HomeMy WebLinkAboutCity Council Minutes 07-19-1993MINUTES
REGULAR COUNCIL MEETING
JULY 199 1993
The regular meeting of the Plymouth City Council was called to order by Mayor Bergman
at 7:05 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on
July 19, 1993.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and
Vasiliou
ABSENT: None
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Acting Community Development Director
Ryan, Public Safety Director Gerdes, Finance Director Hahn, City
Attorney Meller, and City Clerk Rauenhorst
ITEM 4-A PROPOSAL FOR COMMUNITY COLLABORATION COUNCIL
WITH SCHOOL DISTRICT 284
Jim Brandl, Director of Community Education Services for School District 284,
presented the proposal for a Community Collaboration Council. He stated the task
force's initial task was to examine the possibilities for collaboration regarding the
need for space with the school district, but expanded to a broad goal of examining
the physical, emotional, and learning needs of families. He introduced Task Force
member Gary Swedberg, and requested that the City Council accept the
recommendations of the task force and appoint members to the Collaboration
Council.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Edson, to accept the recommendations of the Community Collaboration Task
Force, and to appoint Councilmember Tierney and City Manager Johnson to the
Community Collaboration Council.
Motion carried, five ayes.
ITEM 5 APPROVE AGENDA
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to approve the agenda, moving Item 8-C regarding Baton Corporation
ahead of Item 8-B.
Mayor Bergman stated that Item 8-C is recommended to be tabled.
Regular Council Meeting
July 19, 1993
Page 2
Motion carried, five ayes.
ITEM 6 CONSENT AGENDA
Item 6-H-2 was removed from the Consent Agenda.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to approve the Consent Agenda as amended.
Motion carried on a roll call vote, five ayes.
ITEM 6-A APPROVE CITY COUNCIL MINUTES
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to approve the minutes of the July 12 Study Session.
Motion carried on a roll call vote, five ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-393 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING JULY 9, 1993.
Motion carried on a roll call vote, five ayes.
ITEM 6-C REQUEST BY HENNEPIN COUNTY HRA FOR APPROVAL OF
HAMMER RESIDENCES REQUEST IN THE COMMUNITY PROVIDERS
PROGRAM
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-394 APPROVING THE
IMPLEMENTATION OF A HENNEPIN COUNTY COMMUNITY
PROVIDERS FINANCING PROGRAM
Motion carried on a roll call vote, five ayes.
ITEM 6-D RENEW STATE CONTRACT FOR RADIOLOGICAL RESPONSE
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-395 RENEWING STATE
CONTRACT FOR RADIOLOGICAL RESPONSE.
Regular Council Meeting
July 19, 1993
Page 3
Motion carried on a roll call vote, five ayes.
ITEM 6-E AUTHORIZE REMOVAL OF TEMPORARY CUL-DE-SAC AT
9880 31ST AVENUE
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to authorize the removal of a temporary cul-de-sac on the Marin property
at 9880 31st Avenue.
Motion carried on a roll call vote, five ayes.
ITEM 6-F APPROVE METROLINK CONTRACT EXTENSION WTHR MTC
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-396 APPROVAL OF PLYMOUTH
METROLINK CONTRACT EXTENSION WITH THE MTC AND ITS
SUBCONTRACTOR, MORLEY/NATIONAL SCHOOL BUS COMPANY,
INC.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-397 ORDERING PUBLIC
HEARING ON THE PROPOSED VACATION OF A DRAINAGE
EASEMENT FOR PONDING IN OUTLOT E, NORTHWEST BUSINESS
CAMPUS
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-398 ORDERING PUBLIC
HEARING ON THE PROPOSED VACATION OF A PORTION OF THE
RIGHT-OF-WAY OF ANNAPOLIS CIRCLE IN NORTHWEST BUSINESS
CAMPUS
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
July 19, 1993
Page 4
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-399 ORDERING PUBLIC
HEARING ON THE PROPOSED VACATION OF DRAINAGE AND
UTILITY EASEMENTS IN LOT 3, BLOCK 1, NORTHWEST BUSINESS
CAMPUS 6TH ADDITION
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-400 ORDERING PUBLIC
HEARING ON THE PROPOSED VACATION OF DRAINAGE AND
UTILITY EASEMENTS IN OUTLOT A, NORTHWEST BUSINESS
CAMPUS 7TH ADDITION
Motion carried on a roll call vote, five ayes.
ITEM 6-H APPROVAL OF PAYMENTS
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-401 REQUEST FOR PAYMENT
NO. 6 AND FINAL, DEEPWELL NO. 11, CITY PROJECT NO. 909
Motion carried on a roll call vote, five ayes.
Councilmember Vasiliou stated that the homeowner association affected by the
Weston Lane Drainage improvements, Project 130, has asked the City for the last
six months to complete the grading on this project so they can complete the
landscaping. She stated the grading has been completed but there is some dead
grass. She wanted to know if this is acceptable.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to
defer the request for Payment No. 3 and Final, Weston Lane Drainage
Improvements, Project 130, until the staff reports back on the status of the grass.
