HomeMy WebLinkAboutCity Council - 07/02/2002I
AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOPIFORUM
TUESDAY, JULY 2,2002 CITYCENTER
4:OO - 6:25 PM, HERITAGE ROOM 11
6:30 - 7:OO PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and
Jan Mosman
CITY STAFF:
City Manager Scott Neal, Public Safety Director Jim Clark, Public Works Services Director
Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development
and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene
McWaters
Heritage Room 11
I. CALL MEETING TO ORDER
11. APPROVAL OF AGENDA
111. SMOKE-FWCE AIR ORDINANCE DISCUSSION
IV. OTHER TOPICS
Council Chamber
V.
VI.
VII. ADJOURNMENT
OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.)
OPEN PODIUM (Unscheduled participants, 650-7:00 p.m.)
MEMORANDUM
To: Mayor and Councilmembers
Through: Scott Neal, City Manager aP From:
Date: June 27,2002
Ric Rosow and Roger A. Pauly m
Subject: Smoking Regulations Eden Prairie
Attached is a revised draft of an ordinance regulating smoking in the City. It is not intended that
the revised draft change the substantive provisions of the earlier draft. The revised draft
eliminates certain definitions which are deemed unnecessary and contains certain editorial
revisions. Perhaps most importantly, the revised draft eliminates the recitation of specific
enclosed areas of public places following Subd, 2.A. and utilizes instead, the generic prohibition
against smoking in all enclosed areas of public places within the City. The terms “Public Place”
are also broadly defined without reference to specific facilities. Since these generic def~tions
include all of those places enumerated in the earlier draft, provision is made in Subd. 2., E. for
the addition of any of those facilities to be exempted if it is so desired. The enumeration of
specific places in Subd. 2., B. has been retained with the exception of the difficult to administer
prohibition against smoking in areas where air circulation may be impeded by landscaping or
other barriers. Since these areas prohibit smqking in outdoor places, it is not feasible to craft a
generic prohibition.
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CITY OF EDEN PRAlRlE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. - 2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 9 BY ADDING SECTION 9.42; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section I. City Code Chapter 9 is amended by adding Section 9.42 as follows:
Section 9.42. Eden Prairie Smokefree Air Ordinance of 2002. This
Section shall be known as the Eden Prairie Smokefree Air Ordinance of
2002.
Subd. I. General Provisions
A. Findings and Intent. The Eden Prairie City Council does
hereby find that:
Numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution, and that breathing
second hand smoke (also known as environmental tobacco
smoke) is a cause of disease in healthy nonsmokers,
including heart disease, stroke, respiratory disease, and lung
cancer. The U.S. Surgeon General has determined that
secondhand smoke is responsible for the early deaths of
65,000 Americans annually.
The Public Health Service's National Toxicology Program
has listed secondhand smoke as a known carcinogen (U.S.
DHHS, 2000, citing Cal. EPA, 1997).
Secondhand smoke is particularly hazardous to elderly
people, individuals with cardiovascular disease, and
individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease.
Children exposed to secondhand smoke have an increased
risk of asthma, respiratory infections, sudden infant death
syndrome, developmental abnormalities, and cancer.
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(4) The Americans With Disabilities Act, which requires that
disabled persons have access to public places and
workplaces, deems impaired respiratory function to be a
disability.
The U.S. Surgeon General has determined that the simple
separation of smokers and nonsmokers within the same air
space may reduce, but does not eliminate, the exposure of
nonsmokers to secondhand smoke. The Environmental
Protection Agency has determined that second hand smoke
cannot be reduced to safe levels in businesses by high rates
of ventilation. Air cleaners, which are only capable of filtering
the particulate matter and odors in smoke, do not eliminate
the known toxins in secondhand smoke.
(6) A significant amount of secondhand smoke exposure occurs
in the workplace. Employees who work in smoke-filled
businesses suffer a 25-50% higher risk of heart attack and
higher rates of death from cardiovascular disease and
cancer, as well as increased acute respiratory disease and
measurable decrease in lung function.
(7) Smoke-filled workplaces result in higher worker absenteeism
due to respiratory disease, lower productivity, higher
cleaning and maintenance costs, increased health insurance
rates, and increased liability claims for diseases related to
exposure to secondhand smoke.
(8) Smoking is a potential cause of fires; cigarette and cigar
burns and ash stains on merchandise and fixtures causes
economic damage to businesses.
(9) Accordingly, the Eden Prairie City Council finds and declares
that the purposes of this ordinance are (1) to protect the
public health and welfare by prohibiting smoking in public
places and places of employment; and (2) to guarantee the
right of nonsmokers to breathe smokefree air, and to
recognize that the need to breathe smokefree air shall have
priority over the desire to smoke.
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B. Definitions. For the purpose of this section, the following
terms shall have the meanings:
I.
2.
3.
4.
5.
6.
7.
"Outside Dining or Drinking Area" means any area, which is
not an Enclosed Area, containing a counter or tables upon
which meals or beverages are served.
"Employee" means a person who is employed by an
employer in consideration for direct or indirect monetary
wages or profit, including those employed full-time, part-
time, temporary or contracted for from a third party;
employee also means any person who volunteers his or her
services for a business or non-profit entity.
"Employer" means a person, business, partnership,
association, corporation, including a municipal corporation,
trust, or non-profit entity that employs the services of one or
more persons (or in the case of a non-profit entity, accepts
the services of a volunteer).
"Enclosed Area" means a space in a building or structure
between a floor and ceiling that is enclosed on all sides by
solid walls, windows or doors, which extend from the floor to
the ceiling. An Enclosed Area includes the enclosed part of
a motor vehicle.
"Nonprofit entity" means any corporation, unincorporated
association or other entity created for charitable,
philanthropic, educational, character building, political, social
or other similar purposes, the net proceeds from the
operations of which are not for private financial gain. A
public agency is not a nonprofit entity within the meaning of
this Section.
"Place of Employment" means an area under the control of a
public or private employer that employees normally frequent
during the course of employment.
"Public Place" means an area to which the public is invited
or in which the public is permitted. A private residence is not
a "public place" unless it is used as a child care, adult day
care, or health care facility.
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8. "Smoking" means inhaling, exhaling, burning, or carrying any
lighted cigar, cigarette, pipe, weed, plant, or other
combustible substance in any manner or in any form.
C. Application of Section to the City. This Section applies to the
City.
Subd. 2. General Restrictions
A. Prohibition of Smoking in Enclosed Areas of Public Places.
Smoking is prohibited in all enclosed areas of Public Places within
the City.
B. Prohibition of Smoking in Certain Areas. Smoking is
prohibited in and within twenty (20) feet of the following areas:
1. Any place where people are using or waiting for a service,
entry, or a transaction, including but not limited to ATM's,
bank teller windows, telephones, ticket lines, bus stops and
cab stands;
2. Any place where food and/or drink is offered for sale;
3. Areas not open to the sky;
4. Children's play areas;
5. Entrances and exits to and from an enclosed area of a
Public Place;
6. Open windows of an enclosed area of a Public Place;
7. Public events including but not limited to sports events,
entertainment, speaking performances, ceremonies,
pageants and fairs;
8. Public parks and gardens;
9. Outside Dining and Drinking Areas;
IO. Stairways.
C. Prohibition of Smoking in Places of Employment
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I. Smoking is prohibited in enclosed areas of places of
employment.
2. Within ninety (90) days of the effective date of this
ordinance, an employer having a place of employment
located within the city shall adopt, implement and maintain a
written smoking policy which shall contain the following:
Smoking is prohibited in all enclosed areas of a
place of employment. “Enclosed Area” means a
space in a building or structure between a floor
and ceiling that is enclosed on all sides by solid
walls, windows or doors, which extend from the
floor to the ceiling. An Enclosed Area includes
the enclosed part of a motor vehicle.
3. The smoking policy shall be communicated to all existing
employees within three weeks of its adoption and to all
prospective employees upon their application for
employment. Employers shall supply a written copy of the
smoking policy upon request to any existing or prospective
employee.
4. It shall be the responsibility of employers to provide a
smoke-free workplace for all employees.
5. No person or employer shall discharge, refuse to hire, or in
any manner retaliate against any employee or applicant for
employment because such employee or applicant exercises
any rights to a smokefree workplace afforded by this
Section.
D. Restriction of Smoking in Hotels and Motels. Seventy-five
percent (75%) of the rooms in any hotel or motel shall be
maintained as permanent nonsmoking rooms.
E. Where Smoking Not Regulated. Notwithstanding any other
provision of this Section to the contrary, the following areas shall be
exempt from the provisions of this Section:
1. Private residences, except when used as a licensed child
care, adult day care, or health care facility.
2. Hotel and motel rooms that are rented to guests and are
designated as smoking rooms; provided, however, that not
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more than twenty-fwe percent (25%) of rooms rented to
guests in a hotel or motel may be so designated.
3.
4.
5.
6.
F. Declaration of Establishment as Nonsmoking.
Notwithstanding any other provision of this Section, an owner,
operator, manager, or other person in control of an area of a public
place may declare that area as a nonsmoking place. Smoking shall
be prohibited in any place in which a sign conforming to the
requirements of Subdivision 2, Paragraph G of this Section is
posted.
G. Posting of Signs
I. "No Smoking" signs or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it)
shall be clearly and conspicuously posted in every public
place and place of employment where smoking is
prohibited by this Section, by the owner, operator,
manager, or other person in control of that place.
2. Every Public Place and Place of Employment where
smoking is prohibited by this Section shall have posted at
every entrance a conspicuous sign clearly stating that
smoking is prohibited.
3. All ashtrays and other smoking paraphernalia shall be
removed from every area where smoking is prohibited
under this Section by the owner, operator, manager, or
other person having control of the area.
Subd. 3. Enforcement
A. Enforcement, Inspections and Complaints.
1. Notice of the provisions of this Section shall be given to
all applicants for a business license in the City of Eden
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2. Any citizen who desires to register a complaint under this
Section may initiate enforcement with the City Manager
or hidher designee.
3. The Police Department, Fire Department, or Building
Inspection Department shall, while an establishment is
undergoing otherwise mandated inspections, inspect for
compliance with this Section. As part of an inspection,
an establishment is required to provide a “self-
certification” from the owner, manager, operator or other
person having control of such establishment that all
requirements of this Section have been complied with.
4. An owner, manager, operator, or employee of an
establishment regulated by this Section shall inform
persons violating this Section of the appropriate
provisions thereof.
5. Notwithstanding any other provision of this Section, an
employee or private citizen may bring legal action to
enforce this Section.
6. In addition to the remedies provided by the provisions of
this Section, the City Manager or any person aggrieved
by the failure of the owner, operator, manager, or other
person in control of a public place or a place of
employment to comply with the provisions of this Section
may apply for injunctive relief to enforce those provisions
in any court of competent jurisdiction.
B. Violations and Penalties
1. It shall be a petty misdemeanor for any person to smoke in
an area where smoking is prohibited by the provisions of this
Section. The fine for violation of this provision shall be $1 00
plus all surcharges mandated by law.
2. It shall be a petty misdemeanor for any person who owns,
, manages, operates, or otherwise controls a Public Place or
Place of Employment to fail to comply with posting of signs
requirement contained in Section 9.42, subd. G2. The fine
for violation of this provision shall be $300 plus all
surcharges mandated by law.
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3. It shall be a misdemeanor for any person who owns,
manages, operates or otherwise controls a Public Place or
Place of Employment to knowingly allow a violation of this
Section to occur at the Public Place or Place of
Employment.
4. In addition to enforcement pursuant to Section 9.99, a
violation of this Section by a person who owns, manages,
operates, or otherwise controls a Public Place or Place of
Employment may result in the suspension or revocation of
any permit or license issued to the person for the premises
on which the violation occurred.
5. Each day on which a violation of this Section occurs shall be
considered a separate and distinct violation.
C. Other Applicable Laws. This Section shall not be interpreted
or construed to permit smoking where it is otherwise restricted by
other applicable laws.
D. Severability. If any provision, clause, sentence, or paragraph of
this Section or the application thereof to any person or
circumstances shall be held invalid, that invalidity shall not affect
the other provisions of this Section which can be given effect
without the invalid provision or application, and to this end the
provisions of this Section are declared to be severable.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation’’ and
Section 9.99 entitled “Violation a Misdemeanor” are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
Section 3. This Ordinance shall become effective from and after its passage and
publication.
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FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on
,2002, and finally read and adopted and ordered published
1
the dayof
at a regular meeting of the City Council of said City on the day of
2002.
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the day of ,2002.
ep\smoking ban\ch.9 smoking ban.052502
9
AGENDA
TUESDAY, JULY 2,2002
EDEN PRAIRTE CITY COUNCIL
7:OO PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,
David Luse and Jan Mosman -- .
CITY STAFF: City Manager Scott Neal,, Parks & Recreation Services Director Bob Lambert,
Public Works Services Director Eugene Dietz, Community Development and Financial Services
Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder
Theresa Brundage
I.
11.
111.
IV.
V.
VI.
VII.
VIE.
ROLL CALL / CALL THE MEETING TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL FORUM INVITATION
PROCLAMATION OF JULY AS RECREATION AND PARKS MONTH (I - 6)
PRESENTATION OF MRPA AWARDS OF EXCELLENCE [T - 20)
APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MINUTES
A. SPECIAL CITY COUNCIL MEETING ON SMOKE-FREE AIR
ORDINANCE, TUESDAY, JUNE 11,2002 (2 I -3-4
B. CITY COUNCIL WORKSHOP, JUNE 18, 2002 133- 36)
C. CITY COUNCIL MEETING, JUNE 18,2002 c37- 50)
CONSENT CALENDAR
A. CLERK’S LICENSE LIST [5’ i)
B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY
TOWNHOMES gTH ADDITION (‘52 -53 .;>
APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY
CODE SECTION 9.04, RELATING TO RULES AND REGULATIONS
C.
GOVERNING PUBLIC PARKS (54 -5g’
CI'IYCOUNCILAGEMlA
July 2 2002
Page 2
Ix.
X.
XI.
XII.
D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY
CODE SECTION 9.14 AND ADDING 9.15, RELATING TO PHOSPHORUS
FERTILIZER RESTRICTIONS AND ADOPT RESOLUTION APPROVING
. SUMMARYORDINANCE &+-c3)
E. APPROVE AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH SEH FOR FTNAL DESIGN OF TH 212NALLEY
VIEW ROAD INTERCHANGE AREA IMPROVEMENTS, I.C. 01-5543 &4 - 7 1)
ADOPT RESOLUTION AWARDING CONTRACT FOR CHARLSON
AREA IMPROVEMENTS - PHASE III, I.C. 02-5565 L7a- 74)
HOUSE TO GRAUS CONTRACTING, INC. l75-80)
F.
G. AWARD CONTRACT FOR REMODELING OF SMITH-DOUGLAS-MORE
PUBLIC HEARINGS / MEETINGS
A. HTG ARCHITECTS BUILDING by James Grover. Request for Site Plan
Review on .86 acres. Location: 9300 Hennepin Town Road. (5 1- 35)
B. ANNETTE ESTATES by Annette Kaukan. Request for Preliminary Plat of 2.46
acres into 3 lots. Location: 14758 Staring Lake Parkway. (Resolution for
Preliminary Plat) Cas- cid)
GUIDE PLAN UPDATE - AIRPORT ELEMENT by the City of Eden Prairie.
Request for approval of the Aviation Goals, Chapter 2 and Airport Element,
Chapter 6, to be included as part of the approved Guide Plan Update. (Resolution
for Adopting Airport Element of the Comprehensive Guide Plan Update) cq3)
C.
PAYMENT OF CLAIMS lqs- 106)
ORDINANCES AND RESOLUTIONS
PETITIONS, REOUESTS AND COMMUNICATIONS
XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIV. APPOINTMENTS
XV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C.
D.
REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
CITYCOUNCOLAGENDA
July 2 2002
Page 3
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
F.
G.
H. REPORT OF CITY ATTORNEY
REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
REPORT OF MANAGEMENT SERVICES DIRECTOR
XVI. OTHER BUSINESS
XVII. ADJOURNMENT
clc.ryCOlJNCILAGENDA
SECTION:
DATE:
July 2,2002
Parks & Recreation Services
Tria Mann, Arts & Special
Events Coordinator
ITEMDESCRIPTION: Proclaim July .
Recreation and Parks Month
Requested Action
Move to: Proclaim July as Eden Prairie Parks and Rep-eation Month
Synopsis
The National Recreation and Parks Association designates Jdy as Recreation and Parks Month. The
Eden Prairie Parks & Recreation Service Area uses this nationally recognized month to bring
attention to the contributions that parks and recreation give to the community’s well-being as well as
challenge residents to become acquainted with the parks and recreation facilities, programs, and
services that are offered in Eden Prairie. t
Did you know that in 2001 Eden Prairie Parks & Recreation.. .
0 Serviced over 600,145 participations in programs, facility rentals, and events
0 Maintained over 1,000 acres of developed parkland and 242 recreational facilities
0 Have 1,300 acres of property that is preserved as conservation areas
Partnered with 29 other agencies and businesses to deliver programs and services
Was given over $32,380.85 fiom businesses, families, and individuals
0 Was given over 1,536.5 volunteer hours fiom services organizations, schools, and individuals
fiom programs and projects
These are just a few of the benefits that Eden Prairie Parks & Recreation provides to &qmmmUnity
of Eden Prairie.
Attachments
Proelariation
Benefits are Endless in Eden Prairie Parks & Recreation
City of Eden Prairie
Hennepin County, Minnesota
JULY IS RECREATION AND PARKS MONTH
WHEREAS, parks, recreation activities, and leisure experiences provide opportunities
for young people to live, grow, and develop into contributing members of society; and
WHEREAS, parks and recreation create lifelines and continues life experiences for
older members of our community; and
WHEREAS, generating opportunities for people to come together and experience a
sense of community through fun recreational pursuits; and
WHEREAS, park and recreation agencies provide outlets for physical activities,
socialization, and stress reducing experiences; and
WHEREAS, parks, playgrounds, nature trails, open spaces, community and cultural
centers, and historic sites make a community attractive and desirable places to live, work,
play, and visit to contribute to our ongoing economic vitality; and
WHEREAS, parks, greenways, and open space provide a welcome respite from our
fast paced, high tech lifestyles while protecting and preserving our natural environment; and
WHEREAS, parks and recreation agencies touch the lives of individual, families,
groups, and the entire cornunity which positively impacts upon the social, economic,
health and environmental quality of our community.
NOW, THEREFORE, I, Nancy Tyra-Lukens, Mayor of the City of Eden Prairie,
Minnesota, do hereby proclaim that July is “Recreation and Parks Month” and encourage all
citizens to celebrate by participating in their choice of pleasurable activities to find
refreshment from their leisure.
ADOPTED by the Eden Prairie City Council on this 2nd day of July 2002.
Nancy Tyra-Lukens, Mayor
a a
Benefits are Endless in Eden Prairie Parks & Recreation
The CiQ of Eden Prairie’s Parks & Recreation Services foster a high quality living environment
and provide healthy’ safe, enjoyable leisure time opportunities for all segments of the population
by:
and people of all abilities.
facilities to meet community needs.
or work in Eden Prairie.
environmental features within Eden Prairie.
