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City Council - 04/19/1988 Eden Prairie City Council Meeting April 19, 1988 Page 1 APPROVED MINUTES EVEN PRAIRIE CITY COUNCIL TUESDAY 7:30 PM CITY HALL COUNCIL CHAMBERS APRIL 19. 1988 7600 EXECUTIVE DRIVE COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,George Bentley,Jean Harris,and Patricia Pidc ock. CITY COUNCIL STAFF: City Manager Carl J.JuBie,Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planting Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Sue Anderson. PLEDGE OF ALLEGIANCE i ROLL CALL: All Present 1. AP,f!BOVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda 111. H. Resolution 88-60 Proclaiming April24-30 National Consumers Week in Eden Prairie; Ill. 1.Request for Grading Permit by Dick Feerick for Legion Industrial Park; X.A.I I.Suggestion for a City-wide Clean-Up Day; X.B.2. Miscellaneous Discussion Items. MOT14,fj Bentley moved. seconded by Harris to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. t 11. MINUTES None 111. QONSCNT CALENDAR A. Clerk's Lice List B. between Prairie Center Driyq and Grier Lane and set Public Hearg9,I.C. 52-13 (Resolution No.88- 59) C. BIRCHWOOD LABS. INC. by Birchwood Labs, Inc. Approval of Developer's Agreement for Birchwood Labs. Preliminary Platting of 16.5 acres into four lots with variances for lot-frontage. ( Location: East of County Road 4,west of Fuller Road, north of Lincoln Lane Eden Prairie City Council Meeting April 19, 1988 Page 2 D. A TO Z RF.NTAL by A to Z Rental. 2nd Reading of Ordinance No. 13-88. Rezoning from Rural to C-Reg-Service on 1.67 acres with variances to be reviewed by the Board of Appeals; Approval of Developer's Agreement for A to Z Rental, and Adoption of Resolution No. 88-58, Authorizing Summary of Ordinance No. 13-88 and Ordering Publication of Said Summary. 3.59 acres into one lot and one outlot for construction of a 15,500 square foot retail facility. Location: Southwest comer of Valley View Road and Plaza Drive. E. Chwge Order No. 3 - Eden Prairie 'omm_Vndy Center F. CbWQe Or_42[No.6 Anderson Lakes_Parkwav between TH 169 and Mitcham Road t C 52-035 G. Decentralization of First Call for Helo H. ftsolution 0-60 Proclaiming April 24-30 National Consume Week in ElIgn Prairie 1. R2q&=t for Grading Permit by Dick Feerick for Legion Industrial Park for 9.33 acre site MOTION Anderson moved, seconded by Bentley to approve Items A-1 on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS None V. PAYMENT OF CLAIMS NOS. 41754-42016 MOJION Bentley moved, seconded by Harris,to approve the Payment of Claims No. 41754-42016. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye." KOlotion carried unanimously. VI. ORDINANCES & RESOLUTIONS None VI1. PETITIONS. REQUESTS b COMMUNICATIONS A. ZAHLER GRADING PERMIT City Manager Jullie reported that this item related to an after-the-tact grading permit which the Council i discussed at its March 1st meeting. During the interim. Staff received comments frorrs adjacent property owners and analyzed the impact of possible restorative work. The Staff memo indicated a tree planting plan with an estimated cost of$1500 had been suggested by Mr. Zahler. He stated that Staff was recommending that the grading permit be granted subject to the installation of all plant materials following staff approval of plans. Bill Schechter, 171 Cedarcrest stated that he, Mr. Lilly and Mr. Zahler did not come to any consensus. He stated he had not seen the tree replacement plan Jullie spoke of. Dietz reported that$1500 was the estimate to fill in the We. In Staff's opinion,to fill in the hole would be detrimental, and instead the $1 SW should be spent on tree replacement. Eden Prairie City Council Meeting April 19, 1988 Page 3 Peterson and Bentley stated the sole purpose for continuing this matter was to make a determination of the wisdom for restoration and discussion among the neighbors. The issue before the Council was to approve or deny a grading permit for which the grading had been done. Schechter stated he was concerned with the ecology of the area with respect to Zahleras grading. He asked the City to bring in specialists to determine a remedy. He felt they had become emotional about this matter but would like to live peacefully in the neighborhood. Discussion took place on the chronology of events. Slides were presented to show the property and affected adjacent properties. Staff believed filling the hole would aggravate the problem and damage the area environmentally Pidcock inquired if the plantings were going to just beautify Mr. Zahler's property or would it enhance all the neighbors'. Jeff Johnson, Engineering Technician, stated at the neighborhood meeting, there was a split