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HomeMy WebLinkAboutCity Council - 07/01/1986 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY . JULY 1 , 1986 7:30 PM, SCHOOL ADMINISTRATION BUILDING, ROOM 205 COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath z CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant to the City Manager Craig Dawson. City Attorney Roger Pauly, Finance Director John Frane , Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A . Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX . A . 1 . Pid- cock - Update on League of Minnesota Cities Conference in Duluth; IX . A . 2 . Pidcock - Letter from Representative Sidney duly; IX . A . 3 . Pidcock - Letter from Dune Kearns& 6611 Duck La Road; IX . A . 4. Anderson - Rain Runoff f rom Construct on Sites; IX . A . 5 . Anderson - Issuance of Burning Permits . MOTION: Bentley moved , seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously . II . MINUTES A. Board of Review Meeting held Tuesdays June 3 . 1986 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the Board of Review Meeting held Tuesday, June 3 , 1986, as published . Motion carried unanimously. B . Regular City Council Meeting held Tuesday. June17, 1986 MOTION: Bentley moved , seconded by Redpath, to approve the Minutes of the regular City Council Meeting held Tuesday, June 17, 1986, as published . Motion carried with Pidcock abstaining. 1=:t City Council Minutes -2- July i , 1986 III . CONSENT CALENDAR A . Resolution No . 86-161 , Authorizing Dispatch and Use of City Equipment and Services,�City Manager in Emergency Situa- tions B . Resolution No . 86-143, Requesting Hennepin County to Adminis- ter CDBG Funds Desi n,Mted for the Greater Minneapolis Day Care Association Child Care Sliding Fee Program C . Clerk' s License List D. Award Contract for Water Treatment Plant Improvements, Project No 2-0 2 E. Receive Feasibility_Report for Sanitary Sewer along Baker Road north of St . Andrew Drive and set Public Hearin I .C . 52-0 7 Resolution No . 86-148 ) F. Final Plat approval for Bluffs West 5th Addition South of Riverview Road, East of Concord Drive Resolution No . 86-150 G. Final Plat approval for Anderson Lakes Center NW corner of Anderson Lakes Parkway and T .H. Resolution No . - 51 H. Final Plat apgroval for Westover goods (along Cumberland Drive west of Anderson Lakes ParkwayT Resolution No . 6- 52 I . THE GARDEN, by Hakon and Karen Torjesen. 2nd Reading of Ordinance #22-85 , Zoning District Change from Rural to R1 -13 .5; Approval of Developer' s Agreement for Luknic 5th Addition (aka The Garden) t and Adoption of Resolution #86-153, Authorizing Summary of Ordinance #22-85 , and Ordering Publi- cation of Said Summary . 10 .16 acres into 25 single family lots . Location: North of Rowland Road , West of Shady Oak Road . (Ordinance #22-85, Rezoning; Resolution #86-1.53, Authorizing Summary and Publication) J . WESTOVER WOODS, by Tandem Corporation. 2nd Reading of Ordinance 29-86-PUD-4-86, Zoning District Change from Rural to PUD-4-86 , including the R1-13 .5 and R1-9 ,5 Districts; Approval of Developer' s Agreement for Westover Woods; and Adoption of Resolution #86-155, Authorizing Summary of Ordi- nance #29-86-PUD-4-86 and Ordering Publication of Said Summary. PUD District Review on 15 acres and Rezoning on 11 .9 acres with variances and Shoreland Management variances, into 42 single family lots and 2 outlots . Location: South of Anderson Lakes Parkway and New Cumberland Roads intersec- tion . (Ordinance #29-86-PTID-4-86 , PUD District and Rezoning; Resolution #86-155 , Authorizing Summary and Publication) City Council Minutes -3- July 1 , 1986 K. ANDERSON LAKES CENTER, by Anderson Lakes Center Partner- sh�p. 2nd Reading of Ordinance #30-86, Zoning District Change from Rural to C-Regional-Service; Approval of Devel- oper' s Agreement for Anderson Lakes Centers and Adoption of Resolution #86-156, Authorizing Summary of Ordinance #30-86 and Ordering Publication of Said Summary. 4.3 acres with variances and Plat of 15 acres into 3 lots and 2 outlots for a commercial center. Location: Northwest corner of Highway #169 and Anderson Lakes Parkway. (Ordinance #30-86, Rezoning; Resolution #86-156 , Authorizing Summary and Pub- lication) L. Joint Powers Agreement Amendment - South Hennepin Human 4 Services Council MOTION: Bentley moved , seconded by Redpath, to approve Items A-G, K and L on the Consent Calendar. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to continue Items H, I and J to a future Council meeting. Motion - carried unanimously . IV . PUBLIC HEARINGS A . LAKE PARK, by the Rottlund Company, Inc . Request for Planned Unit Development Concept Amendment on 16 .7 acres, Planned Unit Development District Review within the RM-6 .5 zoning district on 16 .7 acres, and Preliminary Plat of 16 .7 acres into 102 lots for construction of 98 townhome units. Loca- tion: Southwest quadrant of County Road #4 and Timber Lakes Drive . (Resolution #86-157, PUD Concept Amendment; Ordinance ##34-86-PUD-5-86, Rezoning; Resolution #86-158, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . William Price , engineer for proponents, addressed the pro- posal . Planning Director Enger said that this project was reviewed by the Planning Commission at their June 9, 1986 meeting at which time they recommended approval of the PUD Concept Amendment of 16 .7 acres, PUD District Review and Zoning Amendment and Preliminary Plat of the acreage , subject to the recommendations in the Staff Report of June 6th. He noted that the Planning Commission also recommended that a road connection be made to the future road that will be constructed along the southern boundary of the project . jF { R City Council Minutes -4- July 1 , 1986 Director of Community Services Lambert said that the Parks, Recreation & Natural Resources Commission will review the project at its July 7, 1986 meeting. He noted that the only real issue for the Parks Commission is the road on the future park land , and that Staff has reviewed the project and recom- mends approval . Peterson asked about the smaller size of 17-1/2 feet for the garages . and driveways . Bud Rotter, the proponent, explained the reasons for designing the smaller size . Pidcock asked E if there were any ordinances dealing with garages that would require 20 feet rather than 17-1/2 feet . Enger said that, while the garages would be technically considered single garages, the ordinance requires only one interior space per unit . Pidcock asked about the size of the pond. Al Kramer, en- gineer for proponent , said it is about 1 .4 acres . Pidcock asked if the pond will be aerated . Price said no . Pidcock then asked what means would be used to prevent it from stag- nating. Price said that they have not determined for sure that a pond can be built there because of the soil conditions, but that , if one is possible , water runoff from the project will flow towards the pond and they are also considering a pump system to augment the water runoff to the pond when necessary. A discussion of the condition of ponds in simi- lar locations followed . f Peterson asked if a homeowners ' association is proposed and if the association would be responsible for maintaining the pond area . Price said there will be a homeowners ' associa- tion and it will be responsible for maintaining the pond . Bentley asked at what point they would know for sure that there will be a pond , should approval be given for the pro- ject tonight . Price replied that they should know before the first unit is sold . Bentley noted that in the past problems have arisen with similar projects when people buy property expecting certain things and then ultimately don't get theca . Price noted that cost of the bids for the pond will determine whether the pond will be there . Bentley expressed his concern that the proponents appear to be discussing feasibility and project alterations at a time when the Council is considering rezoning approval for the project . He said that he would have to know exactly what is included in the project in order to vote in favor of it . Price said that they would accept that as a condition of approval and would therefore expect to have to return to the City Council Minutes -5- July 1 , 1986 t Council for approval again if, for some reason, they cannot construct the pond . Anderson asked about the technique used to construct the pond . Price explained the construction. Ed Bellerive, 8050 Timber Lake Dr. , expressed his concern about the increased population causing traffic problems on Timber Lake Drive and noted that he would like to see the road to the south be built as soon as possible . He also said he was concerned about the density of population near the railroad tracks, in case of derailment or other situa- tions, and asked if there is some code violation involved in that . City Attorney Pauly noted that he was not aware of any regulations dealing with density in proximity to rail- road tracks . Enger noted that the project is set back farther from the tracks (300 feet ) than is required by City ordinance . Enger noted that the traffic increase on Timber Lake Drive will be 14% more than the original volume anticipated and he said that the future southern road would help to reduce the traffic volume on Timber Lake Drive . He recommended that the developer be bound by some type of guarantee or assessment agreement so that , when the City acquires the right-of-way for the southern road , the funds would be avail- able to build it . Lambert noted that the City has received an appraisal of the parcel on the south. that negotiations should begin soon on the parcel, and that he expects the City to acquire the property before the end of the year. Ed Bellerive asked about the prices for the units . Rotter replied that the price would vary from $66*900 to $105,000 . Bentley asked if the existing roadway will be made full width with a curb . Rotter said it will stay as it is and that the street was approved as is . Enger noted that the roads in the project are private roads and that the standard 25- foot roadway with curb would not be required for the exist- ing road but would be required for the roadways constructed in the current project. MOTIONS Redpath moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No . 