Providing a variety of affordable recreational programs and services for all age groups
Developing and maintaining the park and open space system with sufficient recreation
Promoting maximum public uses and access to all community facilities by those who live
Identifymg and recommending ways to protect and preserve unique historical and
DID YOU KNOW THAT IN 2001
43 parks and special use areas, 5 historical sites, and 14 conservation areas can be found in
Eden Prairie.
The City maintains over 1,000 acres of developed parkland.
242 recreational facilities are maintained in Eden Prairie:
e
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2 public beaches
5 historical sites
5 fishing piers
8 hockey rinks and free skate areas
52 baseballhoftball fields
46 soccer fields
12 sand volleyball courts
4 bocce courts
8 horseshoe pits
25 basketball courts
47 tennis courts
15 football fields
7 rental picnic areas
2 comunity garden sites
a lighted sledding hill
1 six kilometer cross country ski trail
golf practice nets
marina
Over 80 miles of bituminous bike trails.
Eden Prairie has 1,300 acres of property that is preserved as conservation areas.
Nine parks were improved: Nesbitt Preserve Parky Round Lake Park, R.T. Anderson
Conservation Area, Staring Lake Park Smetana Lake Park, Homeward Hills Parky Outdoor
Center’ Bluffs 1 & 2
17.57 acres of land were dedicated to the City
.03 acres of land to the City by tax forfeiture
There were 7 park facility improvements and three trail projects
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3 grants were received to help with improvements at Smetana Ldce Park and Round Lake
Park water quality.
There were 8 burials at the City’s Pleasant Hill Cemetery.
1 Fulltime Forestry Technician covered over 16,000 acres of the City in an effort to detect
diseased trees.
Tree inspectors responded to 159 tree related service calls
309 trees were lost to Dutch elm disease
24 trees were lost to oak wilt disease
164 trees were planted in Eden Prairie’s park system
39 property owners were sent tall grasdweed notices
Over 600,145 people (duplicated number) benefited fiom the parks & recreation facilities
and programs.
353 rentals ($23,015 in revenue) were completed at on of the 8 park buildings available to
rent for picnics, meetings, socials, etc.: Staring Lake Park Outdoor Center, Staring Lake Park
Building, Staring Lake Park Amphitheater, Homeward Hills Park Building, Round Lake Park
Building, Round Lake Park Pavilion, Miller Park Building, Riley Lake Park Pavilion.
Over 300 different groups rented a park facility
25,875 people participated in the rentals
99 Community Gardens were rented.
5 1 1,8 1 1 public uses at the park buildings, Community Center, beaches, and Oak Point Pool.
293,382 spectators for events at the Ice Arena & Olympic Ice Arena
406 memberships (1,003 individuals) were sold at the community center.
The Community Center is the site for the home practice and game site for Eden Prairie High
School boys and girls hockey, swimming, & diving teams; faciltiy use for Eden Prairie High
School physical education classes and facility rental and use for Eden Prairie Athletic
Associations. .
$20,505 is EPCC meeting room rentals
EPCC was built 19 years ago
27,485 people participated in a variety of programs at Oak Point pool
33,418 people used Round & Riley Lake Beaches
Over 150 programs were offered through the youth and family recreation services.
Over 6,000 youth and adults participated in various youth and family recreation activities.
Over 24,563 people.took advantage of the eight outdoor skating rinks and Staring Lake
2,469 youth participated in 21 summer camp programs
39 families benefited fiom the scholarship program
29 agencieshusinesses are partnered with to provide recreation programs & services (Senior
Outreach, Happy Feet, Inc., Metropolitan Visiting Nurse Association, AART?, IRS, Altera
Clare Bridge, YMCA, Chanhassen Park & Recreation, Minnesota Department of Revenue,
DNR, Minnesota Recreation & Parks Association, Nine Mile Creek Watershed District,
Community Education, St. Andrew Church, Elliot Aviation, City of Richfield, City of
Bloomington, City of Edina, Metropolitan Airport Commission, Eden Prairie Center, Eden
Prairie High School & Central Middle School, Edina High School, Richiield High School,
Bloomington High Schools, and Hennepin Technical College), Eden Prairie Optimist, Castle
Ridge Care Center, Richfield Senior Program.
sliding hill.
0
0
0
e
e
e
e
e
e
0
e
e
0
0
0
0
e
Eight Adaptive Recreation programs were offered and 223 registrations were taken of those
175 were from Eden Prairie.
226 registrations into Recreation programs took advantage of the inclusion services of those
212 were from Eden Prairie
547 teams and 9,474 individuals participated in adult athletic progrm.
Adult Athletic programs contribute over $23,000 to the Capital Improvement Fund for field
improvements.
Eight sport/athletic programs are offered to adults throughout the year
7,654 visits were made to the Senior Center for programs and information
The Senior Center was used by 2,339 non-seniors for scout activities, voting, theater, English
as a Second Language, community groups, and other recreation groups.
140 adults participated in 11 trips.
The Senior Service volunteers (1 1) provided 161 round trips for 92 different people (seniors)
for a total of 626 times used.
Senior Awareness Week which celebrates May as Older American’s Month had 940
duplicated participants in 19 activities.
Seniors gave an inestimable amount of volunteer hours to the Senior Center as Advisory
Board Members, van drivers, activity coordinators, office aides, special event assistants, and
more.
Eden Prairie Echoes, Senior Center Newsletter is mailed to over 950 senior households and
agencies in Eden Prairie and 200 out side of Eden Prairie
206 adults participated in 18 van trips
over 69,000 copies of the Eden Prairie program brochures are mailed a year
1,035 registrations were taken for the 11 1 of 190 Outdoor Center programs offered
Over 13,430 people attended arts events.
Over $13,120 was raised by tickets sales and donated by local businesses and individuals for
arts events.
28 Scouts fiom Boy Scout Troop 695 earned money from selling concessions at the Staring
Lake Concert Series. This money was used for camping fees, registration and other scouting
activities throughout the year.
Over 396 artists participated in art events.
Three local service organizations participated in art events by providing concessions.
378 volunteer hours were given by Eden Prairie teens and adults for art events.
Over 18,530 people attended one or more of the eight special events.
Over $25,300 was donated by local businesses and individuals for events.
Over 153.5 volunteer hours for given for special events.
8 local service organizations participated in the special events through concessions, games,
and co-sponsorship.
Over $32,380.85 was given to the Parks & Recreation Services Area.
Over $18,27 1 worth of product, merchandise, or land was given to the Par& & Recreation
Services Area.
Over 1,536.5 volunteer hours were given by individuals and groups for park and recreation
programs and projects for a value of $8,066.63
38 fulltime employees and over 300 Part-time/Seasonal and contracted employees work
together to bring the Parks & Recreation Services to the residents of Eden Prairie.
s 5
0 Arts & Events collected 273 pounds of food for PROP’S foodshelf.
Arts & Events collected several gifts of clothing for PROPS closet and holiday program.
0 Three student interns worked 1,440 hours for college credit ($1 1,520 in value)
0 Over 550 people participated in the ten historical programs offered at the J.R. Cummins
Homestead
TM/tm
June 17,2002
DATE: CITYCOmaAGENDA
SECTION:
July 2,2002
SERVICF, ARF,A/DIVISIOR
Parks and Recreation
Bob Lambert, Director of Parks
and Recreation Serviced
Tria Mann, Arts & Events
Coordinator
ITEMDESCRIPTION
Minnesota Recreation and Parks Association
(MRPA) Awards of Excellence
ITEM NO:
-K
Action:
' Greg Boatman, a representative from the Awards Committee for the Minnesota Recreation and Parks
Association will be in attendance at the July 2 City Council meeting to present the awards to the City.
Synopsis:
The City of Eden Prairie has been selected to receive a Minnesota Recreation and Parks Association (MRPA)
Award of Ekcellence for the Programs at the Cummins House.
The Awards Committee for the Minnesota Recreation and Parks Association granted awards to 19 nominations
total. The MRPA Award of EjcceZZence program recognizes agencies or organizations in Minnesota for
outstanding achievements in parks, recreation, and leisure services. The Award of ExceZZence program
recognizes newly implemented projects, programs or initiatives that have occurred during the previous year.
The goal of the awards program is to increase public awareness and appreciation of the excellent parks, trails,
recreation and leisure services available throughout Minnesota.
Attachment:
Letter to Tria Mann, dated June 7*, 2002, Re: notification
MRPA Award of Excellence Winners for 2002
Award of EjcceZZence Categories and Criteria for Judging
Nomination Form for the Programs at the Cues House
.
June 7,2002
Tria Mann
Eden Prairie Parks and Rec
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Tria,
The MRPA Award of Excellence program recognizes agencies and organizations in Minnesota for their outstanding
achievements in the parks, recreation and leisure services field. The MRPA Awards Committee has met and reviewed 28
nomination forms for the 2002 Award of Excellence program. This represents what I believe are a record number of
nominations submitted for the Award of Excellence Program. Thank you for being part of this record-breaking year. This
year 19 nominations were selected by the Awards Committee to receive Award of Excellence recognition. Each nomination
submitted is carefully evaluated by the Awards Committee according to certain criteria established in each of the seven award
categories. The winning projects must score an average of 80 points.or higher to receive this prestigious recognition.
Congratulations to the City of Eden Prairie Parks and Recreation Department on your selection to receive a 2002 MRPA
Award of Excellence. Attached is a list of the communities that received a 2002 Award of Excellence. The MRPA Awards
Committee would like to have one of its members present the Award of Excellence at either a City Council or Park and
Recreation Board or Commission meeting in either July or August of this year. To better facilitate this coordination, I have
included the name of the Awards Committee member who has volunteered to make the presentation of your Award of
Excellence. Please contact the Awards Committee member listed below to set up the presentation schedule for your Award
of Excellence. Then once you have established the schedule, please contact me so that I can put together a master schedule
for our Awards Committee members.
2 Name of Award Presenter
Greg Boatman
Bloomington Parks and Recreation
2215 West Old Shakopee Road
Bloomington, MN 5543 1
Phone: 952-563-8899
Email: gregory.boatman@ci.bloominaon.mn.us
Thank you for nominating a project for the 2002 MRPA Award of Excellence program and congratulations on your project
being selected to receive an Award of Excellence this year.
Chah-2002 MRPA Awards Committee
cc: Greg Boatman
4 3
4
MINNESOTA RECREATION AND PARKASSOCIATlON
2002 AWARD OF EXCELLENCE
The MEGA Award of Excellence program recognizes agencies or organizations in Minnesota for outstanding
achievements in parks, recreation and leisure services. A current member of MRPAmust submit the Award of
ExceIZence nomination form. Deadline for submitting the nomination form is April 15,2002. The intent of the
Award of Excellence program is to either recognize newly implemented projects, programs or initiatives that
have occurred during the previous year - in the year 200 1 or for a project that has resulted in substantial change
or improvement to a program, facility, or event in 2001. New this year is that your completed
nomination form for an Award of Excellence can be electronically sent to
infomrpu~~nrecpu~~orr: A major goal of the program is to increase public awareness and appreciation
of the excellent parks, trails, recreation and leisure services available throughout Minnesota. We invite your
participation!
Award of Excellence Categories
Programming - and Events
Examples: unique, creative recreation programming, special events, or collllllunity celebrations.
Park and Facilitv
Example: park or facility design and development, grounds or facility maintenance, urban forestry, landscaping, or conservation
projects.
. Administrative or Management Strategies
Examples: creative financing, land acquisition, strategic planning process, effective marketing strategies.
Volunteer Initiatives
Examples: use of volunteers in accomplishing goals, board and commission efforts.
Sponsorships and Partnerships
Examples: creative public-private partnerships, program sponsorships, philanthropic efforts. .
Communications
Examples: special promotional techniques, communication tools, publications, web sites, annual reports, brochures, literature,
pamphlets, cable television show.
TechnoIom
Examples: use of any type of technology that increases efficiency of your operation, GIs projects.
Criteria for Judging
Each category will be judged according to the following criteria:
Planning Process
Funding Plan
Level of Collaboration with Others
community support
Originality
Distribution Plan (for "Communications" category)
Evaluation Process
(See reverse side for Nomination Form)
lJXI"ES0TA RECREATION AND PARKASSOCIATION
5
2002 AWARD OF EXCELLENCE
NOMINATIONFORM
Due date: April 15,2002
Agency/Organization
Project Title
MRPA Member Nominator Phone( )
Category
Please respond to each of the following headings in sequence. Inresponding, try to be clear and concise specifically addressing each
of the points below. Please submit on 8.5 x 11 inch typed pages in 11 or 12-point type. You must submit either 20 paper copies of
your nomination or one completed form electronically to iufomma@mecuarkorq Winners will be asked to showcase their projects
at the annual MRPA conference during the Hall of Ideas. Deadline: April 15,2002.
1. Project description.
2. Outline the planning process for the project.
3. Outline funding plan for the project including: donations, grants, or public - private funding source.
4. Explain the level of collaboration involved and with whom.
5. Community Support: response to or support for the project including attendance, correspondence,
newspaper articles, publicity, proclamations or other examples of public support.
6. Describe why the project is unique or otherwise deserving of an MIUA Award of Excellence.
Include a sample of the publication, if nominating in the Publications Category.
7. Outline the evaluation or review process utilized throughout the project' s implementation and /or
completion.
Deadline for Submission is:
April 15,2002
Submit 20 copies to: Award of Excellence Program
Minnesota Recreation and Park Association
3954 Bryant Avenue South
Minneapolis, MN 55409
OR
NEW IN 2002: Electronically submit a completed nomination form in MS Word format to:
infoqa@mnr ecpark.org
For additional information, call Randy Distad. at (507) 645-3046 or via email at
randv.dktadoFinorthfieldmn.us
3
MINNESOTA RECREATION AND PARK ASSOCIATION
2002 AWARD OF EXCELLENCE
Agency/Organization :
Project Title:
MRPA Member Nominator: Tria Mann Phone: 952-949-8453
Eden Prairie Parks and Recreation
Programs at the Cummins House
Category: Programming and Events
I. Project Description
Programs at the Cummins House
Parks and Recreation Services wished to make the community more aware of the historic
J. R. Cummins Homestead which is listed on the National Register of Historic places.
A series of programs were developed with a history or heritage theme. One program was
held each month.
The programs that were offered are shown on the attached list.
2001 Cnmmins House Programs
January Preserving Your
Precious Photos
Sandy
Tria
. $10
Canceled no
Sunday,
January 21
1:30 -4:30 p.m.
Saturday,
February 10
6 - 8 p.m.
Saturday,
March 10 & 17
1O:OO a.m. - 12
registrations
$36 ~~ February Cummins House
Valentine’s
Dinner
Sandy
Laurie
Tria
29 registered
March Climb Your
Family Tree
Sandy
Laurie
$25
6 registered
April Climb Your
Family Tree with
Sandy
Laurie
$15
8 registered
Saturday,
April 7
1O:OO - Noon
Saturday,
May 5
3 - 4:30 p.m.
Sunday,
June 10
1 - 4 p.m.
Tuesday,
July 24
6:30 - 8:30 p.m.
Tuesday,
August7 ’
530 - 8:30 p.m.
the internet
Mommy & Me $10 (youth bud.)
40 registered
Nicole
for T&
June Na fee .
50 attend
Antiques in the
Garden & Ice
Cream Social
A Grand Evening
at the Cummins
John
Historical
Society
Tria
Bob JdY $27 ’
14 reg. canceled
needed 24
August Modern Roads to
Old Times -’ A
tour of historical
Eden Prairie
Sandy
John
$10 Adults, $5
children 13 &
under
34 registered
No Fee
1500 attended
September Sunday,
September 16
12:30 - 4:30 nm
Sunbonnet Day Tria
Sandy
John
October Cemetery Walk Tria
John
$3 (10 and older)
48 registered
Saturday
October 13
7 - 9 p.m.
Friday
Nov. 16
7 p.m.
November Mystery Murder
Dinner
“Reviewed to
Death”
$27
15 for the dress
rehearsal and 88
registered for the
dinners
No Fee
50Gended
Tria
Bob
December Sunday,
December 9
4 - 6 u.m.
Cummins House
Christmas
Sandy
Tria
Total ParticiDants 1,918
8
2. Outline the pimningprocess for the project
P& and Recreation staff, along with the city’s historic preservation specialist
brainstormed ideas. Staff then chose programs they thought would be of interest to the
public and listed them on the calendar. One or more staff chose to develop the programs
that were of interest to them.
Preserving Your Precious Photos - This class was about proper storage and mounting
of photographs and was taught by one of the staff with a hobby of archival photo
joumaling.
Cummins House Valentine’s Dinner - Staff felt that the Victorian feel of this old
farmhouse would be the perfect setting for a Valentine’s Dinner. A menu was developed
with a local caterer. Decorations were planned with a local party planner, who donated
and loaned some of the decorations. A student violinist from Eden Prairie High School
volunteered to provide background music for the evening. A horse and carriage was
hired to give rides prior to dinner. Unfortunately, few took advantage of it, as it was a
bitter cold evening. Staff and volunteers served the meal. Twenty-nine people
participated, and all considered it a successful evening.
Climb Your Family Tree - a genealogist from the Twin Cities was hired to teach this
class on how to search your family’s roots.
Climb Your Family Tree with the Help of the Internet - this was a separate class
taught by the same genealogist.
Mommy and Me for Tea - this was a program offered in the past at one of the city’s
other facilities. Staff thought that the J.R. Cummins Homestead would give a more
authentic feel to the afExir. Forty people registered and they were delighted with the
lo cation.
Antiques in the Garden Ice Cream Social - The home features a peony bed that dates
back to the 1920’s or earlier. This event was planned to bring people to see the garden.
An antique dealer was on had to talk about and value precious pieces that were brought
by attendees. The Historical Society served ice cream.
A Grand Evening At the Cnmmins - Another dinner at the house.was planned, along
with entertainment by Curtis & Loretta who play traditional folk and Celtic music, and an
opportunity to enjoy the grounds with croquet and lawn bowling.
Modern Roads to Old Times - is a historic tour of Eden Prairie designed around some
of the original roads in the southern part of Eden Prairie. . The tour started with hors
d’oeurves at the homestead, and concluded with dessert. Southwest Metro transit
proGded a free bus for the tour.
Sunbonnet Day, held in September, is an ongoing program that the city has been holding
for 22 years. The program was started by the former Historical and Cultural Commission
and has been held at the J.R. Cummins Homestead the last 21 years. The day features
four hours of entertainment, food, tours of the homestead, hay rides, horse show, pony
rides and more.
Cemetery Walk - This evening tour started at the homestead and continued to the two
cemeteries in Eden Prairie were local historians and members of the community theater
“role played” prominent past citizens.
“Reviewed to Death” Murder Mystery Dinner -participants were invited to join the
Lawrence Historical Society at a gala event at the recently restored R. J. Collins house.
