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City Council - 05/04/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 4, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans,Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Parks & Recreation Services Director Bob Lambert,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE III. SENIOR AWARENESS WEEK PROCLAMATION Mayor Harris announced May 6-17 as Senior Awareness Week and presented the Proclamation for Senior Awareness Week to the Eden Prairie Senior group. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added items to present under X1II.A.REPORTS OF COUNCILMEMBERS, and Thorfinnson added Update on I-494 Corridor. Enger deleted item VH. C. PUBLIC HEARINGS/MEETINGS, HALLET ADDITION, explaining that Centex Homes has requested a two-week continuance in order to resolve drainage and utility easement issues. Enger added to the Consent Calendar,VI.I.APPROVE CONTRACT BETWEEN THE CITY OF EDEN PRAIRIE AND MAVO SYSTEMS FOR REMOVAL OF ASBESTOS-CONTAINING ACOUSTICAL SPRAY FROM CEILINGS THROUGHOUT THE HOUSE LOCATED AT 8010 EDEN ROAD. Tyra-Lukens M deleted XI. A. REPORTS OF ADVISORY BOARDS & COMISSIONS, SOUTHWEST METRO TRANSIT COMMISSION. Enger added under XIH. B. REPORT OF CITY MANAGER,Minnesota Technolo2y Awards. CITY COUNCIL MINUTES May 4, 1999 Page 2 MOTION: Tyra-Lukens moved, Thorfinnson seconded, approval of the agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,APRIL 20, 1999 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans,to approve the minutes of the City Council/Staff Workshop held Tuesday,April 20, 1999. Butcher- Younghans,Case,Tyra-Lukens and Harris voted"aye",Thorfinnson abstained. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 20, 1999 MOTION: Case moved,Tyra-Lukens seconded,to approve the minutes of the City Council meeting.held Tuesday,April 20, 1999. Butcher-Younghans,Case,Tyra- Lukens and Harris voted"aye",Thorfinnson abstained. Motion carried 4-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE BITUIVIINOUS PAVING BID FOR FIRE STATION#1 C. APPROVE 1999 TOWING SERVICES AGREEMENT D. ADOPT RESOLUTION 99-57 APPROVING FINAL PLAT FOR SHADY OAK HOSPITALITY E. ADOPT RESOLUTION 99-58 APPROVING FINAL PLAT FOR SETTLERS RIDGE 3"ADDITION F. ADOPT RESOLUTION 99-59 APPROVING PLANS AND SPECIFICATIONS FOR INDIAN CHIEF ROAD WATERMAIN EXTENSION-,I.C. 99-5492 G. AWARD CONTRACT FOR DEMOLITION OF BUILDINGS AT 8010 EDEN ROAD (CITY PROPERTY) H. ADOPT RESOLUTION 99-60 SETTING A DUNE 15, 1999, PUBLIC HEARING TO ESTABLISH A TAX INCREMENT DISTRICT FOR HOUSING I. APPROVE CONTRACT BETWEEN THE CITY OF EDEN PRAIME AND MAVO SYSTEMS FOR THE REMOVAL OF ASBESTOS-CONTAINING CITY COUNCIL Ml'gMS May 4, 1999 Page 3 ACOUSTICAL SPRAY FROM CEIIIINGS THROUGHOUT THE HOUSE LOCATED AT 8010 EDEN ROAD. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VH. PUBLIC HEARINGSIMMETINGS A. EDEN PRAIRIE MALL THEATERS by General Growth Properties. Request for Planned Unit Development Concept Amendment on 80 acres, Planned Unit Development District Review on 10 acres and Zoning District Amendment in the Regional Commercial Zoning District on 10 acres and Site Plan Review on 10 acres. Location: Eden Prairie Mall (Resolution 99-61 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Enger said that notice of this public hearing was published on April 22, 1999,in the Eden Prairie News and mailed to 48 property owners. General Growth Properties is proposing to relocate the 16-screen theater to the west side of the mall, with a Borders Bookstore,restaurants and specialty retail stores. Bill Mosten, development director for General Growth Properties, Inc., asked Council for approval to take the theater big box complex from the east to the west side of the property,which will allow space for a future phase of the development. They plan to start construction on Phase 1 immediately and will be open for business in April or May 2000. Tip Housewright,the architect for the project, emphasized the streetscape nature of the project,with a number of entrances into the retail complex,which will represent an important addition to the mall. The exterior design includes banded masonry design similar to the Southwest Metro Transit Station. General Growth is requesting a waiver for exterior materials from 75 percent face brick and glass to 10 percent,and a waiver for building height from 40 to 80 feet. They have asked to include alternative materials such as stucco and architectural textured concrete to provide a more interesting appearance and give it a more pedestrian look. Regarding the waiver for the building height,in order to provide adequate space for the restaurants and shops below and a stadium-type seating facility for the movie theater above, a building height of about 58 feet will be needed. Butcher-Younghans inquired if there is a plan for signalization at the intersection of Prairie Center Drive and Franlo Road. Dietz responded signalization of this intersection has been approved as a project using Tax-Increment Financing(TIF),but the project has not be scheduled yet. Uram stated the Planning Commission voted 6-0 to approve this project at its April 12 meeting,with waivers for exterior materials and building height. CITY COUNCIL MINUTES May 4, 1999 Page 4 Tyra-Lukens wondered if it will be necessary, in reviewing other phases of the project,to again grant waivers for the exterior building materials. Staff believes the future phases will be in conformance with city code requirements because of the amount of brick in the existing shopping center,but this will also set the tone for the style of architecture and the use of materials for the remainder of the shopping center. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; and adopt Resolution 99-61 for PUD Concept Amendment on 80 acres; and approve 1"Reading of the Ordinance for PUD District Review and Zoning District Amendment in the Regional Commercial Zoning District on 10 acres; and direct Staff to issue a land alteration permit and footing and foundation permit to General Growth Properties,Inc.to proceed with construction at their own risk; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Motion carried 5-0. B. FARRELL/LAPIC ADDITION by Mike Farrell and Tom Lapic. Request for Zoning District Change from Rural to R1-13.5 on 1.54 acres with variances to be reviewed by the Board of Appeals and Preliminary Plat of 1.54 acres into 3 single family lots and road right-of-way. Location: 12563 Sunnybrook Road. (Ordinance for Zoning District Change and Resolution 99-62 for Preliminary Plat) Enger said the official notice of this public hearing was published on April 22, 1999, in the Eden Prairie News and mailed to 29 property owners. Perry Ryan, Ryan Engineering, spoke on behalf of Mike Farrell and Tom Lapic. They will be converting an existing twinhome to a single-family structure, and building their personal homes on lots 2 and 3. Uram said this project was reviewed and approved by the Planning Commission at its April 12 meeting. Staff recommendations include submitting a bond for conversion of the duplex unit to a single-family structure. This is because a duplex is a non-permitted use within a rural zoning district and requires rezoning to R1-13.5. A number of variances are required because of the design layout; therefore, this project will be reviewed by the Board of Adjustments and Appeals on May 13, 1999. Tyra-Lukens asked if the conversion of the duplex to single-family use would be done before building the two,new single-family homes. Uram said they have one year to convert the house from a duplex to single-family. It cannot be rented until it is converted to a single-family home. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the Public Hearing; and approve 1'Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.54 acres; subject to variances approved by the Board of Adjustments and Appeals; and adopt Resolution 99-62 for Preliminary Plat of 1.54 acres into 3 single family lots and road right-of-way; and direct Staff to prepare a • CITY COUNCIL MWMS May 4, 1999 Page 5 Development Agreement incorporating Commission and Staff recommendations(and Council conditions). Motion carried 5-0. Perry Ryan requested an early grading permit. MOTION: Case moved,seconded by Butcher-Younghans,to issue an early grading permit,the proponent proceeding at his own risk. Motion carried 5-0. C. HALLETT ADDITION by Centex Homes. Request for Planned Unit Development Concept Review on 18.84 acres, Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5 on 18.84 acres with waivers and preliminary Plat of 21.09 acres into 32 lots, 3 outlots and road right-of-way. Location: South of Pioneer Trail at Braxton Drive, north of Cedarcrest Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution for Preliminary Plat). MOTION: Thorfinnson moved,seconded by Tyra-Lukens,to continue this item to the May 18, 1999 City Council meeting. Motion carried 5-0. D. VACATION 99-03: VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 23, BLOCK 3, BLUFFS EAST FIRST ADDITION (Resolution 99-63) Enger said the official notice of this public hearing was published on April 15, 1999, in the Eden Prairie News and mailed to 5 property owners. Approximately 140 square feet of the drainage and utility easement used for storm water storage over a part of this lot have been encroached upon by an addition to the home. The property owner will provide mitigation elsewhere on the property to offset the storm water storage area compromised by the addition. Staff recommends approval. Tyra-Lukens asked Dietz if this matter should have been caught during the permitting process. Dietz responded it should have been. A permit for construction of a deck was issued and either the deck or house crossed the property line. However, the property owner is in the process of providing mitigation elsewhere on the property, and the whole issue can be resolved through this Council action. Mayor Harris asked if anyone wished to address the Council. There was not. MOTION: Case moved, seconded by Butcher-Younghans, to close the public hearing; and adopt Resolution 99-63 vacating part of the drainage and utility easement over Lot 23,Block 3,Bluffs East First Addition. Motion carried 5-0. VIII. PAYMENT OF CLAIMS CITY COUNCIL NIINUTES May 4, 1999 Page 6 MOTION: Thorfinnson moved, seconded by Case,to approve the Payment of Claims as submitted. Motion passed on a roll call vote, with Butcher-Younghans, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case brought up several