decision- two of the neighbors agreed with the planting concept and two felt they were not affected by the grading. Schechter stated he and Lilly and one new neighbor should be the only ones to be considered in a decision. The other property owners are not even affected. Anderson inquired to Schechter if he had anything in writing from the experts he talked to. He responded that he has notes and can have it put in letter format. Anderson asked if he has anything from the DNR. He responded that he hoped the City would sought and supplied an official DNR report, and that he did talk to them on the phone regarding the matter. Anderson inquired of Staff if the City had inquired to other agencies besides the City Engineering Department. Dietz responded it had not. James Zahler commented the situation could be solved. He reported on the meeting with Peter Lilly and Phil Schechter whereby in lieu of spending $1 SW to fill in the pond, they agreed they would split the money and drop the matter. Zahler then contacted City Attorney Pauly and was advised to do what he had to do to settle the problem. Zahler was wilting to do it to make everyone happy. Dietz called Zahler to inform them that it was not ethical to pay off Lilly and Schechter and suggested the $1 SW be spent on tree plantings in the area to perhaps enhance Lilly and Schechter's property. MOTION Bentley moved,seconded by Harris that the City grant the grading permit subject to 1) submission of a detailed landscape and planting plan, 2) agreement by Mr. Zahler to spend approximately $1500 on tree planting, with the final amount to be determined by Staff, and 3) that adjacent property owners be given a one-time opportunity to make suggestions for the final planting plan. Stall was to contact the affected owners of neighboring properties when the plan had been submitted in order that they could make comments in a timely manner. Motion carried unanimously. S. GRADING PE IT F R MWCC iNTLCPTOR AT RIVERVIEW ROAD Jullie reported that the Metropolitan Waste Control Commission applied for a grading permit from the City to restore the ground around the sewer interceptor failure resulting from the July 1987 storm. The elevations proposed on the grading plan conformed to the integrity of the land. Staff met with property owners individually and related their concerns to the MWCC staff. Based on the review.the City Engineering Department recommended that the grading permit be issued to MWCC subject to the following five conditions: 1) riprap be installed at the termination of the access road at the toe of the river bluff; 2) the seed mixture used for turf establishment be designed to incorporate plant types that naturally exist on the river bluff as well as a nurse crop that will provide an initial quick growth and protection from erosion; 3) the planting schedule be broadened to include some tree varieties on the t Eden Prairie City Council Meeting April 19, 1988 Page 5 engineering firm under contract with the MWCC, stated that the City recommendation is to place the riprap at the bottom of the road. M01ION 1 Bentley moved, seconded by Anderson to approve the grading permit subject to Staff conditions excluding any approval of plantings other than turt, and not giving up the City's right to require additional vegetation. Motion carried unanimously. MOTION 2 Bentley moved, seconded by Anderson to direct Staff to work with MWCC on the final planting plan that will be subject to City and MWCC review, and that the MWCC would be requested to share any and all available data relative to any tree loss that occurred. Any final approval will be with adherence to the City's tree replacement policy. Motion carried unanimously. MO11ON 3 Bentley moved, seconded by Pidcock to direct Staff to request the MPCA to do soil quality tests on affected private property as necessary and in the fkoodp lain area. Motion carried unanimously. MOTION 4 Anderson moved,seconded by Pidcock to direct Staff to work with the MWCC to create an agreement that would include the maintenance program of successful revegetation in the lower flvodpiain area, and permanent upkeep and maintenance of the area due to debris which may accumulate in the area. Motion carried unanimously. C. PETITION 12ErgARDING MITCHELL LAKE WATER LEVEL Juliie reported on the history of the Chain-of-Lakes storm sewer and the elevation of Mitchell Lake. i Tim Crain, 7919 Bay Curve, President of Timberfakes Homeowners Association, voiced his and other homeowners position about the take level at 870; they are requesting it be higher. He did not have written petition from the Association; rather this was a position voiced by an independent owner and not by vote of the Association Board of Directors. He stated he was led to believe by Mr. Dietz that the DNR recommendation was 870%it was only after contacting the DNR that they learned that the DNR recommended establishing it at 871.5'not 871'. The DNR did allow a 1.5'variance and that was what the City Engineer took into account. David Ludvlg. 