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City Council - 07/16/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DULY 16, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson,Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly,City PIanner Mike Franzen, City Engineer Al Gray, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL AWARD CERTIFICATE OF APPRECIATION TO WOODLAKEBFI FOR SPRING COMMUNITY CLEAN-UP EVENT Mayor Harris and Rod Miller,Project Chairman of the Environmental Waste Commission, presented a certification of appreciation to Woodlake/BFI representative Joe Berquist for the spring community clean-up event. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added item M.A.L Revised Tree Ordinance and item M.A.2. Signs f Subdivisions. Harris added item M.A.3. Power Outages. Case added items M.A.4. Special Recognition for Tria Mann and her helpers for the Fourth of July Celebration, item M.A.5. Highview Road Concern, M.A.6. Crossing to Driskill's Supermarket for Residents of Sterling Pond,M.A.7. Lighting for Edendale Residents Walking to Prairie Village Mall. Enger added item W.B. GRANT EARLY GRADING PERMIT FOR CENTEX HOMES FOR MITCHELL VILLAGE PROJECT. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM Perry Forster, Vice President of the Riley/Purgatory Creek Watershed District, thanked the Council for recommending his reappointment to the Watershed District. He distributed copies of a new map of the Riley/Purgatory Creek Watershed District. Copies of the map will be available to the public. Pidcock suggested giving copies to the Chamber of Commerce and CITY COUNCIL MINUTES July 16, 1996 Page 2 local hotels. Michael Rush, 16907 Hanover Lane, said he represents the Citizens Against the Toll Roads Committee and asked for time at the next meeting to make a formal presentation to the Council. Harris noted the Council will be setting a date for a formal Public Hearing on the TH 212 Toll Road proposal later in tonight's agenda. M. MINUTES A. COUNCIL/STAFF WORKSHOP HELD TUESDAY.DUNE 25, 1996 MOTION: Pidcock moved, seconded by Case, to approve the Minutes of the Council/Staffworkshop held Tuesday, June 25, 1996, as published. Motion carried unanimously. B. JOINT CITY COUNCILMOUSING. TRANSPORTATION & SOCIAL SERVICES BOARD MEETING HELD TUESDAY.JULY 2. 1996 MOTION: Thorfinnson moved, seconded by Pidcock,to approve the Minutes of the Joint City Council/Housing Transportation & Social Services Board meeting held Tuesday, July 2, 1996, as published. Motion carried unanimously. C. CITY COUNCIL MEETING HELD TUESDAY, DULY 2. 1996 Tyra-Lukens said the second sentence of the last paragraph on page 9 should be changed to read "...back on ways wetland mitigation could be done on City...." MOTION: Case moved, seconded by Pidcock,to approve the Minutes of the City Council meeting held Tuesday, July 2, 1996, as published and amended. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. GRANT EARLY GRADING PERMIT FOR CENTEX HOMES FOR MITCHELL VILLAGE PROJECT MOTION: Pidcock moved, seconded by Thorfinnson, to approve items A and B of the Consent Calendar. Motion carried unanimously. V. PUBLIC I EARINGS/MEETINGS A. STARING LAKE TOWNHOMES by Pulte Master Builders. Request for Comprehensive Guide Plan Change from Medium Density, High Density and Office to Medium Density Residential on 18.93 acres, Zoning District Change from Rural CITY COUNCIL MINUTES July 16, 1996 Page 3 to RM 6.5 and RM-2.5 on 18.93 acres,Planned Unit Development Concept Review on 54.5 acres,Planned Unit Development District Review on 18.93 acres, Site Plan Review on 18.93 acres,Preliminary Plat of 88.5 acres into 26 lots and 2 outlots, and EAW review. Location: Anderson Lakes Parkway and Hwy. 169. (Resolution 96- 111 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change from Rural to RM-6.5 and RM-2.5 and PUD District Review, Resolution 96-112 for PUD Concept Review,Resolution 96-113 for Preliminary Plat, and Resolution 96-114 Finding the EAW does not Require an EIS) Continued from 6/18/96 Gary Grant, Tom Stanke, and Ron Bestyr, representing Pulte Homes, reviewed the revised project which now includes four styles of homes, three tot lots, a 75-foot conservancy strip between the NURP pond and Purgatory Creek, and a 200 foot conservancy area between the N[TRP pond and the development and a possible parking lot for 20-25 cars for overflow parking from the school and swimming pool. Tyra-Lukens asked how the proposed berming compares to what is currently there. Bestyr reviewed the location, heights and sight lines of the berms. Franzen said at the May 7, 1996,meeting,the City Council identified seven points for Staff and the developer to work on. He noted the plans have changed dramatically, with the biggest change being reduction in the size of the project from 88.5 to 54.5 acres. The number of units is reduced from the original 788 to 692 to 448, and there is an additional townhome product offered on walkout lots. He said Phase 2 approval for rezoning would be based on plans presented with Phase 1, and the developer would work on permanent berming and landscaping before starting construction on Phase 2. Tyra-Lukens asked if the Staff conditions included a sidewalk and trail to be constructed