HomeMy WebLinkAboutCity Council Minutes 09-27-1982 SpecialMINUTLS
SPECIAL COUNCIL MLE1.iNG
September. 27, 1982
The special meeting of
order by Acting Mayor
Chambers of, vhe C..q
September 2fp 11982.
the F.ymouth City Coeincil was called to
Schneider at 7:30 p.m. in the Council
Center at 3400 Plymouth Boulevard on
PRLSLNT: Aetv`,g Mayor Scheeeider, Coinieilmembers Moen, Neils,
0 Threinen, City Manager Willis, Assistant City
Manager Boyles, Planner Tremere, Engineer Moore, Park
Director Blitnk, City Attorney Lefler, and City Clerk
Houk.
ABSENT:. Mayor Davenport
CONSENT AGENDA
NOTION was made by Counc.ilmembe:r Noeee, seconded by Counci imnmber CONSENT AGENDA
Threinen, to approve the consent agenda with the exception of Item 4
Item 7-C which was removed.
Hut 1011 carried on a Roll Call vote, four ayes.
Act ,Lrig Mayor Schneider added item 7-D, a Request from Luexlyren
Brothers representiteg the City of Minneapolis with regard to
development of the Mineeedpolis workhouse property re3ldt• i nq to an
LAW versus an EIS.
Ml+—
NOTION was made by Coueee:i (member Moen, seconded by Counai lmEwher HINUTLS - REGULAR
Thre.Lneee, to approve tht miitutes of the regular Council meetiety MELTING, SLPT., 20
of Septewber 20, 1982 as submitted. !tem S*
PRLSLNTATION
Comie Scutt, Human Rights Comm.lss.tuee Chairman, introduced the PRES0TATION - HUMAN
uwissioner,% to the Council. She stated that ore L.1y 23 the RIGHTS AWARD TO C1TV
Plymouth Humane Rights Comm.iss.ion was awarded a Certificate nef COIINCILMEMBERS
Cummendat.iun by Guvereeur Qu.ie fur its part ecipat.iuti iie they No Item 6-A
Fault Grievdnce process. She prose rited this Certificate to the:
Cuuncil i•nd thanked thrm fur the upportumi ty to make this award
possible. She also thanked the Commis.stoiiers for their work d9li
i ;job well dune.
A%tireg Mayor Schneider ice:eypte:d the award on behal r of the?
Council and thanked the Commiss.iotiers fur their time and effort.
Since thte:rt were no members of the Mtxlici.ne Lake. Garden Club PIIESLNTAT.ION -
preaeiit to acctVt the award for their work on the City Center MIPIC1NL LAKL GAROLN
garden, Actitey Mayur Schrie Wer asked that it br held until .i CLUB
Idte:r mee:t.ieeg. item A -n
l l!
Special Coutic.il fleeting
September 27, 1982.
Page 262.
Ac'Wgj Mayor Sobneider read a resolution recognizing the third
dniludl Volunteerism Fair at Broukdale: Center on October 2 and 3.
N0710N wds made by Acting Mdyor Schneider, seconded by RESOLUTION N0.82-518
Cuutic.ilmember Neils, to adapt RESOLUTION N0, 82-518 AE -COGNIZING RMNIZIM WOK W'
ACHIEVLHLNT OF COMMUNITY VOLUNTEERS. COM"ITY VOLUNTEERS
Item 6-C
NuX1U11 cdrrted up d Roll Call vote, four ayes.
PULTlONS, REQUESTS AND COMMUNICATIONS
MCT1ON was made; by Counctlmember Moen, seconded by Councilmember RESOLUTION N0r82-519
71%Cerinett, to adopt RLSOLUTION NO. 82-519 AUTHOR.I'Z[NC SUBMISSION
fir 1983 LAWCO4/LCM R GRANT: WEST MEDICINE LAKE CITY PARK - LAND LCMR GRANT
ACQUISITION. SUBMISSION
Item 7-A"
Mut loll carried un a Roll Call vote, four dyes.
