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HomeMy WebLinkAboutCity Council - 06/05/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES z TUESDAY, JUNE 5, 2990 7:30 P.N. CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCII. MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas. COUNCIL STAFF: City Manager Carl J. Juilie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation and Natural Resources Rober Lambert, Director of Public Works Eugene A. Diets, and Recording Secretary Rebecca Brasys. PLEDGE OF ALLEGIANCE ROLL CALL: All Members Present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS NOTION Pidcock moved, seconded by Harris to approve that Agenda as published. ANUENMOTENTS Add to Consent Calendar Clerk's Licenses A request for peddler's license for James Cameron for the Bluebell Ice Cream Truck. Remove from Consent Calendar Item III M, as it was not in proper order. Add Items Z. A. 1-5. II. MINUTES A. City Council Meeting held Tuesday, September 19, 1989 MOTION: Pidcock moved, Harris seconded to approve the Minutes of the City Council meeting held Tuesday, September 19, 1989, as published and amended. CORRECTIONS: Page 17, Paragraph 1 Public Relations for City Awards should read: An effort should be made to have better public relations and to increase publicity when an award is received. Page 18, second to last paragraph, last sentence should reads Bertrand recommended that a spot be left open on the agenda for public comment. First sentence of the sane paragraph should reads Bertrand believed that the decision made by the Council was a direct reflection on the American Legion Club and its operation's. Notion carried unanimously i I 1 City Council Minutes - Z - June 5, 1990 B. City Council Meeting held Tuesday, May 8, 1990 Pidcock moved, Barris seconded to approve the Minutes of the City Council meeting held Tuesday, May 8, 1990. Motion carried unanimously. C. Joint City Council/Landfill Advisory Cosotittee_Meeting held Monday, May 14, 1990 Harris moved, Pideock seconded to approve the minutes of the Joint City Council/Landfill Advisory ConnItte Meeting held Monday, May 14, 1990 as amended. CORRECTIONS: On Page 1, Staff: should be an indication that Mr. JullLe arrived late for this meeting. Motion carried with Peterson and Anderson abstaining. D. City Council Meeting hold Tuesday, May 15, 1990 Harris moved, Pidcock seconded to approve the minutes of the City Council Meeting held Tuesday, May 15, 1990 as amended. Page 8, second paragraph should read: Pidcock thanked Mr. Tanpas for bringing bis relationship with the proponents to the forefront as she was questioning his participation at the Planning Commission after reading the minutes of its May 14 meeting. Notion carried unanimously. E. City Council Meeting held Wednesday, May 30, 1990 Anderson moved, Pidcock seconded to approve the minutes of the City Council Meeting held Wednesday, May 30, 1990, motion .tarried with Barris and Anderson abstaining. III. CONSENT CALENDAR A. Clerk's License List B. Petition from Rustic Bills Neighborhood regarding Playground Improvements C. Trail Easement from Beach Road to Bryant Lake Park Barris asked if this meant that the Council would probably have to go to condemnation. Diets responded yes, within two years. D. Approval of Reimbursement to Watershed District for Lake Riley Chain-of-Lakes Clean-up Project s City Council minutes - 3 - June 5, 1990 Harris asked if there was any hope of ever having this project completed and where Chanhassen stood on this issue. Diets responded it was probably unlikely to move forward with the position of the current Chanhassen City Council. Harris asked if the City would have to go through this whole process again for another grant, to which Diets responded yes. Harris asked what was the primary barrier to Chanhassen being able to obtain public access. Diets responded that the property owners on the lake oppose the access and the Council agrees with their position. E. Receive Petition and Order Feasibility Study for Sanitary Sewer, Watermain, Storm Sewer, and Street Improvements for East and West Sunrise Circle (RESOLUTION NO. 90-148) F. Approve Resolution Authorizing Permit Application for Connection to metropolitan Waste Control Commission facilities (RESOLUTION NO. 90-149) G. Authorise Release of Land from Special Assessment Agreement Dated December 7, 1982 Associated with I.C. No. 52-038 S. Approve Final Plat of Brody Addition Located at the SW Corner of Eden Road and then Lane (Ciatti's and Frank's site) RESOLUTION NO. 90-153. I. Resolution Requesting Hennepin County Board to Restore Funding to #, Fairview Receiving and Evaluation Center (RESOLUTION NO. 90-153) J. Approve Agreement with mnDOT for Construction of Detached Frontage Road south of T.R. 5 in Section 18 (RESOLUTION NO. 90-137) X. Award Contract for Construction of Detached Frontage Road south of T.H. 5 in Section 18, I.C. 52-177 (RESOLUTION NO. 90-146) a L. Approve State Aid Agency Agreement with MnDOT (RESOLUTION NO. 90-14T) M. Receive 100% Petition and Order Preparation of Plans and Specifications for Public Improvements for Round Lake View located in the NW Corner of Valley View Road and Duck Lake Road (Resolution No. 