HomeMy WebLinkAboutCity Council Minutes 06-06-1995MINUTES
REGULAR COUNCIL MEETING
JUNE 69 1995
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on June 6,
1995.
PRESENT: Mayor Tierney; Councilmembers Anderson, Wold, Lymangood, and
Helliwell.
ABSENT: Councilmembers Edson and Granath.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works
Director Moore, Community Development Director Hurlburt, Public Safety Director
Gerdes, Finance Director Hahn, Property Management Coordinator Tabery, Park and
Recreation Director Blank, Building Official Ryan, Recreation Supt. Bisek, Volunteer
Coordinator Anderson, City Attorney Knutson, and City Clerk Ahrens.
ITEM 3 FORUM
No one appeared for the Plymouth Forum.
ITEM 4-A REPORT ON EMPLOYEE MISSION STATEMENT
Assistant City Manager Lueckert read the newly developed employee mission
statement.
ITEM 4-B PLYMOUTH HOUSING ALLIANCE
Mayor Tierney reviewed the history of the Plymouth Housing Alliance which was
formed in the fall of 1993. She stated that by March, 1995, a family of 12
members had moved into their first home. This was a project coordinated by the
Housing Alliance.
Jay Nelson, Co -President of the Plymouth Housing Alliance, thanked the Council
for recognition of their first project. He introduced the board members of the
Plymouth Housing Alliance. He thanked Peter Pflaum and Lundgren Bros. for
their volunteer work on the project construction, and LaDonna Hoy for the
assistance provided by Interfaith Outreach. He also thanked City Housing
Specialist Milt Dale for his assistance throughout the project. He said there are
additional projects under consideration by the Plymouth Housing Alliance.
Regular Council Meeting
June 6, 1995
Page 2
ITEM 5 APPROVE AGENDA
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Lymangood, to approve the agenda.
Motion carried, five ayes.
ITEM 6 CONSENT AGENDA
Items 6-F and 6-J were removed from the Consent Agenda and placed under
General Business.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to approve the Consent Agenda as amended.
Motion carried, five ayes.
ITEM 6-A APPROVE MINUTES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to approve the minutes of the May 2 regular meeting.
Motion carried, five ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-306 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING MAY 26,1995.
Motion carried, five ayes.
ITEM 6-C SET SPECIAL COUNCIL MEETINGS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-307 ESTABLISHING JUNE 12 AND
JUNE 19, 1995, AS SPECIAL COUNCIL MEETINGS.
Motion carried, five ayes.
Regular Council Meeting
June 6, 1995
Page 3
ITEM 6-D CONTRACT FOR GOOSE RELOCATION PROJECT
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to authorize the Director of Public Safety to enter into a contract with the
University of Minnesota for the annual relocation of Canada geese within the City
of Plymouth.
Motion carried, five ayes.
ITEM 6-E ORDINANCE REGARDING CRIMINAL HISTORY BACKGROUND
INVESTIGATIONS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt ORDINANCE 95-30 AMENDING CHAPTER III SECTION
300 OF THE PLYMOUTH CITY CODE CONCERNING CRIMINAL
HISTORY BACKGROUND INVESTIGATIONS.
Motion carried, five ayes.
ITEM 6-G LUNDGREN BROS. CONSTRUCTION (940901
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt ORDINANCE 95-31 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE
NORTHEAST QUADRANT OF COUNTY ROAD 9 AND PEONY LANE
NORTH (94090).
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-308 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT CONCEPT PLAN, PRELIMINARY
PLAN/PLAT AND CONDITIONAL USE PERMIT FOR LUNDGREN
BROTHERS FOR SOO LINE EAST LOCATED AT THE NORTHEAST
QUADRANT OF PEONY LANE AND COUNTY ROAD 9 (94090).
Motion carried, five ayes.
Regular Council Meeting
June 6, 1995
Page 4
ITEM 6-H CELLULAR ONE/WEST HEALTH (95046)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-309 APPROVING PUD PLAN
AMENDMENT AND CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF A CELLULAR ANTENNA AT WEST SUBURBAN
HEALTH CAMPUS, 2855 CAMPUS DRIVE (95046).
Motion carried, five ayes.
