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City Council - 02/18/1986 i a 7 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL y TUESDAY, FEBRUARY 18, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL 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 Attor- ney Roger Pauly, Finance Director John D. Frane, 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: All members were present. } t I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: XI. A. 1. Pidcock ; XI. A. ` 2. Peterson - BFI ; and XI. B. 3. Discussion of Scoping 15ocument ETS—for 212 Project. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. PRESENTATION BY TOM C. WORTHINGTON, OUTDOOR RECREATION PLANNER AND ED CROZIEW, -REFULT MANAGER. "ON TFtt*7WGEM-AR sTATU5-UF-WE MRMA- ULLIT RATI'ORAU WILTDtTxE REFUGE 6 f Ed Crozier and Tom Worthington presented a slide show and answered questions regarding the progress and status of the Minnesota Valley National Wildlife Refuge. Mayor Peterson thanked Crozier and Worthington on behalf of the Council for their presentation. i A III . MINUTES A. Regular City Council Meeting held Tuesday. November 5, 1985 MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Regular City Council Meeting held Tuesday, November 5, 1985, as �► published. Motion carried unanimously. 1 r City Council Minutes -2- February 18, 1986 B. Special City Council Meeting held Monday, December 30, 1985 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Special City Council Meeting held flonday, December 30, 1985, as published. Motion carried unanimously. i C. Regular City Council Meeting held Tuesday, January 7, 1986 MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Regular City Council Meeting held Tuesday, January 7, 1986, as published. Motion carried unanimously. D. Special City Council Meeting held Wednesday, January 29, 1986 MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Special City Council Meeting held Wednesday, January 29, 1986, as published. Motion carried unanimously. IV. CONSENT CALENDAR A. Final Plat approval for Parkway Office Center (Resolution No. 86-28) B. Final Platapproval for Anderson Idlewild Addition (Resolution No. C. Final Plat approval for Spring Heights (Resolution No. 86-30) 1 D. Clerk 's License List # E. Set Public Hearin2 for Street Name Change for West 78th Street (west 0 or Tuesday, March F. Metropolitan Development Investment Framework t G. Grading Permit for Lake Eden North (south of Franlo Road and west of PreservBoulevard) MOTION: Bentley moved, seconded by Pidcock, to approve items A - G on the Consent Calendar. (lotion carried unanimously. V. PUBLIC HEARINGS A. RED ROCK HEIGHTS 3RD ADDITION by Jerry Hatmrast and Bill Gilk. I Request for Zoning Distric c ange from Rural to R1-13.5 on 6.4 acres, with shoreland variances to be reviewed by the Board of Appeals, and preliminary plat of 14 acres into 7 lots and 3 outlots. Location: southeast quadrant of Village Woods Drive and View Lane. (Ordinance No. 7-86 - rezoning from Rural to R1-13.5 and Resolution No. 86-27 preliminary plat) r P i City Council Minutes -3- February 18, 1986 City Manager Jullie stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified. Ron Krueger, spokesman for the proponent, addressed the request. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on January 27, 1986, at which time the Commission voted to recommend approval subject to the recommendations included in the Staff Report dated January 24, 1986, as well as resolution of the planning issues which were raised in the Staff Report. Director of Community Services Lambert stated there was no report from the Parks, Recreation & Natural Resources Commission due to the fact the Commission had not met because of the President 's Day Holiday. It was noted the Commission should review this request because of the continuation of the pathway through this property. The proponent would like to begin constr«ction and would like to request the trailway matter be resolved between 1st and 2nd Reading of the Ordinance, i Pidcock asked who would be responsible for maintaining the trail . Lambert said the present trail was put in ten years ago and was not done to City specifications . The new trail would be maintained by the City and would be concrete. Anderson said he would like to hear what the Parks, Recreation & Natural Resources Commission has to say regarding the trail. Lambert said he had some concerns about the stairway. Pidcock asked at what point does the City become liable. She said she would like to see the trail kept open all the time. s Bentley asked what impact the resolution of the trail would have on the plat. Enger said one of the options would impact the plat; changes of the type under consideration can be done after the preliminary plat is adopted and before the final plat is approved. Anderson asked the proponent if there is a real rush on this. Bill Gilk , one of the property owners, said he would like to have 1st Reading this evening; he said he was willing to work with Staff on this . Bentley said he was concerned that the Commission might recommend something entirely different from what Staff has suggested. He said he would like to wait to see what the recommendation of the Parks, Recreation & Natural Resources Commission is before taking any action. Pidcock said that five alternatives had been suggested; she did not want to see this matter held up. Anderson said he would like to see the plans for the entire trail f system in this area - all the way from the Staring Lake connection. 