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HomeMy WebLinkAboutCity Council - 05/20/1986 1 L APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 20. 1986 8: 00 PN1, ROOK: 205. SCHOOL ADMINISTRA- TION BUILDING COUNC IL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley , Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J . Jullie . Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Robert Lambert , Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: Councilmember Redpath left at 11155 PM R PRESENTATION TO COUNCILMEMBER PAUL REDPATH OF "CERTIFICATE OF COM- MENDATION" FROM THE LEAGUE OF MINNESOTA CITIES Mayor Peterson presented Councilmember Redpath with a "Certificate of Commendation"`from the League of Minnesota Cities . The Mayor said the certificate was awarded as the result of Redpath ' s nomination for the C . C . Ludwig Award which has been established as a means of recog- nizing persons who have served for many years in a variety of capac- ities in government and volunteer organizations . I . APPROVAL OF 'AGENDA AND OTHER ITEMS OF BUSINESS r The following items were added to the Agenda: IX . A . 1 . Pidcock - Discussion of StoD Signs on Duck Lake Road; IX . A . 2 . Pi cock - olice De artment olicy; IX . A . l cock-- Post Office ; IX . A . 4. Peterson - Letter from Rotary re rding van for senior citizens ; IX . A . „L Anderson - Billboards. The following item was removed from the Consent Calendar: III . P. Resolution 86-109, regarding activities around Flying Cloud Landfill , -June 1 , 1986 became item IX . A . 6 . MOTION: Anderson moved , seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously . ,1 City Council Minutes -2- May 20, 1986 II . MINUTES A . Regular City Council Meeting held Tuesday , April 29, 1986 MOTION: Bentley moved , seconded by Pidcock, to approve the Minutes of the City Council Meeting held Tuesday, April 29, 1986, as published . Motion carried unanimously . B . Regular City Council Meeting held Tuesday, May 6 , 1286 MOTION: Pidcock moved , seconded by Bentley. to approve the Minutes of the City Council Meeting held Tuesday, May 6, 1936, as published . Motion carr:.ed unanimously . C . Canvassing Board Meeting; held Tuesday, May 6. 1986 MOTION: Bentley moved , seconded by Pidcock, to approve the Minutes of the Canvassing Board Meeting held Tuesday , May 6 , 1986 , as published . Motion carried unanimously. III . CONSENT CALENDAR A . Clerk's License List . B . LANDSCAPE PRODUCTS CENTER by Edenvale Industrial Company and Landscape Products Center, Inc . 2nd Reading of ordinance #16-86 . Zoning Amendment within the I-2 Park District ; Approval of Developer' s Agreement for Landscape Products Center;, and Adoption of Resolution #86-93 , Authorizing Summary of Ordinance #16-86 and Ordering Publication of Said Summary. Location: North of Highway #5 , south of Martin Drive . (Ordinance #16-86, Rezoning; Resolution #86- 93 . Authorizing Summary and Publication) C . CARDARELLE III AMENDMENT by Frank R . Cardarelle . 2nd Read- ing of Ordinance #9-86 . Rezoning from Office to Commercial- Regional-Service ; Approval of Developer' s Agreement for Cardarelle III Building; and Adoption of Resolution #86-95 , Authorizing Summary of Ordinance #9-86 and Ordering Publica- tion of Said Summary . Location: Northwest quadrant of Regional Center Road and Eden Road . (Ordinance ##9-86 . Rezoning; Resolution #86-95 , Authorizing Summary and Publi- cation) D . THE RIDGE by Dirlam Development . 2nd Reading of Ordinance Zoning District Change from Rural to R1-13 .5s Approval of Developer' s Agreement for The Ridge ; and Adoption of Resolution #86-98, Authorizing Summary of Ordinance #19-86 and Ordering Publication of Said Summary. T 4 �F d' hi City Council Minutes -3- May 20, 1986 } 10 .42 acres into 17 single family lots and one outlot . Location: Northwest of Kilmer Avenue , west of Atherton Way. (Ord inane eft 9-86 , Rezoning; Resolution #86-98 , Author- izing Summary and Publication) E . Revised Agreement for the I-494 Corridor Study F . 2nd Reading, Ordinance No. 23-86, Repealing Sec . 5 .40 of the Cif Code - regulating and licensing of gambling devices . G. 1st Reading of Ordinance No . 26-86 Amending Cis Code Section .02 Subd . . G. ; Section .1 s Section O; Section 4632 , Subd . ; and Section 4.5T9 Sub and Adopting by Refer City Co e a ter and Section 49 - the liquor license ordinance - to con orm to the new amend- ments in State law. H. Ordinance No . 27786 , Amending City Code Section 2 .01 and Adopting by Reference City Code Chapter 1 and Section 7 .99 - incorporating Chapter 169 and Chapter 171 of the Minnesota Statutes (1985 ) by reference . I . Ordinance No 28-86 , Amending City Code Section 9 .06 , Subd . 2 .B . ; Section 9 . 08 ; and Section 9 .31 , Subd . 5 , and Ado tin b Re erence Cit Coc��a ter 3 and Section changing the penalty provisions for possession of drug paraphernalia to conform to Minnesota Statutes , Chapter 152 . J . Final Plat, Red Rock Heights 4th Addition, east of Village Woods Drive , south of Scenic Heights Road (Resolution No . 