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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. 4 z Z. zzz:,' Laune F. Ahrens City Clerk