1. 4 City Council Minutes -4- February 18, 1986 a MOTION: Bentley moved, seconded by Anderson, to continue action on this request to the March 4, 1986, Meeting of the City Council. Motion carried unanimously. a B. CARDARELLE III AMENDMENT by Frank R. Cardarelle. Request for Zoning District Change rom fice to C-Regional -Service on one acre for s existing building. Location: northwest quadrant of Regional Center i Road and Eden Road. (+Ordinance No. 9-86 - rezoning from Office to C- Regi onal -Service) City Manager Jullie said notice of this Public Hearing had been published and property owners within the adjacent vicinity had been notified. i Frank Cardarelle, proponent, addressed the request. n Planning Director Enger stated the reason for the request was that the Guide Plan shows this as a Regional-Commercial use; Cardarelle could have requested this zoning when the proposal was originally before the r Council . Enger said the Planning Commission recommended approval subject to the recommendations included in the Staff Report dated January 27, 1986. Enger noted the proponent has since submitted a site plan which shows revisions to grading and parking which do not t. conform with Staff recontrwndations ; therefore, Staff cannot recommend r approval at this time. i Bentley asked if this was an economic decision. Cardarelle said he has been getting requests from printers, barbers, etc. to locate in f this building. Bentley asked what the Ordinance presently allows in this zone. Enger said it allows for supporting commercial uses. E Bentley asked if there were alternatives the City might use rather than rezoning the property. He said he believed the problem would be compounded should this be allowed. Bentley said he did not think this would be a good idea. Enger said perhaps the districts should be made more exclusive. Peterson asked if this would have been approved originally as it stands now. Enger said he believed the Planning Commission would have recommended approval. Peterson said he did not think it was the responsibility of the Council to determine the mix of uses. Redpath said the Council has approved a number of strip malls within this area; he wondered whether or not a 50/50 break in uses might be too ` high. Cardarelle said this would allow for flexibility. f Bentley said he was concerned that the type of use would in that structure would change after the structure has been built which would in actuality be voting for a zoning change -- the Council would be endorsing the use. City Council Minutes -5- February 18, 1986 Enger said the C-Regional -Service district allows 100% retail-service. Cardarelle can only squeeze enough parking for it to be 50/50. Enger said the City cannot be more restrictive than what the zone allows. Bentley said it seemed to him it was a marketing problem. He suggested perhaps an interim-use permit might be issued so the City would have same controls. Enger said the idea is not to create any permanency. 4 Peterson asked if the use fits the area. Enger said he thought it j did. i Anderson asked if this was consistent with what has been done in the past. Enger said this has never been done before. a There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock, to close the Public i Hearing and to give 1st Reading to Ordinance No. 9-86. Redpath said he believes there should be provisions made for some retail in an office building but he thought that a 50/50 split was too much. Bentley said he believed the major function of that building should be for office use. 'l VOTE ON THE MOTION: The motion failed with Bentley, Redpath and Peterson voting "no". MOTION: Redpath moved, seconded by Pidcock, to reconsider the previous motion. Motion carried with Bentley voting "no". 3 MOTION: Redpath moved, seconded by Anderson, to reopen the Public Hearing and to continue action for two weeks, and to instruct Staff and Cardarelle to work together to resolve the situation. Motion carried with Bentley voting "no". C. CONSIDERATION OF TAX INCREMENT FINANCING DISTRICT NO. 10 {Resolution No.$6=T2T­ANII_'RE3MTrffR_AUM0 -QUEST—T6 ZERMY ASSESSED j VALUE OF REAL--P7{OPERTY IN THE TAX INCWNTFTFA►NCTRG DTSTRM _107-TU esoluTion Noo.