86-104) K. Final Plat The R' d., e�, south of Donnay " s Round Lake Estates Resolution No .o . tf�-1.07 ) L. Receive Feasibility Report and Set Public Hearing for Drake Improvements in Bluffs West 5th Addition and vicinityp I .C . -0 for June 1 Resolution No . 0 M. Receive Feasibility Report and Set Public Hearing for ValleX View Road Im rovements I .0 . 2-2 2 for June 17. 19� Resolution No . - 0 N. Sterling Field ' s Association Request 0 . Confirmation of the appointment of Greg Schmidt as Metro- olitan Airports Commission rZ7 esentatzve to the Fl in Cloud Airport Advisory omm scion City Council Minutes -4- May 20, 1986 9 P. Resolution 86-109 , regarding activities around Flying Cloud Landfill, June 1 . 19 - became item IX . A . Q . EDENVALE MINI-STORAGE by Edenvale Industrial Company. 2nd Reading of Ordinance #17-86, Zoning Amendment within the I-2 Park District ; Approval of Developer' s Agreement for Edenvale Mini-storage; and Adoption of Resolution #86- 94, Authorizing Summary of Ordinance #17-86 and Ordering Publication of Said Summary. Location: North of Highway #5 , south of Martin Drive . (Ordinance #17-86 , Rezoning; Resolution #86-94, Authorizing Summary and Publication) MOTION: Bentley moved , seconded by Pidcock, to approve items A-O and item Q on the Consent Calendar. Motion carried unani- mously. IV . PUBLIC HEARINGS A . CITY WEST BUSINESS CENTER 3RD ADDITION, by Ryan Construc- tion. Request for Planned Unit Development Amendment Review on 15 .91 acres , Zoning District Change from I-2 Park to Office on 6 .3 acres for construction of a 69,500 square foot office building. Location: North of Shady Oak Road, west of City West Parkway. Continued from April 15 , 1986 . City Manager Jullie noted that proponents , in a letter dated April 23 , 1986 , have requested that their request for rezoning and PUD Amendment be withdrawn. MOTION: Bentley moved , seconded by Redpath, to acknowledge the withdrawal of the request for rezoning and PUD Amend- ment from Ryan Construction Company. Motion carried unani- mously .' B . BLUFFS EAST 4TH AND 5TH ADDITIONS, by Hustad Development . Request for a Planned Unit Development Concept Review on approximately 184 acres , Planned Unit Development District Review and Zoning District Change from Rural to R1-1.3 .5 , with variances , on 38 . 15 acres , Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 28 .7 acres , and Preliminary Plat of approxi- mately 184 acres into 72 single family lots and nine outlots . Location: West of County Road #18, northwest of Bluff Road , and west of Franlo Road . (Resolution #86-99, PUD Concept; Ordinance #24-86 , Rezoning; Resolution #86-100, Comprehen- sive Guide Plan Amendment ; Resolution #86-101 , Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . City Council Minutes -5- May 20, 1986 Wally Hustad , the proponent , addressed the proposal . Planning Director Enger stated that the Planning Commission reviewed the proposal at its January 27, February 24, March 10, and April 28 , 1986, meetings . Enger said that , at the April 28th meeting, the Planning Commission recommended approval of the project on a 6-0 vote , subject to the recom- mendations of the Staff reports of April 1 t th and April 25th . Enger reviewed the staff recommendations and noted that several items had not yet been completed including design details of the surge basin, detailed grading, a tree inven- tory, a master utility and storm water run-off plan, and the density base for the multiple family outlot . Enger also referred to his memo of May 14 which summarized details of the project and the issues that remain unresolved , includ- ing the question of access to the Wilkie property, utilities and road improvement of Bluff Road, and the wetland status of the pond . Director of Community Services Lambert said that the Parks, Recreation & Natural Resources Commission reviewed this proposal at its meeting on May 5 , 1986, and that the Commis- sion was concerned about the preservation of the creek valley, park dedication or cash park fees , trail easements , and the trails and sidewalks in the project . He noted that his memo of May 6th summarized the recommendations of the Community Services staff . Lambert reviewed the proposed trail system in the project and noted that the proponent had proposed donating the creek valley property to the City as a gift . He said that the Staff recommends the City agree to a res- trictive covenant on the creek corridor for 15 years to restrict trail construction along the creek valley . He further noted that the Parks Commission recommended approval Per the recommendations of the Community Services and Planning staff . I Bentley asked about the possibilities for the sewer line and how that question could be resolved without knowing what the plans are for County Road #18 and the service road . Hustad said that the sewer .line has to come from the eastern point and that development could not begin until the sewer line is