90-151) (Removed from agenda. ) N. Authorise Sewer Access (SAC) and Water Access (WAC) Charges to be Specially assessed for 6850 Alpine Trail O. Award Hid for Re-roofing of the Senior Center P. RESOLUTION NO. 90-155, Amending the Industrial Development Bond for Bryant Lake Partners Project (Evergreen) Jullie stated it was the Council's policy since 1986 to charge 1/8 of a point on refinancings and restructuring of industrial revenue bonds or housing revenue bonds. In this cams, this project was } a City Council minutes - 4 - June 5, 1990 -grandfathered in- as it was approved just before that policy became effective, and this was basically a change in the interest rate only. As this proposal was not a full-blown restructuring, staff was recommending that the 1/8 point not be charged in this situation. Q. RESOLUTION NO. 90-156, Reallocating Connection Charges, User tees and the Interest Thereon from the Utility Debt Service Fund to the Utility Reserve Fund R. RESOLUTION NO. 90-157, Transferring S. RESOLUTION NO. 90-158, Adopting the 1989 final Budget Barris commended the staff for bringing in the 1989 budget $281,000 under the approved budget. T. RESOLUTION NO. 90-159, Transferring Surplus Balances from Construction Funds to their Debt Service rands. U. Eden Prairie Funeral Rome by Marcus Corporation. Adoption of RESOLUTION NO. 90-118, Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 0.95 acres; 2nd Reading of Ordinance No. 29-89, Zoning District Change from RM-2.5 to Community Commercial on 0.95 acres with variances to bo t reviewed by the Board of Appeals; Approval of Developer's Agreement for Eden Prairie Funeral Roue; Adoption of RESOLUTION NO. 90-119, Authorising Summary of ORDINANCE NO. 29-89 and Ordering Publication of said summary; adoption of RESOLUTION NO. 90-120, approving Site Plan review. 0.95 acre for 1 lot for the construction of a funeral home. Locations southwest corner of Torrey Pine Drive and County Road 4. (RESOLUTION NO. 90-118 - Comprehensive Guide Plan Amendment; ORDINANCE NO. 29-89 - Resoning; RESOLUTION NO. 90-119 - Authorising Summary and Publication; RESOLUTION No. 90-120 - Approving Site Plan Review) Harrris asked if the proponents were still going forward with this project as she believed it had been withdrawn. Jullie responded they are requesting a :oning of the property so that if they find another operator who would be interested in developing the property for the same purpose, they can proceed. Peterson asked if it would be legal for the Council to withhold the resolution until it was sure what will be done with the property. The Council would not face the possibility of resoning the property now and then see it developed for a different use. Pauly stated the resoning process included the adoption of a developer's agreement, which provided a safeguard. Also, one incentive to proceed with resoning was the amount of time involved in the process. From a practical point of view it mould be best to proceed, and if they did not develop the property in accordance with the agreement, then to rezone it at that time. 8 City Council Minutes - 5 - June 5, 1990 Pidcock stated she did speak with the proponents and they indicated they were considering proceeding with their plans. V. Approve Agreement with MnDOT for State Aid Computer System (RESOLUTION NO. 90-154) MOTION: Harris moved, Pidcock seconded to approve Items A through V on the Consent Calendar, with the omission of Item M. Motion carried unanimously. IV. PUBLIC HEARINGS A. EDEN PRAIRIE FORD by Shea Architects, Inc. Request for Zoning District Change from Rural to C-Reg-Ser and Site Plan Review on 8.2 acres, with variance for outside storage to be reviewed by Board of Appeals, and Preliminary Plat of 24.6 acres into four (4) lots for construction of an automobile dealership. Location: North of Plaza Drive, west of Crown Auto. (Ordinance No. 20-90 - Rezoning; Resolution No. 90-141 - Preliminary Plat) Continued from May 15, 1990. Jullie reported all notices were properly published and mailed to i surrounding property owners. Eager reported that according to the May 31st memo sent to the Council members, building exterior material elevations had been received, the lighting plan revised in accordance with the Council's direction for 3.5 average foot-candle rating across the lot, and no more than a 10 foot-candle rating at the 2600 square loot showcase area of the site. The *torsi drainage study indicated the hundred year flood elevation at 837 .9, and the floodplain requirements should be able to be not within the site plan as drawn. Peterson asked about the concern previously expressed regarding the MnDOT alignment of Hwy. 212 and consequent realignment of Plaza Drive and how that would affect this site. Eager stated the UnDOT potential Hwy. 212 design was a late piece of information. This proposed alignment would come across the southern portion of this property and would move the existing Plaza Drive northern curb edge 40 feet further north. The proponents were not aware of this plan until last Thursday at which time they were given the preliminary information from the MnDOT's consulting engineer, BRW. They requested further time to think about this information. Two