ITEM 6-I ZONING ORDINANCE AMENDMENT CONCERNING NON-
CONFORMING USES AND ADULT CORRECTIONAL FACILITIES (95054)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt ORDINANCE 95-32 AMENDING SECTION 12 OF THE
PLYMOUTH ZONING ORDINANCE CONCERNING NON-
CONFORMING USES.
Motion carried, five ayes.
ITEM 6-K THREE STAR TRUCKING, FINAL PLAT (94100)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-310 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR THREE STAR TRUCKING FOR
WALNUT GROVE POND" LOCATED NORTHWEST OF THE
INTERSECTION OF MEDINA ROAD AND COUNTY ROAD 101(94100).
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-311 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 521, SANITARY SEWER AND WATERMAIN AREA,
WALNUT GROVE POND.
Motion carried, five ayes.
Regular Council Meeting
June 6, 1995
Page 5
ITEM 6-L LUTZ CONSTRUCTION. PRELIMINARY PLAT AND LOT WIDTH
VARIANCES (95042)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-312 APPROVING PRELIMINARY
PLAT AND VARIANCES FOR LUTZ CONSTRUCTION FOR
PROPERTY LOCATED AT 15 NIAGARA LANE NORTH (95042).
Motion carried, five ayes.
ITEM 6-M COMPREHENSIVE PLAN AMENDMENT TO ADD TRAILS TO
SIDEWALK/TRAIL SYSTEM PLAN (95028)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-313 APPROVING AMENDMENT TO
THE SIDEWALK/TRAIL SYSTEM PLAN OF THE PLYMOUTH
COMPREHENSIVE PLAN (95028).
Motion carried, five ayes.
ITEM 6-N LAWRENCE BEGIN. CONDITIONAL USE PERMIT (95030)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-314 APPROVING CONDITIONAL USE
PERMIT FOR LAWRENCE BEGIN FOR PROPERTY LOCATED SOUTH
OF 43RD AVENUE (EXTENDED) AND APPROXIMATELY 600 FEET
EAST OF FERNBROOK LANE (95030).
Motion carried, five ayes.
ITEM 6-0 MICHAEL KNUTSON. APPROVE BLANKET SITE PLAN
AMENDMENT (95039)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-315 APPROVING SITE PLAN
AMENDMENT FOR THREE -SEASON PORCHES AT FERNBROOK
MANOR, LOCATED EAST OF FERNBROOK LANE AT 44TH PLACE
NORTH (95039).
Motion carried, five ayes.
Regular Council Meeting
June 6, 1995
Page 6
ITEM 6-P CITY OF PLYMOUTH. REZONING OF PROPERTIES (95053)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt ORDINANCE 95-33 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED IN THE
SOUTHEAST QUADRANT OF SCHMIDT LAKE ROAD AND
NORTHWEST BOULEVARD (95053).
Motion carried, five ayes.
ITEM 6-0 ACCEPTING RESULTS OF THE HUD MONITORING OF THE
CITY'S CDBG PROGRAM
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-316 ACCEPTING THE STAFF REPORT
ON THE RESULTS OF THE HUD MONITORING OF THE CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.
Motion carried, five ayes.
ITEM 6-R CONTRACT FOR 1995 STREET RECONSTRUCTION. PROJECT
501
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-317 AWARDING BID, 1995 STREET
RECONSTRUCTION PROJECT, CITY PROJECT NO. 501.
Motion carried, five ayes.
ITEM 6-S CONTRACT FOR 1995 CRACK REPAIR PROGRAM
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-318 AWARDING BID, 1995 CRACK
REPAIR PROGRAM.
Motion carried, five ayes.
ITEM 6-T CHANGE ORDER NO. 1. 26TH AVE. IMPROVEMENTS, PROJECT
601
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-319 APPROVING CHANGE ORDER
NO. 1, 26TH AVENUE IMPROVEMENTS, CITY PROJECT NO. 601.
Regular Council Meeting
June 6, 1995
Page 7
Motion carried, five ayes.
ITEM 6-U SET HEARING ON VACATION OF EASEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-320 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENTS, LOT 19, BLOCK 2, CITY VIEW ACRES 2ND UNIT.
Motion carried, five ayes.