Director Moore stated the project did not include tree planting; however, the
contractor has completed the vegetation work. The trees should be planted within
the next three weeks.
Motion carried, five ayes.
Regular Council Meeting
July 19, 1993
Page 5
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-402 REQUEST FOR PAYMENT
NO. 4, BRIDLEWOOD FARMS 2ND ADDITION IMPROVEMENTS,
CITY PROJECT NO. 206
Motion carried on a roll call vote, five ayes.
ITEM 6-I APPROVE CHANGE ORDER NO. 2, BRIDLEWOOD FARMS 2ND
ADDITION IMPROVEMENTS, PROJECT NO. 206
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-403 APPROVING CHANGE
ORDER NO. 2, BRIDLEWOOD FARMS 2ND ADDITION
IMPROVEMENTS, CITY PROJECT NO. 206
Motion carried on a roll call vote, five ayes.
ITEM 6-J PRELIMINARY ENGINEERING REPORT - FERNBROOK LANE
IMPROVEMENTS, PROJECT NO. 907
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION NO. 93-404 RECEIVING REPORT AND
CALLING FOR HEARING ON IMPROVEMENTS, FERNBROOK LANE
45TH AVENUE TO SCHMIDT LAKE ROAD, CITY PROJECT NO. 907
Motion carried on a roll call vote, five ayes.
ITEM 7-A PUBLIC HEARING ON ADA COMPLIANCE
Assistant Manager Lueckert presented the Americans with Disabilities (ADA) Act
Accessibility Self -Evaluation prepared by Julee Quarve-Peterson, Inc. She
explained that compliance with the requirements of the ADA is a four -step
process. The first step calls for an examination of the city's programs and services
to determine how accessible these are to persons with disabilities. The second step
is the evaluation of all city facilities and buildings to determine the degree of
compliance with the physical, facility -based ADA requirements. The third step is a
public hearing on the results of the evaluation, and the evaluation study provides
the basis for a transition plan to make all facilities fully accessible and in
compliance with ADA plans. She recommended that following the public hearing,
the City Council adopt the study and evaluation developed by Ms. Peterson and
direct that ADA required language be incorporated in city publications and
documents.
Regular Council Meeting
July 19, 1993
Page 6
Mayor Bergman opened the public hearing on ADA compliance at 7:20 p.m. No
one appeared, and the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-405 APPROVAL AND
ACCEPTANCE OF ACCESSIBILITY EVALUATION FOR THE CITY OF
PLYMOUTH, AND DIRECT THE INCLUSION OF ADA REQUIRED
LANGUAGE IN CITY PUBLICATIONS AND DOCUMENTS.
Motion carried on a roll call vote, five ayes.
ITEM 7-B GENERAL OBLIGATION HOUSING DEVELOPMENT BONDS
Bond Counsel Dan Nelson, Best & Flanagan, recommended that the City Council
consider a resolution authorizing the pledge by the City of Plymouth of its general
obligation backing to the Housing and Redevelopment Authority's proposed
6,000,000 Governmental Housing Project Bonds. He stated the bonds will be
issued to provide financing for the HRA's 99 unit senior apartment project. He
explained that the general obligation backing by the City is permitted under state
law so long as the project is projected to show net revenues equal to 110 percent
of debt service on the bonds and qualifies as either a low-income or elderly project.
Manager Johnson stated that the City Council resolution authorizing the pledge of
its general obligation backing to the HRA's bonds would be the final action to be
taken by the Council for this issue.
Mayor Bergman opened a public hearing at 7:21 p.m. on the issuance of General
Obligation Housing Development Bonds for a senior citizen housing project. Nc
one appeared, and the hearing was closed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION NO. 93-406 AUTHORIZING THE
ISSUANCE OF UP TO $6,700,000 AGGREGATE PRINCIPLE AMOUNT
OF HOUSING DEVELOPMENT BONDS TO BE ISSUED BY THE
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY AND
APPROVING THE PLEDGE OF THE GENERAL OBLIGATION OF THE
CITY OF PLYMOUTH TO THE PAYMENT OF PRINCIPLE AND
INTEREST ON THE BONDS.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
July 19, 1993
Page 7
ITEM 8-A PETITION FOR NATURAL PRESERVE - 5260 YORKTOWN LANE
MOTION was made by Mayor Bergman, seconded by Councihmember Tierney, to
defer the petition for natural preserves at 5260 Yorktown Lane at the request of
the petitioner.
Motion carried on a roll call vote, five ayes.
MM 8-C BATON CORPORATION - AMENDED RPUD PRELIMINARY
PLAN/PLAT AND CUP (92113)
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to
defer the request of Baton Corporation for amended RPUD Preliminary Plan/Plat
and Conditional Use Permit for 10 single family lots and 18 twin homes located
southeast of Larch Lane and Old Rockford Road (92113) to August 16. (Note:
Date changed to August 30 in motion on Item 8-13).