areas remained open, one being the operation of the dealership, and the other being what would be done about the conflict with this potential highway improvement. f City Council Minutes - 6 - June 5, 1990 Don Brauer, representing the proponent, stated he spoke with the Assistant District Engineer in charge of Preliminary Design, and with Mr. Crawford, District Engineer. The 40 foot right-of-way project is an I-494 project, not a 8wy. 212 project, and is in the EIS stage, not in preliminary design. The EIS is considering several alternatives. By the time the City was presented with actual preliminary plans, it may have some position about that 40 feet. Me did not believe the Council should be concerned about a remote possibility of some design claiming that is really a small item in the Z-494 redesign. This was a BRW proposal of several alternatives to be incorporated In a massive EIS and would have no effect on the 1993 Prairie Center Drive interchange project. Pidcock asked if Brauer had discussed this with the Southwest Corridor Transportation Coalition. Brauer responded he did, but the Coalition did not know anything about this project. Pidcock asked how the ". 212 demonstration project, as proposed by Rep. Frenzel to congress, would impact this project. Diets responded that Mr. Brauer was correct in that this is related to I-494 and there was no official indication fray XuDW or the City of Eden Prairie whether this was a good idea. 8owever, according to SM, the volumes on the rasps Mr. Brauer referred to coming from westbound and southbound I-494 onto westbound Hwy. 212 were at capacity. This planning did not interfere with the demonstration grant being proposed, but WnDOT say choose to look at right-of-way acquisition, along with the Swy. 212 project. The bid opening for that segment of 8wy. 212 was scheduled for January, 1993, and the EIS would be done in that period of time. In the Bwy. 212 plans developed to date, Plaza Drive would stay in the same location in front of this property. But the official me►pping that has been approved by the Council went beyond the curb line, so there was a 40 foot shift in the curb line of Vasa Drive which was included in the official mapping. What was at issue was the need for another IS feet for snow storage beyond the curb line. Brauer stated from the point of funding, this project was not funded now at all. Peterson was concerned that Mr. Brauer* initial comments were "scolding the Council" for thinking too far ahead. It was a function of the Council to incorporate all relative data and to evaluate the eventualities that could affect a project so that those projects enhance the city years from now. fi i Y City Council Minutes - 7 - June 5, 1990 �M Brauer stated until the City had the entire project before it to consider, this should not be a concern as there were many alternatives and ramifications. David Shea, architect for the proponent, stated landscaping questions raised by the Council at the previous meeting concerned the size of the coniferous trees; they would increase from S to 10 feet. The lighting plans had been submitted and accepted by the planning staff. There would be 3.5 foot-candle rating in the parking area, a 10 foot-candle rating in the display areas, and a 0.5 foot-candle level at the property line at Plaza Drive. Be presented a material board shoring the exterior materials that ,will be used. Brauer stated the D= had sent a letter stating the proposed construction of this project does not encroach upon the wetland area so no permit was required. The p have a permit from the Corps of Engineers. The draining study requested by the city has been prepared, reviewed and accepted by the planning staff. ]Anderson expressed concern about the maintenance of the portion of the property in the flood plain area. Brauer responded that area 9*Lll stay as it is today. It is basically a storm water conveying ditch and holding pond. It is necessary to convey the water from the larger holding pond from the larger city park property to the northwest to the culvert under 5 and 212. As far as the run-off from this site, there is already a siltation pond already built on the site which will be maintained.. This project will be reviewed by the watershed district. Walter Bush, Denwall Management, stated they do have enough land to handle the right-of-way problem should it come up in the future, as they own property to the west where it may be possible to make adjustments if necessary. Denwall Managsment owns eight dealerships, seven in this area, and his dealerships do not use large, unsightly objects such as other dealerships use for advertising. He was aware this was the first dealership In Eden Prairie and that the Council was looking to set some standards for future dealerships. no stated he aad his partners were willing to work with the City and "at those standards. This dealership would also offer a service department, which Eden Prairie does not now have and which would be a convenience to local residents. City Council Minutes - e - June 5, 1990 Anderson again expressed concern about the drainage area as he would like to see the area maintained and/or improved. Bush responded he believed