available . Director of Public Works Dietz noted that a petition for a Feasibility Report for utilities in the area had been received at the last Council meeting and that the location of the proposed sewer line on the project map is probably the best location regardless of the align- ment of the highways . rq. City Council Minutes -6- May 20 , 1986 P Pidcock asked what the usual procedure is to get a sewer line connection to property. Dietz responded that the Feasibility Study will determine the costs, the needs of the area and the probable alignment after which the project will proceed , with the possibility of condemnation if agree- ment cannot be reached . Redpath asked if the road connection could be made through Autumn Woods . Hustad noted that it was a possibility. Peterson said that there is a definite need for a road connecting to Hwy #1 . Pidcock expressed concern about fire and police protection in the project . A discussion of the ' collector road followed. Pidcock asked what the projected population of the project would be . Hustad said there would be 245 dwellings with about 500 residents . Pidcock also asked about the plans 3 for the area between the current Hwy #18 location and the projected new roads . Hustad said it was proposed to be g commercial and multi-family residential . Anderson asked about the possibility of running the road adjacent to the creek rather than between houses . Hustad said that would not be economically feasible and that many of the current residents have voiced their desire to keep the area very private. A discussion followed regarding the future value of property in the area. Martin Diestler, 9905 Bluff Road , expressed concern :regard- ing problems on Bluff Road , including the dangerous intersec- tion at Hwy #18, the need for lighting along the road and for stop signs to regulate traffic speed , and the temporary ,lift recommended by staff. He also expressed the needs for sewer and water in the area . 9 John C . Rosholt , an attorney representing the Wilkie family, noted that the project does not provide access to the Wilkie property. He expressed concern that the only option left for them will be a bridge over Purgatory Creek. Bentley asked if the Wilkie ' s had considered using the par- cel of land as a density transfer for development of their land across the creek or if an easement could be set up to allow for future access to the parcel . Rosholt said that an easement would be better than no access at all . Peterson noted that he felt there was at most one buildable site on the Wilkie property and that the concept of density si City Council Minutes -?- May 20, 1986 i transfer would seem to make more sense for the property . s He asked City Attorney Pauly about the legal rights involved . Pauly responded that there is no legal right apart from the provision in the City Code stating that , if a property owner is developing his property, provision will be made for the extension of a public road into the adjoining property: however, in this case extending the road would result in a cul-de-sac that would probably take up the only buildable portion of the site . Bentley said his opinion was that it would not be in the best interest of the City to put a public road there because y of the potential damage to the entire scenic area that would result from possible development once there was access to -the property. Peterson noted that the Wilkies could exercise the option of negotiating a private easement with Hustad . Jerry Hegge , 10015 Pioneer Trail , expressed concern about the effect of the project on the protected wetlands area by storm water run-off and the extensive grading required . He also expressed concern regarding increased traffic in the area and said he felt no further development should occur in the area until the damage done by previous devel- opers is corrected . Gerald Haas , 9955 Pioneer Trail , expressed concern regard- ing the pond and the drainage of storm water in the area. Director of Public Works Dietz said that it might be possible to work some plans for drainage of the surrounding area into the master plan for drainage of the Hustad development. Discussion followed regarding the problems created by ero- .sion around the park area and drainage from the future up- grading of Hwy #18 . Rhoda Haas , 9955 Pioneer Trail , presented a petition from residents expressing concerns about development in the area. (Attachment A) . She noted that their entire garden was lost due to flooding problem in the area. Bentley said that he felt this concern, while genuine , was not immediately rele- vant to the project , but suggested that staff could be directed to look into the matter and report back to the Council . Mr . Briggs, 9715 Pioneer Trail , expressed his opposition to the use of his land to extend the sewer line and roadway for the benefit of the developer. He also asked how the costs of the lift station would be allocated . Dietz said that the lift station was part of the original sewer