ITEM 6-V STREET LIGHTING IMPROVEMENT FOR ORCHARDS OF
PLYMOUTH ADDITION
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-321 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, ORCHARDS OF PLYMOUTH ADDITION.
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-322 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, ORCHARDS OF
PLYMOUTH ADDITION.
Motion carried, five ayes.
ITEM 6-W-1 APPROVE WETLAND REPLACEMENT PLAN, SOO LINE EAST
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-323 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR SOO
LINE EAST (94040).
Motion carried, five ayes.
Regular Council Meeting
June 6, 1995
Page 8
ITEM 6-W-2 APPROVE WETLAND REPLACEMENT PLAN, SOO LINE WEST
94162
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-324 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR SOO
LINE WEST (94162).
Motion carried, five ayes.
ITEM 6-W-3 APPROVE WETLAND REPLACEMENT PLAN, NANTERRE
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-325 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR
NANTERRE (94093).
Motion carried, five ayes.
ITEM 6-X CERTIFICATE OF EXEMPTION, WETLAND CONSERVATION
ACT, PROJECT 402
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-326 AUTHORIZING THE MAYOR TO
SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991
WETLAND ACT, HENNEPIN COUNTY DEPARTMENT OF PUBLIC
WORKS, COUNTY ROAD 9 IMPROVEMENT PROJECT, CITY
PROJECT NO. 402; HENNEPIN COUNTY PROJECT NO. 8424.
Motion carried, five ayes.
ITEM 6-Y AMENDMENT TO WETLAND REPLACEMENT PLAN FOR
CAVAN MEADOWS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-327 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR
MITIGATION PLAN AMENDMENT TO CAVAN MEADOWS (93062).
Motion carried, five ayes.
Regular Council Meeting
June 6, 1995
Page 9
ITEM 6-Z SITE IMPROVEMENT PERFORMANCE AGREEMENT
REDUCTIONS AND RELEASES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-328 REDUCING SITE IMPROVEMENT
PERFORMANCE GUARANTEE, BOULDER RIDGE 3RD ADDITION
93013).
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-329 REDUCING SITE IMPROVEMENT
PERFORMANCE GUARANTEE, WEST HEALTH CAMPUS (93068).
Motion carried, five ayes.
ITEM 6 -AA DEVELOPMENT CONTRACT BOND REDUCTION
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-330 REDUCING DEVELOPMENT
BOND, DEER POND ADDITION (89106).
Motion carried, five ayes.
ITEM 6 -BB REQUEST REVIEW OF SPEED LIMIT ON FERNBROOK LANE
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-331 REQUESTING MNDOT TO
RECONSIDER SPEED LIMIT, FERNBROOK LANE FROM 43RD
AVENUE TO SCHMIDT LAKE ROAD.
Motion carried, five ayes.
ITEM 6 -CC PURCHASE OF MANGANESE GREENSAND, WATER
TREATMENT PLANT
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-332 AWARD CONTRACT FOR
MANGANESE GREENSAND, CENTRAL WATER TREATMENT PLANT.
Motion carried, five ayes.
Regular Council Meeting
June 6, 1995
Page 10
ITEM 6 -DD CHANGE ORDER NO. 3. CITY CENTER EXPANSION
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-333 APPROVING CHANGE ORDER
NO. 3, CITY CENTER EXPANSION PROJECT NO. 126.
Motion carried, five ayes.
ITEM 7-A VACATION OF EASEMENTS, 16TH AVENUE NORTH
Public Works Director Moore presented the staff report on the request for
drainage and utility easements within the south half of vacated County Road 6
now known as 16th Avenue North) adjacent to the north line of Block 7, Beacon
Heights First Addition.
Mayor Tierney opened the public hearing at 7:17 p.m. No one appeared and the
hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-334 AUTHORIZING THE
VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE
SOUTH HALF OF VACATED COUNTY ROAD NO.6 (NOW KNOWN AS
16TH AVENUE NORTH) ADJACENT TO THE NORTH LINE OF
BLOCK 7, BEACON HEIGHTS FIRST ADDITION.
Motion carried, five ayes.
ITEM 7-B WINE AND ON -SALE 3.2 LIQUOR LICENSE FOR TROUPE
AMERICA
City Clerk Ahrens presented the staff report on the application of Troupe America
Inc., for a wine and on -sale 3.2 liquor license at the Plymouth Playhouse, 2705
Annapolis Lane.