During the festivities, a murder takes place and the historical society members work to
determine who among them has committed the crime. This was written especially for
this evening by a resident who is a member of the community theater. What was to be a
one evening program expanded to 5 more performances, and is being reprised this April
for 4 more performances.
The Cummins House Christmas was offered in the past, and then dropped, because of
staff changes, but was revived again as part of the series. The program includes making
old fashioned decorations, decorating the tree, holiday crafis, caroling, and storytelling
with a historical society volunteer talking about growing up in Eden Prairie, horse drawn
carriage or sleigh rides, refteshments and other activities.
The Manager of Recreation Services, Laurie Obiazor, presented the ideas to the historical
society and enlisted their support and their help to volunteer at the various events.
10 16
3. OutlineJimdingplan for the project inchding: donations, grants, or public -
private finding source. .
The overall funding plan is to meet the subsidy levels set by the City Council and to
include a 20% administrative fee to help cover overhead costs or coordinator, mailings,
paper, office supplies, facility needs. The subsidy levels are::
HistoricdCultural Programs 75% subsidy
Special events 50% subsidy
Lesson programs 0 % subsidy
Following this policy, staff decides if a program is to have a fee attached to it or if it is to
be funded through donations or grants. Of the twelve programs developed for the J.R.
Cummins Homestead nine had program fees attached to them and 3 were free to the
public. Two programs, the Sunbonnet Day event and the Mommy and Me for Tea have
separate budgets because they are existing programs. The Sunbonnet Day event is a
Historical program and has a subsidy of 75 %. In 2001 the subsidy level was 89%.
Mommy and Me for Tea has a subsidy level of 20%.
For the remaining 10 programs the budget was as follows:
,Revenue:
Program Fees
Total Revenue
Expenditures:
Operating Supplies
Contracted Services
Other Rentals
Transportation
Total Expenditures
$2,323.00
$2,323.00
$ 551.41
$2,950.00
$ 92.00
$ 83.85
$3,908.26 before administrative fee
$4,689.91 administrative fee 0~20%
Balance:
-$1,585.26 before administrative fee
-$2,366.91 with administrative fee
Overall Subsidy: 4 1 % before administrative fee
50% with administrative fee
Donations received this year included volunteer hours that were given. These hours
made it possible to offer the programs. Approximately 272 hours were given by
individuals in the community. Based on minimum wage this is a value of $1,400.80.
Additional donations include: decorations by Added Flair, value of $8 1.85, door prize
gift basket, value of $55.00, Table Linens, value of $133.15, For a total value of
$1,670.80.
17
4. Explain the bel of collaboration involved and with whom,
The level of collaboration varied with each program. The Eden Prairie Historical Society
overdl endorsed all of the programs and provided volunteers at many of the programs.
January - Preserving Your Precious Photos - This class was to be taught by one of &e
staff whose hobby is archival photo joumaling.
February - Cummins House Valentine’s Dinner - this program was planned by staff and
enlisted two volunteers fkom the community.
March and April - Genealogy classes, planned by staff with a hired instructor
May - Mommy and Me for Tea - planned by staff
June - Antiques in the Garden - this was in collaboration with the Historical Society.
July - A Grand Evening at the CUmmins -planned by st&.
August -New Roads to Old Times - This was a collaboration between staff of the Parks
and Recreation and Community Development Departments who planned the tour and
developed a guide book and the Historical Society. The tour guides were two members
of the historical society and one staff fkom the Community Development Department.
September - Sunbonnet Day- The planning committee consists of staff, community
volunteers and the Historical Society. Numerous volunteers help with the event, and the
Eden Prairie Moms Club was responsible for the concessions which they used as a
fundraiser for their group.
October - Cemetery Walk - Another collaboration with the Historical Society and
Community Theater to provide the stories and the characters of early Eden Prairie
residents. All actors were volunteers.
November - Murder Mystery Dinner - this was in collaboration with the Eden Prairie
Community Theater. A member of the theater wrote the script specifically for the J.R.
Cummins Homestead, and members of the theater acted and served the meal.
December - Staff from Parks and Recreation and Community Development along with
volunteers from the Historical Society work on this event.
5. Community Support: response to or support for the project including attendance,
correspondence, newspaper articles, publicity, proclamations or other examples of
public support:
Approximately 1,918 people attended the first year of J.R.Cumrmns Homestead
programs. The Historical Societyy Eden Prairie Mom’s Clubs, residents, and businesses
support the program by providing concessions, volunteers, overflow pegy shuttle - vans, and resources.
The Eden Prairie News and Sun Current, local newspapers, published not only the news
releases notifying the public of the event but also covered a number of the programs on
the actual date providing pictures of the events in the papers. The Valentines Dinner,
Antiques in .the Garden, Sunbonnet Day, and Cumrmns * Christmas all had pictures of the
event in the newspapers. This spring a follow up article was done in response to the
popular demand of the murder mystery dinners. The article was about the dinners, the
play performed, and the writers who wrote the play specific for the program.
Coverage was also provided in other Metropolitan Newspapers such as the Star &
Tribune eight days out calendar and the Pioneer Press special event listing.
Four local businesses joined in to help with decorations for events, a door prize for one of
the events, over flow parking across the street fkom the house whenever we need the extra
parking space and Southwest Metro Transit provided fkee bus fare for the historical tour.
We also received letters and phone calls fkom the public and attendees in support of and
for thanks in having the programs, especially the Valentines Diner, Climb Your Family
Tree, Murder Mystery dinner, Sun Bonnet Day, and the Cumrmn * s House Christmas
programs.
6. Describe'why theproject is unique or otherwise deserving of an MRPA Award of
Excellence.
Staff was given a challenge by the City Council and department director to come up with
a variety of programs that would focus attention on the J.R. Cummins Homestead. Staff
decided that they wanted to get the attention of all age segments of the community, not
just families. Therefore they looked at programs that focused on different interests and
age groups, besides families. Although three of the programs have been done before, staff
planned nine new programs. The programs were a combination of recreation, historical
interpretation and special events.
The main goal is utilizing this historic home that was unused except for a community
special event once a year and an occasional meeting of the historical society or Heritage
Preservation Commission. Programs had to be tailored to fit the house which is a unique
environment and not the ideal place to program. Through these programs the house was
brought to life, instead of being regarded as a museum.
Although Eden Prairie was settled in the 1850'~~ its development has occurred in the last
twenty years. Most of the residents are new to the community and have little sense of its
history. Through these programs we are trying to instill an appreciation of the history
and a sense of community.
We felt the programs were successful and are now embarked in offering them again in
2002.
7. Ourline the evaluation or review process uiilized throughout the project’s
implementations completion.
Six main methods were used to evaluate each program and the entire overall program.
1.
3. Interview of the participants.
4.
5.
6.
Interviews of the Historical Society members.
, 2. Written evaluation forms for the staff and volunteers.
Quarterly meetings of the J.R. Cummins planning committee.
Wrap up meetings for the individual events/progrm.
Program Ending Report which includes suggested improvements for 2002,
compiled fiom the above mentioned evaluations.
The overall evaluation of the program was that the purpose of the programs was met and
that the public was and is in support of the programs.. A year round calendar of programs
would be planned at the end of each year for the following year. Of those programs some
would change fiom year to year based on the trends and needs of the community and
others would remain as annual events or programs with changes in the activities held
during the program. Plans are in place for 2002 with the addition of another murder
mystery dinner in the spring, a small change with the Grand Evening at the Cummins
House, and additional actors to the Cemetery Walk.
’
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL PUBLIC MEETING
SMOKE -F'REE AIR ORDINANCE
TUESDAY, JUNE 11,2002 7:OO PM, CITY CENTER
Council Chambers
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,
David Luse, and Jan Mosman
CITY STAFF: Judge Allen Klein, City Manager Scott Neal, City Attorney Ric Rosow and
Recorder Carol Pelzel
CALL THE MEETING TO ORDER .
The meeting was called to order, at 7:OQ p.m.
% I.
" . -. _-_
,c
n .- .
.. .. 11. OPENINGREMARKS _- _-
Mayor Tyra-Lukens welcomed the public to this special meeting to hear everyone's
viewpoint on the proposed smoking ordinance. She explained that this forum is not the
only means of communicating to the Council. She explained that they may call, send
letters through the mail or e-mail the Mayor and Council with thek opinions.
City Manager Neal explained that another forum for providing the City with input is
through a community web forum. He said this web site may be accessed through the
City's web page at edenprairie.org. A panelist will be involved in this web site to address
questions regarding this issue. The Council will be provided the information gathered on
this web site. The site will be up and running until June 22.
Judge Allen Klein explained that he is an administrative law judge from the State Office
of Administrative Hearings and will be conducting this evening's meeting. He explained
that this public hearing is to gather evidence on the issue of adopting a smoke-free
ordinance. Judge Klein reviewed the guidelines for tonight's meeting. He also explained
that the City Attorney would be addressing a question the Council has previously raised
on this issue. Judge Klein stated that the purpose for this meeting is to hear fiom the
citizens regarding the proposed smoke-fiee ordinance and the Council will be making no
presentation this evening. !i
4
City Attorney Rosow explained that at a prior meeting the Council did ask if this matter
could be placed before the voters of Eden Prairie. Various members of the City Council
did talk about having a referendum or advisory election. Rosow reported that under State
law they are not authorized to hold a special election, an advisory election or referendum
on matters that are not specifically authorized under State law. The Council has no power
I
cITYcomclLh~
June 11,2002
Page 2
111.
to expend public monies for a special election or advisory election unless a specific law
authorizes such an election. The decision in this case rests entirely with the City Council
upon receiving the kind of public input they will be receiving this evening.
Councilmember Butcher asked how Duluth was able to hold such an election. Rosow
responded that he believes Duluth is a Charter City. It is governed by a Charter that may
allow special elections. Eden Prairie does not have that authority.
With regard to the personal rights issue, Luse asked what the mechanisms are to allow
this City Council to have the public voice their opinion in this decision if they cannot
hold an election. Rosow responded that it is tonight’s public hearing, telephone calls and
letters. Luse asked if the reason they are not allowed to bring this issue before the
community via an election is because Eden Prairie is a Statutory City and not a Charter
City. Rosow said that was correct.
PUBLIC HEARING
The following spoke for a smoke-free ordinance
Cindy Ellis, 635 Prairie Dive, Clean &r on the Prairie .- Ellis explained that she is in
favor of the smoke-free ordinance because it is the right thing to do. The ordinance is
necessary to protect the health of the people. It is the government’s responsibility to
protect the citizens from unhealthy undertakings. Smoking negatively affects the lives
around us and it is time for the government to intervene. Non-smoking sections in
restaurants do not provide an adequate smoke-free environment.
I 1:
Richard Woellmer, 3847 Huntington, Minnetonka, American Lung Association of
Minnesota - Woellmer spoke on the problems with mitigation and the risk of second-
hand smoke which is very well documented. The separation of smoking and non-smoking
areas does not work due to diffusion of smoke and ventilation systems. With regard to
restaurants losing business if they go smoke-fiee, studies show that there is no affect on
businesses. Fifteen communities were studied before and after the adoption of clean-air
regulations and restaurants showed no change in business. He encouraged the City
Council to eliminate exposure to second-hand smoke in Eden Prairie.
Wilson Bryce, 14418 Fairway Dr. - Bryqe explained that he is in favor of a smoke-free
ordinance. He explained that he is a licFnsed architect and believes there are efficient
ways to accomplish execution of smoke. This could be accomplished by enacting a
specific ordinance that would require specific architectural requirements. This does cost
more money. The time has come when public hygiene and air quality deserves equal
treatment. They must choose between proper ventilation systems or be smoke fiee. No
one should have the right to compromise someone else’s health.
Jill Birnbaum, 669 Nebraska Ave. E, American Heart Association - Birnbaum presented
copies of her testimony and supporting research. She stressed the support of the
American Heart Association of this ordbance. It will have a positive effect on the health
a
CITYcouNmMINUTEs
June 11,2002
Page 3
of the citizens of Eden Prairie. SrnokiTig increases heart disease and the risk for strokes.
Birnbawn explained that second-hand smoke exposure accelerates health issues.
Birnbaum reviewed actions taken by the State with regard to this issue but said she feels
this is a local issue.
Linda Lackard, 7034 Cambridge Lane, Shakopee - Lackard said she is in support of a
strong smoke-free ordinance. She lives about ten minutes from Eden Prairie and has two
children. Because of her family’s healthy, they have decided on zero tolerance for
second-hand smoke. When Eden Prairie passes this ordinance she will bring more of her
business to this City.
Beth Baker, 13297 Cardinal Creek Road, Minnesota Medical Association - Baker said
she encourages the City Council to pass a smoke-fiee ordinance to protect people from
second-hand smoke. Lung cancer is caused by excessive second-hand smoke exposure.
Baker distributed a handout supporting estimates of health issues affecting children
caused by second-hand smoke. Baker said she does not think restaurant owners realize
that they are losing business from second-hand smoke. She explained that smoke-free
ordinances do work. By making smoking less accessible, they will be creating a climate
to support smokers that are trying to quit..
Jill Ness, 1926 Aldrich Ave. S, Minneapolis, Hennepin County Community Health
Department - Ness explained that she is a representative from the Hennepin County
Community Health Department Youth.Tobacco Prevention Use. Ness spoke in favor of a
strong smoke-fi-ee work environment. Smoking is the leading cause of preventable deaths
and second-hand smoke is the second lea,ding cause. These issues can be addressed with a
strong ordinance that will provide for a strong and healthy community.
Wanda Chomilo, 9952 Lawson Lane - Chomilo said she has two concerns, the first is the
effect of second-hand smoke on everyone and especially children. Her second concern is
the effect of second-hand smoke on the employees of the restaurants. Small children and
unborn babies are most affected by second-hand smoke. This also affects the employee’s
health care dollars. Chomilo said if this ordinance is passed, she feels the people in the
comunity will be healthier.
Vicki Pellair Price - 16893 Bainbridge Rd. - Pellair Price said she strongly supports a
non-smoking ban. She presented a report her son did for school in 1988 on smoking. She
urged the Council to have a smoke-fiee community.
Michele Hoffstetter, 18260 Croix Wood Lane - Hoffstetter said it is a violation of their
rights to allow smokers in public facilities. The ordinance would be protection for the
non-smokers. Hoffstetter said she supports a smoke-fiee work place. This ordinance will
support the right of non-smokers to not be poisoned by someone else’s choice.
3
cITYCOUNcIL&~
June 11,2002
Page 4
The following spoke against a smoke-free ordinance
Ryan Maltzen, 14327 Fairway Dr., Green Mill Restaurant- Malaen sa the issue here is
to please everyone. However, he sees three different issues with the main issue being
politics. A person’s fieedom of choice will be denied citizens and owners of businesses
on how to run their business. Another issue is economics. One of the main things affected
will be the impact on repeat business if smokers are driven away. Maltzen said he does
understand the health risk, however, there are many people in the area that do not know
about this issue. They need to let people know about both sides of the issue. Maltzen said
he has 450 signatures of people who said they would go to surrounding establishments in
surrounding communities should Eden Prairie pass a smoke-fiee ordinance. Eden Prairie
should not be used as a stepping stone to pass an ordinance that should be adopted state-
wide.
Tim Schallberg, 4240 W. 124th St., Savage - Schallberg explained that he is a patron of
Eden Prairie’s restaurants on an average of three days a week. He explained that if this
ordinance is enacted he may not patronize Eden Prairie businesses but may move on
more quickly to other communities or avoid Eden Prairie establishments all together. The
ban may also result in more intoxicated drivers because they will go to more house
parties and not be in a controlled environment. A community cannot exist without an
economic viability. Schallberg said they need to let the fiee market determine where the
balance lies. He asked where the health debate will end. Perhaps the next thing will be to
ban diesel fuel or fried foods.
Greg Olson, 7373 Ann Court - Olson said he is speaking in opposition to this proposed
ordinance but does recognize that something should be done about the presence of
second-hand smoke. He asked that the City Council find a better way of including
businesses in solving this issue. Businesses in this community provide half of the tax
base. This issue does impact the health and livelihood of those businesses and employees.
Second-hand smoke is a problem and many of them are interested in finding a solution
that is fair to all sides. Olson said he believes this is a great opportunity to show other
communities and other businesses that all stakeholders in this community work together
to resolve issues. Olson asked that the Council try to determine what is fair for both sides
and what is workable. He asked that they consider not only the immediate interests of the
public but the businesses in the community as well.
Bette Anderson, 7336 Topview Road - Anderson explained that she has waited 38 years
for wonderful restaurants to come to this community. She is not a fan of smoking but she
can choose to sit in a smoke-fiee area. Anderson said she feels it is unfair to the
businesses if they pass this ordinance. She pointed out that they live in a different world
now and they have different choices.
Michael Anderson, 1556 Sherwood Rd., Shoreview, Owner Green Mill Restaurant -
Anderson explained that as a business owner he knows the restaurant business better than
anyone else. If this smoking ban is enacted, some restaurants and bars will lose business.
CITYCOUNClLblINcTTEs
June 11,2002
Page 5
Duluth is not smoke-fi-ee as it has been claimed to be. Restaurantshars lost money in
their late night hours. The income tax sales for these bars have not been compromised. It
has gone fiom casual dining to bars. Anderson explained that there is a restaurant like his
six miles up the road. If this ordinance passes, he will lose 15 percent of sales. Late night
sales will encompass a loss of $90,000 per year. Anderson pointed out that he employs 75
people in the community. Case asked where Anderson got the 15 percent number.
Anderson responded that he did receive that information fiom an owner of a restaurant.
Duluth is not a smoke-fiee community, smoking is allowed in bars.
Luse asked where they could gather the information Mr. Anderson is talking about.
Looking at the sales tax, it appears that the Duluth business community was not impacted
by the smoke-flee ordinance. However, Anderson indicates that it has simply shifted
fi-om one business to another. Eden Prairie is different in that they are talking about a
smoking ban and the City has no fleestanding bars. Butcher asked how high the standards
would have to be for a ventilation system to have healthy air. Wilson Bryce, Engineer,
responded that the design would have to be looked at by a mechanical heating and I
ventilating engineer. There are environments in which air quality is controlled, however,
this does mean isolation. Environments would have to adhere to very strict criteria but it
is possible.
Frank Thomas, 9785 Garrison Way - Thomas said he feels there are ways this can be
enforced other than taking the rights away from business owners. Restaurant owners have
invested time and money into their establishments. Thomas said he believes in a
statewide ban. If it is a local ban, people will go to other communities. Also, restaurant
owners have more of an investment than bar owners. Thomas stated that he appreciates
and respects the right to have clean air but he also respects the business owner and they
should be given the opportunity to run their business as they see fit.
Robert Glen, 5023 Lincoln Lane, Edina, Champps Restaurant - Glen explained that he
was in the California area when they did the statewide smoking ban. He said this should
be a statewide ban that would put them all on the same playing field. Glen said he
believes he will lose 10 percent of his business-that will go to other establishments. If he
does lose 10 percent of his business he.wil1 survive. However, he will also have to cut 10
percent of his employees. Glen asked if the City will help those people that will lose their
jobs.