the professionals could blend the drainage area to compliment the site. He stated he had spent a tremendous amount of money so far on this project and would be glad to cooperate with the City on this matter. Peterson asked how the auto industry planned to change its marketing strategies. Bush responded that marketing depended on the location of the dealership, but the current gimmicks being used by some dealers were probably a result of the slump in new car sales. Manufacturers did not dictate marketing strategies for dealers. Peterson asked if there are things Brauer would recommend that would enhance the property, or would it be best to leave as is. Brauer responded the nature of that area would respond to the water level fluctuating widely; the most important thing to be done was to maintain that area where the water fluctuated. Peterson asked Enger to comment on the statement in Bush's letter regarding a small number of flagpoles on this site. Eager responded any number of flags are permitted under the current code to the extent that they are country, city, or state flags. A dealership flag would be considered a sign, as well as prices on car windshields. Balloons, whirling devices, search lights, etc. were limited to use at grand openings only. Mr. Bush had indicated he was willing to live with those provisions, but would like the Council to consider permitting three to four permits a year when such items would be permitted. Bush responded he did not intend to put up colored pennants, but would like to have political flags and to use search lights only for the grand opening(s) . Harris stated this project had been in the design process for many months, the proponents had not the conditions requested by the planning staff, the the proponents had responded to questions raised by the Council at its last meeting. Looking at this project as presented, cognisant of the fact that there may be a potential for future impact on I-494 and Hwy. 212, but also recognising that decision may be many months away, she was prepared to approve this project. There were no further comments from the audience. 3 City Council Minutes - 9 -- June 5, 1990 z MOTION: Harris moved, Anderson seconded to close the public hearing and approve the first reading of Ordinance No. 21-90 approving the rezoning. Peterson stated he supported the motion with some trepidations, as there was still some level of concerns that this dealership needed to set and maintain the standards of performance for years. Motion carried on a 4-0-1 vote with Tenpas abstaining. MOTION: Harris moved, Anderson seconded to adopt Resolution 90-106 approving the preliminary plat and direct staff to prepare development agreement incorporating Commission and staff recommendations. Anderson stated the area that was going to be left in the natural state needed to be maintained and that the City will contact the developer if it is not being maintained. No would like the developer's agreement to include that at a future date the developer will participate with the City and the Watershed District for some kind of development of that area and that there is an irrigation system in all the berms. Motion carried an a 4-0-1 vote with Tenpas abstaining. MOTION: Barris moved, Pidcock seconded to grant an early grading permit with any work prior to second reading of Ordinance No. 21-90 be done at the developer's risk. Notion carried unanimously. d. WILSON RIDOE 3RD ADDITION by Ryan Properties, Inc. Request for Site Plan Review and Preliminary Plat of 22.57 acres into 3 lots for construction of additional parking spaces for the Americable buildings. Location: 7500 Flying Cloud Drive (Resolution No. 90-108 - Preliminary Plat) Jullie stated the notice for this hearing was sailed to 13 property owners in the project area and published in the May 23, 1990 issue of the Eden Prairie News. City Council minutes -10- June 5, 1990 Scott smith, Commercial Manager of Ryan Properties, stated the proposal was to realign the property line slightly between the Wilson Ridge project and the Americable building to provide approximately 80 future parking stalls in the event of an increase the office portion of the Americable building to bring it into conformance with parking ratios. Enger stated the Planning Commission reviewed this item on May 14th and recommended on a 5 - 0 vote approval of the Preliminary E Plat subject to staff recommendations of May 11. There were no ^_omiments frog the audience. MOTION: Harris moved, Pidcock seconded to close the public hearing and adopt Resolution 90-108 and direct staff to prepare development agreement incorporating Commission and staff recoma•endati.ons. Motion carried unanimously. C. BOQIMER POIXVZ WEST TOM/N8OMES by David Carlson Companies for Zoning District Change from R1-22 to RM-6.6 on 8.26 acres, Site Plan Review on 8.26 acres, Preliminary Plat of 8.97 acres into 31 lots, 2 outlots and road rigbt-of-way for construction of 30 duplex units. Locations Northeast corner of Pioneer Trail and Spring Road. (Ordinance no. 22-9 - Resoningq and Resolution NO- 90-106 - Preliminary Plat) 3 Jullis reported notices were sent out to 27 property owners and published in May 23 issue of Eden Prairie hews. David Carlson, David Carlson Coapanies, Inc. , stated be was getting ready tor begin construction on the Boulder Points hoses in the price range of $220,00O to $350,000. Boulder Pointe Nest would offer a similar product in thirty townhoses, two homes per building, in the $120,000 to $130,O0O range. There had been delays on this project as a result of the Mitchell Road alignment. Sager reported this item was reviewed at the May 14th Planning Commission sooting and the Cosmission recommended approval of this project according to the staff recommendations of May 11. Pidcock asked if this development will be similar to Saddlewood in Minnetonka. m Carlson responded this would have larger hoses with sore attention to architectural features. 