master City Council Minutes -8- May 20, 1986 z plan for the area and that trunk sewer and water assess- ments are made to developers as development is approved . Dietz also said that acting on the existing petition for utilities in the Bluff Road area would result in special assessments for adjoining property owners when the utilities are put in. Redpath asked Mr . Hustad if he had talked to the Munsons and the Halversons about bringing the sewer through an ease- ment on their property without the road access . Hustad said it had been considered but that he expected the Feasi- bility Study to determine the appropriate route . a MOTION: Pidcock moved , seconded by Redpath , to close the Public Hearing and to adopt Resolution No. 86-99 for PUD Concept Approval of the Bluffs East 4th and 5th Addition. Motion carried unanimously . b MOTION: Pidcock moved, seconded by Bentley , to adopt 1st Reading of Ordinance No . 24-86 for Rezoning. Motion carried unanimously. MOTION: Pidcock moved , seconded by Bentley, to adopt Reso- lution No . 86-100 for Comprehensive Guide Plan Amendment , Motion carried unanimously. w b MOTION: Pidcock moved , seconded by Bentley, to adopt Resolution No . 86-101 approving the Preliminary Plat of Bluffs East 4th and 5th Additions for Hustad Develcpment . Motion carried unanimously. MOTION: , Pidcock moved , seconded by Anderson, to direct staff to prepare a Developer's Agreement per recommendations 'of staff, the Planning Commission and the Park, Recreation & Natural Resources Commission, and with attention to the i concerns expressed by area residents regarding grading and storm water run-off. Anderson expressed concern that the Developer's Agreement should include the scenic easement along with a trail ease- ment for the creek valley. The following discussion deter- mined that this issue would be covered by the recommendations from the Community Services Staff and the Parks Commission. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Bentley moved , seconded by Pidcock, to direct the City Manager to look into the matter of possible damages mentioned by some of the residents and to see what remedies there might be . Motion carried unanimously. I d a r . Y City Council Minutes -9- May 20, 1986 C . FLAGSHIP ATHLETIC CLUB . Request for Planned Unit Develop- ment Concept Amendment of 20 .15 acres, Zoning District Change from Rural to C-Regional-Service on 2 .45 acres , and Preliminary Plat of approximately 31 acres into one lot and two outlots and road right-of-way for parking lot expansion. (Resolution #86-102 , PUD Concept Amendment; Ordinance #25-86 , Rezoning; Resolution #86--103 , Preliminary Plat ) City Manager Jullie stated that notices had been published and posted . Don Brauer, representing the proponents , addressed the proposal . Planning Director Enger stated that the Planning Commission reviewed this item at its meeting on April 28, 1986, and recommended approval of the project on a 6-0 vote . He also referred to the Staff report of April 25 , 1986 containing the recommendations of the Planning Staff concerning the project . There were no comments from the audience . r MOTION: Redpath moved , seconded by Pidcock , to close the :. Public Hearing and adopt Resolution No. 86-102 for PUD Concept Amendment approval of the Flagship Athletic Club. Anderson asked what will happen to the floodplain beyond 4 the proposed parking area . Mr . Brauer said that it has been put into an outlot and they are waiting to see what the park plan is , but that they are putting in a trail around the area . r VOTE ON THE MOTION: Motion carried unanimously. MOTION: Redpath moved , seconded by Bentley, to adopt 1st Reading of Ordinance No . 25-86 for Rezoning from Rural to C-Regional-Service . Motion carried unanimously. MOTION: Redpath moved , seconded by Bentley, to adopt Reso- lution No . 86-103 approving the Preliminary Plat of Flagship ! Athletic Club for Flagship Athletic Club . Motion carried unanimously. MOTION: Bentley moved , seconded by Anderson, to direct staff to prepare a Developer' s Agreement per staff and Com- mission recommendations . Motion carried unanimously. V . PAYMENT OF CLAIMS NOS . 27062 - 27326 MOTION: Bentley moved , seconded by Redpath, to approve the Payment of Claims Nos . 27062 - 27396 . Roll call vote : Anderson, City Council Minutes -10- May 20, 1986 Bentley, Pidcock, Redpath and Peterson voted "aye" . Motion carried unanimously . V V I . PETITIONS , REQUESTS & COMMUNICATIONS There were none . V II . REPORTS OF ADVISORY COMMISSIONS There were no reports . VIII . APPOINTMENTS There were no appointments . IX . REPORTS OF OFFICERS , BOARDS & COMMISSIONS A . Reports of Council Members 1 . Pidcock - Discussion of Stop Suns on Duck Lake Road Pidcock noted that , because of the unfortunate death of the child on Duck Lake Road recently, she believed a traffic study should be conducted on Duck Lake Road to determine the advisability of putting stop signs at the intersections of Honeysuckle and Duck Lake and at Countryside and Duck Lake . Director of Public Works Dietz noted that those calling City Hall about the incident had been told the matter would be reviewed . a He said the review should take about a month . 