Motion carried on a roll call vote, five ayes.
ITEM 8-B BATON CORPORATION FINDINGS OF THE ENVIRONMENTAL
ASSESSMENT WORKSHEET (EAW) AND DETERMINATION OF NO NEED
FOR ENVIRONMENTAL IMPACT STATEMENT (92113)
Associate Planner Keho stated that on March 29, 1993, the City Council approved
a request for a petitioned Environmental Assessment Worksheet (EAW) to be
prepared for the proposed Mission Ridge Residential Planned Unit Development
Preliminary Plan/Plat amendment. The EAW was prepared and submitted to the
Minnesota Quality Board, and the 30 -day comment period expired on June 23.
The City received seven responses from citizens and groups and six responses
from agencies. Numerous comments and concerns were raised by the agencies and
individuals concerning both the accuracy of information contained in the EAW and
potential impacts on the proposed project on the environment in this area. Based
on the comments received, he recommended that the City Council authorize
McCombs, Frank, Roos, and Associates, Inc., the author of the EAW, to review
the comments received during the public comment period, to correct any
inaccuracies in the EAW, and to address any comments presented. He
recommended tabling this item until the additional information has been received.
Associate Planner Keho summarized the comments received during the 30 -day
comment period as follows:
Several commentors questioned the accuracy of the existing wetland acreage
and proposed area of wetlands to be filled.
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July 19, 1993
Page 8
2. Several commentor questioned the amount of woodland present and the
amount of woodland to remain after development.
3. Several commentors indicated that additional discussion should be provided
concerning protection of federally endangered species and the four species of
DNR special concern.
4. The grade of the slopes was questioned as to accuracy before and after the
proposed development.
5. The need for sedimentation ponds and concerns with nutrient loads from the
lawns in the proposed development was identified.
6. The impact of the proposed 10 foot public trail through the area and whether
or not a tennis court is proposed in outlot A was raised.
7. The ability of French Park to absorb the displaced wildlife from this area was
not addressed.
8. Several commentors asked whether or not the other remaining vacant areas
in the Mission PUD should be included in this EAW as part of future
development.
9. The Historical Society indicated at a reconnocince level survey should be
prepared as part of this EAW.
10. The Department of Natural Resources questioned that the study had not
accurately described the loss of the resident species in the area.
11. Some of the commentors indicated that the visual impact of the proposed
development should be more thoroughly analyzed.
12. The Army Corp of Engineers stated that the EAW incorrectly states that the
project has a nationwide permit for wetland filling.
13. None of the agencies included in their comments that an Environmental
Impact Statement would be necessary for this project.
Councilmember Vasiliou stated there has been an allegation from the public that it
was improper that McCombs, Frank, Roos conducted the EAW because the firm
has done work for the developer. She asked how the firm was selected.
Planner Keho stated he was unsure of the process used but staff could report back.
Regular Council Meeting
July 19, 1993
Page 9
Mayor Bergman opened the meeting for public comment and requested that
residents address any items not contained on the list of 13 summarized by staff.
Chuck Lymangood, 11780 40th Place North, stated that residents had been
informed that three firms had responded to the request for a firm to conduct the
EAW for this project. He believed that McCombs, Frank, Roos submitted the
lowest bid of the three and therefore, was requested to do the EAW.
Mr. Lymangood questioned why the City would hire the same firm to comment on
the responses to the EAW when the EAW had inaccuracies. He cited as an
example the amount of wetland area. He stated that the EAW indicated there are
39 acres of wetlands, whereas the DNR identified 5 to 6 acres of wetlands. Mr.
Lymangood stated McCombs, Frank, Roos used aerial photos to determine the
amount of wetlands, and should have used a plant typing system to determine the
amount. He stated that it is a conflict of interest for this firm to do the EAW when
they are currently involved with two abutting projects, as well as doing business
with Baton Corporation in Plymouth. Mr. Lymangood stated that the City Council
has the option of ordering a new EAW for this project.
Terrie Christian, 9910 South Shore Drive, stated she has lived in the area for ten
years and during that time has seen the amount of wetlands decrease. She stated
that wetlands were taken to build the parking lot for the Minneapolis Auto Auction
property. She opposes any further taking of wetlands around Medicine Lake, and
submitted photographs taken from a dock showing the water quality in Medicine
Lake.
Bob Donley, 11740 38th Avenue North, presented a petition requesting the City to
preserve the Baton property in its natural state and work toward including it in
French Park. He stated that this petition has approximately 100 signatures and a
similar petition was submitted about three months ago. He stated concerns with
the excessive slope and nutrient retention. He also stated that setbacks of the
structures from the wetlands should be considered, as well as the visual impact of
the development.
Marlin Sjaarda, 11720 38th Avenue North, asked that the Council ensure that
there is no conflict of interest with respect to the firm conducting the EAW. He
believes that if this firm works for any developer on similar projects, that may be
inappropriate. He also asked that all the information provided in response to the
EAW be included in the requested comment.