Maggie Melby, 12806 43'd St., St. Michael, Hops Avado Brands - Melby said she has
received a lot of information this evening and does understand the negative affects to the
businesses. They need to get more information and data so that they can better educate
everyone. She asked if there are any options to the ban. One option would be to look at a
more intense ventilating system as previously discussed. Melby said some businesses
would be willing to spend all of the money necessary to make their ventilating system
more efficient so they can keep people in their establishments. Melby also suggested
looking at time restraints. She indicated that she does not allow smoking in her
establishment during lunch. Those restaurants that want to go smoke-fi-ee could and they
5
mcouNcILMlNuTEs
June 11,2002
Page 6
could notify the City so that they would know which establishments are smoke-free and
those that are not. Melby asked that they dl work together.
Gary Chanen, Outback Steakhouse - Chanen explained that he is the managing partner of
the Outback Steakhouse in Eden Prairie. He pointed out that cigarettes are sold at the
Eden Prairie City owned municipal liquor store for $4.70 per pack. Chanen said that as a
business owner he is getting a mixed message in that it is not okay to smoke in his
restaurant but the City can make a profit in selling cigarettes. Also, the City paid $10,000
for a lobbyist to stop grocery stores fiom selling wine. Perhaps they could provide the
restaurant owners with some money to protect their interests. Chanen said he realizes that
alcohol does not affect people as second-hand smoke does. However, drunk drivers do
affect the City. Chanen stated that this ordinance isn’t just about money. The restaurant
owners stand to lose a lot. When Olmstead County adopted a smoke-free ordinance, the
Rochester Outback restaurant’s revenue dropped 1.5%, about $100,000. Chanen said he
is sensitive to the issue of second-hand smoke and he proposes that anyone 17 years old
or younger not be allowed in designated smoking areas. He also suggested that all bars
and restaurants in the City not be allowed to sell cigarettes. The City and restaurants
could also agree on a percentage or number of seats allowed in a smoking area. Chanen
pointed out that they are in the hospitality business and not part ofthe tobacco industry. If
they cannot make it a statewide ban then they need to reach a compromise.
Tola Marts, 9201 LaRiver Court -Marts.said she has examined this issue and has looked
for information on concerns and questions. She questioned how many Eden Prairie
residents have died fiom second-hand smoke. She then asked how those rates would
change should this ordinance pass. Marts explained that she is not opposed to the idea of
the ban but they need to do more research. It is her personal opinion that additional
information is needed prior to adopting such an ordinance.
RECESS
A short recess was called after which the meeting was reconvened at 9:00 p.m.
The following spoke for a smoke-free ordinance
Jean Michaels, 175 1 gth ST. SW, Rochester, Olmsted County - Michaels explained that
she was Chair of the Olmsted County Board when their smoke-free ordinance was
adopted. This presented her with an opportunity to be very well educated on this issue.
She really understands the problems with second-hand smoke health issues. She is also
very concerned about the employees of the restaurants and children affected by second-
hand smoke. Michaels stated that their community had 24 opportunities for public input.
They did receive opposition fiom the hospitality industry. The ban did pass by a 5 to 2
vote. Michaels said they have had no problem with enforcement issues. She explained
that they have approximately 300 non-smoking restaurants. Michaels said it was not an
easy process but has been working well for them.
6
crIYcouNclLMINuTEs
June 11,2002
Page 7
Cathy Meyer, 9427 Clubhouse - Meyer explained that she is the owner of the TLC Cafe
and Catering. She has learned from what her customers want. They have no smoking at
her establishment. It is a small establishment and they do not serve liquor. Meyer said
they listened to their customers. They did lose one regular customer when they became a
non-smoking establishment. Meyer said that by adopting this ordinance they will also
send a message to the kids of the comm~~&~ that smoking is not okay. She said she feels
that people fiom surrounding communities will come to Eden Prairie to be able to go to a
smoke-fiee establishment. Meyer encouraged the Council to not let politics or their
political agenda get in their way.
Fred Nobrega, 1 11 8 Skyline Dr., Rochester - Nobrega said he feels the Council has a
political responsibility to pass this ordinance. Comments have been made regarding a
statewide ban. California started with local communities banning smoking that began the
development of the statewide ordinance. Nobrega said he wanted to reaffirm that there
areonly two methods to deal with second-hand smoke; the first is a proper ventilating
system and second, pass a smoking ban. It has been stated that there would be a 30
percent drop in restaurant revenue. Dozens of studies indicate that that does not take
place. Nobrega stated that fkom a public health point of view it is important to recognize
that government does protect people from other conditions and it is their regulatory duty.
Kurt Nisi, 5201 Blake Road, Edina, Radiation Oncology - Nisi explained that the
majority of his patients are lung cancer patients. Statistics are important and should be
kept in mind. Approximately 3,000 people die per year of lung cancer from second-hand
smoke. Nisi reported that an average of one to two of his patients a year who have lung
cancer had no other risk factors other than being exposed to second-hand smoke. The
only way to reduce this is through prevention. The Council can take an important step in
helping reduce the number of people who die from lung cancer by passing this ordinance.
Restaurant employees and patrons should not be exposed to dangerous chemicals and
cigarette smoke. Nisi said restricting smoking in public places would show smokers that
smoking is a dangerous habit and the ban would be a constant reminder that smoking is
harmful to themselves and to others.
Romelle Jones, 200 Cedar Ave., Moose Lake - Jones said she is the owner of a restaurant
in Moose Lake and that is the first city id the State to pass an ordinance banning smoking.
Jones reported that the no-smoking ordinance has not affected her business in a negative
way. They still receive compliments on how wonderful it is to eat in a smoke-fiee
environment. Jones said they have never had a problem with enforcing the ordinance. She
stated that everyone has a right to clean air.
Pastor Rod Anderson, St. Andrews Church, Eden Prairie - Anderson explained that
smoking is a problem for their church during wedding rehearsals and weddings. The
outside ashtrays are heavily used. The second largest problem for this church are the
funerals. He explained that he is with people who are dying from cancer and many times
the cause is fiom smoking. Anderson said he is here because of the death of the former
Mayor. She had a passion and a cause. Anderson said he feels this community needs to
cITYcomcIL&~s
June 11,2002
Page 8
do this together but someone must do it first. They are talking about lives and it is a
public matter. They are in a unique place at a unique time to make a unique difference.
Anderson encouraged the Council to support the cause of the City’s former Mayor Jean
Harris.
Nancy Arieta, 10785 Valley View - Arieta explained that she lives in a senior coop and
she took an informal poll of the 94 units. A large percentage of the residents are in favor
of having a smoke-fiee Eden Prairie. Tonight’s testimony has shown that people don’t
want government control. Arieta pointed that the government already controls the
cleanliness of the restaurants. It is a necessity and a government thing to do.
The following spoke against a smoke-free ordinance
James Wilson, 9661 Hampshire Lane - Wilson explained that after smoking for 44 years
he has quit and this was a personal decision. He said he feels government should not get
involved in the running of business. Let the business make their own decisions and let
individuals make their on decisions. Wilson said he feels if this ordinance is adopted, it
could lead into other things.
John White, Pickled Parrot Restaurant - White reported that he is ihe founder and partner
of the Pickled Parrot Restaurant in Eden Prairie. He explained that he has spent a lot of
money in the development of the Pickled Parrot and had he known that the City was
considering this ordinance he would not have chosen to build in Eden Prairie. They chose
this site because they feel this is a fine City and they hoped to provide finer dining in the
City. White explained that they would have to give up to 25 percent of potential business
if this ordinance is adopted. He said he finds it interesting that the hotels in this City
would be required to have 75 percent of their rooms non-smoking and 25 percent
smoking. White said he made a contract with the City when he moved here and the City
made a contract with him. He indicated that he feels betrayed and the City will be
changing the rules of the game. White said the business owners deserve the same care
and consideration that the hotels will be given.
Kenn Rocklet, 5 16 Clover Leaf Drive, Golden Valley, BPAM - Rocklet explained that he
is the Executive Director of the Bowling Association. He stated that they have been
discussing restaurants as if they are public places. They are private businesses open to the
public. Rocklet said he feels the decision has already been made. If the Council were
really serious about wanting input they would have done what other cities did in the
State; they would have established a task force. This is a political issue. Rocklet asked
where this was going to end. He said the residents should be allowed to vote with their
feet. They have the choice of not going into the facilities that do allow smoking. Rocklet
asked that the Council think about the people who would lose their jobs and possibly
their livelihood.
Amy Borseth, 1605 E. 86fh St., Bloomington, Outback Restaurant- Borseth explained
that she is a non-smoker and has asthma and she chooses to work in a restaurant that has
CITYCOUN~lllIMJTEs
June 11,2002
Page 9
smoking and non-smoking sections. Borseth said she enjoys working in Eden Prairie and
does not want to have to move to another city because she is unemployed. She stated that
she does most of her business in Eden Prairie because she works in that city and if she
were employed in another city she would not do her business here. Borseth pointed out
that the employees make the choice of where they work and if they felt smoking was a
risk to their health they would choose to work at another establishment. Borseth said
smoking needs to be banned at the state level and not the local level.
Caryl Hansen, 10200 Hilltop Road - Hansen stated that she has lived in Eden Prairie for
36 years and does not smoke and finds it offensive. However, she does not agree that
smoking should be outlawed in restaurants. The majority of people in this City are above
average intelligence and they can make their own choices. Hansen indicated that people
have stated that the Council needs to protect its citizens but what about loud music.
People should then also be protected fi-om hearing loss. Hansen said it was an insult to
her intelligence that she does not know enough to avoid places that are not healthy for
her.
Camille Crespo, 8590 Magnolia - Crespo asked if the smoking ban is passed would the
City discontinue selling cigarettes in their liquor stores. She indicated that she purchased
three packs of cigarettes in Eden Prairie today and the City store was the most expensive.
Crespo said she is a firm believer of the American way and they should have the right to
do what is right and what they want to do. Crespo said she feels the smoking ban would
hurt the community.
EXTEND MEETING TIME
MOTION: Butcher moved, seconded by Luse, to extend the public hearing time to
accommodate all of the speakers. The motion carried, 5-0.
The following spoke against a smoke-free ordinance
Michael Rush stated that he felt the City Council is not holding a public hearing but
rather they have been treated with an unbelievable presentation fi-om professionals
enforcing this issue. This whole evening has been the issue of smokers’ rights versus
non-smokers’ rights. This is a clear case where one group is trying to press their will on
another group. Rush said it has been stated that smoking is dangerous, we know that. The
question is who is going to make the decision as to whether or not an environment is
allowed to have smoke or an individual is allowed to go into that environment. Rush
explained that the people can vote with their feet. This has nothing to do with rights of
one person or another. Either the City will get involved or it will let the marketplace take
care of it. Rush encouraged the Council to exmine the community in which they live.
This is a conservative town.
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CITYCOUNcILa~~S
June 11,2002
Page 10
The following spoke for a smoke-free ordinance
Marie Herman, 7260 Steward Dr. - Herman explained that hers is an emotional appeal.
She has had four family members pass away fiom cancer. Ifthis ban can prevent one
person from one family fi-om suffering from losing a family member or fiend it should
be adopted.
Deb Lillegard, 14384 Westridge Dr. - Lillegard said she is a cancer survivor and works
in health care with cancer patients. Eden Prairie is a safe and growing community and she
believes it is the duty of the citizens to keep our community safe. Lillegard indicated that
it is important to realize the dangers of second-hand smoke. She strongly urged the City
of Eden Prairie to hear the majority of the voices of the community asking for a healthy
environment.
Chris Tholkes, 804 Concorida Ave., St. Paul, American Lung Association of MN -
Tholkes encouraged the Council to pass some significant restrictions on smoking in Eden
Prairie work sites. Second-hand smoke is a serious public health problem.
Stacy Pearson, 13222 Buch Lane - Pearson explained that she did work in a smoking
restaurant and did notice that her health decreased. As a restaurant worker, she did not
have the choice to stay in a smoking or non-smoking section. With regard to ventilation,
Pearson pointed out that it would take 100 square feet of building 'area per smoker to
dilute the air enough. Pearson presented to the Council statistics regarding ventilation
systems. Pearson said she would like to see this ban enacted in Eden Prairie.
Kathy Iverson, 5410 York Ave., Edina, Hennepin County Prevention Coalition and
Hennepin Medical Society Alliance - Iverson pointed out that many deaths occur each
year from second-hand smoke. She asked the Council to make an immediate effort to
eliminate exposure to second-hand smoke. They need to protect the health of the people
that work in the establishments.
John Graham, 322 W. St. Louis River Road, Cloquet - Graham explained that he owns
an auto repair shop and golf range in Cloquet. Cloquet does have a smoke-free ordinance
and they have not experienced any negative effects from this ban. Graham pointed out
that tobacco does not control Cloquet's economy.
Renee Whisnant, 9 109 Terra Verde Trail - Whisnant stated that tobacco smoke is
poisonous and she questioned why they are letting people poison their air. Each year
65,000 people die because of second-hand smoke. As a community, they have an
obligation to prevent this deadly exposure. This will also give the smokers in the
community the support to quit smoking.
JoAnn Wroblewski, 9060 Cedar Forest Road - Wroblewski said she works in a smoke
fiee worblace and everyone loves it. This is a great opportunity and the City could
market it. Ifthis smoking ban is adopted Eden Prairie would be the place to be.
I
CITYCOUNCIL~S
June 11,2002
Page 11
Wroblewski said she My supports adoption of this ordinance and encourages the
Council to do the same.
Peggy Aguilar, 10108 Mead Lane - Aguilar indicated that she is in support of the smoke-
free ordinance primarily because of the health issues. She truly believes this is something
she can do to prevent her chances of getting lung cancer and stated that her family
supports this issue as well.
Leslie Ellis,10860 Forestview Circle, - Ellis stated that he is involved in the organization
Clean Air on the Prairie. They have heard many arguments both for and against the
proposed non-smoking ordinance but the fact remains that second-hand tobacco smoke is
hazardous to our health. Ellis pointed out that poison toxic materials in tobacco smoke
shows up in blood streams of non-smokers in the work place. It has been suggested by
the restaurant industry that we should reach a compromise and that restaurants should be
allowed to enclose a smoking area for smoking customers. Ellis explained that research
has shown that ventilation required to remove nicotine concentration would result in an
air velocity rate of a tornado. Ellis said they must take drastic measures now to help rid
the City’s public places and work places of tobacco smoke. If they don’t act now then our
children and their children will pay the price with health and dollars for years to come.
Paul Wilson, 1204 5th St., Rochester - Wilson stated that he wanted to respond to two
issues. The first is the issue of a referendum. Counties cannot have referendums and the
City of Rochester did not vote 7-0 against a smoking ban and they did not table a city
smoking ban. They did nothing, they did not act. Under State statute, county boards
basically serve as the Board of Health within their jurisdiction. Wilson said he feels it is
not a stretch for any government body to look at safety concerns or issues and it is not at
all improper to investigate a no-smoking ordinance. This is a decision this Council will
have to make and it is not an easy decision. This is not an issue of your right to smoke, it
is a responsibility. The issue is responsibility and how we as a society will handle second-
hand smoke.
Pete Dehnel, 6700 Cornelia Dr. - Dehnel strongly encouraged the.Counci1 to adopt the
proposed ordinance and to take the opportunity now to help save the lives of people who
live or work in Eden Prairie. This ordinance is the most effective way to protect non-
smokers in the community. The Council is in a position of leadership and this is a
wonderful opportunity to impact the health of the residents.
Steve O’Neal, 228 S. lgth Ave., Duluth - O’Neal said he appreciates the process the
Council has developed in considering this Ordinance. He wanted to clear up some
misstatements regarding Duluth’s process. There was only one referendum and two
ordinances passed. After the second ordinance was passed opposition did collect
signatures. Two questions were placed on the ballot and both passed by over 61%.
O’Neal said with respect to restaurants closing because of the smoking ban, since the
original ordinance and referendum passed they have had several new restaurants open.
An ordinance was passed that allows badrestaurants to stay open until 3:OO am. They are
31
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CITYCOUNCIL~~S
June 11,2002
Page 12
constantly in competition with their sister city in Superior.
Chelsea Anderson, 9309 Cedar Forest Road - Chelsea said she looks forward to the
possible impact of this ordinance. They will be enhancing the lives of the people in the
community and they appreciate the efforts the people have taken to make work places
smoke-fiee.
Karen Nordstrom, 9123 Forest Hills Circle, Bloomington - Karen pointed out that
surrounding communities have adopted policies making parks smoke-fiee. She feels that
should Eden Prairie adopt this ordinance Bloomington will be following. Karen said she
appreciates the efforts of the City of Eden Prairie.
Ann Deshler, 6621 Galway Drive - Deshler explained that she is an oncology nurse and
stated that a lot of people have no clue of the effects of second-hand smoke. It is clearly a
health issue. Deshler said she and her family have made the choice to discontinue
patronizing establishments that allow smoking. She asked that the Council adopt the
proposed ordinance.
V. ADJOURNMENT
The meeting was adjourned at 10:55 p.m.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP
TUESDAY, JUNE 18,2002 7:OO PM, CITY CENTER
Heritage Room IT
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,
David Luse and Jan Mosman
CITY STm: City Manager Scott Neal, Parks & Recreation Services Director Bob Lambert,
Public Works Services Director Eugene Dietz, Community Development and Financial Services
Director Don Uram, and Recorder Peggy Rasmussen
I. ROLL CALLKALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 5:45 p.m. Councilmember Sherry
Butcher was absent.
11. APPROVAL OF AGENDA
MOTION: Mosman moved, seconded by Luse, to approve the agenda as published.
Motion carried 4-0.
111. PRELIMINARY BUDGET DISCUSSION
Tyra-Lukens reported that Financial Services had received the Distinguished Budget
Presentation Award fiom Government Financial Operations (GFO). The award will be
presented to the City at a fbture City Council meeting. Tyra-Lukens congratulated Uram
on obtaining this award for the City.
A. Presentation of 2003 Financial Plan
. Uram made a presentation on the 2003 Financial Plan. He reviewed the budget
process, budget objectives and financial results fiom 2001.
During the first year in the biennial budget process, the 2002/03 Budget and the
2002/08 CIP was developed and adopted. During the second year, the 2003
Budget will be formally adopted. Advantages of a biennial budget are that
Strategic Planning is done in alternate years, the City develops a longer-tern
perspective, financial planning is improved, the budget process is streamlined,
and it allows time to focus on other areas in the second year.
Uram said limitations of a biennial budget are that revenues and expenditures are
uncertain, budget decisions could become outdated and economic conditions
could change. Facing uncertain revenues is probably the one that is the biggest
problem. The Governor's proposal would have reduced tax revenues by
approximately $1.2 million if it had become law. The City receives
approximately 70 percent of its revenue fiom tax receipts, so property values and
office vacancies affect the City's revenues. Building permits this year still exceed
33
COUNCIL WORKSHOP MINUTES
June 18,2002
Page 2
the past several years in terms of the number and value, which shows the housing
market is extremely strong, whereas office and commercial markets are weak.
