be a drop-in center. The staffing level on this site would consist of five full-time employees. She explained that there are two parcels that are owned by the City which are part of the application. She stated as part of the City's agreement with Family Hope Services, the right-of- way for both of the parcels is being dedicated as part of the plat, as well a strip from the water tower site. She noted at the Planning Commission hearing, there were concerns from residents regarding traffic, hours of operation and night activities, and if the use of the property would change. She stated regarding the traffic concern, staff believes the level of traffic from this use would be the same as if this property would've been developed for townhomes. She stated 40t" Avenue would serve as the access to the site. She stated with the concern of the hours of operation, the Planning Commission has included a condition that the activities at the site occur from 7:00 a.m.-11:00 p.m. She noted there was a concern on the use of the building if Family Hope Services would sell it. She stated condition No. 7 of the site plan and conditional use permit Resolution list those uses which wouldn't be allowed, i.e. liquor establishment, funeral home and mortuary, residential shelter, outdoor storage, retail commercial activities, temporary outdoor promotional and sales activities beyond the confines of the principal building, gambling activities (except for raffles). She stated these disallowed uses are also contained in the purchase agreement. Councilmember Neset asked what a property owner's recourse would be if the hours of operation exceeded the approved hours. Community Development Director Hurlburt replied the City's Noise Ordinance would apply. Mayor Johnson asked if their staff worked in the office beyond 11:00 p.m., would that be a violation of the condition. Community Development Director Hurlburt replied yes. Councilmember Slavik questioned why there would need to be 24 parking spaces when the students are transported to the site by vans. Community Development Director Hurlburt replied there needs to be parking spaces for their vans, staff vehicles, and parents' vehicles. She noted that if this was a typical office building, there would need to be more than 24 parking spaces. Tim Geoffrion, Executive Director of Family Hope Services, thanked the City for assisting them in locating a suitable location for their facility. He stated he has offered to meet with Cornerstone Commons and any other developments who may have concerns with the proposed use of this property. He stated they provide services to youth between the ages of 11 and 18 and their parents. Their purpose is to bring hope to hurting youth and families. They work collaboratively with the schools, churches, and other agencies. He stated their programs are primarily on Tuesday and Thursday evenings from 6:30 p.m. to 9:00 p.m., and there are Adopted Council Minutes Regular Meeting of September 23, 2003 Page 8 of 10 approximately 20 to 40 youth in attendance. He stated about once or twice a quarter there would be a weekend activity that could last until 9:00 p.m. or 10:00 p.m. He reiterated that the majority of the youth would be transported to the site by vans; however, on occasion, a few of the high school students would drive themselves or a parent may drop off a child. He stated there is the parent session on Wednesday evenings, and there could be up to 20 vehicles in the parking lot on those evenings. He stated their other TreeHouse facilities are located in residential areas, and they have experienced no problems or complaints. He stressed their intentions are to provide a much needed service in the community, to construct a high quality facility, be good neighbors, and bring hope to families. He requested that their staff be allowed the flexibility to be in the building after 11:00 p.m. Councilmember Hewitt asked how far their vans travel to pick up youth. Mr. Geoffrion replied they travel within a five mile radius of the site. Reuel Nygaard, 3230 Saratoga Lane North, stated he has been involved with Family Hope Services for 25 years, and he continues to be amazed on how the organization has grown to six TreeHouse locations. He commented on the professionalism of the counselors and their excellent results. He state the proposed facility would be an asset to the community. Bill Johnson, a Family Hope Services board member, stated Family Hope Services has great leadership and vision. There are many people committed to supporting youth and families. Paul Youngquist, 3215 Fernbrook Lane, stated he is an architect that assists Family Hope Services on a volunteer basis. He stated the building would have a residential look and would blend in with the adjacent neighborhood. Mary Beth Conzett, 17925 39"' Place, stated she resides in the adjacent development, Orchards of Plymouth. She stated the City has assisted Family Hope Services in locating property for this development; therefore, she feels that the rezoning was a "done deal," and residents haven't had a chance to voice their concerns regarding this facility. She questioned whether this is the best location for this project. She stressed that she is not opposed to the purpose of Family Hope Services. She asked if there have