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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. Regular Council Meeting 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