City Council - 06/05/1990 EDEN PRAIRIE CITY COUNCIL
APPROVED MINUTES
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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
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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
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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)
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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
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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.
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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.
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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.
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City Council Minutes - 7 - June 5, 1990
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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.
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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.
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Carlson responded this would have larger hoses with sore attention
to architectural features.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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