Charles Dayton, 150 5th Street, represented the owners of the property. He stated
he was available for questions of the Council.
Regular Council Meeting
July 19, 1993
Page 10
Rita O'Donnell, 12105 41st Avenue North, stated she has been involved in trying
to preserve this property in its natural state. She noted that an EAW was
conducted on the entire 257 acre Mission Partnership property in 1976 and
another conducted in 1978. She had viewed the 1976 EAW document which
indicated that there would be an impact with the development on the property.
The document also indicated that the steep slopes on the property would pose a
difficulty for development. She stated that this EAW indicates no impact to the
environment, and indicates that steep slopes only greater than 30 percent grade be
considered. Ms. O'Donnell stated the EAW guidelines state that slopes greater
than 12 percent should be considered. She questioned how many EAW's this firm
has conducted, and if they employ specialists in the various fields.
Ms. O'Donnell stated that she has identified 15 acres of wetlands out of the total
26 acres. She stated that these wetlands are types 3 and 4 which are considered
principle production area for wildlife in the country. This information should also
have been included in this EAW. She stated this EAW identified 2.7 acres out of
10 total buildable acres as being impervious surfaces after development. She
stated that water drainage will be affected and questioned why the EAW did not
offer better alternatives than redirecting runoff water. She stated that citizens
would like to see permanent nutrient detention basins on the property, and she
encouraged the firm responding to the comments received on the EAW to use the
EAW Guidelines book. Ms. O'Donnell stated that the 13 items listed by staff are
not complete and the consultant should go back to the original comments for
response.
Ms. O'Donnell stated particular concerns with the ability of French Park to absorb
the displaced wildlife. She stated that it is important not to compromise the City's
water quality any more than it already is and that this area deserves to be
protected. The sedimentation ponds should be seriously considered.
Mayor Bergman noted that a much larger area than this single development drains
into the proposed sedimentation pond area. He suggested that it may be
worthwhile to ask the Water Quality Commission to study whether a
sedimentation pond to address runoff from the entire area should be considered
and whether special assessments could be used to fund such a project.
Rosanne Pankonin, 5603 Xylon Avenue North, stated she is a volunteer naturalist
in training at French Regional Park. She expressed concern about the
sedimentation, and stated that over the last few weeks she has seen red runoff
water at French Regional Park near the northwest corner of County Road 9. She
stated that a lot of sedimentation has gone into the pond from a single
development on one corner. She questioned who pays for dredging of the
sedimentation ponds, and noted concerns with the destruction of wildlife. She
Regular Council Meeting
July 19, 1993
Page I1
stated that birds identified by the DNR as Minnesota forest birds at risk should be
included in the EAW.
Ken Hood, 12305 24th Avenue North, stated he has lived in the area for many
years. He stated that over the last few years he has watched the quality of water in
Medicine Lake decline, and believes wildlife has been lost. He is concerned about
the runoff water and pollution, and he requested that the Council consider the
concerns of all individuals who enjoy the lake. He requested that the EAW
response include all concerns and comments received.
Paul J. Fusco, P.O. Box 29321, Brooklyn Center, stated he has a background in
chemistry and science. He stated the EAW does not address what species were
originally in the area before development. He stated the EAW does not address
potential flooding, or the Osprey Reproduction Program currently underway at
Medicine Lake. He stated the osprey eat fish, therefore, the water quality is very
important. He stated more funding should go into these types of studies.
Greg Frank, McCombs, Frank, Roos, author of the EAW, stated that his business
is located in Plymouth and employs 50 people. He stated approximately a dozen
employees are registered engineers, some of whom have degrees in environmental
sciences. He stated that he personally worked on the EAW for this project and has
worked on approximately 25 EAW's in the past. The McCombs, Frank, Roos firm
has done probably about 100 EAW's. He stated the firm has also conducted
environmental impact statements. Mr. Frank stated that the firm is currently doing
work on two adjacent projects in this area for other property owners but has never
done work for Baton Corporation.
Councilmember Helliwell asked if it is unusual to have so many discrepancies in an
EAW.
Mr. Frank responded that when his firm started the EAW, they understood that the
area was 17 acres. After the first draft, an area south of the site was added. He
corrected two errors in the EAW, and stated that his firm had received incorrect
information from the wetland specialist that did work for the property owner,
indicating that a national permit was approved from the Corp of Engineers. He
stated they have since learned that the Corp of Engineers permit has not been
obtained. Mr. Frank stated his firm used the same information used by the DNR
and Corp of Engineers to develop the EAW, as well as walking the site. He stated
the Corp of Engineers' interpretation of the wetlands is based on mapping; they
have not recently visited the site. He stated that he invited the Corp of Engineers'
representative to visit the site to delineate the wetlands. Mr. Frank stated he is
confident that when an on-site delineation is conducted, it will be much closer to
his estimate of .4 acres of wetlands, rather than the five acres indicated by the Corp
of Engineers and DNR.
Regular Council Meeting
July 19, 1993
Page 12
Councilmember Helliwell asked about the EAW process.