items for discussion: 1. The 90-year-old Raguet homestead,9380 Spring Road,was demolished Apri126, without going through historical documentation. The property is owned by Grace Church of Edina. Case asked what is the process in place and how did this historical documentation get missed. Enger replied Grace Church did have the right to demolish the homestead. A wrecking permit was issued without noticing that the contractor put a dash on the permit form indicating pre-1950 construction, which calls for a historic assessment. Staff should have questioned this, and the historic preservation specialist, John Gertz, should have been alerted in order to take photos of the house. Gertz has informed Enger that he does have photo documentation of the house,however. The Heritage Preservation Commission has gone through the process of identifying all historic and cultural sites and structures within the community,of which the Raguet homestead was one,giving a number and status to each home. Each of these sites will now have a file on their address in the Building Inspections Department; and on that file, in orange, will be this notation: "This building is of historical significance, and alteration or demolition permits shall not be issued for this site without authorization of the building official." Also,Enger said the permit form has been redesigned,with four areas for interdepartmental approval,and these permits for alteration or demolition will not be issued until reports from all four departments have been received. Sensitivity training will also be needed to make sure the process works. He expressed regret the permit was issued prior to the City's historic specialist being notified,but is thankful photo documentation had previously been done. CITY COUNCIL MINUTES May 4, 1999 Page 7 2. Case noted that a developer dumped off some concrete debris in Creek Wood Park on Sunnybrook Road over a year ago. It was finally removed this week by City personnel. He asked why the debris was allowed to sit there for a year, and if there are consequences to the developer worth pursuing. Lambert replied that he was notified last December that a developer had pushed some concrete debris on park property, and a City crew did go out and pick up what they thought was all of the debris. However,when more was discovered later in December,Lambert decided to leave it until this spring. It was forgotten until a person tripped over a piece of concrete last week and cut his leg. The debris is now picked up. One concern was that the City didn't go after the developer to pick it up. Lambert said he decided that it would be easier for City personnel to pick it up rather than going after the developer, as he is the type of person who would make the City prove he did it. Case said there is a bulldozed"road"on this parkland that the developer created to push this construction debris into the park. Mayor Harris said there should be some way to hold this developer, and others who do this type of thing,responsible for their actions.The City does not assume responsibility for clearing up debris after construction projects. There are significant costs involved. The Staff could perhaps come up with some options on what to do. Tyra-Lukens pointed out that this developer has done similar things in the past. She suggested documenting what it costs the City, and the next time the developer comes in with a project, charge him with these costs. Lambert said various City departments have been affected, and a list can be drawn up documenting the costs. He would then pursue payment from the developer. 3. Case said the owner of the Eden Apple Orchard has offered to give several- hundred apple trees to the City and move them to the Cummins-Grill property. It would be of extreme historical significance to have these trees on that property. Butcher-Younghans said the Cummins-Grill property is listed on the National Register and the City may not be able to plant the trees there. She suggested having John Gertz review it. Lambert replied he talked to Gertz about this and asked him to take this offer and request to the Historical Preservation Commission. Lambert also brought the matter before the Parks Commission,and they voted not to have these apple trees on City-owned property. Lambert believes if the City is going to have apple trees they should be kept healthy,which requires spraying them with pesticides, and CITY COUNCIL MIWIES May 4, 1999 Page 8 there should be a plan for what to do with the apples when they are ripe. The apples are also potential missiles that could be thrown through neighboring windows. That is the reason you don't usually find apple trees on city parkland. The City has a year to get these trees from the orchard,but it should be given a lot of thought. 4. Case said the Smith-Douglas-Moore house has deteriorating painting. The City will lose its value in this house if it is not taken care of this year. Mayor Harris asked Bob Lambert to look into this. Lambert said the City is developing a Capital Improvement Plan for each of these historic sites. 