Mayor Tierney opened the public hearing at 7:19 p.m. No one appeared, and the
hearing was closed.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-335 APPROVING ON -SALE 3.2
LIQUOR LICENSE AND WINE LICENSE FOR TROUPE AMERICA,
INC.
Motion carried, five ayes.
Regular Council Meeting
June 6, 1995
Page 11
ITEM 64 HENNEPIN COUNTY. CONDITIONAL USE PERMIT,
AMENDMENT TO THE MASTER SITE PLAN AND SITE PLAN FOR
EXPANSION AT THE ADULT CORRECTIONAL COMPLEX (95024)
Community Development Director Hurlburt stated she was available to answer
questions on the application by Hennepin County for expansion at the adult
correctional complex.
Councilmember Wold requested that the approving resolution be clarified to
specify "601 inmates", rather than "601 beds".
Mayor Tierney asked if the maximum of 601 inmates includes work release. She
also asked if the fencing on the back side of the former women's facility will be
removed.
Sig Fine, 1145 Shenandoah Lane, Correctional Facility Superintendent, said that
the 601 inmates includes work release. He also noted that the fencing around the
former women's facility can be removed.
MOTION was made by Councilmember Wold, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-336 APPROVING CONDITIONAL
USE PERMIT FOR THE EXPANSION OF A NON -CONFORMING USE,
MASTER SITE PLAN AMENDMENT, AND SITE PLAN FOR HENNEPIN
COUNTY FOR THE ADULT CORRECTIONAL FACILITY (95024), with
the clarification of "maximum of 601 inmates".
Motion carried, five ayes.
ITEM 6-F FINDING OF "NO NEED" FOR WEST MEDICINE LAKE PARK
ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
Jerry Ness, 2480 Hemlock Lane, stated he has lived in this neighborhood for 30
years. He believes that an EAW is needed for the West Medicine Lake Park
project. He stated that the natural drainage has been disrupted with the
construction work done thus far. He doesn't object to the new park, but is
concerned on the impacts. Mr. Ness asked if the road going through the parking
area of the park will be closed to through traffic during hours the park is closed.
He also noted that Hemlock Park has been under construction for over a year and
it still isn't completed.
Dick Milner, 2355 Jonquil Lane, stated that an EAW is necessary to examine
project elements relating to the environment. He believes that some toxic waste
may have been dumped in the park and that should be investigated. The proposed
Regular Council Meeting
June 6, 1995
Page 12
ponds will attract geese, and he doesn't believe more geese are needed in the
neighborhood. He believes that a swimming area will be dangerous, and he
suggested that the impact on the fishermen should also be examined. He said the
existing beach has been polluted and ruined by ice fishermen. Mr. Milner
expressed concerns that the extra weight of the material dumped for construction
in the park could cause hydraulic pressure and cause cracks in basement walls from
the shifting of water. He said that the park creates a dangerous condition for
young children.
Pauline Milner, 2355 Jonquil Lane, said the oak trees have been devastated with
the road work. She said the new road alignment and proposed parking does not
resolve problems at the park. Previously, when crossing the creek on the
footbridge, she would see deer and other wildlife. She said that the silence and
peacefulness of the park will be lost when the park improvements are completed.
She also said that the graves of early Plymouth settlers (Smiths') are somewhere in
the park.
Park Director Blank responded to resident comments. He said that staff has
researched the Smith grave issue. The graves were moved many years ago to
another location. He said that all of the soil borings have shown no sign of toxic
waste. The current roadway contains hard surface that drains runoff water directly
into the lake. The new roadway will have curb and gutter and will drain into nurp
ponds before draining into the lake. This will greatly improve water quality.
Director Blank said that this park construction has been discussed for many years
and three different road alignments were considered. The consensus was that this
proposed alignment was the most favorable, primarily for safety reasons.