One of the Council goals for the year would be to review and update the Strategic
Plan and look at what has been accomplished. Business relationships are being
developed, centering on the use of technology and a Web site partnership.
One of the Budget Objectives is to review and amend the 2003 budget. Another
is to comply with tax legislation. The City will need to set levy limits again this
year. In 2001, the City levied to the maximum of 12 percent. This year it is
looking at a cap of six- to eight percent. The budget was developed at six percent.
The Capital Improvement Program (CIP) includes a transfer each year of
$500,000 from the General Fund and $700,000 in net liquor store sales fkom the
Enterprise Fund. Of that amount, less than $30,000 is fiom the sale of cigarettes.
Within the General Fund, the City plans to maintain an undesignated fbnd balance
equal to 40 percent of budgeted expenditures. Uram said this figure was arrived
at by comparing Eden Prairie to other similar communities. The Revenue
Stabilization Fund includes funds transferred from ' building permit and
development revenue that is above the budgeted figures, and is reserved to offset
hture operations. The long-term model for the CIP shows the transfer from
liquor sales will fund $2.5 million in projects through 2012. Long-term debt will
be confined to capital improvements or projects that cannot be financed from
current revenues. Uram said the City ties to use debt to its advantage, such as the
cost of the joint public training facility, police and fire equipment, etc.
A review of the financial performance in 2001 showed revenue of $27,822,860,
expenditures of $25,862,763, and a surplus of $1,960,097. The surplus occurred
because of positive budget performance. Conservative budgeting included five-
percent tax abatement, accelerated building permit and development fee
collections, investment income and delayed expenditures. Uram said interest
rates are at 50-year lows. The City bought CDs that paid two percent more than
other securities, and maintained more in cash reserves than in the past. He took
advantage of the tax increase by refinancing the City Center and the second ice
sheet at the Community Center.
Uram said Critical Issues regarding personnel include the rising cost of health
insurance. The 2003 budget will reflect an increase in health care costs of
$265,000. This is a substantial increase over the past years, and costs are not
expected to go down. There will be double-digit increases for the foreseeable
future, which will have a major impact on the budget.
Opportunities include the business partnership for technology. The City is behind
in moving toward a G.I.S. system but it will be done as soon as possible. The
City has been conservative in the use of debt. Leasing revenue bonds, backed by
revenue generated by the City, goes toward funding debt. Special assessment
debt is primarily used for the City's izlfkastructure. Transportation funding is also
a major issue. Contingent expenditures are primarily for the Flying Cloud Airport
3 4
COUNCIL WORKSHOP MINUTES
June 18,2002
Page 3
expansion. Uram said CIP challenges include the transfer of $500,000 fi-om the
General Fund to the CP. This is the critical piece.
Following is the Budget Schedule:
0 June18 Budget Workshop
Aug20 Budget Workshop
Sept2 Preliminary levy adopted
0 Nov/Dec Truth in Taxation hearing
0 Dec 17 Adopt biennial budget/CP
Dec27 Certify Levy
B. Discussion
Luse asked what process the City uses to make decisions about health insurance
costs. Uram replied the City has a Health and Benefit Committee as well as a
consultant who advises them. Staff has looked at every option available. The
City’s schedule for renewing health insurance runs fi-om mid-year to mid-year
rather the calendar year’ which allows the City to negotiate better rates. Luse
stated the City has to be protective of that benefit for employees. The next five-
to ten years will see a tight labor market and it is important to keep the morale of
employees positive. Neal agreed it is an important benefit for employees. The
City doesn’t want to jump kom one insurance plan to another because of how that
affects employees.
Case said school employees expect that within five- to six years their salary
increases will go to cover the increased cost of health insurance. He expected
City employees will be facing the same issue. Case pointed out that, as
employees become older, health insurance would become more expensive.
Luse urged them to do everything they can not to take the increases off
employees’ salaries. Uram replied the City is a service industry so most of its
budget is wages and benefits. The City needs to make sure it treats employees as
fairly as possible, but also look at what this is costing the City’s taxpayers. It has
to look at fiscal responsibility, as well as the matter of being fair and getting the
best benefits.
Mosman referenced a management letter sent to councilmembers. She asked why
property taxes are going up if property values are going down and if that included
businesses as well as homes. Uram replied property taxes went up because the
City levied more taxes. Property tax is a tied directly to what the City levies.
When City expenditures go up the tax levy goes up, which includes all property.
Uram stated the City’s only sources of revenue are from property taxes, building
permits and development fees. As the overall budget goes up, there is no way for
the City to get more revenue, so it has to increase property taxes.
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COUNCIL, WORKSHOP Ml[NuTES
June 18,2002
Page 4
Mosman said the management letter indicates a large &crease in expenses for
Public Safety last year. Uram said the increase was for a new computer system.
Mosman asked about the increase in legal expenses last year. Uram responded
that the airport legal expenditures were over budget.
Dietz explained stonn drainage expenditures were over budget due to pond
maintenance. By the end of this year he expects to have an item in the CIP for
maintenance. The different kinds of water bodies in Eden Prairie will be
prioritized this year, with Round Lake and all its tributaries having a high priority
in order to keep phosphorous out of the lake.
Dietz said to remember when going through the Strategic Planning process that
there will always be a demand for single-family housing, and emphasized the
importance of maintaining the City’s parks.
Case said the Senior Issues Task Force found that substantially fewer single-
family homes will be needed in the near future. He pointed out the necessity of
retaining the City’s high quality of life to attract more people who want single-
family homes, and to keep up the value of homes. One way for the City to show
this would be to join with the School Board in making a statement that we value
the quality of life in Eden Prairie.
Dietz said the City has to decide whether housing inspections will be required at
point of sale. That would put an emphasis on keeping up houses.
IV. OTHER BUSINESS
Tyra-Lukens inquired if a joint meeting with the School Board has been set up. Neal said
he has talked to Melissa Krull, Acting School Superintendent, who suggested either
Friday, August 16 or Tuesday, August 20.
Tyra-Lukens asked Case if he thought there should be another Senior Issues Task Force
to revisit the same issues as before. Case said he believed there was a need to do that.
The task force could consider where Eden Prairie is going to be in 2015 and if it is on
track to get there. This would help the City with its Strategic Planning.
V. ADJOURNMENT
MOTION: Case moved to adjoum the meeting. Mayor Tyra-Lukens adjourned the
meeting at 6:45 p.m.
4
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 18,2002 7:OO PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,
David Luse and Jan Mosman
CITY STAFF: City Manager Scott Neal, Parks & Recreation Services Director Bob Lambert,
Public Works Services Director Eugene Dietz, Community Development and Financial Services
Director Don Uram, City Planner Michael Franzen, City Attorney Roger Pauly and Council
Recorder Theresa Brundage
I. ROLL CALL / CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:OO p.m. All members were present.
11. PLEDGE OF ALLEGIANCE
111. COUNCIL FORUM INVITATION
Mayor Tyra-Lukens said the Council Forum will be held the first and third Tuesday of the
month from 6:30 - 7:OO p.m. in the Council Chamber. Please note that this portion of the
meeting is off-camera. The Council'Forum will consist of two parts: scheduled and
unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you
wish to schedule time to visit with the City Council and Service Area Directors, please
notiq the City Manager's office (at 952-949-8412) by noon of the meeting date with your
request. The last 10 minutes of the Forum, from 6:50 to 7:OO p.m. is set aside for
impromptu, unscheduled appearances by individuals or organizations that wish to speak
the Council.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
City Manager Scott Neal said Staff requests moving discussion on smoke-free air
ordinance (item XIII.A.l.) to last item on the agenda so that the two items following it may
be heard first. The agenda would therefore be amended to reflect item XIII.A.l.
DISCUSSION ON SMOKE-FREE AIR ORDINANCE to follow item XII1.D.
REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES
DIRECTOR.
MOTION: Butcher moved, seconded by Mosman, to approve the Agenda as published
and amended. Motion carried 5-0.
V. MINUTES
A. CITY COUNCIL MEETING, TUESDAY, MAY 21,2002
I
CITYCOUNCILMEETING
June 18,2002
Page 2
MOTION: Mosman moved, seconded by Butcher, to approve as published, the
Minutes of the City Council Meeting held May 21,2002, Motion carried 5-0.
B. CITY COUNCIL FORUM, TUESDAY, JUNE 4,2002
MOTION: Case moved, seconded by Luse, to approve as published, the Minutes
of the City Council Forum held June 4,2002. Motion carried 4-0, Butcher
abstained.
C. CITY COUNCIL MEETING, TUESDAY, JUNE 4,2002
Case said on Page 4, the last sentence of paragraph 6 should be amended and a
sentence added as follows: “He noted there are people out there who would like to
not have the airport expand. Be that as it may, there are additional regional and
statewide issues in which the Council may or may not want to be involved.”
MOTION: Case moved, seconded by Luse, to approve as published and amended,
the Minutes of the City Council Meeting held June 4,2002. Motion carried 4-0,
Butcher abstained.
VI. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. STONEGATE by Carlston Inc. 2nd Reading for Planned Unit Development
District Review with waivers on 28.82 acres and Zoning District Change from
Rural to R1-13.5 on 26.62 acres. Location: South of Pioneer Trail west of Stable
Path (Ordinance No. 16-2002-PUD-11-2002 for PUD District Review and
Zoning District Change)
C. HENNEPIN COUNTY LIBRARY by Hennepin County. 2nd Reading for
Planned Unit Development District Review on 6.12 acres, Zoning District
Amendment within Commercial Regional Service Zoning District on 6.12 acres,
and Site Plan Review on 6.12 acres. Location: 565 Prairie Center Drive
(Ordinance NO. 18-2002-PUD-13-2002 for PUD District Review and Zoning
District Amendment, and Resolution No. 2002-110 for Site Plan Review)
D. ADOPT RESOLUTION NO. 2002-111 APPROVING FINAL PLAT OF
OAKPARKE ESTATES 5TH ADDITION
E. ADOPT RESOLUTION NO. 2002-112 APPROVING FINAL PLAT OF
PRAIRIE MEDICAL CENTER
F. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR
ADDITIONAL SERVICES FOR THE CSAH 4NALLEY VIEW ROAD
PROJECT, I.C. 96-5405
a
CITYCOUNCILMEXTING
June 18,2002
Page 3
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Q*
APPROVE EXCEL ENERGY CONSTRUCTION CONTRACT FOR
INSTALLATION OF STREET LIGHTS ALONG PORTIONS OF PRAZRIE
CENTER DRIVE AND TECHNOLOGY DRIVE, I.C. 95-5385
APPROVE INSTALLATION OF AN AERATION SYSTEM WIT= THE
CONSERVATION EASEMENT FOR SHADY OAK ESTATES
ADOPT RESOLUTION NO. 2002-113 AUTHORIZING THE SECOND
AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT
RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS
APPROVE CHANGE ORDER FOR REMOVAL AND DISPOSAL OF
ABOVEGROUND IMPROVEMENTS AT THE OLD POLICE STATION
AWARD CONTRACT TO GREAT DANE/KOLSTAD FOR THE
PURCHASE OF A NEW EMERGENCY RESPONSE UNIT VEHICLE
ADOPT RESOLUTION NO. 2002-114 AUTHORIZING EXECUTION OF
THE 2003 JOINT COOPERATION AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STS
AT BEARPATH
CONSULTANTS LTD. FOR 2002/2003 BOG-MONITORING PROGRAM
APPROVE SALE OF A 1978 SUTPHEN AERIAL PLATFORM TRUCK TO
THE CITY OF MINNETONKA
AUTHORIZE ONE-YEAR LEASE EXTENSION WITH PRAIREVIEW
RETAIL LLC, FOR LIQUOR STORE AT PRAIRIE VIEW MALL
fRAINBOW)
AWARD BID FOR PURCHASE AND REMOVAL OF HOUSE AT 18700
FLYING CLOUD DRIVE
AWARD THE CONTRACT FOR 2002 PARTIAL REROOFING AT EDEN
PRAIRIE COMMUNITY CENTER TO JOHN A. DALSIN & SONS, INC.
MOTION: Luse moved, seconded by Butcher, to approve Items A-Q of the
Consent Calendar. Motion carried 5-0.
VII. PUBLIC HEARINGS / MEETINGS
A. GUIDE PLAN UPDATE - AIRPORT ELEMENT by the City of Eden Prairie.
Request for approval of the Aviation Goals, Chapter 2 and Airport Element,
Chapter 6, to be included as part of the approved Guide Plan Update. (Resolution
for Adopting Airport Element of the Comprehensive Guide Plan Update)
(Continued from June 4,2002)
3 39
CITYCOUNCILMEETING
June 18,2002
Page 4
City Manager Neal requested this item be moved to the July 2,2002 meeting to
allow the City additional time to meet with MC and the FAA to resolve final
differences and reach a final agreement.
Case noted it’s not a question of will there be an agreement or not, it’s a question of
the final five percent and working out final kinks and whether we can get the FAA
to buy into one aspect of it. He said he believes it’s going to work, best as he can
tell, with a complete package by the first meeting in July.
Neal said it’s fair to represent that the City and MAC have reached an agreement,
in principle, on all of the items under discussion and we are really presenting these
final items to the FAA.
Luse asked when the public will have access to the information.
Neal said Staff has been working for some time on a public information piece that
is a cross between a brochure and newsletter that will be sent out to all Eden Prairie
residents once final agreement is reached and approved by the Council.
Case noted that the Memorandum of Understanding is public and available now.
MOTION: Case moved, seconded by Mosman, to continue the public hearing until
July 2,2002. Motion carried 5-0.
B. SMITH DOUGLAS MORE HOUSE CONDITIONAL USE PERMIT by Dunn
Brothers Coffee and City of Eden Prairie. Request for Planned Unit Development
Concept Review on 1.7 acres, Planned Unit Development District Review with
waivers on 1.7 acres, Zoning District Amendment within the Rural Zoning District
on 1.7 acres, Site Plan Review on 1.7 acres, Conditional Use Permit, Heritage
Preservation Site Alteration Permit. Location: 8107 Eden Prairie Road.
(Resolution 2002-116 for PUD Concept Review and Ordinance for PUD
District Review and Zoning District Amendment)
Neal said official notice of this public hearing was published in the June 6,2002,
Eden Prairie News and sent to 85 property owners. He fwther stated that City
Planner Mike Franzen is present and available to answer questions as well as
representatives from the architects handling the project.
Robert Mack of McDonald and Mack Architects gave a presentation of the
proposal that included drawings of the parking areas and addition and renovations
to the historic building.
Mosman asked if the outbuilding would be staying. Mack said although not in
wonderfid condition, it is stable and can be used for something such as additional
storage. He said because of the building’s features, it does have historic value, so
the intent would be to keep it.
4
CITYcOuNmRmmG
June 18,2002
Page 5
Mosman asked if architects thought about a comection between the old railroad
bed at the back of the site and the existing bike trail along County Road 4. Mack
said architects are aware of it and would encourage development of it when
possible, but are unsure as to how it would happen as far as the adjacent
landowners.
Mack further stated there are two aspects to the construction part of this - the first
being funded by the City and referred to as the “wann lit shell.” He said the second
part is known as “tenant improvement” to meet the needs of Dunn Brothers Coffee.
He said both aspects of construction are being done under a single general contract
in hopes that it becomes less expensive to both and facilitates construction. He said
if there is a link to the bicycle trail, it would probably be a future “tenant
improvement.”
Butcher said she is excited about the project and it’s a best possible use for an
historic building when looking for an adaptive reuse. She appreciates the
sensitivity in handling of the historic building under the direction of the HPC.
Mack said credit should be given to both the HPC and also the City’s building code
administrator who has been extremely helpful as far as making sure to meet the
spirit of the code and still protect the resource.
Butcher asked how or if the building could be used or rented for public use.
Chris Eilers, president of Dun Brothers Coffee, said this is the third historic
preservation property that Dm Brothers has modified into a coffee shop with
importance placed on historic integrity of the inside as well as the outside. He said
as far as making it available for other uses, it’s a difficult question to answer until
he actually sees how the project unfolds, but he realizes it’s an integral part of the
community so it’s in their best interest, if possible, to make it available without
interfering with the practical business aspect. He said ultimately, their goal is to
make it successful economically.
Case said he wants to echo what Butcher said and noted there are three Council
members who came off the HPC and rarely has a plan and dream such as this come
to hition. He said it’s wonderful the public can come and see the historic building
and enjoy the coffee shop.
Mosman said she recently spoke to the City historian and considering how hard it is
to think of enough productive uses for historic properties, one of the things is that
the public does now have access to this property.
There were no comments from the audience.
MOTION: Butcher moved, seconded by Mosman, to
Close the Public Hearing; and
Adopt the Resolution for Planned Unit Development Concept Review on 1.7
acres; and
5
CITYCOUNCILREEXTING
Jime 18,2002
Page 6
Approve lSt Reading of the Ordinance for Planned Unit Development District
Review with waivers, and Zoning District Amendment within the Rural Zoning
District on 1.7 acres; and
Approve the Conditional Use Permit for the Smith Douglas More House; and
0 Approve the Heritage Preservation Site Alteration Permit.
Luse asked Franzen if Dunn Brothers was going to be the focal point in signage for
the property. Franzen said the plan that was approved went to the Planning Board
and the HPC and the extent of discussion was a question about the size of the sign
which was found to be compatible with the building architecture.
Motion carried 5-0.
VIII. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Mosman, to approve Payment of Claims as
submitted. The motion was approved on a roll call vote with Butcher, Case, Luse,
Mosman, and Tyra-Lukens voting “aye.”
The following item was heard out of order.
XIII. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
1. Birch Island Woods Task Force Report
Parks and Recreation Services Director Bob Lambert introduced Stuart Fox,
Manager of Parks and Natural Resources, who said there were 12 members
of this task force who met five times and developed a report that resulted in
two separate motions tonight. He said the general consensus of the task
force was to retain the natural character of the site, see minimal
development, inform visitors to the site of special things going on there, and
have a plan for natural resource development. He said as a result of the site
analysis, the task force identified special amenities such as wetlands,
wooded areas, scenic overlooks and connecting things such as existing
trails. Following that, a refined plan was developed and brought before the
Parks Commission who recommended approval as written.
Fox noted Staff supports a second motion that involves a volunteer position
of woods keeper. He said the idea was spawned from the Minnesota
Wildlife Refuge where a similar position exists. He said the task force has
plans to thoroughly research it and bring it to the Parks Commission before
presenting it to the City Council.
Case asked ifthis particular area was covered when archaeological work
was being done in the city park portion. Fox said there was a report and
map generated and John Gertz would be the person who would know.
Lambert said the report does not show any sites here, but John should be
consulted on how extensively they looked at this area.
4
CITYCOUNCIL&~~G
June 18,2002
Page 7
Mosman said the idea of an off-leash dog area should be considered
because of the minimal impact. Lambert said the Task Force and Parks
Commission were adamant that dogs should be kept on-leash in this area.
He said there should be discussion on an off-leash area somewhere, but not
this area.