5. Case referenced the new area code issue. U.S. West is appealing the PUC decision to have two area codes for the suburbs, as this will cost U.S.West more than the overlay of area codes within a municipality. If U.S. West doesn't win their appeal, they may add a$1-per-month charge to each homeowner's bill to cover the cost. It is believed that numbers for an area code within a municipality would be exhausted in 8-12 years. However,by then new technology might have found another answer. Overlaying area codes would mean every new phone, even in the same house,could have a different area code. Case prefers having the same area code within municipal boundary lines, and asked the other members of the Council for feedback he can take to the SRA, of which he is a member. The consensus was to support the use of municipal boundaries. 6. Case reported that, based on a recent court decision, cities now have the legal right to require that NSP place its utilities underground. Eden Prairie would probably have to pass an ordinance to this effect. NSP can bill customers for the cost. Dietz said the City's franchise with NSP does provide that the cost can be recovered from their customers, but he isn't sure if this is just the affected customers, all residents in Eden Prairie, or the City itself. He will look into the issue of who ultimately pays. Case asked Dietz to see if this also applies to County projects B. I-494 Corridor Commission Thorfinnson gave Council an update on the I-494 Corridor Commission. He was in Washington,D.C.recently with other members of the commission. They met with the two Minnesota senators and five congressional officers and gave each of them an Executive Summary of the commission's work over the past two years. They will be back next spring to ask for specific help in funding. The commission then went to Boston for a Transportation Management Association Conference and brought back good information that Thorfinnson believes will lead in a better direction than the commission has been heading with developers,by requiring individual TEMA CITY COUNCIL MINUTES May 4, 1999 Page 9 plans. Also,the commission is planning in the next couple of months to meet with Council-members in each of the seven cities along the I-494 corridor, and let them know what the commission hopes to accomplish in the next year or two. Thorfinnson said the application of this for Eden Prairie would be the golden triangle and major market center area,which was noted in the strategic planning process. C. REPORT OF CITY MANAGER Enger reported about the Minnesota Technology Awards banquet last week,where companies that demonstrate commitment to technology within their communities and throughout the world were recognized and presented awards. Eden Prairie companies were winners in all four areas. The 1999 Technology Leader Award for an individual went to Joe Ronning from Digital River,Inc. IntraNet Solutions,Inc. received the 1999 award for Technology Innovation, and the award for the Best Technology Company of 1999 went to Surmodics, Inc. Digital River received the award for Best Use of the Internet or Electronic Commerce. Eden Prairie is home to 79 technology companies. Mayor Harris said the City sent letters to these companies when they became finalists, and another letter should be sent congratulating them on winning these awards. D. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. 1999—2000 PARK DEVELOPMENT PROPOSALS Lambert said that earlier this year he indicated there are a number of park projects to do this year and next. He proposed six projects be developed in 1999 and two in 2000. Staff recommends proceeding with each of these projects as proposed in the Five-Year Project Plan. The City has applied for matching grants for the Riley Lake Park Shelter,the Miller Park Shelter and the Preserve Park Renovation. Staff recommends proceeding with the Riley Lake shelter and the Preserve Park renovation whether or not the City is successful in obtaining grant funds;however,staff is recommending delaying the Miller Park shelter beyond the year 2000 unless the City obtains matching grants on one of those three projects. Miller Park will be delayed by at least one year. a. Round Lake Park Playground and Storage Building Renovation There is $150,000 in the budget for replacement of the playground equipment and the marina storage building. The wood playground equipment is over 15 years old and is worn out. The portable storage building is not large enough to accommodate all the boats and CITY COUNCIL MN MS May 4, 1999 Page 10 maintenance equipment. The playground equipment is estimated to cost$98,703 and the storage building is estimated to cost $45,500. Lambert requested approval of the design, cost estimate and funding source. If approved, they will proceed with this project when the beach is closed in late August and be completed by year-end. MOTION: Tyra-Lukens moved, Case seconded, to approve the design, cost estimate and funding source for replacing the playground equipment and storage building at Round Lake Park. Motion carried 5-0. b. Richard T.Anderson Conservation Area Management Plan and Site Plan Lambert said 13 different conservation areas were approved in 1998. There is $60,000 budgeted in the Five-Year Park Project Plan for restoration of this site in 1999. He asked for approval of the management plan and site management plan. They will start construction on access to the north this