2 . Pidcock - Police Department Policy 4 Pidcock asked what the policy is regarding the reported s activity of the Police Department checking on estab- lishments serving controlled substances. City Manager J ullie reviewed the procedure used by the Police Depart- ment . Pidcock noted that she was opp•r�sed to having people "set up" in such a manner. Peterson said that there are only two ways to enforce the law, either by this type of procedure or by the less tasteful option of police officers going into the estab- lishment to card people . Redpath expressed his concern about the lapse of time between the Police Department activity and the news- paper article describing the activity. Pidcock said she believed that , as a councilmembe.r, she should have been made aware of this situation before G City Council Minutes -21- May 20, 1986 reading about it in the newspaper. Bentley said he felt that , if a problem develops that has potential legal implications , a memo or phone call to council- members would be appreciated so that they are matte aware of the situation. 3 . Pidcock - Post Office Pidcock noted that when we get a new City Hall we Y should be sure to get a Post Office to go in with it . Redpath said that he had recently learned the Post Office has scheduled a station in Eden Prairie with space for 50 carriers for 1989 or later. He noted that he planned to write a letter to the Post Office to encourage speeding up the process, possibly by offering to trade property for time . 4 . Peterson - Letter from Rotary regarding van for senior citizens City Manager Jullie reviewed the letter received from the Rotary Club regarding their desire to participate in replacing the van used by the senior citizens. fie said the Rotary would like to contribute $3 , 000 per year for the next four years , with the City advancing the $12,000 needed to purchase the van now. Director of Community Services Zambert noted that the previous van had been purchased by the Rotary under a similar arrangement . Pidcock asked where the funds would come from. Jullie said the funds would come from the general fund surplus . MOTION: Bentley moved, seconded by Anderson , to accept the offer of the Rotary Club and to authorize the pur- chase of the van for $12 ,000 . Lambert noted that , at a Council meeting in June, there will be a recommendation regarding volunteer drivers of the van and training for the drivers in order to put the City in a better situation regarding liability. Pidcock said that she would like to get some information regarding the operation of the van including how often it is used . VOTE ON THE MOTION: Roll call vote : Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye" . Motion carried unanimously. City Council Minutes -I2- May 20, 1986 5 . Anderson - Billboards Anderson said he believed that some of the permits for billboards had expired and he would like to have staff check into the possibility of removing some of them, f particularly those located along Hwy #169 from the western boundary of the City to Flying Cloud airport . City Attorney Pauly noted that there is a zoning code } provision for billboards limiting them to a strip of f 200 feet along 494 and along the north side of Hwy #169 from the western edge of the City to about Flying Cloud . He noted some of the possible means that could be used to remove them, but also said there is no easy solution for getting rid of them. A discussion of the previous experience of the City in billboard negotiation ensued. Anderson reiterated his concern about the existence of billboards along the scenic area of Hwy #169. and that they would be more compatible in an industrial area. MOTION: Anderson moved, seconded by Pidcock, to request staff and the City Attorney to review the options avail- able in regard to removing the billboards . Motion carried unanimously . 6 . Resolution 86-10 re rding activities around Fl in C 1 o ud Landfill, June G 1286 Bentley expressed concern with the wording of the pro- posed resolution and suggested eliminating the five paragraphs beginning "WHEREAS" . MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No . 