86-157 for the Lake Park PUD Concept Amendment to the overall Mitchell Lake 1976 PUD on 16 .7 acres . Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt 1st Reading of Ordinance No . 34-86-PUD-5-86 for Rezoning. Motion carried unanimously . 'd City Council Minutes -6- July 1 , 1986 MOTION: Redpath moved , seconded by Anderson, to adopt Resolution No . 86-158 approving the Preliminary Plat of Lake Park for Rottlund Company, Inca Motion carried unani- mously . Redpath asked why they are discussing an early grading per- mit when the Staff Report indicates there is no grading required . Enger noted that the portion of the project near the existing buildings has already been approved , and so construction could begin on those lots prior to 2nd Reading, but that Staff was not recommending an early grading permit for the remainder of the project . Anderson noted that he would like to see the proceedings of the Park Commission on this item along with an update on the progress with the southern road, prior to the final plat . MOTION: Bentley moved , seconded by Anderson, to direct Staff to prepare a Developer 's Agreement incorporating the recommen- dations of Commissions and Staff with a commitment from the developer that there will be a pond . Motion carried unani- mously . B . STENEHJEM ADDITION, by Kathleen M. Steneh j em. Request for Zoning District Change from Rural to R1-13 .5 with lot fron- tage variance , and Preliminary Plat of 3.34 acres into five single family lots . Location: North of Craig Drive , east of Duck Lake Road . (Ordinance #35-86, Rezoning; Resolution #86-159. Preliminary Plat ) City Manager Jullie stated that notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Kathleen Stenehjem, the proponent, addressed the proposal . Planning Director Enger said that the project was reviewed at the June 9, 1986 meeting of the Planning Commission at which time the Commission recommended approval of the re- zoning to R1-13 .5 and the Preliminary Plat of 3 .34 acres into five lots, subJect to the recommendations of the Staff Report of June 6th . He said that the Staff Report recom- mendations included a tree inventory and a five-foot concrete sidewalk along the lot adjacent to Duck Lake Trail . In addition he said that there is a request for variance for a minimum street frontage of 55 feet for one of the lots that is coming up at the next meeting of the Board of Appeals . There were no comments from the audience . MOTION: Redpath moved , seconded by Pidcock, to close the i Public Hearing and adopt ist Reading of Ordinance No . 35-86 . _5 I City Council Minutes -' - July 1 , 1986 for Rezoning from Rural to RI-13 .5 on 3 .34 acres with lot frontage variance subject to review by the Board of Appeals . Motion carried unanimously. MOTION: Redpath moved, seconded by Pidcock, to adopt Reso- lution No . 86-159 approving the Preliminary Plat of Steneh- jem Addition for Kathleen M . Stenehjem. MOTION: Redpath moved, seconded by Bentley, to direct Staff to prepare a Developer's Agreement incorporating the Plan- ning Commission and Staff recommendations . Motion carried unanimously . C . EIGHTEEN PARK BUSINESS CENTER, by Investment Services Group, Inc . Request for Zoning District Change from I-5 Park to I-2 Park on 2 .85 acres with Preliminary Plat of 2 .85 acres into one lot for construction of a 37,O00 square foot office/ { warehouse . Location; West of Washington Avenue, South of Flyin Cloud Drive . (Ordinance #36-86, Rezoning; Resolu- tion 86-160, Preliminary Plat ) ; City Manager Jullie stated that notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Tony Feffer, the proponent, addressed the proposal . Planning Director Enger said that this project was reviewed by the Planning Commission at their June 9, 1986 meeting at which time the Commission recommended approval of the Zoning District Change from I-5 Industrial Parr to I-2 Industrial Park on 2 .85 acres and Preliminary Plat, subject to the re- commendations in the Staff Report of June 6th . He also noted the memo from Donald Uram, Assistant Planner, dated June 24th that clarified the issue of the Floor Area Ratio and whether a FAR variance would be required . Pidcock asked if the building would be two stories or one story. Enger explained that a 20-foot high building is con- sidered a two-story building but noted that , while the drawings of the building showed it to be 20-feet high, the actual dimensions are 19 feet high and so it is classified as a one story building. Anderson asked if runoff and siltation is a problem on that steep a grade . Enger noted that they recommend a slope of 30% or less, that slopes be sodded, and that curbing be put in the parking area along with a storm sewer to catch runoff. Anderson noted that runoff damage should be prevented on new construction in order to minimize maintenance costs to the City. Y.4 M i City Council Minutes -8- July 1 , 1986 There were no comments from the audience . MOTION: Redpath moved , seconded by Pidcock, to close the Public Hearing and adopt 1st Reading of Ordinance No . 