Mr. Frank stated that his firm's contract provides for preparation of the EAW to
have it available for review. He stated that now the EAW has been completed, the
Council should determine what areas need additional study.
Councilmember Helliwell noted concerns with respect to item 9 relating to the
Historical Society's indication that a survey should be prepared as part of the
EAW. She stated that there are many mounds of dirt on the site that are highly
unusual. She stated that these mounds appear similar to Native American burial
grounds and should be thoroughly investigated.
Mr. Frank stated that the two previous EAW's indicated no archeological
concerns, and his firm concluded that nothing has changed since that time on the
site. He stated that it is likely the mounds of dirt resulted from a former owner
who owned a lot of earth moving equipment and operated a gravel pit.
Councilmember Vasiliou asked if the firm used the same process as it conducted
the approximately 100 other EAW's it has conducted.
Mr. Frank stated that the standard process was used.
Karen Lymangood, 11780 40th Place North, asked if the McCombs, Frank, Roos
company has contracted with Lundgren Bros. in the past, or intends to in the
future.
Mr. Frank stated that his firm has worked for Lundgren Bros. in the past. He is
not aware of any current or potential future projects with Lundgren Bros.
Ms. Lymangood stated that Lundgren Bros. is partial owner of this property, and
she urged the Council to check for a conflict of interest before authorizing
McCombs, Frank, Roos to respond to the statements received on the EAW.
Richard Zejdlick, 4055 Goldenrod Lane, represented the petitioner. He stated that
he does not personally know any of McCombs, Frank, Roos staff. He stated there
are two major wetlands in this development area that will not be touched. He
stated a minor wetland, which is at the ravine, will be crossed. He stated they are
proposing not to destroy trees or wetland areas. Of the 270 trees that are 8 inches
or greater in diameter, the development proposal would take only between 52 and
79 trees. He stated their firm is committed to saving all natural resources possible
on the site.
Regular Council Meeting
July 19, 1993
Page 13
Charles Dayton, 150 South 5th Street, represented Mission Partnership. Mr.
Dayton stated that the issue before the Council is whether an Environmental
Impact Statement should be done based on the Environmental Assessment
Worksheet. He stated that based on the size of the project, a mandatory EAW is
not required. He also noted that no Environmental Impact Statement was ordered
as the result of the previous two EAW's. Mr. Dayton noted that this parcel of
property has had extensive study through the EAW process, and questioned what
further information could be gained through an Environmental Impact Statement.
He believes that the only affect of an Environmental Impact Statement on this
project would be to cause extensive delay and expense for the developer.
Mr. Dayton stated that this area is not a pristine woodland. Aerial photographs
taken in 1962 show the land being farmed at the time. The only trees that existed
on the site 30 years ago were along the fence lines. He stated the pond was
artificially created by the DNR to raise fish. He also noted that the DNR
complimented the preparer of the EAW on the detail of the report. Mr. Dayton
stated that no Environmental Impact Statement was requested by any of the
agencies or individuals who responded to the EAW. Mr. Dayton stated that the
City Attorney has advised that neighborhood opposition alone is not sufficient to
require an Environmental Impact Statement or to deny a project.
Mr. Dayton stated that many opponents of the project believe the land should be
used for park land. He noted that this parcel was considered for park land and
rejected as part of the French Regional Park. He stated that the City cannot create
a park through zoning.
Mr. Dayton stated that no Environmental Impact Statement is needed for this
project because the environmental impacts are not going to be significant. The
City Council can address the specifics of preserving the environmental amenities
on the site through the preliminary site plan approval process.
Councilmember Helliwell expressed concern that this EAW was based on
information from the two previous EAW's. She stated that many things have
changed since that time, and she believes an entire EAW should be done again.
MOTION was made by Councilmember Helliwell to order a new Environmental
Assessment Worksheet for the project.
Motion failed for lack of a second.
Mr. Dayton clarified that he is not suggesting that a housing development has no
impact on the environment. He stated that it is not a sufficiently large
environmental impact to require a full Environmental Impact Statement.
Regular Council Meeting
July 19, 1993
Page 14
Dave Teigen, 2746 Upland Court, stated he has been in the building trades for
approximately 15 years. He has also done volunteer naturalist work at French
Park. He encouraged the Council to carefully consider all sides of this issue and
comments received. He stated that this area is a buffer zone for wildlife and for
residents in the area, and stated that the City needs to preserve its wild areas.
MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to
authorize McCombs, Frank, Roos and Associates, Inc. to review issues raised by
the commentators to determine if any errors were contained in the original EAW,
and to address the additional specific concerns raised by the commentators
verbally, written, and to include the 13 issues presented by staff. This additional
information should be submitted to staff no later than Monday, August 16 for City
Council review and discussion on August 30. Further, the amended RPUD
Preliminary Plat/Plan and Conditional Use Permit and Variance are tabled until the
additional information on the EAW is submitted.
Councilmember Helliwell asked Mr. Frank how long it would take to respond to
the various issues raised.