86-109 relating to public activity at Flying Cloud Sanitary Landfill on June 1 , 1.98,E , as amended . Motion carried unanimously . B . Report of City Manager 1 . Discussion on City Hall options City Manager J ullie noted the options listed in his memo of May 160 1986, addressing the continuing needs for space at City Hall . He indicated that he is recom- mending option #7, which is to hire a consultant planner to evaluate and make recommendations, and also to look for some temporary space to lease . C ounc ilmember Redpath left at 11 :55 Pm. x � r t: J City Council Minutes -13- May 20, 1986 I r Peterson asked if option #7 was meant to restrict the consultant to evaluating a building site rather than including an evaluation of leasing or buying an existing building. A discussion followed regarding whether the consultant should be hired to evaluate and recommend a building site or if he should be hired to review all the available options including leasing or buying a building as well . Peterson said that he felt it was important for the consultant to work with the Facilities Needs Committee and the Site Selection Committee in order to include them in the process . He further said that he believed it was necessary to look for someplace to lease space since it would probably take three to six months for the consultant 's evaluation process . Bentley said he thought option #2 to move a portion of the staff to leased space would alleviate the space constraint problem that exists now. A discussion ensued regarding the possibilities for temporary leasing of space and what length of time would be considered •'temp- oracy. " Jullie noted that the staff was very concerned about the effects of splitting up the City staff as a result of implementing option #2 . Planning Director Enger expressed his strong belief in the need to move the entire staff to one location that would also have a boardroom avail- able . Anderson said that he believed our growth pattern is too great at this time to split up the staff, and noted that leasing would give time to think about the options . Director of Public Works Dietz expressed his concerns about the need for additional personnel in many of the departments to keep pace with the expansion in the City. s Peterson, said that members of the Referendum Committee are eager to research the vote on the referendum in order to learn as much as possible about the vote . MOTION: Pidcock moved, seconded by Anderson, to direct Staff to look into leasing space immediately ,for a period of 3-to-5 years for the entire staff of City Hall, in- cluding space for a boardroom, if possible . Bentley expressed his concern about the cost of such a leasing program and that he was in favor of taking more time to look at the problem and check out the options . M5� r City Council Minutes -14- May 20. 1986 Anderson noted that he would like to have a special meeting to discuss this one issue . f MOTION: Anderson moved , seconded by Peterson, to table the previous motion directing staff to look into leasing space for. City Hall . Motion carried unanimously. MOTION: Anderson moved , seconded by Bentley, to hold a Special Meeting of the City Council on Tuesday, May 27 , 1986, at 5 :30 PM in the City Hall Lunchroom for the purpose of discussing options for City Hall. Motion carried unanimously. 2 . Purchase A eement for Proposed City Hall. Site (Continued from April 29th Council meeting MOTION: Pidcock moved , seconded by Bentley, to con- tinue this item to the next City Council meeting. Motion carried unanimously. C . Report of the City Attorney City Attorney Pauly called attention to his memo to the Council on alternatives to consider in reference to the County designating the Greenhouse site as the site for a transfer station rather than the Hopkins site . He reviewed the background of the situation leading up to the County' s designation of the Greenhouse site . He suggested four al- ternatives to the action by the County Board , as follows: 1 . Seek a reversal of the action taken by the County Board . 2 . Seek further environmental review by the Metropolitan Council ; in effect , to reopen consideration, of the Environmental Impact Statement . 3 . Local control that might be exercised over placing the transfer station in Eden Prairie , possibly by denying a building permit if the facility did not meet the zoning and subdivision provisions of our code . 4 . Since the County would have to acquire an interest in i the Reuter property in order to use the Greenhouse site , the City might own some property in the area as a buffer because of the park and school area located nearby thus making it more difficult for the County to exercise its right of eminent domain. He said that legal action might be necessary in the future , , particularly to compel a more detailed E.I .S . of the Green- house site should the Met Council choose to not reopen the mutter. City Council Minutes -15- May 20, 1986 } Pauly recommended that at this time we pursue with the Metropolitan Council the further consideration of the E. I .S. and that we let the surrounding property owners know of the potential siting of the transfer station in the area. Peterson asked Pauly if he meant that we should pursue reopening the E . I .S . before the County formalizes the deci- sion. Pauly said he thought the action should be started now. MOTION: Bentley movedv seconded by Pidcock, to direct staff to proceed on this issue based on the recommendations of the City Attorney. Motion carried unanimously. X . NEW BUSINESS There was none . X I . ADJOURIJIVIENT MOTION: Bentley moved, seconded by Andersont to adjourn the meeting at 12 : 50 W. Motion carried unanimously. i 1