7998 Island Road, encouraged the City to go forward with the Chain-of-Lakes Management plan; however, felt his property was safe at 871'level. Y Jim Nohl, 8011 Island Road,concurred with Tim Crain's remarks that he was in favor of the highest level. Jim Perkins, SW3 Island Road, he has pond that is connected via a small channel and a pipeline to Mitchell Lake. His interest is that if the water level in Mitchel Lake is low, his pond will go down and have weed growth that would make Mitchell Lake inaccessible by boat. He said the danger to ecology and fish population should be considered if the spring lacks sufficient precipitation. Bob Hutt, 7970 Island Road. living in the north bay, stated the water level in the bay, in the past, has run dry and was choked with weeds. If this summer is also dry,the area will be aestheticatiy destroyed, and have fish kill. Bill Scholz, 7924 Island Road, resident of the northern bay, stated his concern about the lower level l in Mitchell Lake, and felt it should be reconsidered. Eden Prairie City Council Meeting April 19, 1988 Page 4 river bluff and river?loodplain area that will assist in a more rapid restoration of the tree mass that existed in those areas prior to the July 23 storm event; 4) MWGC shall agree to perform inspections of the river bluff area after each rainfall event during the initial turf establishment period and to immediately correct any areas of erosion that occur; and 5) MWCC would complete a pavement evaluation of those segments of Homeward Hills Road, Concord Drive,Riverview Road and Riverview Drive used as haul roads for delivery of fill materials used for bluff restoration and would repair any segments that show deterioration of pavement strength or base as a result of the construction activities. Bentley commented he was glad that a resolution was finally occurring. Laura Bluml. 10540 Riverside Drive presented her album of what had occurred on the property. She spoke of six issues of concern: 1) that there be proper transition between the reconstructed area with respect to topography; 2) minimum public access to the restored area; 3) minimization of bluff and floodplain accessibility; 4) replacement of trees destroyed by MWCC in the fioodplaining;5)dears up of raw sewage spilled into the floodplain and to her property, as it had not been determined d our property is safe for us to build a house on at this time; and 6) and the rebuilding of the roads on Riverview Drive. Jullie stated the MWCC should be receptive to testing the area soil,etc. Roger Acton, Ceputy Director of Construction of the Metropolitan Waste Control Commission, stated he has been dealing through the MWCC's legal counsel with all the parties involved. The Commission has been served with three lawsuits from people adjacent to:he MWCC property. He felt it was inappropriate for the Commission to discuss these matters at this meeting. Bentley mentioned that if there was the potential threat to public health and welfare from danger to { pollution, that it would be appropriate to request additional testing. Acton responded that the MWCC considered itself a responsible citizen and answered the problems of its constituents. Anderson asked the City Attorney d it was in the best interest of the City to work out tree replacement and grading before the neighbors have settled their legal disputes, Pauly responded yes,that there are special instances when settling a portion of the problem is advisable since lawsuits can go on for years. e Peterson mentioned that the Council could not get into the other matters mentioned by residents. and that presently it was to look at the restoration program. Gayle Diehl, 10503 Riverview Drive, stated that those persons not involved in lawsuits have been approached about the tree replacement. Her concern was that if the trees were planted in polluted/ruined soil they would not grow. She asked what guarantees did the residents have that the trees would be planted in good soil, watered and have an opportunity to grow. Harris affirmed there would be an inspection of the soils and the potential for trees to grow. Dr. James Diehl stated that at present ponds in the floodplain were a health menace, and there should be a concentrated effort to clean the area up. City Engineer expressed the City's desire to bring it back to its original condition as well as they possiby can. Marty Timm, 104899 Riverview Drive, requested an overview from the MIWCC, as was concerned over the permanent structure being put up over the road. Bob Robertson, a member of the Eden Prairie City Council Meeting April 19. 