MOTION wab made by Couiicilmember Muen, seconded by Councilmember RESnLL'TInN NO.82-520
Threineit, to ddupt; .tRESOLUTIONNO. 82-520 ACCLPTING BID, PROJECT C C
206 - 3l4H AVE. WAFLR14AINO PROJECT 209 - DNR TRAILHEAD PROJECTS 2089 2099
WATLRMAIN, PROOLCT 210 - WELL N0. 7 WATLRMAIN, AND 210 WATERNAINS
Item 7-R*
140t.1011 cdrried u11 d Roll Gall vote, four ayes.
Couitetlmembe:r Neils dbked Pl.tnner Tre:mere why the reduction of VISION OF GLORY
0*- ldiilbudpe: bund for Vision of Glory Church was be t nq proposed CHURCH
1"ur $5,000 when the plantings hdd been iii the ground for only Item 7-C
three: munthbe Planner Tremere answered that he believed $5,000
rias ddequdte to insure that the plantings would survive the
wi.itter. This is d mdU er of judgment but he feels it is enough
to pru%tde d1l ddrqudte! i;lceiittior to the church to replant any
dead trues.
Cuuitcklmermber Neils btdttd she didn't believe $5,000 was enough.
MOT ION wds mdde by Cuuiict !member Ne.t.l s, seconded by RESOLUTION N0.82-521
CUu11CLIme:mbe:r Threiiieno to ddupt HLSOLUTION N0. 82-521 SITE PERF
AUTHORIZ.INC HLLEASL OF SITL PLRFORMANCL GUARANTEE FOR VISION OF GUARANTEE RELE.ASL
GLORY LUTHERAN CHURCH (80050). VISION OF GLORY
Item 7-C
MULLU11 %;drriud un d Roll Call rote, four ayes.
MOTION wdb mdde by Coui-ic t lme:mbe r Nei 15 secondedby RESOLUTION N0.82-522
Cuwtct.lmember Threknen, to adopt RLSOLUT ION NO. 82-52? ST YE
AUTHORIZING RLDUCTION OF SITL PLRFORMANCL GUARA14TLL FOR VISION REDUCTION FOR VISION
OF GLORY LUTHLRAN CHURC-I (80050) fur 1dndscriptray to S10,000.00. OF GLORY
Item 7wC
Merie Oohitbuii, CI-dirmdn of titer pldiit irxl committee Iron Vision of
ury. Churche stdttxl that the Lutd.l cuittrdct Ivor the pldatigs
wa.+ lesis thdn $59000. He cdnr ut seep why Ice* is bei req asked to
buoid fur $10,000.
ISIt
Spealal Coute.il Meettiiy
September 27 , 1982
Page 263
Planner 1'reimere stated that he understood there was a
subst ant.x al. amount of vo 1 untee r 1 abo r going ,into this
lartdacaping which kept the dollar amount down. Mr. Johnson
answered that cite sod was laid by volursteers but none or them
were involved in the pldnt:e.rm of trees.
rounc.ilmemfber Neils stated she still believed a larger bond
e*autit is needed to assure site improvements are completed.
MOTION was made by Acting Mayor Schneider, seco by
Councilmember Moen, to amend the resolution that to reduce the
bond to $5.000.00.
Not ion to dw-nd failed, two dyes. Counci lmeimbe rs Neils and
Thre.inen voted nay.
MOTION was made by Act treg Md)or Schneider, seconded by
Cuunc.tImemibeer Threlnen, to ameeitf the rewlution to reduce the
bund to $7,SQO.00.
Nut -Lan. to amend passed, three ai es. Councilmember Moen noted
n d.y .
Mdiee motion as amended passed us, a Rol: Call vote, three dyes.
Coueted-member Moen voted nd) .
Maiedge: W11115 stated that this item is s request rrem the City
of Mtnne.,polvs represented by Luiedgren brothers to aporovIP an
Leet/ i ronmeietdl Assessm mit Worksheet ( LAW) for the Minneapolis
wurkhuuyer property tuii.ight instedd of are Lnviroeeneenta.l Impact
Statement (EIS) which will be required under new Environmental
Quality Board rules gutity intu erfevt On September 28.
Mdiedger WL -1115 stated lir hdd rtCeL%ed a letter frum Mike Prldum,
representing Uindgren, requesting that the Council consider this
Item tonight. it would invul%er dpprut•teeg the LAW prior to the
bubmiss.iun or the proposed Cueecept plan, its review by either
the start, Pldnn.t+ig Ceasimtss tun, dnd Counc i 1. The policy hay
previously beeeie for LAWa to be re%-iewed by the staff drier
preliminary plat approval.