year. MOTION: Case moved, seconded by Butcher-Younghans, to approve the management plan and site management plan for the Richard T. Anderson Conservation Area as outlined in the Site Analysis, Master Plan and Management Recommendations dated March 30, 1999. Motion carried 5-0. C. Preserve Park Renovation Lambert said the playground equipment and park shelter need replacement. The pond that is used for skating contains springs that result in poor quality ice most of the time. City staff recommends relocation of the skating facilities and park shelter to the north side of the access road. Neighbors surrounding the park were notified of the April 19 meeting of the Parks, Recreation and Natural Resources Commission, and three residents along Northmark Drive expressed opposition to moving the hockey rink closer to their homes. City Staff assured these residents that trees within the landscape plan will be located to help screen the new rink from their homes. The City has applied for a grant for this project,but will not find out about this until the latter half of June and would like to proceed before that time. With a grant,park fees would be used as matching funds;without a grant, park fees will be used to fund the project. Fifty thousand dollars is budgeted in the general fund for replacement of the playground equipment and$400,000 is budgeted in the Five-Year CITY COUNCIL MINUTES ' May 4, 1999 Page 11 Park Project Plan for replacing the building, skating facilities, and expanding the parking. MOTION: Tyra-Lukens moved, Case seconded, to approve the preliminary plans for the renovation of Preserve Park and authorization to complete plans and specifications for this project. Thorfinnson requested that language be incorporated to address the concerns of residents along Northmark Drive. Tyra-Lukens accepted this amendment to the original motion. Motion, as amended, carried 5-0. d. Riley Lake Park Shelter Lambert said an open-sided shelter of prefabricated material in red and white would be built, in a turn-of-the-century design. The estimated cost would be approximately$225,000. The City applied for a matching Outdoor Recreation Grant from the LCMR, and will not proceed on this project until word is received on the grant sometime in June. If the City obtains the grant the project will cost approximately$112,500. MOTION: Case moved, seconded by Tyra-Lukens,to approve the preliminary plan for the construction of a park shelter at Riley Lake Park and to develop plans and specifications required for obtaining bids on this project. Motion carried 5-0. e. Miller Park Shelter Lambert said the new shelter would be the largest in the area,in order to accommodate companies that wish to reserve a shelter for picnics and athletic associations hosting tournaments in the park. This shelter would be an open-sided, 80-foot-diameter facility. The Parks Commission recommended adding rest rooms and a stage area within the structure. The estimated cost would be close to $400,000. The City applied for a matching Outdoor Recreation Grant from the LCMR and a decision is expected in June. If the City is successful in obtaining the grant, the costs will be reduced by approximately $112,000. The City Staff and the Parks Commission do not recommend proceeding with this project unless a grant is secured,and they recommend reapplying next year if it is not. Lambert said approval of the preliminary plans by the Council is all that is needed at this time. The Council could wait until the City CITY COUNCIL MWIMS May 4, 1999 Page 12 receives the grant before approving completion of plans and specifications for obtaining bids. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve preliminary plans for the construction of a park shelter at Miller Park. Motion carried 5-0. f. Fl gg Cloud Fields Access and Parking Improvements Lambert said the improvements would realign the eastern-most access road with La Rivier Court. There would be two-way traffic in and out of the fields at both locations and all the parking would be around the perimeter of the ballfields, rather than the interior. Parking would be expanded from 450 cars to nearly 700 cars. Due to the high use of this facility and the fact that the peak use occurs during the evening rush hours,park and recreation staff believes this project is the highest priority park project. The cost estimate is approximately$1.1 million and could be funded through the use of cash park fees. It is included in the park's portion of the City's CIP. Lambert said none of MAC's plans for Flying Cloud Airport include use of this area, and that fact would allow the City to get the necessary permits to proceed with this project in the year 2000. Case suggested a move in the future toward having the people that use City parks contribute to improvements, such as the parents of children playing soccer at Flying Cloud Fields. He believes most of them would favor improved parking lots and would be willing to help pay for them. Thorfinnson asked how this project fits in with providing the broadest use of the park system. Lambert responded that this park is used a great deal; there are 27 soccer fields. The safety issues have to be addressed. Realignment of the eastern-most access road with La Rivier Court, along