1988 Page 6 Bill Brubaker, 8014 Island Road, stated he supported the higher lake level. Glen Fristed, 17247 West 78th, inquired why the Watershed District was controging this, and why the DNR was not involved with this at this time. Dietz responded that the DNR was involved and they set the high water mark elevation at 871.5'and that can be varied by 1.5',and that was established. Fred inquired if the data was available on now the level manic was determined. Dietz replied that the data was in the 1979 report. Mike Earn", 17345 West 78th, owned 1900 feet of lake shore at the north end of the take. He has lived there for 34 years, and stared if the water level is raised.he will lose the use of his dock and boat house as well as two acres of his land,and who will pay money for that. On that two acres there is a 15o year old oak tree that would die if the water level was higher. Eames was concerned that after living there for 34 years. and stocking the lake with baby fish,people who have lived there for just a short time can change the level and control the take to enhance their property-4 just did not seem fair to him. a Anderson spoke about saving the trees. There was discussion on the Mitchell Lake water levels as monitored by Barr Engineering. In June 1985 the level was at 871.4; Oct.,Jan., &Feb. the level was at 871'; Mare 1986 the level was at 872'; April the level was at 872.9;and October 1986 was at 874' flood stage. F Bruce Fo"ey, 7942 Island Road, has lived there 8 years and stated he has seen high and low water levels. He felt if the take was at the lower level for the n9xt 34 years,it would be an eyesore and a liability. At the higher level of 871.5', it would be an asset to the community. He inquired what the ground level of the Me was. Dietz replied 870.T was the level the day before Anderson inquired to Staff if the City could control the level. Dietz replied the City can control the { level with the DNR at this time. Bentley inquired to Staff what would happen if 871'level was maintained. Dietz explained. by giving detailed background regarding the 2' minimum lowest floor elevation above the flood elevation, than there were homeowners that wanted more water,and homeowners who wanted more beach, and the technical history of the project. He concluded that d the Council wanted to pursue this furttw.the questions should be directed to the Watershed District. Pidcock moved to have a public hearing with Watershed District, and that aN factions be heard again to establish the water mark for Mitchell Lake. Motion died. Dietz stated if it came to be that the lake level was raised 4 would be a temporary thing.Until there was more development on the lake,at which time the flood stage could be reached earlier at 874'. A 2' difference between home and high water elevation must be met before raising the water level. Pkdcock was hearing that the people would be satisfied at 871, but she did not hear if that level was safe. Anderson felt this was a planned stage that has gone through a public hearing and until a year has passed with the water level at 870'and than results are viewed,there was not basis to say this was too high or too low. Peterson stated if experience shows the Council that 87V is too low, it would not be adverse to raising the level to 871'. - r Eden Prairie City Council Meeting April 19, 1988 Page 7 ,MOTION 1 PWock moved, seconded by Harris,to approve the lake level elevation at Mitchell Lake at 870'.and monitor the water level arun,ally for 3 to 5 years,and report back to Council. Motion carried unanimously. MOTION 2 Anderson moved, seconded by Bentley, to direct Staff to investigate and prepare a report for the Council on recorrvnendations for the Kerber Pond with regard to the effect of lowering Mitchell Lake. Motion carried unanimously. Vill. REPORTS OF ADVISORY COMMISSIONS None IX. APPOINTMENTS A. REPRESENTATIVE TO MINNETONKA COMMUNITY SERVICES ADVISORY COUNCIL Peterson stated that the name of Sue Keller was suggested as someone interested in the school systems and who might possibly represent Eden Prairie. MOTION Pidcock moved, seconded by Hams, to nominate and appoint Mrs. Sue Keller to serve as the Eden Prairie representative on the Minnetonka Community Services Adviscry Council. Motion carried unanimously. i X. REPORTS OF OFFICERS. 