Residents previously had to cross West Medicine Lake Blvd. from the parking lot
to reach the beach. The new alignment will alleviate that situation. Once someone
parks their vehicle in the parking lot, they will be able to walk throughout the park
and get to the lake without crossing a street. This was the best available
alternative, and it was adopted following a public hearing. Director Blank stated
that in order for an EAW to be ordered, the residents must prove that the project
would cause a significant environmental impact that has not been considered. He
feels confident that staff has followed steps to make this a cleaner area than
currently exists. He said that some oak trees have been removed from the
roadway alignment; however, the trees were predominantly willow and
cottonwood. The tree removal was bid as a contract. The price for removal was
discounted because the contractor could sell some portion of the wood.
Park Director Blank stated that water and sewer lines have run through this soil for
20 to 30 years. With regard to Mr. Milner's concern that basement walls could be
damaged by the soil pressure, he said there has never been a problem of the
pressure breaking the lines. Also, a soils engineer has reviewed the design
Regular Council Meeting
June 6, 1995
Page 13
standards. He said that a three to four month project delay and a minimum cost of
15,000 is estimated for an EAW, and no new information would be generated.
Park Director Blank said that construction of a swimming beach was a desire of
the neighbors, and the City felt that the existing beach was unsafe because of the
steep dropoff, A shallow swimming beach is proposed, but a permit will need to
be received from the DNR before the project can proceed.
He said that the Hemlock Park improvements entail replacing a playground to
meet the handicapped accessibility standards. The park was opened last fall, but
shut down for a few days recently in order to pour concrete for the handicap
access. About 70 percent of the completed West Medicine Lake Park will be a
passive park area.
Councilmember Helliwell asked if there were a substantial number of neighbors
opposed to this project during the public hearings. She also asked when the ponds
would be dredged.
Park Director Blank said that residents supported and opposed different aspects of
the project. However, the overall proposed project is a consensus. He said that
one pond was dredged about 20 to 25 years ago. The other ponds will probably
be dredged during the winter.
Councilmember Lymangood asked how long this land has been designated as a
park area on the City's master plan. He also asked if there are any endangered or
threatened species on the site.
Park Director Blank explained that the City has been acquiring land for this park
since 1982. No endangered or threatened species have been identified on the site.
Mr. Ness again noted that the main thoroughfare goes through the park. He asked
if there is any possibility this roadway would be closed off in the evening when the
park is closed. He said that this roadway is heavily traveled and a primary access
for residents in the area.
Park Director Blank said there are no plans to close the roadway during hours the
park is closed. The roadway is being constructed at a 30 mph design speed, and
there will be turning lanes.
Mr. Ness explained that there previously was a gasoline station on the site, as well
as other businesses.
Tim Fluggur, 12023 23rd Avenue North, stated that during the public hearings last
year on the park, three plans were considered. He supported retaining the existing
Regular Council Meeting
June 6, 1995
Page 14
roadway alignment which was not one of the three options. He said that many
trees have been removed for the proposed road and parking areas, and dead trees
have been removed as well. Mr. Fluggur has identified 27 types of birds and 4
types of woodpeckers in the park. The number of deer has been reduced due to
the activity in the park.
Bob Demeules, 1749 West Medicine Lake Drive, asked if there will be further tree
removal and if there is a plan to replace trees, particularly to buffer the roadway.
Steve Chase, 1190123 rd Avenue North, stated he understands the safety concerns
relating to development of the park. He said that the Ward 3 Council
representative has not been present at meetings on this subject and has not talked
to a single resident about the park plan. He said the creek is the drainage area for
thousands of acres and he is concerned about runoff. He said there are possible
Indian burial grounds in the park. Mr. Chase asked how a swimming beach will
impact boat traffic, and whether swimmers will be in danger. He believes that an
EAW is warranted due to the many safety issues involved with the project, and
that many points should be clarified before the project is approved.
Councilmember Lymangood clarified several points. He stated that Ward 3
Councilmember Granath was present at several of the neighborhood meetings on
the park issue, as well as an active participant at the recent public meeting on open
space.
Councilmember Lymangood stated that this evening neighbors have expressed
concerns about approval of the park. He said the public hearings and the decision
to move forward with the park design was approved last year. It is not the
Council's task to revisit approval of the park at this meeting. The sole question for
this meeting is whether an EAW should be done.
Staff responded to several resident comments. Park Director Blank stated that the
preliminary project budget includes funding for 300 new trees to be planted on the
site. He said that a new bridge will be constructed over Plymouth Creek. Fill will
be required for that construction and mitigation will be done within the park and at
Kimberly Lane School, which is in the same watershed district.