along Columbine Road. Franzen said there will be an eight-foot wide bituminous trail along one side and a five-foot wide concrete sidewalk along the other. Harris asked if Staffwas also recommending the signalizing of Columbine in addition to Fountain Place. Dietz said they were not,because of the reduced amount of traffic from what was originally proposed; however, Staff would continue to monitor the traffic. Case asked if we plan to put the signal in at Fountain Place soon and then have the State reimburse us. Dietz said they are working on a cooperative agreement with MNDoT that is likely to occur in 1997; however,we could build it at the City's cost and be reimbursed by MNDoT later. Case asked if there is a possibility we would not get reimbursed, as he understood it was a sure thing. Dietz said he did not know if we have an agreement to that effect. Harris asked if we are suggesting that we need to put the signal in prior to 1997. Case thought this project should not go forward without the signalizing. Dietz said he would try to gain assurances from the State MY COUNCIL AlUgUTES July 16, 1996 Page 4 regarding the reimbursement. Harris thought it was a separate issue whether it was needed prior to Phase 2 of the project. Dietz said Staff Will look into the issue. Lambert said the Parks Commission expressed concern about maintaining a 200-foot setback from the NURP pond. He noted they have moved the tot lots into the center of the site and have added one tot lot as well as trails connecting units with the tot lots and trails along Staring Lake Parkway and Columbine. Steve Swanson, 14183 McCoy Court, said he represents a neighborhood group in the Staring Lake area. He believes the quality of the project suffers from its large size. He noted that this is not the only plan that would fit on the site per the Guide Plan. The new proposal still exceeds the maximum for the Guide Plan definition of acreage, and the new proposal is 70 units larger than would be expected based on the prior plan. He did not believe the fourth product being offered in the current plan is really an additional product. They have not provided opportunities for adult recreation. There is a very high proportion of affordable housing, and he thought the intent of the Met Council was to not concentrate affordable housing in one area. He reviewed an alternate plan that would limit development to 48.5 residential acres and would take 48 units out ofthe development. He wanted to get more information on the 34-acre portion of the site that is not being proposed for development, as a portion of that site is still guided high density residential. Paul Olson, 8899 Flesher Circle, referred to an article in the Sunday Minneapolis Tribune that said there is an affordable housing development in Chanhassen for 140 units with a density ofthree units per acre. This project is 2-1/2 times the number of units per acre over the development in Chanhassen. He thought this was a bad project to begin with. Anne Pitzer, 8820 Flesher Circle, said she visited the Spinnaker Cove development in Woodbury and thought the landscaping was atrocious. She passed around a picture of the landscaping at that project. She said the project still doesn't feel like a project she would like to live by,and she thought we are rushing it through. Suzanne Meade, representing Pulte Homes, said the landscaping at Spinnaker Cove was put in last year and did not survive the winter well. She said it has now been replaced by a greater variety and with better placement Peter Bellus, 15790 Summit Drive,thought the issue is really making a zoning change from commercial/office to residential, and the question is if the area was zoned as commercial in the Guide Plan. Enger said most of Eden Prairie remains in a rural zoning until a plan is brought forth. The current Guide Plan designation goes back eight years and was partially in response to a proposed development brought forth at that time. Enger said it is not uncommon that the Guide Plan is changed, and what is being proposed tonight requires a very small change to the Guide Plan. Chester Baker, 8918 Pine Bluff Court,thought there should be more break up of the visual monotony and there should be more interior plantings. He thought the City needs to overhaul the evaluation and approval process to include a larger voice for the CITY COUNCIL MINUTES July 16, 1996 Page 5 community it affects. He suggested there be a referendum, mail in vote or a citizens' watch-dog group to approve projects. Michael Rush, 6907 Hanover, said he agreed with forming a watch-dog group to make sure the City grows as it should and to make sure residents receive intelligent answers to problems, have access to data, and have their requests treated with courtesy. Karen Sell, 8796 Flesher Circle, reviewed her concerns about the project and about development in Eden Prairie. She was concerned about setting a precedent for development of other neighborhoods. Larry Berger, 8780 Flesher Circle, was concerned about the demographics of Eden Prairie and was happy to hear about the watch-dog committees. Rob Cooper, a realtor in Eden Prairie, said he has clients who have bought Pulte Homes. He said there is a lack of affordable housing in Eden Prairie for buyers who make$30,000 - $40,000 per year. Karen Tadich, 14366 Starrwood, thought the number of months it takes for a good plan should not determine that we need to accept the project at this time. Marna Reilly, 8956 Garland Court, was concerned about safety of children. She did not like the idea of being motivated by fear of a lawsuit by the Douglas Corporation if the project is not approved. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. Harris noted that the Council will make a decision on the project as it is proposed tonight. She reviewed the system within which the City Council operates and said the Council's job is to balance the best interests of those who are here with those who are to come and those who have landowner rights. Case believed 448 townhomes on 54 acres is about as good a use as we will get on this property. He was okay with the fourth model as presented tonight and with the three tot lots to alleviate the need for internal parks without losing the cash park fee. He would like to see the variation in roofing colors and would like to have the NURP pond open space area dedicated to the City. The City could then negotiate with the School District to pay for the 25 space parking lot. He wanted to have the City agree to place in the 1997 budget the signal at Fountain Place and Hwy. 169 if it was true we could be reimbursed by the State later, and have it in place when Columbine south of Anderson Lakes Parkway is completed. He said he won't vote for rezoning of Phase 2 unless it has the same number or less units. Regarding the issue of changing the process,he said we have discussed with Staff ways to educate the Council about projects coming through so that we can handle phone calls. He thought this is a much CITY COUNCIL MINUTES July 16, 1996 Page 6 better project thanks to the community involvement. We need to develop the City with a range of housing available. Tyra-Lukens asked if we get tax revenue from the land if a portion is dedicated to the City. Enger said not if it was dedicated to the Public and very little or none if it were retained by the H.O.A. as an open space outlot.. Tyra-Lukens said we have agreed as a Council to try to promote a mix of housing in new developments. She was concerned about the problems expressed by the residents. She thought this is very definitely an improved plan; however, she has concerns about the number of units and the landscaping. She did not like to see the units loom over Staring Lake Park, and it is still a huge project Our request for architectural diversity has been ignored. We asked for a fourth unit and didn't get it. The response to our request for greater variation in the units was not what she had in mind. This is not scattered site affordable housing as we strategized it. She was concerned about concentrating most of our affordable housing along the Anderson Lakes Corridor because it may result in a lack of integration into the community. Harris thought the project is greatly changed from the original proposal, and it will give the City market rate affordable housing with less density than could be developed on this property. No wetland fill is needed and there is no tree loss. It meets every City ordinance for medium density residential property. The open space compares favorably with properties to the north and west, and it has a NURP pond to protect the water quality of Staring Lake. The plan has been amended to incorporate all of the concerns of the regulatory agencies and it will accommodate space for additional parking. She thought the project is acceptable and it does meet all of the eleven criteria. Pidcock thought the project has taken a turn around since it was started thanks to the work of the residents. She said this community wants its teachers and others who work here, its young people starting out and its retired people all to be able to live here. This project will give them that opportunity. The taxes from the project will bring in approximately$900,000 per year. Another important right to consider is the right of the proponent to develop the property. We can suggest changes and set standards for landscaping, exteriors and open spaces for the area but we cannot deny them the right to develop their property. However, she thought there are things the proponent can change, including the roof lines and the exteriors. Thorfinnson said he prides himself on coming here without a predisposed agenda and with an attitude of doing the best job he can. He does not make up his mind quickly and only after getting the information. He said there is no question that the process could always be improved, and more people should have been notified about the project in the beginning. We need to change that and make people feel a part of the process. We will work on that; however, he thought the process does work and has worked well for many years. He thought we should have some direction tonight on how we should handle the additional parking and the signal lights on Fountain Place. He was comfortable with some kind of office on the east side of the property, but CITY COUNCIL MINUTES July 16, 1996 Page 7 wanted to be sure that Phase 2 would be less than proposed or the same. He thought the City has