4 city council Minutes -11- June S, 1990 Jullie stated the Council received correspondence from the Metropolitan Airports Commission late today indicating that this area would be affected by the year 2010 Ldn SS noise contour. Based upon Federal noise conpatibilitiy criteria, residential land uses were generally compatible within this noise contour. There were no comments from the audience. MOTION: t t Pidcock moved, Harris seconded to close the public hearing and approve first reading of Ordinance No. 22-90 for rezoning. Motion carried unanimously. Pidcock moved, Harris seconded to adopt Resolution 90-106 A approving the preliminary plat and direct staff to prepare development agreement incorporating Commission and staff recommendations. Motion carried unanimously. Pidcock moved, Harris seconded to permit early grading permit with any work prior to the second reading of ordinance Up/ 22-90 to be done at the developer's risk. Notion carried unanimously. D. QUIDE PLAN UPDATE (Resolution No. 90-127 - Comprehensive Guide Plan Amendment) Jullie reported notice for this hearing was published in the May 23 Eden Prairie Nears. The Comprehensive Guide Plan Map was last updated in 1982 and several minor changes had boon adopted by the Council and Metro Council since that time. Thirty-six specific changes had been made in addition to several changes regarding precise boundaries of each land use and contents of the legend. The Planning commission unanimously recommended approval of the updated nap and the Metro Council had also given its approval. Harris stated she was surprised at the change near the railroad from Industrial use to Residential. Eager responded that property has been maned for i-Wen for twenty-five years. lour or five years ago the Council Boned that to rural because the route for Hwy. 212 had changed and the area was no longer between future freeway and railroad tracks. The City had received proposals for residential development in that area and the Commission believed it was appropriate to remove the last indication of industrial in that part of the city. Peterson commended the staff for getting this job done. Pidcock asked for clarification of the statements extended the medium density area to the hundred-year high water nark. City Council Minutes -12- June 5, 1990 Eager responded most of the changes that were not in a specific classification were graphic changes to reflect reality by Moving designations to boundary or property lines. Also, the designation had been moved to a point where people can actually build behind the hundred-year elevation. There were no comments from the audience. MOTIONS Anderson moved, Kerrie seconded to close the public hearing and 4 adopt Resolution 90-127 approving the Comprehensive Guide Plan amendments. Motion curried unanimously. V. PAYMENT OF CLAIMS MOTION PiAcock moved, Harris seconded to approve the payment of claims. Motion carried on a unanimous roll call vote. r VIZ. PETITIONS, REQUESTS AND COMMUNICATIONS A. Letter from Pat Thompson, member of Senior Baseball Team. Lambert reported this item was heard by the Parks, Recreation, and Natural Resources Commission at its May 21st and June 4th meetings. Pat Thompson was the manager of the Eden Prairie Senior Baseball Team and is requesting the Council allow this teas to schedule gags on the high school baseball field this year. Me was required to make this request because in 1986 when the City gave $50,000 to the school district for the baseball and soccer fields, the neighbors were concerned about City play by adults on those fields which would result in increased traffic, noise, and balls being hit further. The Council restricted adult play completely fx the northern-most fields. These fields were not playable until last Year and, not realising that was necessary, the adult team did play three or four games last year without authorization from the City. At the Parks commission meeting, residents expressed concerns about the baseball and soccer fields with balls ending up in their yards, and with people climbing the fence to retrieve balls. The Park and Recreation staff did not believe it was a good idea to address the problem by restricting plat, but would recommend design solutions. Lambert discussed several design solutions which could be discussed with the School District. City Council Minutes -13- June 5, 1990 The Commission's recommendation was to request the Council to authorise the city staff to most with the School District staff to discuss a design solution for netting behind the soccer fields and some kind of netting on the baseball fields to eliminate all foul balls frow reaching private property and request that the school district respond within 30 days. The commission also recommended the Council deny adult use of those fields until some kind of structure is installed. The intent was to get maximum use of these fields with minimum impact on the neighbors. The Commission also recommended the City and School District share the total estimated $15,000 cost for these corrections. { John Pollock, 16660 No. Hillcrest Ct., stated he participated in the 1986 planning for these fields; and since then, residents had experienced golf balls, soccer balls, and baseballs in their yard as well as children and adults coming into the yard. Sows of these episodes had resulted in confrontations. The neighbors were adamant that the safety concerns be addressed. Any changes in the soccer nets or baseball backstop netting would impact their property values, and they would like to have some opporunity to evaluate and comment on such proposals. Anderson commented commented those types of problems Were inherent when any neighborhood was directly adjacent to a school or playground. No believed the City and School District ought to take some precautions, but the situation would not be completely eliminated. Harris asked if the school golf team used this field for practice. Lambert responded it had used it on occasion, but no longer did so as a result of the problems that occurred. Ed Stsinbrook, 16671 North Sillcrest Court, stated he lived directly in back of the baseball diamond and expressed concern about the safety of his children playing in his back yard. no stated the neighborhood would have liked some sort of buffer zone between the fields and the neighborhood. The School District believed that because of the amount of land it had, it would be unable to put in a buffer son*. He believed the fields ought to be reoriented as he now had two to three balls in his yard per game. Be stated the more people who use the field, the higher the probability that someone would be hit by a foul ball which would result in a liability issue. The neighborhood would like the school to be a good neighbor and did not want the suggestion of putting up the nets to be forgotten. No also questioned who was responsible for maintenance of the fields as the school had indicated the City should be responsible as its teams were using the field. He asked that the Council deny the request of the adult team. i City Council Minutes -14- June 5, 1990 Pidcock asked if the residents had gone to the School Board. Steinbrook stated he has had conversations with Jerry McCoy, Steve Shults, and Ray Mitchell of the School District staff. Mitchell did put in a series of poplars along the backstop to provide some privacy for the neighbors. McCoy directed his staff to look into some options, but nothing had yet developed. Patty Morby, 16420 North Hillcrest Court, also expressed concern about the safety issue. She related that residents were Instructed by the police to keep any balls that landed in their yard as proof, but this advice had created conflict when they refused to return the balls to the owner. Tenpas commented the adult teams were not now using the fields, so the problems experienced by the neighbors were not the responsibility of the adult group. Anderson stated he was at the soccer field recently and watched two kids climb over the fence to retrieve soccer balls. Se questioned the wisdom of instructing residents to keep expensive soccer balls just because they land in their yards. Paul Pasqua, 13176 Cardinal Creek Road, stated he was a member of the adult senior team. Be explained this team was organised in i 1986 and in 1987 won the state amateur senior baseball tournament r and championship. He explained that when they played teams in other communities, they played in premier fields. They have v twenty players, eighteen who live in Eden Prairie, and they would only play four to five gases on this field this year. Also, their gases hay* only two outs per inning and are equivalent to five innings of a regulation baseball game. Their practices are held at the middle school or other locations. Anderson asked who used the baseball field in the summer and if there were maximum use of this field. Lambert responded the Babe Ruth team, American Legion, and Mickey Mantle with the fields being used seven days a week. John Sender, 7910 Eden Court, also a team member, referred to the problems they have incurred when trying to use other fields in Eden Prairie. Roger Swigart, 13183 Cardinal Crook Rd. , another team member, stated he had sympathy for the neighbors and agreed something should be done to address their concerns. He pointed out that none of those concerns had anything to do with the senior team's use of the field as they are requesting only five uses of the field out of hundreds that are already scheduled. r City Council Minutes -15- June 5, 1990 Peterson commented the Council would not be involved in this discussion if in 1986 a temporary trial period to see what impact this would have