MOTIONS :
Mosman moved, seconded by Case, to approve the Birch Island
Woods Conservation Area Management Plan dated May 21,2002.
Motion carried 5-0.
Mosman moved, seconded by Case, to direct Staff to explore the
possibility of creating a volunteer position of Woods Keeper.
Motion carried 5-0.
Mayor Tyra-Lukens said thanked the 13 citizen members and 5 Staff
members of the committee who worked hard to develop the plan for
Birch Island Woods and come up with such a thorough and excellent
report.
Jeff Strate recognized and thanked two members of the Task Force
who were present: George Tkach and Katy Egan-Benck.
IX. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE 9.04
RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC
PARKS
Neal said the purpose of this ordinance is to prohibit the possession of glass
containers in the parks; provide a provision that requires people to obey park
regulations that are posted by the Director of Parks and Recreation Services; and
prohibit the use of snowmobiles, trail bikes, or other all terrain vehicles,
hovercrafts, or motor vehicles licensed for highway operation being used for off
road recreational purposes in parks within the limits of the City.
Lambert said glass was previously prohibited only at the beach areas of parks, but
broken glass is now being found in other areas of the parks. He added that the
police are not able to enforce the regulations posted by the Director of Parks and
Recreation Services unless it’s part of this ordinance; and this part of the ordinance
is also needed to make it easier to enforce prohibiting use of the vehicles listed. He
said that this way, there is one document with all the rules.
Case asked if#2 applied to the snow sliding hill at Staring Lake in the winter time.
Lambert said yes, it would.
3- 43
CITY COmTCII,RZFCETING
June 18,2002
Page 8
Case asked if#3 applies to the new electric motorized scooters. Lambert said this
does not provide a provision for them, but the scooters are not legal.
MOTION: Case moved, seconded by Butcher, to approve the first reading of an
Ordinance amending Section 9.04 and 9.99 of the City Code relating to rules and
regulations governing public parks. Motion carried 5-0.
B. JKCRST READING OF AN ORDINANCE AMENDING CITY CODE 9.14
RELATING TO PHOSPHORUS FXRTILIZER RESTRICTIONS
Neal said this ordinance was initiated at the request of the City Council earlier this
year and is based on ordinances of nearby cities. Neal added that these are items
related to the sale of fertilizer. He said if we wish to put it into the ordinance code
and enforce it, it needs to be adopted before August 1,2002. Neal said the purpose
of this ordinance is to clarify fertilizer usage restrictions within the City; add
restrictions regarding the display and sale of phosphorus fertilizers; and adopt the
State legislation to simplify enforcement.
Neal said the proposed City Code changes are:
1. Require phosphorus-free fertilizer to be sold wherever phosphorus
fertilizer is sold.
2. Require separate displays of phosphorus and non-phosphorus fertilizers.
3. Require that all displays of fertilizers be well marked.
4. Require that the displays of phosphorus fertilizer be limited to 10% of the
quantity of non-phosphorus lawn fertilizer on display.
5. Require that the vendor provide a copy of City Code Section 9.14 with
any sale of phosphorus fertilizer.
6. Require a sign that has been pre-approved by the City be displayed which
provides information on phosphorus.
7. Require that no Person (individual, firm, partnership, association, or
private corporation) apply phosphorus-containing fertilizer. All
phosphorus fertilizer usage exemptions and requirements for a Person
would be the same as Commercial Applicators.
Public Works Services Director Eugene Dietz said the State mandate that says you
cannot apply phosphorus fertilizer does not take effect until January, 2004, but if
you want to regulate beyond the application of it, you need to adopt it by August 1,
2002. He said enforcement will possibly involve compliance checks at point of
sale.
Case said an educational piece is needed to inform the public and let people know
they don’t need phosphorus; that it only pollutes our creeks and rivers.
MOTION: Mosman moved, seconded by Case, to approve lSt reading of an
Ordinance amending City Code Section 9.14 to clarlfy phosphorus containing
fertilizer usage restrictions and adding fertilizer sale restrictions. Motion carried
5-0.
CI’IYC0UNClLMiXi”G
June 18,2002
Page 9
C. SMITH DOUGLAS MORE HOUSE CONDITIONAL USE PERMIT by Dunn
Brothers Coffee and City of Eden Prairie. 2nd Reading Planned Unit Development
District Review with waivers on 1.7 acres, Zoning District Amendment within the
Rural Zoning District on 1.7 acres, and Site Plan Review on 1.7 acres. Location:
8107 Eden Prairie Road. (Ordinance No. 19-2002-PUD-14-2002 for PUD
District Review and Zoning District Amendment, and Resolution No. 2002-1 16
for Site Plan Review)
Case said as a reminder, anybme there is first and second readings in the same
night, there must be a unanimous vote to pass.
MOTION: Case moved, seconded by Mosman to approve the 2nd Reading of the
Ordinance for Planned Unit Development District Review with waivers, Zoning
District Amendment within the Rural Zoning District on 1.7 acres; and adopt the
Resolution for Site Plan Review on 1.7 acres. Motion passed 5-0.
X. PETITIONS, REQUESTS AND COMMUNJCATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORT OF CITY MANAGER
B. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
1. Birch Island Woods Task Force Report
This item was heard following VIII. Pavment of Claims.
2. Eden Prairie Community Center and Round Lake Park, Parking Fee
Structure for 2002/2003 School Year
Neal said the school has increased fees fiom $85 to $200 for the 2002-03
school year and the City has always matched the school fee structure to
have equalized fees between city lots, city spaces and school spaces.
Therefore, Staff recommends the approval of a fee increase of $200 and a
reduced fee of $100 aRer March lst, and an increase to 400 permits for the
Community Center and Round Lake Park during the school year.
Case asked about parking enforcement and the reserve spaces at the lots.
Lambert said overall, enforcement has been effective.
Case asked ifthere had been an opportunity to possibly partner and co-fund
a patroller position with the school. Community Center Manager Lyndell
Frey said the school was initially offered to take over our lots since they
already had stafF available, but the school chose not to do so. He said it was
then taken to the City Police Department and it has been working very well.
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cTTycoTJNcILRmTlNG
June 18,2002
Page 10
MOTION: Case moved, seconded by Butcher, to approve a parking permit
fee of $200.00 and a reduced fee of $100.00 after March lSt and an increase
to 400 permits for the Community Center and Round Lake Park during the
school year. Motion carried 5-0.
C. REPORT OF COMMUMTY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
1. 2001 Comprehensive Annual Financial Report (CAFR)
Steve Wischmann, partner in the independent auditing firm of Kern,
Dewenter, Viere, Ltd., made a presentation of the City’s financial report to
be forwarded to the State by June 30,2002.
There were no questions from Council.
MOTION Mosman moved, seconded by Butcher, to accept the 2001
Comprehensive Annual Financial Report (CAFR). Motion passed 5-0.
2. City Web Site Presentation
Don Uram, Community Development and Financial Services Director, gave
a history of the City’s website, stating that essentially, there have been no
updates since 1998. He said discussions on updating it were started last
July and in January, 2002, a request for proposal was developed with prices
ranging from $65,000 to $250,000.
Nick Eian of Endurant Business Solutions, a Habitat for Technology board
member, said the business partnership between Habitat for Technology (a
non-profit organization) and the City, school systems, technical college and
Chamber of Commerce has five initiatives. They are the fimding of a
program to help interns get experience and develop a curriculum;
development of a city-wide database of all Eden Prairie businesses;
development of a market plan; improving development of the websites; and
looking at how the right type of environment can be developed to attract
start-up businesses.
Mike Thomas, principal consultant with Endurant Business Solutions,
spoke about technology objectives of the website and the partnership
between parties involved.
Uram said the expectation is to have the website operational by August 14,
2002. He also asked indication fiom the Council as to whether or not
they’d support a business model for developing a standard content
management system for Eden Prairie businesses and costs associated with
that. He said they will put together a business model to be presented to the
Council for actual funding for the project. He said estimated costs are
approximately $140,000 with $100,000 fiom the City ($50,000 this year
CITYCOUNCILMEETING
June 18,2002
Page 11
and next year, and balance donated by €ET and the Chamber of
Commerce). Council members indicated they would be supportive of the
economic initiative.
MOTION Butcher moved, seconded by Case, to approve the
Professional Services Agreement with Endurant Business Solutions for the
City Website. Motion carried 5-0.
D. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
E. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
F. REPORT OF MANAGEMENT SERVICES DIRECTOR
G. REPORT OF CITY ATTORNEY
H. REPORTS OF COUNCILMEMBERS
1. Proposed Smoke-Free Air Ordinance
Mayor Tyra-Lukens gave a review of the history of discussion on
development of an ordinance thus far. She said information to inform
citizens about this issue has been distributed and received via an interactive
web forum, published notices in newspapers, TV and radio coverage, e-
mails, phone calls, and face-to-face opinions with Council. She wanted to
clarify that although there are allegations a decision has been made, that is
not the case. A sample ordinance has been drafted, but no decision made.
She requested discussion on whether the Council wants to move forward at
this time.
Mosman said she thinks a lot of feedback has been given and the medical
part of it is well documented, but we will do what we can to look at helping
the restaurant owners overcome economic unfairness. She said she would
like to go ahead with an ordinance.
Butcher said she wants to move forward with an ordinance that involves
potential for compromise with the business community - a compromise
where we can provide some positive health environment to patrons of
restaurants, but figure out a way to work with the restaurants.
Case said it’s time to take the lead and pass a ban. He said he can support a
ban that involves some type of safety net for bar-type restaurants and
businesses. He said a lot more data is needed, but there is a workable
compromise. He said his goal is not to remove all smoke fi-om bars, but to
keep it negligible in smoke-fiee areas.
Luse said it’s as much a political issue as it is a health issue and read the
following prepared statement:
II
CITYCOUNCILR1[EETING
June 18,2002
Page 12
“den Prairie Smoking Ban, Survev Research - David Luse position
I am a reluctant supporter of a ban on smoking in public places in Eden
Prairie. But before making any decision, I would like to see our citizens’ views
more accurately represented through scientific public-opinion research.
economic health of a community, personal fi-eedoms, balancing majority and
minority views, the role of local versus state government - I will always err on
the side of health and safety. That’s why I would support a ban. But I am a
reluctant supporter because what I was afi-aid would happen is now happening
- our community has become a battlefield for contending parties outside of
Eden Prairie and the issues are being obscured by lobbying campaigns. The
issues we’re hearing about most, through organized efforts, are health or
economics, while important viewpoints on individual rights and the role of
government aren’t heard as easily.
I would like more clarity about what our citizens think and want before
we make a decision on this smoking ban. I believe we should commission solid
public-opinion research by an independent firm on what Eden Prairie residents.
want. This could be completed in a matter of weeks, or months at most, and we
have no need to rush to judgment here.
A scientifically drawn sample cannot be influenced by lobbying
campaigns that are more “astroturf’ than grass roots. The results cannot be
influenced by packing a town meeting with supporters or sending the City
Council form letters fi-om outside the community.
I do not want to put off a tough decision. We will all have to make that
tough decision -that’s our job. And I believe we should make that decision
once, and not leave open the confusing possibility of reconsideration. But I do
want to make the decision with as much information as possible. Our city
attorney has said we cannot hold a referendum on this issue, but we can do
some research. The results won’t automatically determine how we vote,
because it’s still our responsibility to weigh all the factors involved. But we’ll
make a better decision with better information.
The questions asked of a representative sample of Eden Prairie
residents should be simple and clear. Should we ban smoking in public places
or not? If we’re looking for workable compromise, at most we could ask if
people would support a window of time where smoking would be allowed, a
few late-evening hours on weekends in bars. We should be careful not to
confbse the issue with sunset provisions and phase-ins and phase-outs.
In an issue with so many conflicting interests - personal health, the
Let’s take the time to get this right.”
Tyra-Lukens said an analysis that was done of speakers at the June 11
meeting showed there were an equal number of proponents from within and
outside Eden Prairie; and there were an equal number of opponents that
were within and outside Eden Prairie, so both sides had people outside the
community. However, there were more proponents living within Eden
Prairie than there were presenters that were opposed to the ordinance. She
said there is also an argument to be made that restaurant sales and liquor
sales may increase at these restaurants.
CITYCOUNClL&lEETING
June 18,2002
Page 13
Concerning the issue that the Council is ‘moving too fast,’ Tyra-Lukens
said she does not think we’re rushing it at all because it’s an issue that’s
been out there for a long time and discussed in many communities
throughout the United States already. It’s not a surprise. So, at this point,
Tyra-Lukens said it sounds like we have five people who would be willing
to move forward with the sample ordinance.
Butcher said she would like to postpone discussing details of an ordinance
until in a workshop environment.
Luse asked if Council would entertain a public opinion poll of an ordinance
to help shape the ordinance. Case said a survey would not lead us into a
compromise of all the details of an ordinance..
Butcher said we need to talk about a process to follow, come up with a
timeframe, then re-evaluate it and put it on the website to let everyone
know.
Mosman said doing a survey would depend on who writes the questions.
She said she doesn’t know if we’d get a true read with a survey. She said
she would not want to put it off with a survey and we need to take it on with
the input we have.
Case said he would weigh against a survey; it would be meaningless data
that would not help to move forward. He said his decision on this issue
would be based on the trust people have placed on him as a leader. He said
he’s ready to talk and suggested layout of a timetable tonight.
Tyra-Lukens read a memo from Joe Stoebner of the Eden Prairie Chamber
of Commerce who proposed creating a three-person committee representing
Eden Prairie restaurant and bar owners. He offered to have this committee
look at the proposed ordinance and make suggestions as to what restrictions
the business community may be able to accept and make recommendations
for areas of change if they felt these areas would adversely affect the
restaurants and bars.
Luse noted that any compromise would need to be defined specifically.
Council agreed to set a workshop July 2,2002 at 4 p.m. Tyra-Lukens said
questions will be submitted to Staff about specific issues and those
questions will be answered in the context of the workshop. She said we will
try to construct an ordinance from the ground up using this as a framework,
and whenever we get to an issue where there’s not consensus, we will move
to the next one so that we can get to the point where we have some sort of
order with a few things that still need to be addressed. She said whatever
the Chamber committee brings forth will be looked at on an advisory level
just as we’d get advice from anybody in the process.
13
CITYCOUNCILR~~G
June 18,2002
Page 14
Mosman encouraged the Chamber to expedite their process.
Tyra-Lukens stated there is a level of compromise that everybody has
concerning this issue and we need to go into it using a consensus building
process.
Neal asked that as we get ready for the workshop, all questions be
submitted to him to make sure they’ll be routed to the correct Staff person.
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Case moved, seconded by Butcher, to adjourn the meeting.
Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 10:16 p.m.
CITYCOUNCILAGENDA
SECTION Consent Calendar
DATE: CITYCOUNCILAGENDA
SECTION Consent Calendar July 2,2002
DATE:
July 2,2002
ITEM DES SERVICE AREA/DMSION:
Police / C.O.P. Unit
Gretchen Laven BIi,Al
These licenses have been approved by the department heads responsible for the licensed activity.
Private Kennel
Michael Juntunen - Dogs
,
-1-
CITY COUNCIL AGENDA
SECTION: Consent Calendar
SERVICE AREALDMSION:
Public Works
Engineering Services
Eugene A. Dietz
RandySlicW *
ITEM DESCRIPTION
Final Plat Approval of Bluff Country Townhomes
gfh Addition
DATE:
July 2,2002
ITEM NO.:
I
Requested Action
Move to: Adopt the resolution approving the final plat of Bluff Country Townhomes
gth Addition
Synopsis
This proposal is located north of Pioneer Trail and west of Hennepin Town Road. The plat
consists of .23 acres to be divided into four townhome lots. This is a replat of Outlot L, Bluff
Country Village.
Background Information
The preliminary plat was approved by the City Council August 17,1999. Second Reading of the
Rezoning Ordinance and final approval of the Developer’s Agreement was completed on
December 7, 1999. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the
requirement for final plat approval within six months of preliminary plat approval.
Approval of the final plat is subject to the following conditions:
0 Receipt of engineering fee in the amount of $300.00
0 The requirements as set forth in the Developer’s Agreement
0 Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor
Attachments
Drawing of final plat
RS:ssa
J
I 3 9 53
CITY OF EDEN PRAIRIE
HENFEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
BLUFT COUNTRY TOWNHOMES gTH ADDITION
WEEREAS, the plat of Bluff Country Townhomes gth Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Bluff Country Townhomes gth Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat dated
July 2,2002.
B. Variance is herein granted ftom City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of
the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to
the owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on July 2,2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL'
KathIeen A. Porta, City Clerk
3
CITYCOUNCILAGENDA
SECTIOR Consent Calendar
SERVICE
Parks and Recreation
Robert A. Lambert Director
ITEM DESCRIPTION: Second Reading of an
Ordinance Amending Section 9.04 and 9.99 of the
City Code
DATE:
July 2,2002
ITEM NO:
Requested Action
Motion: Move to approve the second reading of an Ordinance amending Section 9.04 and
9.99 of the City Code relating to rules and regulations governing public parks.
Background
On June 18, 2002, the City Council unanimously approved the first reading of this ordinance,
which will prohibit the possession of glass containers in parks, require people to obey park
regulations that are posted by the Director and prohibit the use of motorized vehicles being used
for off-road recreational purposes in parks. -
BL:mdd
I
CITY OF EDEN PRAIRIE
HEN" COUNTY, MINNESOTA
ORDINANCE NO. - 2002
AN ORDINMCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.04
RELATING TO RULES AND REGULATIONS G0VEF"G PUBLIC
PARKS; AND ADOPIING BY REFERENCE CITY CODE CHAPTER 1
AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Section 9.04, subd. 4(Z) is amended as follows:
Z, . Possess glass containers; or deposit, scatter, drop, or abandon bottles, cans, glass,
coals, ashes, sewage, water, or other material on park property except in
receptacles provided for such purpose.
Section 2. City Code Section 9.04, subd. 4, is amended to add subpart (AL) as follows:
AL. Disregard or disobey any park regulations that are legally posted by the Director
of Parks and Recreation.
Section 3. City Code Section 9.04 is amended to add Subd. 6 as follows:
Subd. 6. Recreational Motor Vehicles.
It is a misdemeanor for any person, to operate a recreational motor vehicle, which
includes, but is not limited to, snowmobiles, trail bikes, or other all-terrain vehicles,
hovercrafts, or motor vehicles licensed for highway operation being used for off-road
recreational purposes, in parks within the limits of the City. This subdivision shall not
apply to recreational motor vehicles operated by enforcement, emergency and resource
management personnel acting in the performance of their duties. The definition and
regulatory provisions of Minnesota Statutes $ 84.90 through 84.929 are hereby
incorporated and adopted by reference, including the penalty provisions thereof
Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code, Including Penalty for Violationy' and Section 9.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as
thogh repeated verbatim herein.
Section 5. This Ordinance shall become effective fiom and after is passage and publication.
2
FlRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of 2002, and iklly read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of ,2002.