with two lanes in and out, will help to address these issues. Thorfinnson asked if the intersection would have traffic lights. Dietz responded he is not sure what Hennepin.County will do about traffic signals at Staring Lake Road and Pioneer Trail for this limited use into Flying Cloud Fields. The City has not planned for this expenditure in the next one-or two-year period. CITY COUNCIL MINUTES May 4, 1999 Page 13 MOTION: Case moved,Butcher-Younghans seconded,to approve: (a) Plans and specifications for improvements to the access and parking facilities at Flying Cloud Fields; (b)Authorization to obtain the necessary permits from Metropolitan Airports Commission and Hennepin County Department of Transportation; and (c) Funding these improvements from cash park fees and making the necessary adjustments to the Five-Year Park Project Plan to fund this project in the year 2000; and(d) Obtain bids for the project in the fall of 1999 with the goal of completing this project as early as possible in the year 2000. Mayor Harris asked if there was any discussion. Tyra-Lukens asked if sports activities would be disrupted during construction. Lambert replied there may be some disruption to the access at Staring Lake Road, but they should be able to do that as soon as the construction season starts next spring. They will make sure they are not disturbing use of the fields throughout construction. Thorfinnson asked what assurances we have that MAC won't change their minds about use of this area. Lambert replied MAC is required to give us 90 days' notice. However,their final plans do not include use of any of Flying Cloud Fields. He will seek assurance from MAC at the time we obtain a permit to proceed. No money will be spent on this project until we have this assurance. Thorfinnson inquired if the City would receive any compensation from MAC if the City spent the money and then MAC decided they want the property. Lambert responded there is a precedent when MAC had to reimburse the City of Richfield for one-twentieth of the cost of improvements the city made. MAC has been very supportive of the City using this land around the airport's buffer areas. However,MAC is just allowing the City to use this property. Case said it is a big gamble,but he believes the City should proceed with it. The Council will discuss it again before final funding is approved. Mayor Harris said the current traffic issues at Flying Cloud Fields are very real and this project is a good beginning. She called for a vote on the motion. Motion carried 5-0. CITY COUNCIL MEWMS May 4, 1999 Page 14 2. Elimination of Lifeguard Positions Lambert stated the City is having a hard time getting qualified lifeguard staff for Eden Prairie Community Center, especially in the early morning hours. Denying residents services due to the lack of available staff does not seem reasonable. Lifeguard positions would only be eliminated during adult lap swimming. Staff reviewed this proposed action with representatives of the League of Minnesota Cities Insurance Trust. They advised the City to post the proper signage, "No Lifeguard on Duty"in the proper-locations around the pool. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the elimination of lifeguards during specified lap swim hours,which will be designated "adult lap swimming." Designate adult lap swim be defined as swimmers 18 and older, and post the proper signage as indicated in the public swimming pool rules per the State Health Code. Motion carried 5-0. 3. Reduction in Mowing of Parkland Lambert said Staff is recommending initiating a trial program in 1999 to reduce the amount of mowing in such areas as berms, hillsides, and other large grassy areas that have been mowed for aesthetic purposes only. Five specific areas are recommended for this reduction in mowing to monitor how well it is received by park users and neighbors. This will save the City $15,000 of mowing costs in one year. The Environmental Waste Management Commission is recommending an ordinance that would allow residents and businesses to plant and manage native grasses that would be allowed to go beyond the 12-inch maximum described by City Ordinance. Staff believes the City should provide an example by reducing unnecessary mowing,watering and maintenance. Tyra-Lukens asked if there are any asphalt trails through the unm owed areas. Lambert replied the City will mow on both sides of these trails. Butcher-Younghans suggested planting the unmowed areas with prairie grasses in the future. Lambert said there are plans to do this. MOTION: Case moved, seconded by Butcher-Younhans, to approve the recommendation from the Parks, Recreation and Natural Resources Commission and City Staff to reduce the amount of mowing in city parks in 1999 as per the May 24, 1999,memorandum. Motion carried 5-0. CITY COUNCIL NIINUTES May 4, 1999 Page 15 E. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR F. REPORT OF PUBLIC WORKS SERVICES DIRECTOR G. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR H. REPORT OF MANAGEMENT SERVICES DIRECTOR I. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said the Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. XV. ADJOURNMENT MOTION: Thorfmnson moved adjournment. Mayor Harris adjourned the meeting at 9:10 P.M.