60ARDS a COMMISSIONS A. Reports of Council Members Harris suggested Involving citizens through homeowner's associations and other civic groups in the Eden Prairie Spring Clean Up in a formal program to make citizens aware of the degree of pollution being created. i Bentley suggested the scout groups, community clubs, etc. should be looking at possible involvement. Anderson suggested a City-wide Cian4Jp Edon Prairie Day. Peterson strongly encouraged a volunteer effort and was aware it would require months of planning and some staff to coordinate pickup of larger articles of rubbish. Lambert stated he would contact the school groups and on a small scale,they could concentrate on the clean-up of the worst areas. a x Anderson agreed with Lambert it would take a year to get the whole community involved. Peterson stated that perhaps one or more of the civic organizations might be willing to co-ordinate this sort of project in the future. B. Regort of Q13i Manager I. CITY PARTICIeMION IN HIGHWAY S PROJECT Jullie reported that MnDOT has suggested that the City of Eden Prairie act as lead agency for contract administration of the design work for improvements on Highway 5 between Carnelian Lane and County Road 17 in Chanhassen. The meetings have indicated cooperation among all concerned Eden Prairie City Council Meeting April 19, 1988 Page 8 parties and that the improvement process could be accelerated to achieve a June 1989 contract letting and Fall 1990 completion of construction. Staff recommended that Council give preliminary approval for the City to act as the lead agency and authorize negotiations with Barton-Aschman Associates and the Minnesota Department of Transportation to proceed with the contract for design work. MOTION Pidcock moved, seconded by Anderson, to grant City the approval to be the lead agency and authorize negotiations in accordance with Staff recommendations. Motion passed 4-1. Bentley opposed on the basis that it was inappropriate to spend property tax dollars on state highways. 2. MISCELLANEOUS ITEMS Jullie reported that Rogers Cable TV was selling its North American operations. On April 26th, PCA Board Meeting will be held regarding the landfill contested case hearing. The City has informed the homeowners group that a bus service will be provided. JuVie asked Dietz to update the Council on the water main break at Highway 5 and Mitchell Road. Dietz stated it was being repaired presently and it occurred when the contractor for the Highway 5 project hit the water main. JtAie reported the City received$250,000 for the drug bust at the International Airport, and a proposal for expenditure wig be presented to Council. C. ReQort of ClIX Attorney 's 1. COMMENTS ON SUPREMr; COURT DECISION REGARDING ENVIRONNIL TAL PRESERVATION Pauly, at Council's request, analyzed the recent decision of Swanson vs. the City of Sloorrongton. Pauly reported the case involved a request by a property owner to subdivide an approximately one- acre got curtaining a single-family home. For 30 some years,the property was subject to restrictive covenants prohibiting subdivision of the large lots and protecting wooded natural envWonmmrts. The Bloomington Council denied the subdividing of the lot on the basis of 1)the physical characteristics of the site. including but not limited to topography. vegetation. susceptibility to flooding, water storage, and retention, are such that the site is not suitable for the type of devek4xnent or use contemplated; 2) the design of the subdivision was likely to cause substantial enwironmental damage; and 3)the design of the subdivision would be detrimental to the health, safety or general welfare of the public. The City of Bloomington felt an additional horse site on the lot would jeopardize vegetation on the lot, stress the vegetation upon the surrounding properties, and increase the possibility of tree disease and wind damage. Pauly stated that Chapter 12 of the City Code, which provides subdivision regulations, contained Tittle in the way of a prohibition against subdivision for environmental reasons. He felt it might be desirable to set out environmental and other standards which would apply in each instance of rezoning, requesting permits for floodplain and shoreland development, land alterations and sloped ground development, as well as subdivisions.. l Eden Prairie City Council Meeting April 19, 1988 Page 9 MOTION Anderson moved, seconded by Pidcock, to authorize City Attorney, and Staff to review and catalog the environmental standards throughout Chapters 11 and 12 with a view for strengthening their implementation. Motion carried unanimously. 