Park Director Blank explained that a consultant was hired to do a dig on the site
with regard to the Indian burial grounds. That work was completed about two
weeks ago. It was determined that there are no Indian burial grounds in the new
road area or the existing park area. However, it appears there are Indian burial
grounds under the existing roadway. He explained that when the road is removed,
an Indian spiritual leader will be present at the site. The burial remains will either
be buried elsewhere in the park or moved to a new site in a spiritual ceremony. He
anticipated that final plans and specifications for the project will come before the
Regular Council Meeting
June 6, 1995
Page 15
Council for approval by the end of August. He also stated that the site has been
previously disturbed, with a bar, liquor store, barbershop, and number of homes
located previously on the site.
MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood,
to adopt RESOLUTION 95-337 DENYING PETITION REQUESTING
ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR WEST
MEDICINE LAKE PARK PROJECT.
Motion carried, five ayes.
ITEM 8-A ORDINANCE AMENDING 1994 BUILDING CODE PERMIT FEES
Building Official Ryan stated that the State of Minnesota adopted the 1994
Building Code on December 19, 1994, with an effective date of March 20, 1995.
This Code cannot be amended by cities. However, cities are allowed to adopt their
own building permit fee schedule. The fee schedule in the 1994 building code is
substantially higher that the City's present fee schedule.
Building Official Ryan said that in addition to the significant number of code
changes, there have been many new code revisions added and new programs
developed since 1987 which have greatly increased the workload of staff. He said
that many metropolitan area cities have already adopted the 1994 fee schedule, and
he showed a map depicting those cities. He stated that the upcoming issue of
increased fees was announced at the builders' meeting sponsored by the City earlier
this spring.
He recommended that the Council consider three options. Option 1 would adopt a
new fee schedule in its entirety effective Sept. 6, 1995. Option 2 would adopt the
published fees as part of a two phase process similar to the action taken by the City
in 1986. The first phase would represent a partial increase (50 percent of the
published fee schedule) effective January 1, 1996. The second phase would
implement the full fee increase, and would become effective January 1, 1997.
Option 3 would be to retain the existing fee schedule.
Manager Johnson recommended that Option 2 may be the best option. It would
cushion the impact of the increased fees, while gradually phasing in the revenue
increase. He noted that over the next few years, the City will be running short on
land for development and permits will be going down. However, he doesn't
believe the increased revenue is needed in the 1995 budget. Manager Johnson
believes that the increased fees are justified, but that it would be in the City's and
customers' best interest to phase in the increase over the next two years.
Regular Council Meeting
June 6, 1995
Page 16
Manager Johnson presented two proposed ordinances (2-A and 2-B) which would
provide for phasing in the new fees, with half of the increase effective January 1,
1996, and the second half effective January 1, 1997.
Karen Christofferson, 1325 E. 79th St., Bloomington, represented the Builders
Association of the Twin Cities. She was pleased that the Council is willing to
consider a phased -in fee schedule, but requested that action be delayed to give her
an opportunity to work with the Builders Association members on this issue. She
was not present at the builders' meeting in March and not aware of the proposal to
increase fees until a week ago. She stated that the Builders Association represents
all builders, developers, and suppliers throughout the metro region. She has asked
the President of the Builders Association to appoint a task force to work on the
issue of permit fees. She asked that if the Council is unable to delay action, that
consideration of a longer four-year phase-in period be considered.
Mayor Tierney asked if Ms. Christofferson has appeared before other City
Councils on this issue.
Ms. Christofferson responded that Plymouth just happened to be the first City to
propose increased fees since the Builders Association hired her to begin this
program.
Councilmember Lymangood asked if Ms. Christofferson knows of other
communities that have adopted a phased permit fee schedule or decided not to
adopt the proposed schedule.
Ms. Christofferson responded that this is a new program to the Builders
Association. She is unaware of other situations.
Manager Johnson explained that the City must begin its budgeting process for
1996 now. A substantial decline in building permit revenue is anticipated for 1996
if the fees are not adjusted. He stated that building permit fees have not been
increased for eight years in Plymouth, and incremental increases probably should
have been made throughout that time.