$6=3Tj a City Manager Jullie stated notice of this Public Hearing was published. City Attorney Pauly said this matter involves the establishment of Tax Increment Finance District No. 10. Pauly reviewed the proceedings to date involving this matter and entered into the record the followings i City Council Minutes -6- February 18, 1986 1 1. Letter of August 26, 1985, to Mayor and City Council from the Larkin, Hoffman, Daly law firm; 2. Memorandum of October 25, 1985, from Planning Director Enger to the Planning Commission ; 3. Planning Commission Minutes of October 28, 1985 and the evidence introduced and described in those minutes; 4. Housing and Redevelopment Authority Resolution No. 85-02 together with the documents and reports of November 5, 1985, including the Redevelopment Plan and Tax Increment Financing District No. 10; 5. Resolution No. 85-243 of the City Council of Eden Prairie which approved the Redevelopment Plan and preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10, as well as the Minutes of those proceedings; 6. The buyer's settlement statement showing the purchase of the i property for $150,000 with the purchase agreement dated November 19, 1985, as well as copies of the checks ; 7. Preliminary closing statement; 8. Hearing draft of the Tax Increment Financing Plan dated January 1986; 9. Developer's Agreement dated August 20, 1985, between the City and Prairie Village Limited Partnership; 10. January 17, 1986, letter from John D. Frane to the Eden Prairie School District No. 272; 11. Letter from John D. Frane dated January 17, 1986, to School District No. 289; 12. Letter from John D. Frane dated January 17, 1986, to Hennepin County Board of Commissioners ; 13. Resolution No. 86-01 of the mousing and Redevelopment Authority dated February 18, 1986. Woody Bjork, member of the Human Rights b Services Commission, said he had not heard any action taken by the Commission referred to in Pauly 's referenced list. Bentley noted the reason is that this has to do only with the financing package for the project. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 86-32, Reasons and Facts Supporting Findings for Establishment of Proposed Tax Increment Financing District No. 10 and the Adoption of a Tax Increment Financing Plan Relating thereto. Motion carried unanimously. MOTION: Redpath mwved, seconded by Bentley, to adopt Resolution No. 86-31, requesting the County Auditor to Certify the Original Assessed Value of the Real Property within the Boundary of the Prairie Village Tax Increment Financing District No. 10. Motion carried unanimously. �4. 'f City Council Minutes -7- February 18, 1986 VI . PAYMENT OF CLAIMS NOS. 25381 - 25701 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 25381 - 25701. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. VII . ORDINANCES & RESOLUTIONS A. 1ST READING OF LAKE RILEY SURFACE USE ORDINANCE (Ordinance No. 8-86) City Manager Jullie stated this proposed Ordinance would establish a "slog no wake" zone extending 150 feet out and along the entire lengtn of Riley Lake Park. It would also provide a designated water skier pick-up and drop-off area along the City-owned land. The ONR Staff has indicated preliminary approval of the proposed Ordinance with formal approval by the Cammissioner to occur after the City adopts 1st Reading. Director of Community Services Lambert called attention to his memorandum of January 23, 1986, in which this matter was discussed. Anderson asked who would be responsible for enforcing the Ordinance. Lambert said it would be the Eden Prairie Public Safety Department and the Hennepin County Water Patrol . NOTION: Bentley moved, seconded by Anderson, to give 1st Reading to Ordinance No. 8-86, Amending City Code Chapter 9 by renumbering present Section 9.64 as 9.65; and by renumbering present Section 9.65 p as 9.66; and by adding Section 9.64 relating to the Regulation of the Use of Riley Lake; and adopting by reference City Code Chapter I and Section 9.99, which, among other things, contain penalty provisions. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley, to direct Staff to conduct a study to see about improving the safety of access to Riley Lake Park. Anderson noted this would be taken care of with the expansion of the park ; this should be referred to the Parks, Recreation & Natural Resources Commission. Pidcock said she thought there should be an interim means to guarantee safety or some innovative way to provide parking. Lambert noted the Hendrickson property has been purchased by the City and that should help with the parking situation. Redpath stated this park is used by people from the entire metropolitan area; perhaps this should be one area where one must have a City permit to use the park. VOTE ON THE MOTION: Motion carried unanimously. x 4P s City Council Minutes -8- February 18, 1986 B. RESOLUTION NO. 86-33 AMENDING FEE RESOLUTION NO. 86-01 City Manager Jullie stated there are two sets of amendments to the City's Fee Resolution proposed. The first set relates to building permit fees ; the second set, covers an amendment to the cash park fees. Redpath said he would like to know what the City charges for fees -- how much do the City 's fees add to the cost of a house. Pidcock asked if a 5% fee increase in the Cash Park Fees could be justified. Lambert stated the fees are used to acquire and develop park property. He stated there has been more than a 5% increase in the costs of acquisition and development over the past two years. Lambert said Eden Prairie is the only community where there is not an automatic increase based on land costs as well as development costs. Anderson said he would like to see more trails built in the City. Lambert said some of the trail development would have to come via a bond referendum due to the expense of creek and railroad crossings. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-33, adjusting portions of Resolution No. 86-01 regulating fees and charges for business licenses, permits and municipal services. Motion carried with Pidcock voting "no". VIII . PETITIONS, REQUESTS & C014MUNICATIONS A. Grading Plans at Flying Cloud Landfill This item was withdrawn at the request of the proponent. i IX. REPORTS OF ADVISORY COMMISSIONS f There were no reports. 3 X. APPOINTMENTS r a A. BOARD OF APPEALS & ADJUSTMENTS - Appointment of 4 members for three- year terms commencing3-1-86 The following names were placed in nomination: Hanley Anderson, William Arockiasamy, Steve Longman, and Lyn Dean. MOTION: Anderson moved, seconded by Pidcock , to close the nominations and to cast a unanimous ballot for the appointment of Hanley Anderson, William Arockiasamy, Steve Longman, and Lyn Dean to the Board of Appeals and Adjustments for three-year terms commencing 3-1-86. Motion carried unanimously. B. BUILDING CODE BOARD OF APPEALS - Appointment of 3 members for three- year terms commencing b City Council Minutes -9- February 18, 1986 The name of Robert Lapic was placed in nomination. MOTION: Redpath moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appointment of Robert Lapic to the Building Code Board of Appeals for a three-year term commencing 3- 1-86. Motion carried unanimously. Peterson said he would contact others who might be interested in appointment to this Board. C. DEVELOPMENT COMMISSION - Appointment of 3 members for three-year terms commencing 3- 1-86 The name of Don Opheim was placed in nomination. MOTION: Bentley moved, seconded by Anderson, to case a unanimous ballot for Don Opheim for appointment to the Development Commission for a three-year term commencing 3-1-86. Motion carried unanimously. The names of Dr. Jean Harris, Michael Dahle, Marcia Kolb, and Ann Youngdahl Boline were placed in nomination. Voting for Harris were: Andersan, Bentley, Pidcock, Redpath and Peterson. Voting for Dahle were: Anderson and Peterson. Voting for Ann Youngdahl Boline were: Bentley, Pidcock, and Redpath. Dr. Jean Harris and Ann Youngdahl Boline were appointed to three year terms on the Development Commission commencing 3-1-86. D. FLYING CLOUD AIRPORT ADVISORY COMMISSION OF EDEN PRAIRIE - Appointment of 2 members representative of the Flying ou Businessmen's Association and 1 resident representative) for three-year terms commencing 3-1-86 The name of Les Lewis was placed in nomination. MOTION: Bentley moved, seconded by Pidcock, to appoint Les Lewis to a three-year term on the Flying Cloud` Airport Advisory Commission of Eden Prairie commencing 3-1-86. Motion carried unanimously. The names of William Helker, Dennis Larson, and Allan Callander were placed in nomination. Voting for Helker were: Anderson, Pidcock, and Redpath. Voting for Larson was: Bentley. Voting for Callander was: Peterson. Helker was appointed to a three-year term on the Flying Cloud Airport Advisory Commission of Eden Prairie commencing 3-1-86. i y e' 1 City Counci 1 Minutes -10- February 18, 1986 E. HISTORICAL & CULTURAL COMMISSION - Appointment of 3 members for two year terms commencing 1-1-86 The names of Philip Rohler, Adeline M. Bramwell , and Janes 0. Mavison were placed in nomination. MOTION: Redpath moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appointment of Philip Rohler, Adeline M. Bramwell , and James D. Mavison to the Historical & Cultural Commission for two-year terms commencing 3-1-86. Motion carried unanimously. F. HUMAN RIGHTS & SERVICES COMMISSION - Appointment of 3 members for ree-year tcrms comnencing 3-1-86 The names of Elizabeth Kelly, Woodrow B jork , William Jackson, Rod R. Olsen, Rosemary Finley, Gail Leipold, and Peter G. Iversen were placed in nomination. Voting for Kelly were: Anderson, Bentley, Pidcock, Redpath, and Peterson. Voting for Bjork were: Anderson, Bentley, Pidcock, and Peterson. Voting for Jackson were: Anderson, Bentley, Pidcock, Redpath, and Peterson. Voting for Olsen was: Redpath. Elizabeth Kelly, William Jackson, and Woodrow Bjork were appointed to three-year terms on the Human Rights & Services Commission commencing 3-1-86. G. PARKS RECREATION & NATURAL RESOURCES COMMISSION - Appointment of 3 members-forthree-year terms commencing3-1-86 9 The name of Pat Breitenstein was placed