2. MISCLLLANEOUS ITEMS Pauly also reported that the House Conferees were able to keep out the amendment which the Senate had included in its Waste Management Act to repeal the landfW siting provisions of that act. The net effect was that they would not be repealed under the Conference Committee Report. D. Report of Director of Planning None E. Report of Director of Communes Services 1. EDENVALE QOLF COURSE PROPOSAL Lambert reported that on April 15,the City received a letter from the attorney representing Edenvale Golf Course, Inc. requesting that its offer to see the Edenvale Golf Course to the City of Eden Prairie be withdrawn. Negotiations between Staff and the golf course had proceeded to the point where staff was prepared to recommend to Council a purchase price of$2.0-2.5 million versus the selling price of$6 million. In response, the golf course chose to withdraw its offer and asked that the City not make public all the I` details of the City's analysis and negotiation. 4 No action necessary. 2. PRESERVE HOMEOWNER;: ASSOCIATION TRAIL Barbara Cross, City Landscape Architect, reported that last winter, the Council considered the condition of the trial and screening from Preserve Village Mail into the neighborhood to the southwest. Several meetings had been held since in order to resolve the issue. The Preserve Homeowners Association had only agreed to a one-third share of the $600.00 cost to repair the asphalt trail. Staff recommended that the cost for landscaping improvements be split between the City and Ryan Construction. The City's portion of all these improvements was estimated to be approximately $3,160.00 and would be funded by cash park fees. Cross continued that Evelyn Law, President of the Preserve Homeowners Association, caged her on April 6th to report on the Association meeting. The Association Board agreed to pay a share of the cost for foang the trail; however, it believed additional landscaping was not necessary. It stated that 1) both homeowners were aware of the shopping center and trail when they moved in; 2) there are many other trails in the Preserve where the individual homeowners have taken it upon themselves to landscape and fence for privacy, and to respond to this request would be setting a dangerous precedent; and 3) they have monitored the trail and feel that although any kind of vandalism is unfortunate, there has not been sufficient damage to either property to warrant the expenditure. Cross reported Ryan Construction was willing to cooperate to solve the problem, but was concerned about the costs when the trail may ultimately be closed. They did however to split the cost of the rail fence and 40 dwarf nine bark shrubs to help alleviate the neighbors concerns. a. Eden Prairie City Council Meeting April 19, 1988 Page 10 At the Parks and Recreation and Natural Resources meeting on April 18th, Larry Paumen, 9712 Claris Circle, indicated the estimated costs seemed high and that he and Bob Humphrey's, 9365 Garrison Way,would plant the shrubs themselves saving on contractors expenses for installing shrubs. MOTION Pidcock moved, seconded by Harris to accept the Staff recommendation. Motion carried unanimously. 3. LAKE RILEY CHAIN OF LAKES IMPRQVEMENT PROJECT Lambert reported that in mid-1986,the United States Environmental Protection Agency awarded a grant for the Lake Riley Chain of Lakes improvement Project. A feasibility study was conducted thereby becoming eligible for a Clean Lakes Program Grant Application. The major goal of the project was to improve the water quality of Lake Riley; however, the project would include removal of rough fish on all of the lakes upstream by installing fish barriers,aerators where needed, and biomanipulation and aeration of Lake Riley. Staff recommended that Council authorize entering into an agreement with the Watershed District and the City of Chanhassen for local support of this project with the condition that the City of Chanhassen agree to acquiring the necessary public accesses upstream and to fund 50% of the ongoing aeration and maintenance costs for Lake Riley where by the City's cast would be approximately S7,6W. MOTION Harris moved, seconded by Bentley to authorize Staff to enter into an agreement with Watershed District and the City of Chanhassen for kocai support of the clean up project under the condition that the City of Chanhassen agree to acquire the necessary public accesses upstream and agree to funding SO% of the ongoing aeration and maintenance costs of Laid Riley. Motion carried unanimously. b 4. PUFIGATORY CREEK RECREAIIQN AREA MAJOR ACCESS F Lambert reported that since 1981 when the Purgatory Creek Recreation Area Plan was originapy approved,the feasibility of the plan was studied and the proposed major access was moved several times due to development of land or willingness of a property owner to sell land to the City for development of the access. j a He reported that the most recently approved plan was located on the