Chuck Dillerud, 4100 Berkshire Lane, represented Tony Eiden Company. He said
that other cities he works in, with the exception of Minnetonka, have not increased
their permit fees to the 1994 schedule. He acknowledged that the possible
increase in building permit fees was discussed at the builders' meeting in March.
He believes a phasing plan would be preferable to the development community, but
stated that Plymouth should not amend the fees solely because other communities
have done so. He stated that building permit fees more than cover the cost of the
City's building division and all building functions. He supported a delay by the
Regular Council Meeting
June 6, 1995
Page 17
Council in order for the Builders Association to discuss the needs with staff and to
consider whether a 40 percent increase over a 2 year period is appropriate.
Terry Forbord, 935 East Wayzata Blvd., represented Lundgren Bros.
Construction. He stated his concern is whether the customer is getting service
related to the cost. He stated that Lundgren Bros. expects that the building permit
fees cover the full cost of the inspections program. He would be troubled if a
profit" is being made on building permit fees. Mr. Forbord stated that phasing of
the new fee schedule is the only fair way. He requested that the Council consider
phasing the 40 percent increase over four years, with 10 percent each year.
Manager Johnson stated that he believes the fee increase of 40 percent is not
unreasonable when considering eight years' of inflation in the cost of providing
services.
Terry Forbord stated that he believes the issue is whether the cost of inspecting a
home has increased 40 percent over the last eight years, and whether those fees are
being used for other things besides inspection costs.
Mayor Tierney stated that the level of fees is also a budgeting strategy. She
doesn't believe that the City should rely too heavily on permit fees because the
amount of new construction and resulting fees will be reduced in future years.
Mr. Forbord stated that the increased permit fees will cause the price of homes to
continue to escalate in Plymouth.
Councilmember Lymangood commented on the cost/benefit of government
services. He stated that on an average valued home in Plymouth, the annual City
portion of the property tax is about $375. He noted that there is only one
community in the metropolitan area that delivers city services at a lower price, and
he believes the Plymouth homeowner is getting excellent service for the price.
Manager Johnson stated that new single family building permits have dropped
about 35 percent this year. He does not believe that a 10 percent increase per year
over four years would be adequate to fund this decrease.
MOTION was made by Councilmember Anderson to adopt the ordinances
Exhibits 2-A and 2-B) which would phase in the 1994 building permit schedule
with half of the increased amount effective January 1, 1996, and the remainder
effective January 1, 1997.
Motion died for lack of a second.
Regular Council Meeting
June 6, 1995
Page 18
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt an ordinance (Exhibit 1) which would provide for full
implementation of the 1994 permit fee schedule with an effective date of
January 1, 1996.
Councilmember Lymangood stated that many other communities have already
adopted this revised fee schedule. This information is needed for the upcoming
budgeting process. He believes that a January 1, 1996, effective date is adequate
notice for the development community.
Mayor Tierney expressed concerns about the City relying too heavily on building
permit revenues. She would like the Council to consider the budget impacts over
the next few years and would like to consider the issue during budget discussions.
Manager Johnson stated that the Council could also defer the issue for two weeks,
since only five Councilmembers are present at this meeting.
City Attorney Knutson stated the adoption of this item requires a majority vote of
the entire Council.
Councilmember Lymangood stated that this item was on the Consent Agenda at
the last regular meeting and tabled to this meeting. There are two options
provided, and he would support either of the options in an effort to move the item
along.
MOTION to substitute the main motion was made by Mayor Tierney, seconded by
Councilmember Anderson, to adopt ORDINANCE 95-34 AND ORDINANCE
95-35 AMENDING SECTION 1015, PERMIT PROCEDURES AND FEES,
OF THE CITY OF PLYMOUTH CITY CODE, to implement one-half of the
fee increase effective January 1, 1996, and the remaining half of the fee
increase January 1, 1997.
Motion to substitute carried, five ayes.
Main motion carried, five ayes.
ITEM 8-B SUMP PUMP INSPECTION PROGRAM
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-338 APPROVING SUMP PUMP
INSPECTION PROGRAM.
Motion carried, five ayes.
Regular Council Meeting
June 6, 1995
Page 19
MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney, to
adjourn the meeting at 8:43 p.m.
Motion carried, five ayes.
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Laune F. Ahrens
City Clerk