in nomination. MOTION: Redpath moved, seconded by Bentley, to cast a unanimous ballot for the appointment of Pat Breitenstein to a three-year term on the Parks, Recreation & Natural Resources Commission commencing 3-1- 86. Motion carried unanimously. The names of Karon Joyer, Brian Mikkelson, Rodney R. Olsen, Paul J. Becker III, and Jerry Kingrey were placed in nomimation. Voting for Joyer were: Bentley, Pidcock, Redpath, and Peterson. Voting for Mikkelson were: Bentley and Redpath. Voting for Olsen was: Anderson. Voting for Becker was: Peterson. Voting for Kingrey were: Anderson and Pidcock. There was a tie between Mikkelson and Kingrey. City Council Minutes -11- February 18, 1986 Votingfor Mikkelson were: Bentley, Redpath, and Peterson. Y Voting for Kingrey were: Anderson and Pidcock, a Karon Joyer and Brian Mikkelson were appointed to the Parks, Recreation & Natural Resources Commission for three-year terms commencing 3-1-86. H. PLANNING COMMISSION - Appointment of 4 members (3 for three-year terms and I to fi 11 an unexpired term to 2-28-87) The following names were placed in nomination: Rich Anderson, Charles Ruebling, Bob Hallett, Ed Schuck, Kevin Fitzgerald, Cheryl Ann Poling, Dwight Harvey, Pinky Bramwell , and Thomas Umhoefer. Voting for Anderson were: Anderson, Bentley, Redpath, and Peterson. Voting for Ruebling were: Anderson, Bentley, Redpath, and Peterson. Voting for Hallett were: Anderson, Bentley, Pidcock, Redpath, and Peterson. Voting for Schuck were: Anderson, Bentley, Pidcock, Redpath, and Peterson. Voting for Fitzgerald was : Pidcock. Voting for Poling was: Pidcock. a Charles Ruebling, Bob Hallett, and Ed Schuck were appointed to three- year terns on the Planning Commission commencing 3-1-86. C Rich Anderson was appointed to a one-year term on the Planning Commission commencing 3-1-86. I . HENNEPIN COUNTY BLOCK GRANT CITIZENS ADVISORY BOARD - Appointment of 1 representative for an indefinite term comnenc ng rmediately t Peterson said he would continue to seek interested parties to fill { this appointment. f XI . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Counci lmembers 1. Pidcock - stated she had not been notified about the litigation concerning BFI . - requested City Manager Jullie respond to the allegations raised in Jan Calhoon 's letter of resignation. 2. Peterson - reported that City . Manager Jullie, Councilmember eR dpath ,. Director of Public Works Dietz, and he had attended a meeting at which time the Report of BFI 's consultant was presented. Peterson suggested the Council hold a special meeting at which time the full Council and residents could hear what BFI City Council Minutes -12- February 18, 1986 has to say about the Report. City Manager Ju l l i e said he would suggest the City employ a consultant hydrologist to review the Report on behalf of the City; the cost of this would be about $3,000. Redpath recalled the last time the City had looked to employ a hydrologist most had some connection with BFI. MOTION: Bentley moved, seconded by Anderson, to authorize up to $3,000 to employ a consultant to review the Report prepared by the BFI consultant. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. v MOTION: Bentley moved, seconded by Redpath, to set a. Special 5 Meeting of the City Council for Tuesday, March 11, 1986, at 7:00 p.m. in the High School Auditorium at which time the Landfill Report will be presented. Motion carried unanimously. Anderson suggested the City look to the university of Minnesota for a hydrologist. i B. Report of Cif Manager 1. Transit Planning Activities Assistant to the City Manager Dawson addressed his memorandum dated February 11, 1986, in which this matter was addressed. MOTION: Bentley moved, seconded by Anderson, to authorize $10,000 for professional services for implementation of the Transit s Alternative Demonstration Project Plan and direct Staff to execute a letter of understanding with the City of Chaska for these 3 services ; and that Staff and the City Attorney be directed to work on a joint powers agreement to create a transit commission which will provide transit service to the participating communities. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. 2. Update on Ci y Hall Site Selection Process City Manager Jullie called attention to Director of Community Services Lambert 's memorandum dated February 13,, 1986, in which this issue was addressed. Lambert reviewed the process to date. Lambert said the City Needs Committee believed the referendum should be a single issue question of $13 million or less. If this could not be a single- issue question then the City Hall and fire station should be on the ballot in 1986; in 1987 the parks issue could be put before the voters. City Council Minutes -13- February 18, 1986 Anderson asked if a city of 24,000 could justify another sheet of ice. Lambert said the City Needs Committee looked at that last year and said the City could support another sheet of ice. Lambert said the