Mr. Frank stated that he doubted the Corp of Engineers could do the wetland site
delineation by that time.
Councilmember Helliwell asked staff to respond to the required timelines with
respect to the EAW.
Associate Planner Keho stated that the Council has 30 days to consider the
additional information in response to the EAW. That period can be extended to
another 30 days. He stated that he had spoken with an Environmental Quality
Board representative who indicated that the City could extend the period probably
up to 120 days. He stated that staff will submit a request to delay the review
period for 30 days or longer in order to obtain appropriate information on the
EAW. He stated that the timeline relating to the platting process will not start
until the Council makes a determination on the EAW.
Motion carried on a roll call vote, five ayes.
Councilmember Vasiliou stated that there was recently a letter to the editor which
criticized a Councilmember who received a campaign contribution from a
developer. She stated that she has previously received a campaign contribution
from Lundgren Bros. and will not apologize for her association with this fine firm.
She has spoken to legislators, a congressman, and the City Attorney with respect
to this issue. She stated it is their opinion that since the contribution she received
was for a legislative race, it is unrelated to this local issue. She stated that it is not
her intention to abstain on this issue.
Regular Council Meeting
July 19, 1993
Page 15
Councilmember Vasiliou left the meeting at 9:13 p.m.
ITEM 8-C BATON CORPORATION. AMENDED RPUD DEVELOPMENT
PRELIMINARY PLAN/PLAT AND CUP (92113)
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to
defer Item 8-C to August 30, rather than August 16, to allow time for response to
the comments on the EAW.
Motion carried on a roll call vote, four ayes.
Councilmember Vasiliou returned to the meeting at 9:15 p.m.
ITEM 8-D LAURA-WILLIAMS PARKERS LAKE. FINAL PLAN/PLAT FOR
PARKERS LAKE NORTH 9TH ADDITION (93067)
Associate Planner Keho stated that on May 17, 1993, the City Council approved
an amended MPUD Preliminary Plan/Plat and Conditional Use Permit, and
Subdivision Ordinance Variance for Parkers Lake North 9th Addition for the
construction of 148 dwelling units in 20 buildings. The Development Review
Committee has reviewed the application for the final plan and final plat and
determined them to be in conformance with the approved preliminary plat and
PUD plan.
In addition to the amended PUD Final Plan/Final Plat approval, the applicant is
requesting that four building permits, with a total of 32 units, be issued prior to
recording of the final plat, installation of on-site fire hydrants, and construction of
a temporary access road. With the exception of a single permit for one model
home, building permits have not been issued until the final plat is recorded and Fire
Department requirements have been met. Without the installation of a water
supply system and a temporary access road, the level of expected fire protection
may not be provided to the structures. The applicant has indicated that they will
provide the City with financial guarantees, mylars, homeowner's documents, and
administration fees as would normally be required prior to the issuance of building
permits.
Planner Keho stated that staff is concerned that the issuance of more than a model
home building permit prior to recording of the final plat and providing adequate
fire protection could set an undesirable precedent for other developers in the City.
If the City Council approves an early release of building permits, the applicant
should be required to construct temporary roadway access to the buildings as
recommended by the Fire Department and provide the City with a hold harmless
agreement concerning Ioss of property or other unforeseen problems.
Regular Council Meeting
July 19, 1993
Page 16
Larry Laukka, the applicant, stated that the timing problem associated with this
plat relates to the attempt to get the City of Minneapolis, owner of the adjacent
parcel, to agree to share in the cost to construct a portion of the abutting roadway.
He stated he had spoken to Fire Chief Kline, who seemed amenable to the early
release of building permits. He stated that they have deposited dirt on the site and
intend to build a berm along Vicksburg Lane. This precludes an easy option of
providing a temporary access onto the site. He stated the buildings will not be
occupied, but will only be under construction, and he encouraged the Council to
authorize the early release of permits in order to take advantage of the building
season. He stated that a draft document holding the City harmless as the result of
this request has been prepared, as well as naming the City as an additional insured
in the event of fire. He explained problems with respect to the recording of the
plat relating to delays in the Shenandoah Lane realignment and the related
exchange of property. A portion of the property which was vacated now needs to
go through a quiet title action which could take several weeks. He requested that
the Council authorize the early release of four building permits without the plat
being recorded. An alternative to this approval would be for him to split this plat
into two plats, one of which could be immediately recorded, for Council
consideration at their next meeting.
Public Safety Director Gerdes stated that Fire Chief Kline had originally discussed
with the applicant the requirement for two access roads. This was compromised to
one access road which would include the hold harmless agreement. He stated that
even with the hold harmless agreement, there is the assumption that one temporary
access road would be provided.
Mayor Bergman stated that he would support Mr. Laukka's request only if one
access road is provided. He stated that fires can occur while structures are under
construction, and safety of residents, contractors, and firefighters is something the
Council must be concerned with.
MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell,
to adopt a resolution approving the Final Plat/Plan and Development Contract for
Laukka-Williams Parkers Lake for Parkers Lake North 9th Addition located at the
northeast and southeast corner of Shenandoah Lane and Vicksburg Lane, adding a
condition to allow building permits for four buildings to be issued if an emergency
access road is provided, and removing a condition that no building permit will be
issued until the final plat is filed and recorded with Hennepin County.
Councilmember Helliwell stated that at least one access is needed for safety
reasons.
Regular Council Meeting
July 19, 1993
Page 17
The Council discussed the issuance of building permits prior to filing of the final
plat with Hennepin County.
Mr. Laukka stated he understands that this action could set a precedent, but he
asked that the Council consider it so that he can take advantage of this
construction season.
Mayor Bergman stated that this year's weather conditions and excessive water
have created a unique situation for builders. He would not like to see Mr. Laukka
experience the loss of an entire construction season.
Director Moore stated that it would be possible for Mr. Laukka to split this plat
into two plats, one of which could be quickly recorded. He stated that the City
Council could consider the split of this plat into two plats at the next Council
meeting.
Mr. Laukka stated it is his intent to return at the next Council meeting with a
proposal to split this area into two plats.
Councilmember Edson agreed with the need to maintain one emergency access
road at all times. He expressed concerns about issuing building permits without
the Council's approval of a recordable plat.
Mr. Laukka stated that the recording process could take as long as three to four
weeks at Hennepin County. This could cause an additional delay for his project.
Councilmember Edson stated that the actual recording of the plat is less important
to him than approval of a recordable plat by the Council.
Mr. Laukka stated that he will wait to seek a building permit until after the next
Council meeting on August 2 when he proposes to split the plat into two plats. He
understands staff will not issue building permit until he returns with the split plats.
SUBSTITUTE MOTION was made by Councilmember Edson, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-407 APPROVING
FINAL PLAT/PLAN AND DEVELOPMENT CONTRACT FOR LAUKKA-
WILLIAMS PARKERS LAKE FOR PARKERS LAKE NORTH 9TH
ADDITION LOCATED AT THE NORTHEAST AND SOUTHEAST
CORNER OF SHENANDOAH LANE AND VICKSBURG LANE (MPUD
83-1) (93067)
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
July 19, 1993
Page 18
SUBSTITUTE MOTION was made by Councilmember Edson, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-408 SETTING
CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO
FINAL PLAT/PLAN FOR LAUKKA-WI LLIAMS PARKERS LAKE FOR
PARKERS LAKE NORTH 9TH ADDITION LOCATED AT THE
NORTHEAST AND SOUTHEAST CORNER OF SHENANDOAH LANE
AND VICKSBURG LANE (MPUD 83-1) (93067), adding Condition 27:
Building permits for four buildings will be issued after the plat is recorded, but an
emergency access road must be provided," and leaving Condition 8 as proposed in
the draft resolution.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-409 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 321 SANITARY SEWER AND WATERMAIN AREA -
PARKERS LAKE NORTH 9TH ADDITION (UPLANDS AREA).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-410 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 321, SANITARY SEWER AND WATERMAIN AREA -
PARKERS LAKE NORTH 9TH ADDITION (ASHBURNE AREA)
Motion carried on a roll call vote, five ayes.
Councilmember Vasiliou stated that her concerns that this item may be precedent
setting relates to her concern that other developers may make similar requests of
the City. It does not reflect any lack of confidence in this developer.
ITEM 8-A BIDDING PROCEDURE FOR SENIOR CITIZEN HOUSING
PROJECT
Manager Johnson stated that on June 21 the City Council elected to use a short list
of five general contractors from which one would be selected to act as the
construction manager for the HRA senior housing project. This change from
general contractor to construction manager was done to facilitate the open bidding
process for subcontract work. HRA members have expressed concerns with
respect to the construction manager approach. They believe that the low and most
responsible bid by a subcontractor may not result in getting the best work on the
project. There is also concern that Walker Management's role in the project
becomes more blurred under the construction manager approach. There is a
concern as to who would assume bonding responsibility for the entire project when
Regular Council Meeting
July 19, 1993
Page 19
no general contractor is involved, and it is believed that the cost containment for
the entire project would be more difficult under the construction manager
approach. HRA commissioners felt that opening up the bidding to any general
contractor who could bond a $6,000,000 project based on very specific perimeters
and who was experienced in senior citizen housing production would best serve
the community. Manager Johnson recommended the use of a general contractor
with very specific guidelines drafted as to what is expected, the ability to be
bonded for $6,000,000, and with experience in this type of construction project.
Further, he recommended that Walker Management be directed to draft an
advertisement to appear in the Dodge Report and other like publications to
announce the City/IIRA's interest in engaging a general contractor to oversee the
construction of a senior housing project in Plymouth.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-411 AUTHORIZING AN
ADVERTISEMENT FOR BID TO ENGAGE THE SERVICES OF A
GENERAL CONTRACTOR FOR THE CONSTRUCTION THE
PLYMOUTH SENIOR HOUSING PROJECT.