property line of the Feeders and Naegeie properties. Representatives of the Feeders property have recently suggested a realignment of Technology Drive and a modification of the major entry that would occur along the south side of the realigned Technology Drive. The proposed design looked feasible on the plan; however, the proposed area consists of deep peaty soils and staff was concerned regarding the feasibiUty of actual construction of an entry in that location. Lambert stated that the property immediately south of the Flagship Athletic Club and north of the development formerly referred to as Castle Ridge,was another possible entry. Staff recommended an access at both locations; however, the major access should be determined in the near future and sufficient property acquired in order to develop the access and necessary parking for this park. Staff recommended that Council authorize hiring Brauer and Associates to review the feasibility of the design proposed on Feeders site and to develop a design on the site south of Flagship for a major entry. Staff estimated the study would take no more than six weeks and cost less than$3000. Eden Prairie City Council Meeting April 19, 1988 Page 11 Pidcock inquired why Brauer and Associates was chosen. Lambert replied that it worked on the original feasibility study and its knowledge of the area would eliminate a great deal of time in acquiring background information, thereby saving time and money. OTION Anderson moved,seconded by Harris to direct Staff to proceed with their recommendations for the Purgatory Creek Recreation Area Major Access at a cost not greater than$3000. Motion carried unanimously. S. LAKE RILEY OPERATION POLICY Lambert reported that at the March 7th Parks, Recreation and Natural Resources Commission meeting., it was recommended that the Council consider banning alcohol in Riley Lake Park and install a rope-and-buoy system across the entire lake frontage to enforce a proposal that would not allow anyone to moor or beach a boat at Riley Lake Park. At the March 15th meeting, the Council tabled that recommendation and directed staff to extend "no parking- signs along streets to one mite from Riley Lake Park,to restrict any vehicles with trailers from using the overflow paring W, and to hire additional staff at Riley Lake Park to enforce the existing ordinances. The Council further directed Staff to begun discussion with representatives from Chanhassen to consider a surface management ordinance on Riley Lake that would either Omit the speed mowed on the lake during certain times of the day and certain days of the week,or would limit the size of motors allowed on boats on that lake. The Council further directed Staff to consider any other options that might be recommended to improve the safety of users of Riley Lake. Lambert continued that at the meeting with the City of Chanhassen, and Riley Lake Homeowners f Association, they suggested to Staff to again consider no alcohol in the park this year. Additional recommendations of rope-and-buoy system be put in along the frontage area of the beach. This would restrict the mooring of boats south of the swimming beach area and eliminate dangerous practice of water skiing in that vicinity. The City of Chanhassen has no public access,and Eden Prairie will protect the public right to access the lake. Peterson felt that prohibiting the use of alcohol in the park would not result in no use of alcohol. MOTION Bentley moved, Harris seconded to approve Stall recommendations for the Lake Riley Operational Policy for implementation this year per memorandum to Mayor and City Council dated April 13, 1988. Motion carried unanmously. F. Reeort at Dirrctor of Public Works 1. AWARD CONTRACT FOR 1988 IJITUMtNOUS 3JEpL COAT{Nq Dietz reported to Council that bids for the bituminous seal coating were opened on April 14, 1968. A tabulation of bids and recommendation for award were presented. MOTION Harris moved, seconded by Pidcock. to adopt Resolution No. 88-62 awarding the 1988 Bituminous Seal Coating Contract to Allied Blacktop Co., Inc. Motion carried unanimously. Eden Prairie City Council Meeting April 19, 1988 Page 12 2. AWARD CONTRACTS FOR 1988 STREET MATERIALS Dietz reported to Council that bids for street materials were opened on April 14, 1988. A tabulation of bids and recommendation for award were presented. MOTION Harris moved,seconded by Pkk*ck,to adopt Resolution No. 88-61 awarckg Maintenance Materials and Water Treatment Chemicals to the lowest responsible bidders as listed. Motion carried unanimously. 0. ReaW of Finance Dlreetor None XI. NEW BUSINESS X11. ADJOURNMENT MOTION Bentley moved, seconded by Pidcock to adjourn the meeting at 11:20 PM. i 1 t