A-tak Sdthre, Sdthre-Berquist, lees., stated that the LAW the
uunci was presented with wds v miipleted d5 tt would be ror dny
Other project.
Peter Pflatem stated that Lueidgreee is nut the oweeer of the
proper'ty;"Ifiey have an option on it. As part of the opt ioei the
City of M1e11iNdpolib dsked them to du the concept plan. They
round out on.l) two weeks d90 that there were new reqjl.at ions
gu.iny into errect tomurruw which would require an ELS on their
project and this peersirsi taterd the last miieutee request for
dppruvdl of their LAW. The Lnv.ironmentdl Qud.li q Board (LQB)
previously Only irequ.ired an LIS on large projects. The eteew law,
huwover, would require .it oie all urojects of over 600 detached
or 900 a.t w%ed dwelllrey uiiits.
RFOUEST FROM CITY
OF MINNEAPOL IS
LAW VLRSUS US FOR
1ISSION PROPLRTY
Item 7-D
I/sfl
Spee.al Council Meeting
September 2.7, 1982
Page 264
Kr. Pflaum stated that the difference between an EAR and an EIS
s the vast dmtrurit of money and time involved to complete.
Approtral by the Council tonight of an EM would mean they would
nut be: required to submit an EIS. He knows than the City staff
has not had time to study the EAW thoroughly, and no development
pidus halve been submitted, but if the City dect.ded an. LKS was
required later, tiie City of Itinneapol-i s agrees to do l t,. A
delay Op 0119 yedr to finish the EIS would tie up the property
urer4ecessari ly. aid add to the cost of the lots ultimately. He
st.dt.ed he re.al.tses this is going around the Council's usual
procedures, but feels because of significant costs and hardship
involved the Courtct.l should corisader it.
Cuurtci.lme+mber Thre.tnetr asked who usually accepts an LAW.
Mdttaver bill L.t.s Stated LAWS are usually prepared by the
petitioner aid are reviewed by the City which submits them toi
the re nju.tre"d State agencies. The City Planner then "signs off"
on .it, ort behalf of the; City which is the responsible agency.
The LAW is open for d 30 day review and comment as to concerns
rsem other agencies And the public.
Cuunc.i.lmember Threroan stated he understands that if an EIS is
considered to be d necess-ity, M.tnnea;k.l.ts Will provide i t .
Otscussion followed ort when the LAW for the M.tss.lon property wds
completed did how many units were included in the proposal.
Cuun4tlme:mbe:r Neils pointed out that in other LAWS suhmitted by
Plymouth .tot the: past, rto L ISS were required.
City Atturne:y Lefler stated this is an e:straurd.indry request.
Under current City prdcttce the City Pldnrier is the one who does
s.ion off" tile: LAW. Lt thl;rt would go to the LOB Wr rev.ie3w.
the public tb .invoive.d in that it 500 persons, :.igrt a petition
requesttttty art LIS, the: LOB Will hold a hear.irty on whether or not
LO require. drt LIS. He would rursee that it oajections were
tiled by .rely dgency or the public, and hear i ngs roll owed, the
City of Plymouth wuuld prubdb.ly decide not to get involved and
let the C.tty or M.tnitedpults dere nd themselves. Lr .it wds
determ.ned that all LLS was necessary, the Cit) of MLnrteapu l i s
will pdy for it. He stated Ire duesrt't feel the City or Plymouth
wuuld be tdktrttl any legal risk in Nruceeding with the request to
dppruvu the, LAW.
Act -tog Md)-ur Sclute.tder made the point that there are more
sign itkarst developments tri titer City which would rtot require an
LIS dnd he quest.turte.d what bLis t a there was rur deny t rig this
request for all LAW dppruvd.l.
s
Mdridger Willis stated that if the rules had not been changed, an
LIS prubably wuuld rtot be: re.quire:d. Stdrf stdteul that they have
slut rrv.ie y -,d the, request and dun't recommend approval. 'If the
Courted wdnred to dpprvve the LAW, Mandger Willis suggested that
d. membei' or the Counc..l sager off the st:dtesmertt. He duesn't
believe: Ule. requested act.iurt is responsive to current. St ite
r
sit
SOMA Corr MAI Meed rq
September 27, 1992
Page 265
pldodget Willis added he has no fi m knowledge of what the
developer -is proposing. The graphics in the proposed LAW are
not even the same as those concept drawings Vresented by
1011rtneapolis several years ago and there is no essurdrtce that
this is a tindl proposal.
