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HomeMy WebLinkAboutCity Council - 07/06/2004 - Workshop APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JULY 6, 2004 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room H I. DOGS AT ATHLETIC FIELDS Scott Neal provided some background on this discussion topic. After the 2003 fall soccer season,representatives from the Eden Prairie Soccer Association asked the City for help in dealing with dogs at Flying Cloud Fields during soccer games. The Parks and Recreation Commission concluded that dogs should be banned at the Flying Cloud Fields. Signs notifying the public of the dog ban were posted at the fields in this spring. The City received a number of calls asking why dogs are not allowed at the fields, especially when the fields are not in use. Council and staff agreed that further consideration of the issues was in order. Parks and Recreation Board members and athletic association representatives were invited to participate in this discussion. Mayor Tyra-Lukens noted that the minutes from the Parks and Recreation Board meeting indicate that the football and baseball associations do not view dogs as a problem at their fields. Parks and Recreation Director Bob Lambert explained that the City Code currently states that dogs must be on leash and owners must clean up after them. He said the major issue at Flying Cloud Fields is that the soccer fields are so close together that when a dog is present during a game,people watching the game who do not want to be near the dog have nowhere to go. The softball and football fields don't have these types of crowding issues and dogs are consequently not a problem for them. Ken Bomben, current Director of the Soccer Association, said he was asked to attend the workshop by Soccer Association President Sandy Payne. He said there are between 14 and 16 soccer fields at Flying Cloud in a relatively small space,with only about 5 yards Council Workshop Minutes July 6,2004 Page 2 between fields. Often during soccer season,there are simultaneous games in progress on every field. In this setting, even quite well behaved dogs can get quite excited and jump on people. Bomben said the Soccer Association received an inordinate number of complaints about dogs last fall, including a number of complaints about dogs breaking away and getting onto fields during games and dogs jumping at kids and into groups of kids. The Soccer Association came before the Parks and Rec Board for help in getting dogs off the fields. He said the association requested an ordinance that would allow them to ask adults with problem dogs to leave the fields. The Parks and Recreation Board viewed it as an"all or nothing"situation, and decided to ban dogs from Flying Cloud Fields at all times. Councilmember Case said it is difficult to explain to the public why dogs are banned at all times when the problems occur only during soccer games. He also said it will be confusing to people coming from out of town for soccer tournaments. Lambert said it would be relatively easy to communicate the ban through flyers. He noted that many communities don't allow dogs in public parks at all. He said he attended an MPRA conference recently at which there was discussion about whether or not to allow dogs in parks even on leash. Councilmember Young said he thinks an out-of-towner would be more surprised to be told they cannot light up a cigarette even in a secluded part of the park. Councilmember Mosman asked Lambert if there is any way to empower the Soccer Association with the ability to ask an individual with a"problem"dog to leave the fields, rather than banning all dogs on the fields at all times. Lambert suggested the City enter into a lease agreement with the Soccer Association similar to the types of agreements used to rent out park shelters. This type of agreement allows the leasee to lay down certain ground rules during the time the lease is in effect. Rosow said the agreement would have to spell out that the leasee is in control of the grounds and has the authority to ask any individual to leave. If the individual refused to leave, they could be charged with trespassing. Rosow also cautioned that the Soccer Association should set clear guidelines and follow them consistently. He said the more subjective the rules are,the more problems will arise. Case said he would like to see the Soccer Association empowered to deal with the problem dogs as they see fit. Mosman asked about the possibility of setting aside an area at the end of the soccer fields for dogs. Bomben said that would work well with the bigger fields,but not on the smaller ones, since people would not be able to observe the games well. Tom Bierman, current Parks and Recreation Board member and former Soccer Association President, said he has grappled with the issue of dogs on Flying Cloud Fields for years. He reiterated that there is very little room between fields and strange dogs, (which are often at face level)with small children is a formula for trouble. He said he has often had to intervene in dog/child confrontations. He said he considers dogs on the fields issues of health and safety. He said he has spent hours walking the fields to pick up dog waste before soccer games. In his opinion, a"half-hearted solution"will not be effective. He proposed an ordinance prohibiting dogs on or near athletic fields when they Council Workshop Minutes July 6, 2004 Page 3 are in use. When the fields are not in use, anyone having a dog on or near one should be required to carry a visible container for disposing of waste. Councilmember Young said he agrees with much of what Mr. Bierman said. He said putting the responsibility on the Soccer Association to ask offenders to leave will end up being a mess for the police; however, he has less of a problem with the lease idea than with Mr. Bierman's proposed ordinance. He said the goal is to prevent dogs from being on the fields during soccer play. Lambert said an ordinance could call for no dogs within 50' of a soccer game or practice. Case said he feels this would be"solving a problem that doesn't exist," since there is a problem with dogs only at one field. He said the lease concept would allow a particular group to enforce their own rules. In this instance he is not in favor of passing an ordinance that would limit people's rights. Mayor Tyra-Lukens suggested trying the lease approach first. If this does not work, Council could then consider an ordinance that applies to Flying Cloud Fields only. Lambert said an Ordinance would not be needed, since as Parks Director he has the authority to limit dogs anywhere within the park system. Neal said he likes the idea of using a tool that already exists (lease agreements), and extending it to the use of athletic fields. Bomben said he feels the lease agreement concept is worth trying. He will work with the Association to have guidelines in place for the spring season and will make sure they are widely distributed before the season begins. Council Chamber II. OPEN FORUM 1. Don Uram Former Management and Budget Director Don Uram appeared before Council to express his appreciation for the opportunity to work for the City. 2. Jaque Frykland Ms. Frykland submitted a petition urging the Council to help convince MnDOT to install flashing warning lights in advance of traffic lights at the 212/Pioneer Trail intersection. Ms. Fryklund said her daughter was one of five teenagers in a car that was struck by a car that ran a red light at that intersection in June. She said three of the kids in the car were injured seriously enough to require hospitalization. She noted that her son was also involved in a serious accident at the same intersection eighteen months ago. Ms. Fryklund sited statistics on the number of accidents at the intersection, including an estimate that 40 percent of the accidents were caused by driver inattentiveness or running of a red light. She also cited roadway design issues that include reduced sight lines. She said plane takeoffs and landings at Flying Cloud Airport can also be dangerously distracting to drivers. Ms. Fryklund said it is time for the City and State to look at alternatives to make the intersection safer. Ms. Fryklund warning lights of the kind she and the other petitioners are Council Workshop Minutes July 6, 2004 Page 4 advocating have been shown to reduce accidents by up to 29 percent. She said she realizes it will take some time for this request to come to a conclusion, and she thanked Eden Prairie police and fire fighters as well as the State Patrol for the services they provided at the scene of the accident. Mayor Tyra-Lukens said that because these are not City roads, the City cannot install warning lights ourselves. She said we can advocate for them at the state level. Gene Dietz said he will draft a resolution requesting that MnDOT conduct a safety review of the intersection. The resolution will be included on the next Council Agenda for approval. Councilmember Butcher thanked Ms. Fryklund for bringing this important issue before the Council. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT