City 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
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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
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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
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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