standards for landscaping that should address the concerns expressed about the quality of the landscaping. He was comfortable with the size of the project, but thought they need to work a little more on the architectural diversity. Harris asked if the recommendations of Staff would address the concerns expressed by Councilmembers Case and Thorfinnson. Enger said they would. Harris summarized the concerns expressed by the Council: varying the roofing materials,signalization of Hwy 169 and Fountain Place,greater architectural diversity; the conservancy area near the NURP pond to be dedicated to the City; and the issue of additional parking. She was not sure how to handle the whole issue of the additional parking. Case said the additional parking was needed last year, and he suggested that Staff contact the School District to get some better determination that they will put in the money to build the additional parking. Pidcock was concerned that the parking be available to the general public and not just to the School District. Case thought that was understood, as the current parking lot at the school operates under that assumption. Enger said Staff would contact the School District immediately, and asked if the Council would expect the School District to maintain the parking area. Harris said we would. Case asked if the School District maintains the parking lot that serves the pool. Enger said they do. Tyra-Lukens said she would like to make sure proponent provides an additional ten feet of trees west of the storm water pond, per the recommendations and that a sidewalk be built on the loop roads. Franzen said we would require a five-foot wide sidewalk within the major loop road. Tyra-Lukens suggested proponent work with the Heritage Preservation Commission on street naming. The architecture and variations should be no less than discussed and hopefully much greater, and the berms and plantings should be as indicated in the packet. Buildings that need additional sound-proofing must be constructed that way. She thought we need to take care of the office and high density piece and make it all office. Enger said the Council could make a motion that the Guide Plan include that change. Case said he would like to handle the issue of the signal at Fountain Place by having Staff find out if the State will reimburse us. If they will reimburse, then the signal should be put in the 1997 budget; if they will not reimburse, then the issue should come back to the Council to determine what action to take. MOTION: Pidcock moved, seconded by Thorfinnson, to adopt Resolution 96-111 approving the request by Pulte Homes for a Comprehensive Guide Plan Change from Medium Density, High Density and Office to Medium Density Residential on 18.93 acres and to change the aggregate parcel east of Columbine to Office. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to adopt Resolution 96-112 approving Planned Unit Development Concept Review on 54.5 acres. Motion CITY COUNCIL MINUTES July 16, 1996 Page 8 carried with Tyra-Lukens opposed. MOTION: Pidcock moved, seconded by Thorfinnson, to adopt the 1 st Reading of an Ordinance approving Zoning District Change from Rural to RM-6.5 and RM 2.5 on 18.93 acres and Planned Unit Development District Review on 18.93 acres and Site Plan Review on 18.93 acres. Motion carried with Tyra-Lukens opposed. MOTION: Pidcock moved, seconded by Case, to adopt Resolution 96-113 approving Preliminary Plat of 88.5 acres into 27 lots and 3 outlots (amended plan submitted 7/11/96). Motion carried with Tyra-Lukens opposed. MOTION: Pidcock moved, seconded by Thorfinnson to adopt Resolution 96-114 Finding of the E.A.W. that no EIS will be required and to direct staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the following Council conditions: the roofing color should be varied;there should be greater architectural diversity;the conservancy area near the NURP pond should be dedicated to the City; proponent should work with Staff and the Heritage Preservation Commission on street names; Staff should discuss reimbursement from the State for the signal light at Hwy 169 and Fountain Place; and Staff should discuss with the School District their building the additional parking spaces as soon as possible. Motion carried with Tyra-Lukens opposed. MOTION: Pidcock moved, seconded by Thorfinnson, to grant proponent an early grading permit prior to 2nd Reading at his own risk. Motion carried unanimously. B. KOPESKY ADDITION by Wayne Kopesky. Request for Rezoning from Rural to R1-13.5 on 5.32 acres and Preliminary Plat of 5.32 acres into 13 lots. Location: West 82nd Street. (Ordinance for Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) Enger said proponent has requested a continuance to the August 6, 1996, meeting. MOTION: Case moved, seconded by Pidcock, to continue this Public Hearing to the August 6, 1996, City Council meeting. Motion carried unanimously. C. VACATION 96-06: VACATION OF DRAINAGE AND UTILITY EASEMENTS IN SHADY OAK INDUSTRIAL PARK FIFTH ADDITION (Resolution 96-115) Enger said a recent sale of this property brought to light the fact that easements were never vacated on this property. There were no comments from the audience. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing and to adopt Resolution 96-115, vacating drainage and utility easements in Shady Oak CITY COUNCIL MINUTES July 16, 1996 Page 9 Industrial Park Fifth Addition. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote,with Case,Pidcock, Thorfinnson, Tyra- Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO BEER, WINE AND LIQUOR LICENSING AND REGULATION AND ADOPTING CITY CODE CHAPTER 1 AND SECTION 4.99 Enger said the proposed ordinance reflects changes in State Law and changes in line with current practices for temporary liquor licenses. MOTION: Case moved, seconded by Pidcock, to adopt 1st Reading of an Ordinance amending City Code Chapter 4 relating to beer,wine and liquor licensing and regulation and adopting City Code Chapter 1 and Section 4.99. Motion carried unanimously. VIH. PETMONS,REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Revised Tree Ordinance Tyra-Lukens said some time ago she and Councilmember Case sat in on a group discussion about a revised tree ordinance. Because we are now looking at some development in the southwest quadrant, she would like to have that revision finalized and asked Staff for a status update. 2. Signs for Subdivisions Tyra-Lukens asked why we don't have signs about proposed subdivisions like other communities do. Enger said we have signs that we have used in the past, and we can start using them again. He said the Planning Commission will be discussing the general subject of the process of notification for public CITY COUNCIL MINUTES July 16, 1996 Page 10 hearings and what changes should be made to that process. He thought they could include the issue of signs in that discussion, and return to the Council with recommendations. 3. Power Outages Harris said she has received many calls complaining about the frequent power outages. Dietz said he has discussed this with NSP. Today's outage was caused by construction at Anderson Lakes Parkway and Hwy. 18. If a contractor hits a line, they have to pay for the repair; however, insurance coverage is fairly cheap, and there isn't a lot of incentive to be careful. The problem is greater in areas that have buried power lines. Dietz said we could institute some sort of penalty to contractors, but we would be the only ones that impose such a penalty. 4. Special Recognition for Tria Mann (Park& Rec) and her Staff and Dan Carlson (Police) & his Staff for the Fourth of July Celebration Case said he was very impressed with the celebration and asked Staff to communicate our appreciation to all who were involved. He asked if we might be able to give out certificates of appreciation for those who helped with the celebration. Enger said he would convey this to Staff. 5. Highview Road Concern Case said he has received calls asking that the speed limit be lowered for the curve on Highview Road. Dietz said Staff will investigate the issue. 6. Crossing to Driskill's Supermarket for Residents of Sterling Pond Case said he attended the senior issues meeting for Edendale, Sterling Ponds and Elim Shores. One of the issues that was discussed was the difficulty seniors have in crossing the highway to get to Driskill's. He asked Staff to check this out. 7. Lighting for Edendale Residents Walking to Prairie Village Mall Case said another issue brought up at the seniors' meeting was the fact that the path along the north side of the old First Bank building between Edendale and Prairie Village Mall is not lit, and seniors are very nervous about walking that path at night. He asked Staff to check this out also. Enger said Staff will contact the owners of the professional building and the owners of the shopping center about the need for lighting. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES July 16, 1996 Page 11 C. REPORT OF DIRECTOR OF PARKS.RECREATION &FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Authorization to Enter into a Brokerage Agreement for New Liquor Store Building with United Properties Enger said Council authorized Staff to enter into an agreement with an architectural firm to develop a new liquor store building. The architect has suggested that he could work with a leasing professional early in the process. They have solicited requests from brokers that specialize in small retail/commercial in this area and have negotiated a draft agreement with United Properties to serve as the broker. He asked the Council to authorize Staff to enter into an agreement with United Properties. Tyra-Lukens asked if there are any stipulations as to the terms of the lease or the type of business that can lease the space. Enger said the terms have to be acceptable to us, and the use would have to be complimentary to a liquor store. MOTION: Case moved, seconded by Pidcock, to authorize Staff to enter into a listing agreement with United Properties for lease of space in the new liquor store building. Motion carried unanimously. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Award Contract for Water Treatment Plant Expansion,I.C. 94-5350 Dietz said we received bids a few weeks ago for the water treatment plant expansion, and Staff is recommending the award be made to Knutson Construction Company. The bid includes a one-year service agreement and an engine generator that will enable us to get reduced rates from NSP and provide a back-up system for the facility. It also includes the reroofing of the existing building which has been budgeted in previous years'budgets but had been deferred until this project. He said there will be an additional expense for the educational space, but that is a separate issue. He said they received a letter of concern from the second lowest bidder pointing out some irregularities in the way the bids were received; however, we believe the irregularities were minor, and their bid was considerably higher than Knutson's. Case said we have had a workshop about this project, as well as spending several years of study before the project was authorized. Harris thought the addition of the engine generator and the reroofing of the present facility are both very important. CITY COUNCIL MINUTES July 16, 1996 Page 12 MOTION: Tyra-Lukens moved, seconded by Pidcock,to award the Water Treatment Plant Expansion to Knutson Construction Company in the amount of$20,193,000,plus$11,000 for the add alternate award for one-year service and maintenance contract for the plant control system, for a total award of $20,204,000. Motion carried unanimously. 2. Set Public Meeting Date for TH 212 Toll Road Harris said the Council promised a public meeting would be held to discuss this issue once information was available on the proposed road. Dietz said it appears that the best date is July 30, 1996, and the Heritage Rooms would provide the most space. They would set up TV cameras and a P.A. system in other areas of the City Center. Thorfinnson thought it was important to clarify that this is a Public Hearing, not an Open House. Tyra-Lukens asked why she had not received any information on the project if it is available. Dietz said they have a draft copy of a lengthy agreement between U NDoT and the proponent that describes the financial arrangements. He said the agreement could go in a final form to the Commissioners in the first part of August. After the Commission signs off, there would be a thirty- day period for communities to exercise their veto power. Harris asked if there are any indications of a change in the originally-proposed track or other details. Dietz said they would build it in accordance with the EIS and there were some modifications for ramps; however, the basic project remains the same. Harris asked if that information would be available. Dietz said it could be, and asked if the Council wanted to have a presentation about the draft. Harris thought it would be useful for the Council and those who attend the hearing. Case asked if we could bullet some facts that have become erroneous and possibly summarize the EIS. Dietz asked if the Council would like Staff to do the presentation, or if they should ask the proponent to do it. Thorfinnson was not sure the proponent would be the right one to do it. Case said he was really interested in having a fact sheet available. Harris said we need enough information for the public and the Council to be aware of what, precisely,we are discussing. She liked the idea of some kind of executive summary. The Council agreed to extend the meeting to 11:15 p.m. Tyra-Lukens asked if there would be time for another Public Hearing in August after the agreement is finalized with U NDoT. Case thought we may need a workshop session with Staff as well as a second public meeting. Dietz said this Public Hearing would give an opportunity for the public to tell us CITY COUNCIL MINUTES July 16, 1996 Page 13 their concerns. We might not necessarily address those concerns that night; rather, we could have a subsequent meeting at which we could make a presentation and try to address all the issues that surface at the meeting on the 30th. Tyra-Lukens thought that would be a very productive way to do it. Thorfumson thought people are feeling like they haven't had an opportunity to speak, and we need to let them do that rather than spending time on a presentation. Tyra-Lukens would like to have a basic fact sheet. Michael Rush was very concerned about the erroneous information that is going around about the project, and would like to have a chance to review the facts at the hearing. Harris thought we might want to print the fact sheet in the newspaper like a public notice. Dietz was concerned that a fact sheet Staff prepared might become the focus of what people are commenting on. He thought we should hear what people are concerned about, and then we could clear up erroneous data at another meeting. Rush wanted an opportunity to have dialogue at the hearing. Harris suggested Staff determine the best way to get participation and possibly arrange to have a call-in during the cablecast. Joe Brady asked if there is a possibility of a referendum on this issue. Assistant City Attorney Rosow said State Law does not provide for the opportunity of a referendum on this type of issue, and we could not spend public funds for a referendum. Brady thought it was important to have a popular vote on this and use that vote for the determination. MOTION: Pidcock moved, seconded by Case, to set Tuesday, July 30, 1996, 7:00 PM, City Center Heritage Rooms, for the public meeting on TH 212 Toll Road. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 11:20 p.m.