been property valuation studies in the other communities where TreeHouse facilities are located to see if there were changes in property valuations to adjacent properties. Also, would there need to be an increase in policing due to the use of the facility. She stated they are concerned about the hours of operation; however, they are happy to see the hours of operation restriction on the resolution. Lastly, they are concerned about the noise generated from the development, specifically, from youth who choose to drive their own vehicles to the site. She stated they are opposed to the rezoning. Jason Korstange, 865 Brockton Lane, stated he has been associated with Family Hope Services for 10 years. He has visited the other TreeHouses and has met with the youth. He stated this organization is able to offer youth what families and schools are unable to do. He noted the close proximity of this location to the Wayzata High School, and he requested the Council's support of the project. Marge Windsperger, 8640 42nd Avenue North, stated she currently resides adjacent to a TreeHouse facility, and there have been no problems and no police calls. Adopted Council Minutes Regular Meeting of September 23, 2003 Page 9 of 10 Kathryn Benhardus, 9809 Anne Lane, Minnetonka, stated she taught at Plymouth Middle School for 35 years, and there are youth who need these types of support services. She requested the Council to support the project. Rachel Toombs, 3911 Bethel Drive, stated she attended TreeHouse as she had some issues she was struggling with. The staff of Family Hope Services encouraged her to dream and to reach her potential, and she is currently attending a private college. She encouraged the Council to approve their request. Dale Jeske, 8610 Rockford Road, stated he resides in close proximity to another TreeHouse location, and there have never been any problems associated with the facility. Barbara Carlson stated there is definitely a need for this type of facility for youth. She stressed the need for youth to have caring adults to assist them in being productive citizens. The TreeHouse provides boundaries and expectations for the youth. She urged the Council's support for this project. Mayor Johnson commented on some of the issues addressed by the residents. She stated there has been no property valuation study to determine if property values decrease if there is a TreeHouse in close proximity. She stated with Family Hope Services' other TreeHouse locations, there have been no problems where the police assistance was needed. She stated the TreeHouse facilities are well operated and controlled. Community Development Director Hurlburt added that this is not a group home. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Approving Land Use Guide Plan Amendment for Family Hope Services for Property located at 3950 County Road 101 (2003002 — Res2003-420), Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 3950 County Road 101 (2003002 — Ord2003-27, Resolution Approving Findings of Fact for RezoninIZ of Property located at 3950 County Road 101 (2003002 — Res2003-421, Resolution Approving a Preliminary Plat and Final l VU11Ly i UaU 1V1 a11U YV t VO11UU 1VV1U1 k/VVJVV/—NUb/VVJ Condition No. 13 (removing restriction on hours of operation). Mayor Johnson spoke in support of the proposed project as she feels this use would blend in with the adjacent neighborhood. She stated she supports removing condition No. 13 that would place a restriction on the hours of operation. She commented that the guiding and zoning is appropriate, and this facility would an asset for the youth in the community. Councilmember Hewitt voiced her support for this project. She extended her appreciation to Family Hope Services for their services to youth. She stated there is a large need for these services in the community. Adopted Council Minutes Regular Meeting of September 23, 2003 Page 10 of 10 Councilmember Black echoed Councilmember Hewitt's comments. There being no further discussion and with all members voting in favor, the motion carried. 8.3) Appointment to the Planning Commission Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to schedule a Study Session for further consideration of this appointment (this would be discussed at the September 30 Study Session). With all members voting in favor, the motion carried. 8.4) Appointment to the Aquatic Vegetation Management Group Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to appoint Scott Gordon to the Aquatic Vegetation Management Group (Res2003-424). With all members voting in favor, the motion carried. 8.5) Presentation on I-394 Corridor Commission Councilmember Stein reported on the first meeting that was held for the I-394 Corridor Commission on September 18. He state the goal of the commission is to discuss adding a toll lane on I-394 by converting an existing carpool lane. He showed a videotape that explained this new concept. Mayor Johnson stated the Council would add Mr. Sternad's request for a study session with the Council to the September 30 Study Session when the scheduling of study sessions would be discussed. Reports and Staff Recommendations There were no Reports and Staff Recommendations). Adjournment Mayor Johnson adjourned the meeting at 10:00 p.m. Sandra R. Paulson, City Clerk