Cuunc.ileembe.r Thre.inert asked if i t must be signed off tonight or
merely received by the City for review.
Hugh !Id nerd, attorney representing Luixlgren, answered that he
contacted the LQ9 and explained the situation. He was told that
if the LAW wds in the nail by mi(Might tonight, it would sleet
their deadline.
Mdltag+er Willis stated tie didlt't believe it was fair to risk the
City to approve the LAW when the Plann.t 119 Cummiss iun haslt't even
seen a concept pidlt. The staff has no way of knowing what the
pus,stble impdat may be.
0uuoicilmember Neils asked thie Mdlii9er if he could foresee any
hVgdt.ive= tmp.ti;ts. Mdlldgcr W.tll,ts d1ibwrrW LIIaL hr viuuldlt't k11ow
uitt it he saw a plan.
Planner Tremere stated lie hdb briefly reviewed the LAW but
cannot make any judgment until he sees a plan,
Mr. Maynard presented the Councit With d copy of the cover
letter which Ras submitted Friday to the LQ9's publ.tcdt iolt, the
MUll.ltUr in allttuLpattoit of the Coulietl's dppruvdl tonight. Me
sLdted he is st tl l request,tlly the Cuuiic i l 'ti as i t wuul d
ltut put the Cuuneti tit an adverse putitttut 00th the State, if
ill LIS .t.s warranted, the; City of MtI111e11110Ilb wt)tlld pay for it.
They simply durl't wdrt: to be forced to prt•I)arr u1110.
Mdridgee Wil l.ts again :,tdtrd that the !t.11 I %iut•511't watt to force
Lite devft10JV • Lo take: oil add.tt.una,l expen!w. He does believe,
Ituwever, that this ib dii uitreasotidb le regtu: st dowl urged the
Council not Lo appruver i t .
Rick Satiate, stated the detieluper is look iii at Lolld winch is
guided Fut• residential use ditA this document doesn't have to be
plait specific. the only pussible tmpdct to the esi`it•unmeott is
tit the areas of traffic 1'.luw dltd storm water runuff. Plymouth
hda ddegtsttely dddre:ssed the impdet of de %e 1upm:lit til its
p1diot.ing over the past ttil years and this proposal woulchi't
df le ct; previous p1drut.ttty.
Peter Pflclum stated Lhdt eiW rebult merits LAtrty ehty course.
They ;re stmply dttempt ing to ,rvutd h%iv tixj Ica crlmp.letea' all I.IS
which would ratse Lite cost ul' the ldlxl in the: develupmeltt evert
Lhuuyh the project i s itut e'ivii11(ler t rty the City of P 1)mout h.
AutAnq Mayor Schneider dske:l how the City At to rite) wuti 1 tl
interpret tilt; letter from the :it) Cuurdiiidtur of Mlikike.hpulis u11
who would make the dectstuo t'h.Jt da LIS is required.
5i/ 9
Spe4t al Count .i 1 Neet i ng
Septemtw.r 270 1982
page 266
City Attorney Lefler answered that the Council of the City of
I4.111tit-dP0.1,95. would hdveY to pay, the cost i f the City of Plymouth
desclded an EES is required*
ACC inij Mayor Schi etder pointed
thio tonight would not preclude
or Counc.i l Maki rig arty changes or
of they developer.
out that the act of approvinq
the City's Plasintrtg C011101ission
amendments in the Concept plan
City Atturripr$ Lefler stated that the City is urrd,•r no risk .in
approvintj 2h.ts project aril the- Council gild take any action it
detaictes necessary tit the future to make changes in the plan.