numbers showed that by 1990 100% of the ice would be used by Eden Prairie residents. Jullie stated that City Attorney Pauly 's office has concluded that the City cannot have a single issue question. He said Staff would recommend that the Council continue with the May 6th date; that 1 the referendum question include only the City Hall and fire station which would be consistent with the report of the City Needs Committee; and that the Council direct Staff to get a Request for Proposal for architects to study expansion of the Community Center. Jullie said that during the next 30 days the architects will have available the full dollar amount necessary for both the City Hall and fire station and the Council could finalize the amount at its meeting on March 25th MOTION: Redpath moved, seconded by Bentley, to abide by the results of the City Needs Study Committee; to instruct Staff to work with architects on a request for proposal regarding thz expansion of the Community Center in 1987; to set May 6, 1986, as the date for the referendum; and to confine the referendum to the recommendations of the City Needs Study Committee which was for a C City Hall and a fire station to be located in the southeast portion of the City. Peterson asked if there would be a possibility to link the various issues to be covered in a referendum. City Attorney Pauly stated that separate propositions must be placed on the ballot for each issue. Anderson said he would really like to see all four issues put before the voters this year; since that is not possible he said he would support Redpath 's motion. Bruce Brown, 18195 South Shore Lane, said he would like to see a single-issue referendum covering all four items which have been discussed. Brown said he has been working towards expansion of the Community Center and spoke to the needs for a second sheet of ice. VOTE ON THE MOTION: Motion carried unanimously. 3. Discussion of Scoping Document - EIS for 212 Project City Manager Jullie said the EIS would cover several alternatives and not only the one which the City has chosen as the preferred alignment. Director of Public Works Dietz stated there will be a Public Hearing regarding this matter on February 26, 1986. The City has gone on record in the past as favoring the residential alignment. City Council Minutes -14- February 18, 1986 C. Report of City Attorney City Attorney Pauly requested a closed-session meeting with the Council following the regular meeting this evening to discuss litigation pending before the City. D. Report of Director of Community Services 1. Request from Jim Boyce Director of Community Services Lambert addressed his memorandum of February 3, 1986, in which this matter was addressed. 140TION: Redpath moved, seconded by Anderson, to direct Staff to obtain an appraisal of the Boyce parcel as a basis for structuring a favorable set of terms for acquisition of the property. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. 2. Hydro/Geological Analysis of Purgator,y Creek Recreation Area Director of Community Services Lambert spoke to his memorandum of February 13, 1986, in which this issue was addressed. i MOTION: Anderson moved, seconded by Redpath, to accept the recommendation of Staff and to authorize the use of Cash Park Fees for the Hydro/Geological Analysis of the Purgatory Creek f Recreation Area by Hickok and Associates and to request the Riley Purgatory Creek Watershed District to consider funding 50% of this study; should the Watershed District reject this opportunity, Staff is to come back to the Council for further review and s consideration. Motion carried unanimously. a E. Report of Finance Director 1. Problems with Remote Water Reader Meters (continued from 2-4-86) Finance Director Frane spoke to the problem which was discussed in his memorandum of February 12, 1986. Peterson said he was opposed to forgiving water bills. City Attorney Pauly spoke to the problems of proof. He said the water bill does not go with the real estate; when ownership changes, the City must be able to prove the excess water was used by the person to whom the claim is being made. Redpath suggested the meters be read as a part of a building inspection should the City decide to make inspection mandatory when a home is sold. Pauly said the City has the right to go inside and read the meters now. City Council Minutes -15- February 18, 1986 s Bentley said he thought the City should replace the problem meters and arrange some type of solution with the Neptune Company so the City would not suffer a loss of revenue as a result. The consensus was to explore the deferment issue further. MOTION: Bentley moved, seconded by Redpath, to replace the broken meters as soon as possible and to defer any deferments until further information is available. Motion carried unanimously. XII . NEW BUSINESS There was none. XIII. ADJOURNMENT The Council adjourned to a closed-special session to discuss matters of litigation with City. Attorney Pauly. p