Councilmember Edson stated that this process has been somewhat confusing, but
he is comfortable that the selection of a general contractor, rather than a
construction manager for construction of the facility, will be the most appropriate
and advantageous to the City.
Motion carried on a roll call vote, five ayes.
ITEM 9-B-1 COUNCIL REQUESTS
Councilmember Vasiliou requested that revision of the Adult Bookstore Ordinance
to include videos and video rental stores be included on the Council request list.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to accept the Council request report with this addition.
Motion carried, five ayes.
ITEM 9-11-2 CAPITAL IMPROVEMENT AND PROJECT STATUS REPORTS
Public Works Director Moore presented the Capital Improvement and Project
status reports. He noted that some projects are slowed because of the rain,
however, he does not believe any projects will be delayed beyond their estimated
completion date.
Regular Council Meeting
July 19, 1993
Page 20
Councilmember Vasiliou stated that the City has received calls regarding lack of
silt fences for erosion control. She asked if the City is able to keep up with
violations.
Director Moore stated that due to the weather, the staff has received more phone
calls and sent more notices for erosion control. He stated with the exception of
one developer, the staff is receiving cooperation from developers.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Helliwell, to accept the Capital Improvement and Project status reports.
Motion carried, five ayes.
ITEM 9-C-1 QUARTER INSURANCE CLAIMS REPORT
The Council reviewed the quarterly insurance claims report, and discussed the
possible claim of James G. Willis for alleged violation of Minnesota Data Practices
Act.
Councilmember Tierney stated that earlier in the year she had expressed concerns
with the classification of data in the City Attorney billings. She asked how that
situation would differ from this possible claim.
Attorney Meller stated that this possible claim relates to an alleged violation of the
Minnesota Data Practices Act. The previous discussion on the classification of
information in the City Attorney billings related to attorney-client privilege.
Councilmember Vasiliou asked if an actual claim has been received from James
Willis by the City.
Finance Director Hahn stated that an actual claim has not been received; however,
it is the City's responsibility to notify its insurance carrier of all potential claims.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to
accept the quarterly insurance claims report.
Motion carried, five ayes.
ITEM 9-C-2 QUARTERLY FINANCIAL REPORT
Finance Director Hahn presented the second quarter 1993 financial statements. He
stated that over-all the second quarter revenues indicate a positive year for the
City. Development revenue sources continue to run slightly lower than 1992, but
still substantially higher than 1990 and 1991. He stated it is expected that the
Regular Council Meeting
July 19, 1993
Page 21
water fund revenues will dip substantially from the estimated revenues if the rains
continue into July and August. He noted that the protective inspection fees are
included in the projected revenues for 1993, however, that program has not been
implemented.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to accept the quarterly financial report.
Motion carried, five ayes.
ITEM 9-C-3 PENDING CIVIL LITIGATION
Councilmember Vasiliou reported that she had testified on behalf of the City in the
Plymouth versus Sinclair Oil Corporation suit. She expressed concerns that former
Community Development Director Blair Tremere had been hired by the plaintiff to
testify against the City. She questioned if there was any sort of policy the Council
could adopt that could prevent employees leaving the City from doing this type of
work, once they had left City employment, since she feels it is inappropriate. She
stated concerns that Mr. Tremere had testified against the City, because the
Council relied on information he provided as an employee. She requested that the
staff investigate with the League of Minnesota Cities and other cities whether this
type of policy is possible to implement.
Councilmember Helliwell asked for a status report on the Begin retaining wall suit.
Attorney Meller stated that the stipulation of dismissal is being drafted.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to
accept the quarterly pending civil litigation report.
Motion carried, five ayes.
ITEM 9-D STUDY SESSION SCHEDULE AND CITY COUNCIL
INFORMATION MEMORANDUM
Manager Johnson reviewed the upcoming study session schedule.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Helliwell, to establish a study session on July 26 at 4:30 p.m. to discuss Tax
Increment Financing applications and special assessments for County
Road 9/Dunkirk project, a budget study session at 4:30 p.m. on August 24, and a
budget study session on August 30 at 4:30 p.m.
Motion carried, five ayes.
Regular Council Meeting
July 19, 1993
Page 22
ITEM 9-E COUNCIL COORDINATING REPRESENTATIVE REPORTS
Councilmember Vasiliou reported on a Metropolitan Council meeting she attended
in Maple Grove that related to housing problems and responsibility of the suburbs.
Mayor Bergman reported on an MLC meeting that he and Manager Johnson
attended.
Manager Johnson reported on a meeting held with Baseball Associations regarding
the use of Lion's Park. He stated that in addition to the use of Lion's Park and
associated parking problems, discussion was held on the issues of the community
providing enough quality ballfields and facilities for the right age groups. The
Baseball Associations were invited to submit to the City for review, a list of their
needs. He and Park Director Blank will be meeting with the associations again in
mid-August to further discuss these issues.
The meeting was adjourned at 10:28 p.m.
4! %
City Cleric