36-86 for Rezoning from I-5 Park to I-2 Park on 2 .85 acres . Motion carried unanimously. MOTION: Bentley moved , seconded by Pidcock, to adopt Reso- lution No . 86-160 approving the Preliminary Plat of Eighteen y .Park Business Center for Investment Services Group, Inc . Motion carried unanimously . S MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Developer 's Agreement incorporating recommenda- tions of the Planning Commission and Staff. Motion carried unanimously. V . PAYMENT OF CLAIMS NOS . 27969 - 28281 MOTION: Bentley moved , seconded by Anderson, to approve the Payment of Claims Nos . 27969 - 28281 . Roll call vote : Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye" . Motion carried unanimously. VI . PETITIONS, REQUESTS & COMMUNICATIONS A . Re uest from Dou las E. Reuter regarding clarification of requirements candidates must fulfill City Attorney Pauly said that , with regard to Resolution No . 79-135 , the resolution has no provisions restricting campaign contributions for City Council elections except for a period of ten days before and after the election . He further ex- plained that the resolution is not part of the City Code and so it is a policy statement only with no provision for penal- ty. He said that he intends to ask the Attorney General whether the City is guided by the census of 1980 or if the special census is to be relied on and whether the City can limit campaign contributions . He also noted that the City does not have enforcement responsibilities for the Unfair Campaign Practices Act , Bentley asked if the existing resolution contains a provi- sion that calls for a .filing of campaign contributions. Pauly responded that it contains such a provision along with several others but that the resolution is directory, not mandatory . Redpath noted that he felt it would be necessary for us to require a list of contributions in the near future so why not do it now. r City Council Minutes -9- July 1 , 1986 Bentley asked if there was anything to preclude the Council from adopting an ordinance that would require a contribu- tion list . Pauly replied that he thought there was nothing to preclude such a requirement but that he intended to check that with the Attorney General . Peterson asked when Pauly would have an answer back from the Attorney General. Pauly said perhaps by mid-August . Doug Reuter, 8750 Black Maple Drive , noted that this ques- tion arose two years ago when he ran for City Council . He said that he filed a formal complaint with the Unfair Cam- paign Practices office at the county level because he was the only candidate to file the required filings. He fur- ther noted that his goal in asking for the cancellation of Resolution 79-135 was to remove it since it has no teeth . A Peterson responded that the Council will seriously consider , the issue as soon as a decision is received from the Attor- ney General . VII . REPORTS OF ADVISORY COMMISSIONS // There were no reports . t, V III . APPOINTMENTS There were none . IX . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A . Reports of Council Members 1 . Pidcock - Update on League of Minnesota Cities Conference in Duluth Pidcock reported on some of the items of interest from the League of Minnesota Cities meetings that she and Mayor Peterson attended . Noting that there were some excellent presentations on Strategic Planning. she dis- tributed some material on the subject developed by the Government Training Service and asked the Council mem- bers for their comments and reactions to the material . Peterson said that he had discussed the subject with Ci 4y Mia.nager Jullie and asked him to consult with Natalie Swaggert to see what their expertise or recommendations might be on the subject . He asked Council members to refer their comments on the material to Mr. Jullie. t� City Council Minutes -10- July 1 . 1986 2 . Pidcock - Letter from Representative Sidney Pauly Pidcock referred to the letter from Representative Pauly to Mayor Peterson dated June 24, 1986 that con- tained a copy of Pauly' s letter to the Scott County Transportation Coalition of June 13th protesting their support of the Flying Cloud Landfill variance request . She asked that both letters be inserted in the record . (Attachment A) Q 3 . Pidcock - Letter from Diane Kearns, 6611 Duck Lake Road Pidcock asked Director of Public Works Dietz if any- thing had been done or any conclusion reached regarding the situation described by Ms Kearns. Dietz responded that there appears to be some problem with the yard eroding and that they need to do some restoration on her property . a 4. Anderson - Rain Runoff from Construction Sites Anderson commented on the recent rain runoff damage and siltation on several construction projects in the City and asked whose responsibility it is to protect our natural resources from such runoff. He expressed con- cern about t3^e loss of top soil and filling in of ponds and lowlands because of the conditions of siltation. Bentley noted that the erosion control requirements for developers may not be adequate and the i camlu:zented that it might be necessary to increase the requirements if it is feasible to do so . Anderson asked Staff to report back to the Council with some recommendations on this problem . 