Pldrirter Tremere stated that under the present process several
Shite dgericies review the LAW drill any could challenge it,
re.%ulung 'tit dct LLS. To date, tht City has liar successful in
respoi rl i ng to chill .lenges and information requests because the
atdff has had speckf to knowledge of the projects with the
appruve}d plans. He explatrted the LAW is the City's
rebpuitsibility and the prucesa is based on the premise that the
f.ity hd:! the techrttedl and tactual basis for making the findings
lit dii LAW - titclud.tny the finding that no LIS is deeded. In
tills ease, tilt stiff has no detailed plans to back up any
puteiittdl ch,el.lt:tiges to the: LAW if they occurred. He stated he
feels thts ib redsun enough to deny tl e request.
CuurIf. tlmembe+r Thre'.trtert stat"d since staff disclaims
realtuitbtbility, lidsrt't rev-Le:we:d the plan, strict the rtew law wdzi
1'utcad uit the de %eluW.tr by to:e st )te dnd riot the City of
Plymouth, attd there were: prebumdbly sound reasuris for the iiew
rule, lie thllil;s thts L.AW would be subject to cholleitye because
the C t ty ib loiaic; i dtdii't s tyii of r the re;purt.. Pe asked i f .tri
extritbLU14 lidd beeii applied for,
Mr. MdytI.trd btattcl no extenstuii wa% asked Ni by t.Item but hey
d.idn't by i t t vi 1itie would be: granted.
Pvte;r Pf Laum stated that Lurtdyrer Bruthecs belteveb it will take
ytx t.0 utile. months to get appruva.l from the City. As soon as
tl e pruperty has cuticept approval from the City of Plymouth,
M.iiiiiedpulib will try to sell the land. If dii LIS were required,
it would prubdbly be bix mutiths befuria the develuper could
submit a prelimumt-y pldt.
Cuurivitmember Murii .i:,ked tf the City could ask for art LIS at art?
time. Ctty Atturitey Lurier .inswered that the Courtc:il c ou.la
I-equi rN art LIS ally time they felt it way necessary,
Aut arty Adyur S4hne We?r 5tdted thwit if the Coors i l should approve
the. LAW, tit, would stiyyrst that lie be dire c.trNl to sign it.
M
Spr u al Cowell Meeting
Septedber 27, 1962.
Page 267
MOTION was made. by Councilmember Neils, to aeopt a resolution
directing the Acting Mayor to saga the LM with d negative
declaration for the planned development for 'the City of
Minne-apolxs for the following reasons: 0 This is a unique
satuation wh.tah will not likely be seen again; 2) the City
Attorney has assured that there is no legal risk to the City;
drill :) the City of Mtnnedpolis has indemnified the City of
Plymouth at an US is sub:.equen tl y required.
Notion dies for lack of d second.
Acting Mayor Schneider stated he .is aware teat the developer was
snider a time constraint but he felt the entire situtation should
bt mom open to the public. He doesn't believe the Counc i l
should pass on something ttwa staff or Planning Commission hasn't
Well.
Peter Pflaum stated thd: this is a classic example of what is
incteas.ing the. cost of huabing III Plymouth. He asked that the
COW1.011 MAC a statement to the City of Nannedpolis so they know
why the Council took the dot toil they took. He asked that the
C.i ty tr) to make .0 ds rdsy ds pons ible for the LIS to proceed.
Mdii.uger Wil lis stated thdt City std[ f will work as cooperatively
d5 posb.ible to expedite any pruceas which is required. They
would like to see devetopmeiit stdrted d.rid staff will be
dvdllable at any tune to help.
MOTION ads made by Couiscilmember Ne , ls, seconded by Act my Mayor
Sutuielder, directing stdrr to correspond with the City
Courdlndtur of Minaedpultb expldint.iiy the Council's action.
Notion carried, four dyes.
RLPORTS_ OF OFF KERS, BOARDS AND COMM) SSIONS
Mdridger Willis stated that public improvement projects dre
atdrting to move towdrdb cumplet.iun.
l.ugineer Moore stdted that last month ads the first month the
C.io, started drawing money on .letters of credit. Five of the
bio develuptrs f'inj5hed their %terk, only une project hdd to be
completed by the City fur the dieteloper.
J.im Olson, consulting eng iiieer, stdted thdt the Oxbow Ridqe
project will, probably be ten d.4,)s late tit comnietiori because of
the weather.