on the neighborhood had not been established. He wished to focus discussion on that issue and determine whether the Council was inclined to change the restriction, to instruct Pauly to address the liability issue, and to proceed with the recommendation to meet with the School District representatives to develop a satisfactory design solution for the baseball field. If there was a substantial liability risk, action should be taken. MOTZOKs ' Pidcock moved, Harris seconded to authorise staff to meet with school district representatives to develop a satisfactory design solution for the baseball and soccer fields and to remove the restrictions regarding use of the fields. Pauly pointed out that the motion in 1986 referred to City-sponsored use and questioned if this program comes within the perview of this policy. Anderson asked who was responsbile for the maintenance of the fields. Lambert replied the City had an agreement with the !school District that any additional maintenance to accommodate the City programs would be done by the City. The perimeter of the property was still the School District's responsibility. Pauly did not believe the City had any liability or responsibility for design defects of the field. Peterson stated apart from the legal liability, the Council had a moral responsibility;, scheduling and use was beyond the scope of the motion. Tenpas asked for clarification of the second portion of the motion. Peterson explained it was simply to remove the restriction imposed by the Council in 1986. Tenpas asked Mr. Jullie to follow-up with the issue of residents retaining balls to make sure there were no further conflicts over that issue. Motion carried on a unanimous vote. City Council Minutes -16- June 5, 1990 VIII. REPORTS OF ADVISORY COMMISSIONS A. Report of Landfill Advisory Committee Tenpas reported that Dawson had done an excellent job for this committee. The committee had a lot of input from a lot of people over a series of meetings. Pros what the City Attorney had indicated, the Council had a critical point coming up at the MPCA meeting on June 26 in relation to the FAA and airport issue. The Committee was requestiong that the Council focus some dollars specifically toward that. The consultants had expressed frustration as the City staff's time is committed to other projects and they felt a point person is necessary for this group. One of the consultants could fulfill that role. Assistant City Attorney Ric Rosow explained the judge's recommendation to deny the Council's motion to dismiss the case included a recommendation that the matter be certified to the agency board. The board was taking a denovo review of this matter and the City would have an opportunity to address the board. The idea of advertising case up at one of the landfill committee's meetings in an effort to develop public interest and to impress upon the public at large the City of Eden Prairie's concerns and position in this matter. The question was asked if the advertising would be helpful and appropriate, to whicb he responded he believed this is an extremely crucial tine in this case. This issue was extremely important, and could dertisine of the entire case. Even though the judge had denied the motion, the City Attorney's office believed there was still an opportunity to convince the board otherwise. Public sentiment can have a great Impact and the City should not hesitate to participate in public expression. Tenpas commented full page ads running across the entire state were being considered. Pidcock explained one of the critical issues was that the HPCA board members lived all over the state, and it was imperative that they read the message in the news media and understand it before they come down to the seating. Peterson asked if the advertising being planned was illegal because the Council would be communicating directly with the board. Tenpas responded the public awareness and political pressure was critical and the advertising would help change the perception that this was an Eden Prairie versus Sri issue. The target for the advertising was the public at large as well as the commissioners. Pidcock added it is also important to reach the Metropolitan Airport Commission as well as the FAA. 10 City council Minutes -17- June 5, 1990 Harris asked what the context of the ads would be and who would be putting the ads together and reviewing the language, etc., as the tone of the ads is very important. Tenpas suggested that several ads be prepared and then brought back to the Council for review. Harris referred to the $65,000 budget submitted for the period of time through August. She stated it appeared there was a plan evolving and that the Council should be looking at a prospective budget for the year. Pidcock stated the video should be ready for the public hearing on June 25th. Peterson commented that $575,J00 had been budgeted for the year and so far $324,000 has been spent. The Council should be looking ahead to determine if additional funds would need to be added to avoid running out of money before the end of the year. Anderson also expressed concern about sufficient dollars being budgeted. Rosow, explained he had reserved time through the and of August for the trial, but it could run beyond that; a decision from the Board could possibly be given in December. 