5 . Anderson - Issuance of Burning Permits 4 Andersen noted that the City allows burning permits in y some situations but questioned whether such permits should be issued . He expressed concern about smoke con- ditions created by the burning when there are tempera- ture inversions and about the location of fires near residential areas or, in one instance , near a child care facility. He said he feels somewhat responsible to the neighborhood and businesses in the area where the burning occurs. Bentley said that he would like to see something from Staff as to our policy for issuing burning permits and some specifics involved in a particular incident in order City Council Minutes -11- July 1 , 1986 '~ to make a logical decision on the subject . City Manager Jullie noted that Staff should have something back by the next Council meeting. Mayor Peterson asked City Manager Jullie to commend the Public Safety Division for the high marks they received in their recent review. B. Report of City Manager 1 . City Office Space City Manager Jullie reviewed his memo to the Council regarding the City Hall space needs . He noted that, of the twelve potential leasing sites reviewed by our leasing consultant , Mr. Kellogg, they recommend the list be narrowed to the six sites listed in Mr. Kellogg' s letter to the Council dated June 27, 1986 . Wally Daniels of Setter. Leach & Lindstrom. Inc . , Con- sulting Architects, reviewed the preliminary design for a new City Hall at the Mitchell Road site . Bentley asked what the estimated cost was for the build- ing. Daniels said the total project cost would be approximately $2 .5 million, including everything. Bentley then asked how this would be financed. City Manager Jullie said that a portion of the amount would be taken from the General Fund surplus with the balance financed by a contract or loan to be repaid by a General Fund levy each year for five years . Jullie said the estimated cost impact is 1 .1 mills over the six-year period 1987 through 1992 . Bentley asked what portion of the cost would be taken_ out of the General Fund reserve . Jullie said $500,000 would be taken initially. Bentley then asked what the approximate cost would be to lease space during the same period of time . Jullie res onded that leasing would be in the range of $250,000 - 9300,000 per year. r Bentley asked if we would need to have a bond referendum in order to accomplish the construction. Jullie said this plan would not require one . Bentley asked if, in Mr . Jullie ' s opinion, the City would be able to respon- sibly manage this type of project . Judie replied that he believed it could . s c , City Council Minutes -12- July 1 , 1986 § Bentley asked about the timetable for the project . Jullie responded that, if the Council authorizes the project soon, the design could begin and we could be in a position to award a contract in January or Feb- ruary with possible completion in the spring of 1988 . Redpath noted the importance of educating the community to the need for more space since the referendum was s turned down. o Peterson said he believed that the Council needs to decide at this point where we are in our own process on a decision as to a building project on a specific site as opposed to leasing. Bentley noted that he believed we had established that Mitchell Road was the site . A discussion followed regarding the previous decisions on City Hall made by the Council . x x r Bentley asked. if we decided to build the project , do we lease space in the interim or continue with the crowded conditions at the current site . Jullie said he recommended that we proceed with the building project and stay in the current building until construction is completed . Redpath said that he felt we didn 't have any informa- tion regarding leasing included in the referendum and further that we didn't say what would be done until the building was completed . Bentley said he believed the information was available but that the community chose not to listen. Peterson said that he was not comfortable with settling on Mitchell road as the building site by default and that he believed it was capricious to decide now on the Mitchell Road site . Pidcock noted that she believed Mitchell Road was men- tioned as the future site for City Hall at the time the Public Safety building was constructed . Peterson said he believed it was important to pay atten- tion to the committee process and not make a quick deci- sion on Mitchell Road and then experience a backlash of community reaction. Redpath said he agreed with the suggestion in Mr. Jullie 's memo on City Hall space needs to continue the matter to the August 19th Council meeting and to encourage public s input on the subject . A discussion followed regarding 3 z.. City Council Minutes -13- July 1 . 