Cuunc-tAmember Thri-.iiirii dsked if d contrdetur didn't meet this
bpeas, would the City cunyider this during bubsequent. hidd.i nq.
Jim Olsoii answered th.it it wu.ild depend un whether there aa:, d
deliberdto attempt to defrdud or whether .it ads do oversight in
4he spew.
PUBLIC IMPW)VCMkNT
PR03LCT STATUS
REPORT
Item S-A
I/Sll
Shirt:-Ldl Council Meeting
Septembe r 27, 1982
Paye 266
Diiscusston followed on project 012, well No. 6, and the problems
uccurr.tttg beeduse of rturtcQMPIIdnet wuh City specs. Manager
Wt.11.ts stated that _tft the .inspection process this probably would
hdva bevi noted even if the work hadn't "cavtd trill. Engineer
Nvure statedthat the repdtr work done by the Maintendnce
Depdrtment w.tl.l be charged to the contractor. MdUdger Willis
stdted that there is d performartce bond on this project .in
addt t ion to the percent dge of payment which .t s st ,il 1 unpaid to
the cuntrcWtur.
Otu:usa.tun wds held un other projects dnd project inspections.
Cuunc.tlmember Thretnen reported that the Planninq Commission has
um, Luncertts wti,h the green strips the Council is plannitxq to
rttsartt to the dbutting property owners. One of these concerns
ty that they weren't told about the procedure.
As.s.tstdtet Ctt) k:irtdger Boyles expIdined the prucess of returning
the Idtid to dbuttimj property owners. Councilmember Threinen
xuked that tilt PId.rtttttty Cummtystun see the stdff reccame nddt ions
hefure the Cu1111etl acts Ott them. Mdnd(jer Willis stdted that the
purpuat or re tura i tty the land ods to g tVe away property which
Lite City ednttuit mdtntdin.
ldttdyer W.tl .l t 4 stdted this item w, i .t be tin the dgettda "or the
JULIA CUU11Cll/Pldtttt.it1y Cumm.tsslull to!eting schedutetI for October
lie
Cuut.tt.tlmember Thre meet %tdted that C.L.L.A.N. is looking For
sctpWrt tram tilt Cit) for dmundm ist-, are proposing to the
Wdstt; Mdndgemeitt Board. He stated fret will get tt list al' these
dmeittdmuttLs to the City Mdttdg r.
C.L.L.A.N. hay rmquebted thdt prupert) umerb btp nottrird of tilt-
sttUdttutt .+ttlt the Wd,!bte 14d1kiyement Budrd and do tnvetttctry of
tilt stte be uuttducted with respect to empty bui.ldm(l5 died lots
dttd cutteertted dreds such as the wet 1 f telds.
Mattdyrr Wil.lts stdte(t h s cuttt:ertt vith the reldttunship between
atdff dttd C.L.L.A.N. He bel.tewta the C.tty's restwnsibtl t) is
to rdtye: tbaue b it wants to prebent but the staff is ttut a
rtdjimict to C.L.L.A.N.
Asytbtcm%t Mdtt.iyer klub les reported on the status of Cot.atctl
di re:e.t ivies to staff. Noi action wdb taken by the Council.
OTHLR BUSINESS
At,t tits Ma}ur SLhaeide:r stated there a.e. urobdbl) chdrteles in the
budyrc as prt.-wetted .titd dskt:%l how the Cit) Mdnayer proposes
sett ttty u t tttd.l budeirt dduptrd utt Mutid.t) .
CCR RI- PORT S
tem 8-8
CITY COUNCIL
D IRECT IVLS
Item 8-C
OTHLR BUSINE;'iS
IIS//
Special Council Meet,. ng
September 27, 1982
Page 269
Manager Willis explained that a list of the Council's proposed
chdnges should be given to 'aim. Copies will be made For all
Cuuncilmembers. These will be discussed at a budget study
session scheduled fur 'Munday, October 4 at 5:30 p.m.
Nark D.irev.Lor Blank stated that PRAC is looking at upgrading
some of the: City's older neiohb xhood parks next year. They are
dJ w looking at Future park land with the .idea of developing one
park per year.
The meet ung adjourned at 10:05 p.m.
ty
8