The URL can be used to link to this page

Home My WebLink About1978/11/20 - ADMIN - Minutes - City Council - Joint_ l. 2. CITY COUNCIL AND Ca11 to Order Roll Call MINUTES HOUSING AND REDEVET�O78�NT November 20, 19 AUTHORITY MEETING The meeting was called to, order by Mayor Stern at 6:10 p•m• The following roll cal�.: Councilmen were present at Ronald Backes Martha Elstrom Lyle Hanks Irving Stern Jerrold Martin Keith Meland John Ralles The following Housing Authority Com- missioners were present at roll call: �James Heltzer Jane Tschida Dudley Moylan � Thomas Williams Joel Glotter arrived at 6:25 p.m. Also present were the City Manager, Executive Director and City Attorney. 3. Oak Park Village �evelopment Mayor Stern atated that since he officially announced that the City would be suspending � developtnenC at Oak Park Vi11a�e, he has received additional inEormation indic�ting that development may not have to be suspended on the entire site. He requested the Executive Director to outline the factors which might support continued development of the site. � The Executive Director stated City staff had addressed several points in a report issued to the PCA Board at its recent meeting of November 14, 1978; however, the Board did not have adequate opportunity to review this information prior to its decision. He continued that f ive factors woUld currently support development of certain parcels of Oak Park Village: (1) Blocks 1 and 4 were approved for development as part of the environmental assessment completed during the summer of 1976 and were included in the resoiution adopted by the Minnesota �nvironmental Quality Council, Polluti.or� Control Agency, Health Department and Department of Natural Resources; (2) the HRA has executed a purchase agreement to sell the property at Block 4 in August of 1978 based on approval of plana and because Chese plans are app.rovable; if the sale is not completed, the HR.A may be considered to be i�' breach of contract; (3) there has been no information submitted showing � need for the northern parcels, should there be any need for excavatic�n, ��r storage and treatment in the future; (4) eoil borin� analysis, as requested by the PCA, shows the eite is essentiall clean• and 5) the concern of the USGS relative t6 piling under the proposed struct�ires(is unfounded �n chat there is no piling proposed in the future development. The Executive Director concluded that these factore show no reason from a physical st.�nd- point why development should not take place on the northern portion of che site . ._.._ _Al�^., �ity Council/�Iousing Authority minutes Novembe r 20 , 19 78 The City Manager explained the as stated at the November 14, position of the Pollution Contro� Agency 1978, Board meeting. In response to a question from Commissioner Heltzer, the City Attorney indicated that the precise legal powers of the PCA in this case are uncertain and actually, the Department of Health would have more statutory powers to stop development. �He continued that the PCA could seek inj�nctive relief through common court action and the court would attempt to f ind authority to hault development based on a pollution problem. The City Attorney brief ly explained the City's position as presented at the PCA Board meeting which stated that there are no facts to substantiate nondevelopment of the site; the only new elements in the case since the City's last appearance before the PCA Board are the USGS studies, which the City has assured development would have no impact on, and�the recent Department of Health Water�Quality Study release. He related that a Health Department official testified at the Board meeting and conne.cted the contamination in the well water to the sites at Oak Park Village. Ne said that the PCA Board reaction to the media announcement and Health Department study is a reversal of its past decisions to allow development to proceed. The City Manager explained that in 1977, the City entered into a stipulation agreement with the PCA which allowed development on the northern portions of Oak Park Village and from this agreement, the PCA has the impression that it. has the right to approve all development as it occurs; the City contends the agency only has the right to monitor the sites. Tn response to a question from Chairman Glotter relative to what damages the City might be liable for if a building moratorium i.s imposed, the City Attorney said that in the purchase agreement the City is liable for damages as a result of excavation only; a development moratorium would not produce liability in that the buyer had knowledge of the pollution situation prior to purchase. Chairman Glotter explained the Authority met on Saturday, November 18, 1978, to discuss the development iseues. He continued the Authority has a great concern for the health and welfare of the City residents and at this time no one knows if a hazardous situation exists. He said the Authority has con- sidered the City's exposure to developers and exposure to pending debt requirementa�and wondered if the development of Block 6 could financially support the bond payments. Chairman G1oCter continued that the Authority is suggesting an expert panel be established to review the pollution situation withcharredewithifindfrom federal, state and local levels of government and be g is in need of an i�g a solution to. the contamination problems, the community increasingly apparent such a solution acceptable solution and it.is becoming . is beyond the resourc�es�of this community. -449- � � `� V ..: C�ity Council/Hausing Authority minutes November 20, 1978 . rtayor Stern reminded before the bodies ati of a study committee. the Council and Authority that tl�ere are two issues this time�: the building moratorium and establishment Councilman Hanks stated he would like to know what type of be formed pzior to a decision on a development�suspension hope that this committee could study the issues in 60 days to the Council and Authority. committee would and would also to report back Commissioner Heltzer stated it would be preferrable to obtain PCA and Health Department support for this study process. Commissioner Moylan said the City should not proceed with development at Oak Park Village at this Cime based on current public opinion; however, the City may need substantial funding to conduct adequate research at the site. It was moved by Councilman Meland, seconded by Commissioner Moylan to authorize preparation of a resolution deferring development activity at the Oak Park Village site for 60 days, excluding Blocks 3, 6 and 7, and establishing an expert committee of federal, state and local off icials to examine the exact nature and extent of contamination at the site and define an acceptable solution to the problem. The City Attorney reiterated that the position of the eity, Authority and State has been that the responsibility for contamination at the site rests with Rei11y Tar and Chemical Company and should Reilly Tar and Chemical have additional information supporting or opposing development of these sites at thie time, this information �hould be divulged immediately. The attorney for Reilly Tar and Chemical made no response. It was moved by Commissioner Moylan, seconded by Councilman Meland, to amend the motion to read that the development activities be deferred for 60 days except on those parcels where the Pollution Control Agency has issued previous approval. Councilman Hanks stated he would direction and reaction from the formation of a special reaearch oppoae any building deferral until state agencies is received relative to committee. The amendment passed 11-1 (Councilman Hanks opposed). The motion passed 11-1 �Councilman Hanks opposed). Chairman Glotter queried the attorney for aa to whether he had any reaponee to the additional infot�nation either supporting site . - -450- �.�.��__-____-__.� Rei11y Tar and Chemical City Attorney's request ot opposin� development Company for at the ��ty Council/Nousing Authority minutes November 20, 1978 The attorney for Reilly Tar and Chemical Company stated that he had no response. !�, Adiournment Attest: W�ndy Bo �h Recording Secretary r.r Upon a motion by Councilman Aleland, seconded by Councilman Martin, the meeting was adjourned at 7:27 p.m. Mayor rJ a