1986 how to provide the community with adequate information on the alternatives in order for them to respond in an informed manner . Anderson noted that we should retain the process used the first time around and begin it again rather than bypassing the process and having the Council make the decision. A discussion followed regarding the process to be established for the decision on City Hall and the time involved for the process to be completed . Pidcock said that she believes the longer the process is drawn out the more expensive it becomes for every- one concerned and that she thought a deadline should be set for making a decision. Redpath said he believed it was important to publicize the alternatives available and to spell out the costs to build versus leasing costs . Peterson said he thought it was essential to go to groups of people as well as relying on newspaper coverage . Bentley suggested a series of public hearings held by the City Council to obtain input from the community, but also noted that he believed the Council will ultimately have to make a decision. MOTION: Red path moved, seconded by Bentley, to continue this item to the next City Council meeting in order to get more specific figures on all costs involved in a building project for inclusion in a new referendum. Anderson asked if that could be done in two weeks . Jullie said that he believed positive action by the Council was what was required and, if the decision is to build rather than lease at this time , we should pro- ceed as quickly as possible . Anderson said he thought we still need to lease some- thing in the meantime if we are to get rid of the por- table space at the current site . A discussion followed as to solutions to ease the space problem while a build- ing is constructed . THE MOTION WAS WITHDRAWN BY REDPATH WITH BENTLEY` S CON- SENT . MOTION: Bentley moved, seconded by Redpath, to direct Staff to more closely explore the six alternative leasing sites and report back by August 19th and to continue this item to the August 19th meeting of the City Council , City Council Minutes -14- July 1 , 1986 °w 4� Peterson asked if, in the interim, we are to encourage the media to publicize the leasing and construction cost figures and to invite comments from the community. The consensus was to publicize and invite comments . Anderson said he would also like to have some cost figures on the Gelco portaspace buildings as an alter- native to leasing. Peterson said that he would vote for the motion with the understanding of the Council that , in his opinion, this will not satisfy the process that must be followed in order to make a decision. Pidcock said that she would also like to see some figures on the taxes paid under the leasing alterna- tives . 4 VOTE ON THE MOTION: Motion carried unanimously. Director of Community Services Lambert said that, at the Special meeting of the City Council held to discuss City Hall, he had presented a question on proceeding with the referendum for the recreation facilities and that he had been told to put it on hold until the July 1st meeting of the Council . He said that the groups had been told it was to be a spring referendum and that it requires quite a bit of time to prepare for a referen- dum. Peterson said he thought we need to make a decision on the City Hall question as a priority. Anderson said he believed that, since we had a chance at the City Hall referendum and it didn't pass, the Park & Rec . referen- dum was the next one in line . He said he didn't think it was necessarily right to hold back the Park referen- dum because City Hall didn't pass. Redpath said he believed the number one priority is still the City Hall question. Bentley noted that he didn't think there was any basis for us to be considering a referendum on City Hall at this time . He said he believed our options are to rent space , stay where we are , or build a building without the need for a referendum; therefore, he believed we should move forward with the Park & Rec . consideration because those needs are also very great . z City Council Minutes -ZS- July 1 . 2986 j MOTION: Anderson moved, seconded by Bentley, to direct Staff to begin preparations for a referendum on the i Park & Recreation needs. Motion carried unanimously. C . Report of City Attorney City Attorney, Pauly reported on the opinion received from the Attorney General that, if a volunteer driver is driving on behalf of the City$ the City probably would have liability for damages through negligence . He also noted that he has received the decision of the court on the motion to dismiss the City' s complaint against John Liepke and that the court held that the defendant was not entitled to granting the motion. He said that the matter will now be ready for a regular trial . X . NEW BUSINESS There was none . XI. ADJOURNMENT The Council adjourned to a special session with City Attorney Pauly to discuss matters in litigation.