3 Tenpas suggested that staff be instructed to prepare a proposed budget in conjunction with the city attorney and combine that with the committee's proposed budget. Anderson agreed. Jullie reported Rosow, working with the various consultants, had put together a projection through May for $381,000 with an estimated $360,000 to get through the contested case, court of appeals, and aFI variance case before the MPCA. This totaled $741,000 and the additional $65,000 presented this evening would put the Council about $230,000 over budget at the and of the year. Peterson stated the Council was talking about $740,000 for a project that he voted against in December. Be stated he would abstain from voteing that for efforts that have tc do with expenditure of money on this matter in the future. MOTIONt Tenpas moved, Pidcock seconded, that the Council vote approve the committe's recommendation for a budget of $65,000 through August; that the commmittee come back to the Council with an estimated budget through the and of the year; that the Council have the opportunity to review the advertising prior to publication, and to enter into agreements with the November Group, Mona Meyer i McGrath, and Messerli i Kramer. Motion carried on a 4-0-1 vote with Peterson abstaining. a City Council Minutes June 5, 1990 Z. REPORTS OF OFFICERS, BOARD AND COMMISSIONS A. Reports of Council Members 1. Status of Pedestrian Crossing at Hwy. 169/Anderson Lakes Parkway. Farris questioned the status of the Anderson Lakes Parkway/Hwy. 169 pedestrian crossing. Diets responded a letter was received from MaDOT District Engineer Hill Crawford stating MnDOT would like to implement the current plan for pedestrian-activated signals and painted crosswalks and see how that worked before proceeding further. Harris asked when these will be installed. i Diets responded he believed it would be installed prior to the next school season. Harris if there is a similar option for the Tanager Lane area. Diets responded he believed there were some things residents could do themselves to correct the problems they were experiencing. 2. Liability Coverage Harris stated at an earlier meeting the issue of excess liability coverage was discussed. She requested this be placed on an upcoming agenda. 3. Review of Law Enforcement Trends Harris requested Chief Wall to attend a future Council meeting to discuss with him trends in crime as the City develops, where he sees the police department going, and whether more resources should be considered. 6. Firearms Discharge Ordinance f In an effort to be ;proactive, Harris requested the Council consider its position prior on firearms discha%Vo areas to the next hunting season. 5. Southwest Corridor Coalition Pideock reported the Southwest Corridor Transportation Coalition received the $10,000 from Hennepin County. Peterson informed the Council he will be absent from the June 19th meeting City Council Minutes -29- June 5, 1990 E. Report of Director of Parks, Recreation and Natural Resources 1. hiller Park - In response to a request from residents of the Weston Bay area, staff had studied redesign possibilities to Miller Park to incorporate the need* of the park and the desires of the residents. An amended plan which appears to be better than the approved plan had been developed. The Parks, Recreation and Natural Resources Commission considered this matter at its May 7 and May 21, and June 4, 1990, meetings. Recommend that the Coucil approve the redesigned plan for Miller Park. Anderson asked if there will be a trail access at the end of Weston Boulevard. Lambert responded there could be a trail in that location. MO'PION t Harris moved, Pidcock seconded, to accept the Commission,* recommendation. Motion carried on a unanimous vote. G. Report of Director of Public Works I. T.H. 212 EIS Diets reported the public hearing on this was tomorrow evening, which he would attend. No would like to report that the City still had a preferred alignment, that it still had some concerns about noise, and that an additional noise analysis study needed to be made on the preferred alignment. named on what happened at this meeting, he would prepare a resolution for the Council's review and submission for the HIS documents. The Council authorised Diets to proceed. 2. Award Contract for Sweeper Diets reported only one bid was received from MacQueen L►quipment in the amount of $61,986, which he recommended be awarded. MOTION: Harris moved, Pidcock seconded to award the contract to MacQueen Equipment, motion carried unanimously. 3. Award Contract for Skid-steer Loader Dietz reported three bids were received with the low bid being by Lane, Equipment in the amount of $33,995.52. City Council Minutes -ZO- June 5, 1990 36OTION t Pidcock moved, Anderson seconded to award the contract to Lano Equipment, motion carried unanimously. Tenpas expressed concern about the practice of always awarding contracts to the lowest bidder, as that may not always be the best choice long term. X11. ADJOURXNZNT Anderson scored, Pidcock seconded to adjourn at 11 t 03 p.m. Motion carried unanimously. 1 9 i