Kathleen Porta, City Clerk ~ Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on the day of 2002.
ep\city code\chapter 9 - public parks
CITY COUNCIL AGENDA
SECTION: Consent Agenda
SERVICE
AREA/DMSION:
Public Works Service Area
Through Eugene Dietz
Leslie Stovring
DATE:
July 2,2002
ITEM DESCRIPTION Ordinance ITEM NO.:
Amending Phosphorus Fertilizer
Restrictions m.g,
Requested Action
Move to:
0 Approve 2nd reading of an Ordinance amending City Code Section 9.14 and adding City Code
Section 9.15 to clarifjr phosphorus containing fertilizer usage restrictions and adding fertilizer
sale restrictions; and
0 Adopt Resolution approving the summary of Ordinance No. -2002 and ordering
publication of said summary
Synopsis
The first reading for the Ordinance was on June 18,2002. Since that time, staff requested Mr. Ron
Struss from the University of Minnesota Extension and Mr. Jerome Spetzman fiom the Minnesota
Department of Agriculture to review the Ordinance and provide comments to assist in ensuring
consistency with the new state regulations passed regarding fertilizer usage.
Most of the suggestions were in relation to the separation of the usage and sale requirements. Many
of the usage requirements in City Code Section 9.14 will need to be removed or amended before the
start of the growing season in 2004 to meet the new state regulations regarding phosphorus fertilizer
usage that become effective in January 2004.
The following comments were incorporated into the Ordinance.
0 Restrictions regarding the sale of fertilizer products were moved fkom Section 9.14 and
incorporated into a new Section, City Code Section 9.15, to establish better separation of usage
and sale restrictions.
0 Addition of a time limit on how long information on Section 9.14 usage requirements would be
handed out to residents. This Section will be superseded in the most part by the new state
regulations and handouts would not be required after January 1,2004.
The ordinance was also reviewed for consistency, grammatical and typographic errors which were
corrected.
Attachments
OrdinanceSummary
0 Ordinance containing City Code Sections 9.14 and 9.15
Resolution approving Summary of Ordinance
I 53
<;TTy OF EDEN PRAlRIE
HEN” COUNTY, MINNESOTA
SUMMARY OF ORDINANCENO. - 2002
AN ORDINANCE OF THE CITY OF EDENPRAIRIE, MINNESOTA AMENDING CITY CODE
CHAPTER9 BY AMENDING SECTION9.14RELATINGTORESTRICTIONSRELATINGTO
THE USE OF FERTILIZER, ADDING SECTION 9.15 RELATING TO RESTRICTIONS
RELATING TO THE SALE OF FERTILIZER; AND ADOPTINGBY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHERTHTNGS, CONTAJNPENALTY
PROVISIONS.
The following is only a summary of Ordinance No. - 2002. The fill text is available for public
inspection by any person during regular office hours at the office of the City Clerk
The purpose of the amendment and the new section, is to bring the City in compliance with recently
passed state regulations regarding fertilizers. The ordinance amends City Code Section 9.14 relating
to restrictions relating to the use of lawn fertilizers by adding a purpose, new definitions, and a list of
exemptions while expanding the general regulations to include home owners and renters. The
ordinance also adds City Code Section 9.15 relating to restrictions relating to the sale of lawn
fertilizers to regulate the sale of fertilizer with phosphorous. The ordinance incorporates, by
reference, City Code Chapter 1 and City Code Section 9.99, which contain definitions and provisions
relating to penalties.
Effective Date: This Ordinance shall take effect upon publication
ATTEST:
KathleenA. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on the
2
CITY OF EDEN PRAIRIE
HEN” COUNTY, MINNESOTA
ORDINANCE NO. - 2002
AN ORDINANCE OF THE EDEN PRATRIE CITY, MINNESOTA, AMENDING CITY
CODE CHAPTER 9 BY AMENDING SECTION 9.14 RELATING TO RESTRICTIONS
RELATING TO THE USE OF FERTILIZER, ADDING SECTION 9.15 RELATING .TO
RESTRICTIONS RELATING TO THE SALE OF FJ3RTILIZER; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Section 9.14 is amended to read as follows:
SECTION 9.14. RESTRICTIONS RELATING TO THE USE OF LAWN
FERTILIZER
Subd. 1. Purpose. The purpose of this Ordinance is to establish regulations that
will aid the City in maintaining and improving lake resources within its jurisdiction, thus
enhancing the enjoyment of the lakes by City residents and other users.
Subd. 2. Definitions. The definitions contained Minnesota Statutes 0 103E.005,
subd. 1, as amended, are adopted by reference. For the purpose of this section, certain terms and
words are defined as follows:
A. Commercial Applicator: a person who is engaged in the business of applying
fertilizer for hire as defined in Section 5.45.
B. Non-Commercial Applicator: a person who applies fertilizer during the course
of employment, but who is not a commercial lawn fertilizer applicator.
C. Person: “Personyy means an individual, firm, partnership, association, or private
corporation.
Subd. 3. Exclusions. This section does not apply to persons who apply fertilizer
for normal and ordinary fming ind agricultural operations.
Subd. 4. Regulations Relating to the Use of Fertilizers. No Commercial
Applicator, Non-commercial Applicator or Person shall:
A. Time of Application. Apply lawn fertilizer when the ground is fkozen or when
conditions exist which will promote or create runoffs, or between November 30
and April 1 of any year.
E. Fertilizer Content. Apply fertilizer, liquid or granular, within the City of Eden
Prairie that contains any amount of phosphorous or other compound containing
phosphorous, such as phosphate, to turf or lawn areas. The prohibition against
use of fertilizer containing any quantity of phosphorous shall not apply to:
1. Newly established or developed turf and lawn areas during the first
growing season; or
Turf and lawn areas that soil tests confirm are below phosphorous levels
established by the University of Minnesota Extension Services. The lawn
fertilizer application shall not contain an amount of phosphorous
exceeding the amount of phosphorous in the appropriate application rate
recommended in the soil test evaluation; or
2.
3. Naturally occurring phosphorous in unadulterated natural fertilizer such as
yard waste compost.
Phosphorous applied as fertilizer pursuant to the aforementioned exemptions shall be
watered into the soil.where it is immobilized and generally protected fiom loss by runoff.
C. Impervious Services and Drainage Ways. Apply fertilizer to impervious
services, drainage ditches, or water ways.
Buffer Zone. Apply fertilizers and pesticides below the ordinary high water level
of water bodies as established by the Minnesota Department of Natural
Resources, Within 25 feet of any wetland or water resource, or within
conservation easements.
D.
Subd. 5. Sample Analysis Cost. Any cost incurred in analysis of fertilizer samples
fiom either commercial applicators or property owners shall be paid by the commercial
. applicator or property owner if the sample analysis indicates that the phosphorous content
exceeds the levels authorized herein.
Subd. 6. Penalty. Any person violating this section shall be guilty of a petty
misdemeanor. The City may revoke a commercial applicator’s license for repeat violations of
this section.
Section 2. City Code Section 9.15 shall read as follows:
SECTION 9.15. RESTRICTIONS RELATING TO TIIE SALE OF LAWN
FERTILIZER
Subd. 1. Purpose. The purpose of this Ordinance is to establish regulations that
will aid the City in maintaining and improving lake resources within its jurisdiction, thus
enhancing the enjoyment of the lakes by City residents and other users. The provisions of
Minnesota Statutes 2002, Chapter 18C, Fertilizer, Soil Amendment, and Plant Amendment Law,
are hereby incorporated herein and adopted by reference.
Snbd. 2. Definitions. The definitions contained Minnesota Statutes 6 103E.005,
subd. 1, as amended, are adopted by reference. For the purpose of this section, certain terms and
words are defined as follows:
A. Commercial Applicator: a person who is engaged in the business of applying
fertilizer for hire as defined in Section 5.45. .
B. Fertilizer: a substance containing one or more recognized plant nutrients that is
used for its plant nutrient content and designed for use or claimed to have value in
promoting plant growth. Fertilizer does not include animal and vegetable
manures that are not manipulated marl, lime, limestone, and other products
exempted by Rule by the Minnesota Commissioner of Agriculture.
Subd. 3. Effective July 31,2002, no person, firm, corporation, franchise, or
commercial establishment shall sell any lawn fertilizer; liquid or granular, within the City of
Eden Prairie that contains any amount of phosphorous or other compound containing
phosphorous, such as phosphate, unless:
1. Phosphorous-fkee fertilizer is .also for sale;
2. Phosphorous-free fertilizer and phosphorus-containing fertilizer are separately
displayed with each display being clearly marked as to whether or not the
fertilizer contains phosphorous;
3. Displays of phosphorous-containing fertilizers shall be limited to ten percent
(10%) of the quantity of phosphorus-fiee fertilizer on display at any time;
4. For each sale of such fertilizer, the seller shall provide the buyer with a copy of
this section of the Eden Prairie City Code and
5. Fertilizer displays shall include signage providing information on phosphorus.
All signage must be pre-approved or provided by the City on request.
Subd.4. Penalty. Any person violating this section shall be guilty of a petty
misdemeanor. The City may revoke a commercial applicator’s license for repeat violations of
this section.
Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to
the Entire City Code, Including Penalty for Violation” is hereby adopted in its
entirety by reference as though repeated verbatim herein.
Section 4. This Ordinance shall take effect fiom and after its publication as required by law.
ADOPTED BY THE CITY COUNCIL THIS DAY OF 9
2002.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
\
CITry OF EDEN PRAIRIE
HEN" COUNTY, MINNESOTA
RESOLUTION NO. 2002-
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. - -2002 AND
ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. -2002 was adopted and ordered published at a regular meeting of
the City Council of the City of Eden Prairie held on the 2nd day of July, 2002;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TEE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A.
B.
C.
D.
E.
Ordinance No. -2002 is lengthy andor contains charts.
The text of the summary of Ordinance No. --2002, attached hereto as Exhibit A,
conforms to M.S. 331A.01, Subd. 10, and is approved, &d publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
Ordinance No. --2002 shall be recorded in the Ordinance Book, along with
proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on July 2,2002.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
3
' CITY COUNCIL AGENDA
' SECTION: Consent Calendar
SERVICE AREALDIVISION: ITEM DESCRIPTION: I.C. 01-5543
Engineering Services
Randy Newton
Eugene A. Dietz
Approve amendment to Professional Services
Agreement with SEH for the final design of the
TH 212 / Valley View Road Interchange Area
Improvements.
DATE:
July 2,2002
ITEM NO.:
Requested Action
Move to: Approve amendment to Professional Services Agreement with SEH, Inc. for
the final design of the TH 212 / Valley View Road Interchange Area
Improvements.
Synopsis
At the February 5, 2002 meeting, City Council approved the Professional Services Agreement
with SEH for the final design of the TH 212 / Valley View Road Interchange Area
Improvements. Due to the extra work associated with the soils investigation, embankment
design and Bryant Lake Drive trail design a budget amendment to the Professional Services
Agreement is requested.
Background Information
The TH 212 / Valley View Road Interchange Area Improvement Project is a cooperative project
with Mn/DOT that includes double left turn lanes from Bryant Lake Drive to Valley View Road,
a trail along Bryant Lake Drive and replacement of the watermain that has been a continuing
maintenance problem. The design of the Bryant Lake Drive trail was included with this project,
and is part of SEH's Professional Service Agreement, but was separated from the interchange
area project earlier this year and is currently under construction.
The request for additional fimds for the projects are a result of the following factors which City
staff is in concurrence with:
0
0
0
Supplemental soils investigations and evaluation of alternative embankment designs
due to the poor soils that are present along the TH 212 ramp.
Design and plan preparation for the alternative embankment design.
Additional work associated with the design of the Bryant Lake Drive trail in order to
accommodate trail drainage and right of way restrictions.
Producing and bidding a separate set of plans for the Bryant Lake Drive trail.
The interchange area improvements were ori,ginally scheduled to occur in 2002. However, due
to the presence of the poor soils along the TH 212 ramp the project will likely be delayed until
2003.
Financial Implications
The approved Professional Services Agreement for the TH 212 / Valley View Road Interchange
Area Improvements is for $137,873. The amendment is for an additional $63,400 for a total of
$201,273. The extra work includes $42,400 for soils analysis and embankment design and
$21,000 for the bike trail design.
The latest construction cost estimate for this project is approximately $1.4 million. The estimate
is contingent on the preferred embankment design, which is expected to be determined in the
next several weeks. Mn/DOT has dedicated approximately $865,000 of state funds to this
project through various sources. The remaining construction costs for the project are the
responsibility of the City.
Attachments
Amendment to Professional Services Agreement
5
Butler Square Building, 100 North 6th Street, Suite 710C, Minneapolis, MN 55403 612.758.6700 612.758.6701 FAX
June 24,2002 RE: Eden Prairie, Minnesota
T.H. 212 Ramp Reconstruction and
Signal Modifications at Bryant Lake
Drive and Valley View Road
SEH NO. P-EDENpO203.00 10.00
Mr. Alan Gray, P.E.
City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Dear Mr. Gray:
Short Elliott Hendrickson Inc? (SEH) respectfully requests your consideration to increase the total
amount of our fee for the above referenced project. The requested increase in fee is due to several
different factors encountered during the design phase and the resultant scope changes necessary for
the completion of this project.
SEH has documented the additional work completed to date and has estimated the amount of work
necessary to complete the project in a timely manner. These items were presented in a meeting with
Randy Newton on June 6,2002, and will be further documented in this letter.
,
Our initial scope of work for this project, as identified in our proposal letter dated January 28,2002,
included 23 major work items that would be completed under our agreement. Our increased fee is
. related to Items #6 and #12 as listed below.
6. Acquire soil boring information fiom Mn/DOT and coordinate supplemental soil borings if
necessary.
12. Incorporate the bike trail alignment and profile on Bryant Lake Drive into the roadway design
plans.
. Upon our review of the soils information obtained fiom WOT and the four original soil boring
logs completed by GME in February 2002, it became clear that supplemental soils investigation
would be necessary as identified in Item #6. GME contracted with the City of Eden Prairie for nine
additional borings of increased depth and subsequent consolidation tests and surcharge
recommendations.
SEH, MOT, GME and the City of Eden Prairie are presently discussing the recommendations
that have been formulated for the embankment construction, and will proceed with the final design
of the embankment in early July. The amount of time dedicated to the additional soils investigation
3
Man Gray, PE.
June 24,2002
Page 2
and design to date, and an estimated amount necessary to complete the design has been outlined in
Exhibit A.
The remaining balance of our requested increase is related to the design of the trail adjacent to
Bryant Lake Drive. The initial scope identified in Item #12 was to incorporate the proposed trail
design completed by another consultant, into our plan for the reconstruction of the T.H. 212 ramp.
Upon OUT review of the proposed design, significant revisions were deemed necessary to
accommodate trail drainage, existing soils conditions, and right-of-way restrictions.
As we proceeded with the trail design, SEH and the City agreed to extract the trail design into a
stand-alone plan to accommodate Mn/DNR funding criteria. Separate plans and specifications were
produced and the project was bid and awarded earlier this spring, and is presently under
construction and nearing completion. A complete breakdown of the additional costs incurred with
the trail design has been outlined in Exhibit B.
Proposed Fee
Our current contract identifies a not-to-exceed fee for $137,873 for this project. Our proposed
amendment to this contract would be in the amount of $63,400, as identified in Exhibit C. This
amount would include all additional services rendered to date, and an estimate of the work
remaining that will be necessary to complete the project. Billing for our services will be on an
hourly basis. We will only proceed with additional work following your authorization.
We are looking forward to continuing to work with the City on this project. If you have any
questions, please feel fiee to contact me at 612.758.6805 at your earliest convenience. Thank you
for your thoughtful consideration of this request.
If this proposal is acceptable, please sign in the space provided below and return one signed copy to
this office. The signed copy will serve as the accepted proposal and authorization to proceed.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Jason P. Sprague, P.E.
Project Manager
cc: Randy Newton, City of Eden Prairie
Scott McBride, SEH Minnetonka
David C. Halter, P.E.
Client Service Manager
Attachments:
Exhibit A Additional Soils Design Costs
Exhibit B: Additional Trail Design Costs
Ah Gray, P.E= *
June 24,2002-
Page 3
Accepted this day of ,2002
By the City of Eden Prairie
Nancy Tyra-Lukens, Mayor Scott H. Neal, City Manager
5
BRYANT LAKE DRIVE
ADDITIONAL SOILS INVESTIGATION
SEH #A-EDENP0203.00
CITY PROJECT #01-5543
EXHIBIT A
AMOUNT BILLED TO DATE
EMPLOYEE CLASS HOURS- TOTAL
MCBRIDE, SCOTT DIRECTOR 2.5 $143.94 $359.85
HALTER, DAVE DIRECTOR 3.5 $143.13 $500.96
SPRAGUE, JASON PROJECT MANAGER 38.0 $121.68 $4,623.84
FARMER, RON PROJECT ENGINEER 14.0 $129.32 $1,810.48
KRUSE, BRIAN CREW CHIEF 4.0 $73.74 $294.96
REIFSTECK, BRAD LEAD TECH 6.0 $98.61 $591.66
$8,181.75
ESTIMATED AMOUNT NECESSARY TO COMPLETE SOILS INVESTIGATION AND
SURCHARGE EMBANKMENT DESIGN
ENlPLOYEE A’ CLASS HOURS- TOTAL
MCBRIDE, SCOTT DIRECTOR 8.0 $143.94 $1 ,I 51.52
SPRAGUE, JASON PROJECT MANAGER 56.0 $121.68 $6,814.08
FARMER, RON PROJECT ENGINEER 80.0 $129.32 $10,345.60
REIFSTECK, BRAD LEAD TECH 24.0 $98.61 $2,366.64
$20,677.84
INCORPORATION OF EMBANKMENT DESIGN INTO EXISTING PLAN
EMPLOYEE CLASS HOURS= TOTAL
MCBRIDE, SCOTT DIRECTOR 4.0 $143.94 $575.76
SPRAGUE, JASON PROJECT MANAGER 16.0 $121.68 $1,946.88
JOHNSON, ERIC STAFF ENGINEER 64.0 $73.09 $4,677.76
DICKSON, DAVE TECHNICIAN 64.0 $98.61 $6,311.04
$1 3,511.44
BRYANT LAKE DRNE
TRAIL AND DRAINAGE IMPROVEMENTS
SEH #A-EDENP0203.00
CITY PROJECTMO-5514
EnnPCOVEE
MCBRIDE, SCOTT
HALTER, DAVE
SPRAGUE, JASON
KLUND, KFWG
DITZLER, AARON
DICKSON, DAVID
REIFSTECK, BRAD
ZEVENBERGEN, CAROL
KRUSE, BRIAN
CLASS
DIRECTOR
DIRECTOR
PROJECT MANAGER
CREW CHIEF
STAFF ENGINEER
STAFF ENGINEER
TECHNICIAN
LEAD TECH
TECHNICIAN
HCIURS
3.5
3.0
76.0
23.0
154.5
30.5
4.5
24.0
3.0
RATE
$143.94
$143.13
$121.68
$73.74
$64.32
$67.57
$80.57
$98.61
$67.89
EXHIBIT B
T_OTAL
$503.79
$429.39
$9,247.68
$1,696.02
$9,937.44
$2,060.89
$362.57
$2,366.64
$203.67
$26,808.08
?
BRYANT LAKE DRIVE
ADDITIONAL FEE SUMMARY
SEH #A-EDENP0203.00
CITY PROJECT #01-5543
BRYANT LAKE TRAIL DESIGN
REVISIONS OF HTPO PLAN SET
BIDDING AND SPECIFICATIONS
EXHIBIT C
$9,000.00
$12,000.00
SUBTOTAL $21,000.00
SOILS INVESTIGATION AND EMBANKMENT DESIGN
WORK COMPLETED TO DATE $8,200.00
FINAL SOILS AND EMBANKMENT DESIGN $20,700.00
$13,500.00 INCORPORATE FINAL DESIGN INTO EXISTING PLAN SET
SUBTOTAL $42,400.00 *
TOTAL ADDITIONAL FEE $63,400.00
ORIGINAL CONTRACT FEE
TOTAL DESIGN FEE
$1 37,873.00
$201,273.00
71
CITY COUNCIL AGENDA
SECTION: Consent Calendar
SERVICE AREAiDMSION
Engineering Services
AlanD. Gray
Eugene A. Dietz
I I I
ITEM DESCRIPTION I.C. 02-5565
Award Contract for Charlson Area
Improvements -Phase IJI
DATE:
July 2,2002
ITEM NO.:
=*~.,
Requested Action
Move to: Adopt resolution awarding contract for I.C. 02-5565, Charlson Area
Improvements - Phase III
Synopsis
The Charlson Area Improvements, Phase III includes utility improvements in Spring Road
serving Hennepin Village Site A. The pumping station in this plan will ultimately serve a larger
area including Hennepin Village- Site C and the new building area of Flying Cloud Airport,
Background Information
The Charlson Area Improvements Project was authorized by Council July 18, 2000. The
estimated project cost for this extensive street and utility project was $9,176,500. The remaining
elements of the project await easement agreements with the MAC. Phase III costs will be
specially assessed in accordance with the feasibility study.
Attachments
Resolution
Bid summary
Engineer’s Recommendation
I 1
CITY OF EDEN PRAIRIE
HEN” COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
LC. 02-5565 - Charlson Area Improvements - Phase HI
Eden Prairie Road
Bids were received, opened and tabulated according to law. Those bids received are shown on the
attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to
Northdale Construction Company, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract with
Northdale Construction, Inc. in the name of the City of Eden Prairie in the amount of
$1,004,723.40 in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on July 2,2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
73
SUMMARY OF BIDS
CHARLSON AREA IMPROVEMENTS
PHASEIII
I.C. 02-5565
Northdale Construction, Inc. $1,004,723.40
3
CITY COUNCIL AGENDA
SECTION: Consent Agenda I DATE: I I July 2,2002
SERVICE AREA/DMSION:
Community Development
Donald R. Uram
John Gertz
Remodeling of the Smith-Douglas-More House,
Construction of an addition to the house and
Requested Action
Move to:
Award Contract to Graus Contracting, Inc. in the amount of $740,600 for remodeling of
the Smith-Douglas-More House, construction of an addition to the house and associated
site work.
Synopsis
In accordance with the City’s purchasing policy, staff requested bids fiom contractors for the
Smith-Douglas-More House remodeling project and received 5 bids on June 27,2002. Bid
results are attached. The base bid in the amount of $740,600 combines both the City’s costs at
$63 1,566 and tenant improvement costs at $109,034.
Staff is hereby recommending that the City Council award the contract to Graus Contracting, Inc.
Background Information
On June 18, 2002, the City Council approved the PUD Concept Review on 1.7 acres for the
adaptive reuse of the Smith-Douglas-More House, and also approved the Conditional Use Permit
and Heritage Preservation Site Alteration Permit.
The anticipated construction schedule will be to start in mid July and end in late November, or
approximately 105 days.
Staff will continue to evaluate screening issues throughout construction and recommend any
needed changes.
Attachments
1. Bid Results Summary
2. Agreement
3. Notice of Award
KlCornm DevViPC - Heritage Pres. CommissimiCity Council Report Cover-Remodeling Sm*tfi-Douglas-hbre.doc
f 75
Summary of bids received June 27,2002 for renovations and addition to the Smith-
Douglas-More House, 81 07 Eden Prairie Road.
Contractor
Graus Contracting, Inc.
Base Bid
$740,600
CM Construction Company $765,000
Rochon Corporation $778,000
L.S. Black Constructors, Inc. $786,000
Magney Construction, Inc. $ 850,000
a
AGREEMENT
THIS AGREEMENT is made and executed the 2”d day of July
between the City of Eden Prairie, hereinafter referred to as the “CITY”, and
Contracting, Inc. , hereinafter referred to as the “Contractor”.
, 2002 by and
Graus
WITNESSETH;
CITY and Contractor, for the consideration hereinafter stated, agree as follows:
1. Contractor’s Duties: The Contractor shall provide the equipment and
construction services specified in the CITY Project Manual for Renovations and addition to the
Smith-Douglas-More House, issued June 6; 2002 , and shall do everything required by
this Agreement and the Contract Documents. Contractor shall fully and satisfactorily comply
with the conditions of the Contract Documents and complete the work contemplated by this
Agreement in accordance with the Contract Documents.
2. Bonds: Prior to issuance of the NOTICE TO PROCEED, the Contractor shall
furnish to CITY a performance bond in the amount of $ 740,600 and a payment bond in the
amount of $ 740,600 , both in form and substance satisfactory to the CITY.
3. Price: This is a firm price contract wherein the CITY agrees to pay the
Contractor the amount of $ 740.600 as full and complete payment for the equipment and
services rendered pursuant to this Agreement.
4. Pavment: Payments to the Contractor by the CITY shall be made as provided in
the Contract Documents.
5. Contract Documents: The Contract Documents consist: Request for Proposals,
Information for Bidders, Proposal, Bid Bond, General Conditions, Supplemental General
Conditions, Additional Supplemental Conditions, Payment Bond, Performance Bond, Notice of
Award, Notice to Proceed, Change Order, Drawings prepared by MacDonald and Mack
Architects, Ltd., Specifications prepared by MacDonald and Mack Architects, Ltd., and
Addenda. No. 1, dated June 18,2002, N0.2, dated June 20,2002 and No.3, dated June 21,2002.
The Contract Documents are hereby incorporated with this Agreement and are as much a part of
this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the
Contract.
6. Completion: The Contractor shall deliver all equipment and complete all
construction within One hundred five (1 05) days of the NOTICE TO PROCEED in
accordance with the terms and conditions set forth in the Contract Documents.
7. Data Practices Act: The Contractor shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. 3 1301, et seq., to the extent that the Act is
applicable to data and documents in the hands of the Contractor.
3
8. Audits: The books, records, documents, and accounting procedures and practices
of the Contractor or other parties relevant to this agreement are subject to examination by the
Commission and either Legislative Auditor or the State Auditor for a period of six years after the
effective date of this Contract.
9. Income Tax Withholdinp: No final payment shall be made to the Contractor
until the Contractor has provided satisfactory evidence to the Commission that the Contractor
and each of its subcontracts has complied with the provisions of Minn. Stat. $ 290.92 relating to
withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall
satisfy this requirement.
10. Worker’s Compensation: Contractor represents and warrants that it has and will
maintain during the performance of this agreement worker’s compensation insurance coverage
required pursuant to Minn. Stat. $ 176.181, subd. 2 and that the certificate of insurance or the
written order of the Commissioner of Commerce permitting self insurance of worker’s
compensation insurance coverage provided to the Commission prior to execution of this
agreement is current and in force and effect.
11. Discrimination: In performance of this contract, the Contractor shall not
discriminate on the grounds of or because of race, color, creed, religion, national origin, sex,
marital status, status with regards to public assistance, disability, sexual orientation, or age
against any employee of the Contractor , any subcontractor of the Contractor, or any applicant
for employment. The Contractor shall include a similar provision in all contracts with
subcontractors to this contract. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minn. Stat. . $ 363.01, et seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
12. Conflicts: No salaried officer or employee of the Commission and no member of
the Board of the Commission shall have a financial interest, direct or indirect, in this contract.
The violation of this provision renders the Contract void. Any federal regulations and applicable
state statutes shall not be violated.
13. Claims: To receive any payment on this Contract, the invoice or bill must
include the following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
14. Contractor’s Prompt Payment of Subcontractors: The Contractor shall pay to
any subcontractor within ten (10) days of the Contractor’s receipt of payment fkom the
Commission for undisputed services provided by the subcontractor. The Contractor shall pay
interest of one and a half percent (1 %%) per month or any part of a month to a subcontractor on
any undisputed amount not paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of
less than $100.00, the Contractor shall pay the actual amount due to the subcontractor.
15. Counterparts: This Agreement may be executed in multiple counterparts each
of which shall be considered an original.
4
16. Whole Agreement: This Agreement and the Contract Documents constifate the
final and complete agreement of the parties and shall supersede and replace any prior oral or
written agreements between CITY and Contractor. Any subsequent modification must be in
writing signed by both parties.
17. Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as
of the date set forth above.
CITY OF EDEN PRAlRIE
BY
Its Mayor
BY
Its City Manager
BY
Contractor
3 77
NOTICE OF AWARD
1 REMODELING ad ADDITION AT TEE Sh5lTH-DOUGLAS-MORE HOUSE
EDENPRAIRIE,Ml"ESOTA
Mr. Michael F. Cahill TO:
Graus Contracting, Inc.
360 Highway 61 North
Hastings, MN 55033
Renovations- and addition to the Smith-Douglas-More House
at 8107 Eden Prairie Road
. Project Description:
The OWNEB has considered the bid submitted by you for the above described WORK in
response to its Request for BIDS dated June 27 ,2002.
You are hereby notified that your BID has been accepted for items in the amount of $ 740,600 -.
You are required by the Information for BIDDms to execute the Agreement and furnish the
required CONTRACTORS Performance BOND, Payment BOND and certificates of insurance
within'ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from
the date of this Notice, said OWNER will be entitled to consider all your rights arising out.of the
OWNER'S acceptance of your BID as abandoned and as a forfeiture of.your BID BOND. The
OWNER will be entitled to such other rights as may be granted by law.
You are required to return acknowledged copy of this NOTICE OF AWARD to the OWNER.
' Dated this 2nd dayof - ,2002.
Owner
BY. Title
.-
'ACCEPTANCE OF NOTICE .
Receipt of the above NOTICE OF AWARD is hereby acknowledged
this the day of y 2002.
bY
NODCE OF AWARD - 1
CITY COUNCIL AGENDA
SECTION Public Hearings
SERVICE AREALDMSION:
Community Development
Donald R. Uram I
Danette M. Moore
DATE: 07/02/02
ITEM DESCRIPTION:
HTG Architects
I I'IEMNO.:
Requested Action
Move to:
Close the Public Hearing; and
0 Direct Staff to prepare a Developer's Agreement incorporating Staff and Board
. recommendations and Council conditions.
Synopsis
This project is a 2,743 square foot addition to the existing architect's office.
Background Information
The plan meets all zoning requirements for the Office Zoning District.
Community Planning Board Recommendation
The Community Planning Board voted 7-0 to recommend approval of the project to the City
Council at the June 10,2002 meeting.
Attachments
1.
2.
Staff Report dated June 7,2002
Community Planning Board minutes dated June 10,2002
1
STAFF REPORT
TO: Community Planning Board
FROM: Danette M. Moore, Planner
THROUGH:
DATE: June 7,2002
SUBJECT: HTG Architects Building Addition
APPLICANT: James Grover
' OWNER TGP Properties
Michael D. Franzen, City Planner
LOCATION: 9300 Hemepin Town Road
REQUEST: 1. Site Plan Review on .86 acres
Staff Report - HTG Architects Building Addition
June 7,2002
Page 2
BACKGROUND
The Comprehensive Guide Plan shows the site as Office. The property is zoned Office. Surrounding
land uses consist of the Preserve Village Mall to the north shown as Community Commercial, with
Low Density Residential to the south and west. Highway 169 and Hennepin Town Road, and a noise
wall are to the east.
In 1998, two nual lots were platted to create the .86 acre site, which was approved for a 4,200 square
foot office building.
SITE PLAN
The proposal involves expandhg'the HTG Building by an additional 2,743 square feet. The structure
will also have an additional 983 square feet of basement, to allow for archival space. The building
meets the setback requirements for the Office District. The base area ratio and floor area ratio will
increase from .ll to .21. The City Code permits up to a .30 base area ratio and a .50 floor area ratio
in the Office district.
The parking lot will be expanded to provide 10 additional spaces, which will create 33 spaces total,
meeting the City Code requirement for the Office district. The parking expansion will be consistent
with the 1998 approval, allowing a 17.5 foot setback for parking.
DRAINAGE
Due to the expansion creating a limited impervious area, a NURP pond will not be required. Instead,
a cash contribution will be made to the Storm Water Utility. The existing storm sewer will direct
. drainage to catch basins in Hennepin Town Road.
LANDSCAPE PLAN
The existing landscaping will be maintained. The additional landscaping shown on the plan will
provide necessary buffering itom the building and parking to adjacent land uses.
ARCHITECTURE
. The expanded building will be an arcbitectural continuation of the existing single-story building.
The exterior material will meet the City Code requirement of 75% face brick and glass.
3
Staff Report-HTG Architects Building Addition
June 7,2002
Page 3
ACCESS
In order to meet Fire Code requirements, the access driveway is shown as being shifted south
approximately 49 feet.
SITE LIGHTING
The existing parking lot lights will remain. No additional lighting is proposed.
STAFF RECOMMENDATION
Staff recommends approval of the following:
0 Site Plan Review on .86 acres
This approval is based on plans dated May 30,2002, subject to the recommendations of this Staff
Report, and the following:
1. Prior to grading permit issuance, the proponent shall:
A. Install erosion control at the grading limits of the property for review and approval
by the City Engineer.
B.
Prior to Building permit issuance, the proponent shall:
A.
B.
Pay the appropriate contribution to the Storm Water Utility.
2.
Submit samples of exterior building materials for review.
Submit a landscaping bond for review..
Planning BoardMinutes
June 10,2002
Page 7
B. HTG ARCHITECTS BUILDING by James Grover. Request for Site Plan
Review on .86 acres. Location: 9300 Hemepin Town Road.
Jim Grover, president of HTG Architects, said the site is located along the
fiontage road of Highway 169, south of Anderson Lakes Parkway. The proposed
expahsion had been in their original plans. It would consist of an addition to the
south of the present building of 2,743 square feet, plus an additional 983 square
feet of basement to allow for archival space and mechanical equipment. Ten
parking spaces would be added. The new addition would maintain the character
of the building to fit with the neighborhood. The additional landscaping along the
west side will provide a buffer to adjacent land uses fiom the building and
parking. Drainage will continue to the north. The access driveway will be shifted
south approximately 49 feet to meet Fire Code requirements.
.
Franzen said this project meets all requirements of the Office zoning district.
Staff recommends approval, as stated in the Staff Report.
Comeille opened the public hearing and asked if anyone wished to address the
Board on this project.
Royal Prevost, 9662 Clark Circle, said his home is immediately west of the
development. He did not have any objections to an addition to the current
building. He asked if the buildings immediately west of the development would
obscure the new location of the driveway, because he was concerned that the
headlights fiom cars coming in at night would be seen fiom his house. Grover
responded that the driveway would be obscured.
Prevost also asked if utilities would be brought in across an easement. Grover
replied that utilities were already in place for the expansion.
Prevost asked if additional parking would be on the east side of the building or on
the south side. Grover replied there would be an expansion of the parking lot to
the south, and the building will obscure it.
MOTION: Nelson moved, seconded by Steppat, to close the public hearing.
Motion carried 7-0.
MOTION: Nelson moved, seconded by Stoelting, to recommend approval of the
Site Plan on .86 acres, based on plans dated of May 30, 2002, subject to the
recommendations of the Staff Report, dated June 7, 2002, to the City Council.
Motion carried 7-0.
S
CITY COUNCIL AGENDA
' SECTION PublicHearings
~ SERMCE AREA/Dn7l[SION
Community Development
Donald R. Uram
Danette M. Moore
ITEM DESCRIPTION
Annette Estates
DATE: 07/02/02
ITEM NO.:
m. E,
Requested Action
Move to:
0
0
0
Close the Public Hearing; and
Adopt the Resolution for Preliminary Plat of 2.46 acres into 3 lots; and
Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and
Council conditions.
Synopsis
The proposal is to subdivide the 2.46 acre site into 3 lots to permit the construction of 2 additional single-
family homes.
Background Information
This site and surrounding property is currently zoned R1-22. All lots meet City Code for size, dimension
and setback requirements. The existing house is connected to City sewer and water and will remain. City
sewer and water service is available in Staring Lane for the 2 additional single family lots. Tree loss is
calculated at 23% or 142 diameter inches. Tree replacement required is 43 diameter inches, which is
shown on the plan.
Community Planning Board Recommendation:
On June 10,2002 the Community Planning Board continued the project to their June 24,2002 meeting to
allow time for staff to examine possible trail alignments that would connect the surrounding
neighborhood to Staring Lake Park.
At the June 24, 2002 meeting, staff presented 3 possible trail alignments and estimated costs. The
Community Planning Board did not recommend any of the trail alignments. Two residents spoke
regarding the need for a trail. The Community Planning Board voted 7-0 to recommend approval of the
project and directed neighbors to submit a trail petition to the Parks, Recreation, and Natural Resource
Commission.
*
Attachments
1. Resolution for Preliminary Plat
2.
3.
Staff Reports dated June 7,2002 and June 20,2002
Community Planning Board minutes dated June 10,2002
f
ANNETTE ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2002--
- RESOLUTION APPROVING THE PRELIMINARY PLAT
OF ANNETTE ESTATES FOR ANNETTE KAUF"
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of the Annette Estates for Annette Kauhan dated May 3 1, 2002, and
consisting of 2.46 acres into 3 lots, a copy of which is on file at the City Hall, is found to be in
conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 2nd day of July, 2002.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO: Community Planning Board
FROM: Danette M. Moore, Planner
THROUGH:
DATE: June 7,2002
Michael D. Franzen, City Planner
SUBJECT: Annette Estates
APPLICANT/ Annette D. Kaufinan
OWNER
LOCATION: 14758 Staring Lake Parkway
REQUEST: 1. Preliminary Plat of 2.46 acres into 3 lots.
3
Staff Report - Annette Estates
June 7,2002
Page 2
BACKGROUND
The Comprehensive Guide Plan shows the property as low density residential for up to 2.5 units
per acre. The property is zoned R1-22. Surrounding uses consist of single-family residential to
the north, west, and south. A rural undeveloped site is to the east. The surrounding zoning is
R1-22 to the north, west, and south, and rural to the east.
PRELmARY PLAT
The proposal is to subdivide the 2.46 acre site into 3 lots to permit the construction of 2
additional single-family homes. The existing home on the site is to remain. Lot 1 is 23,408
square feet, Lot 2 is 22,252 square feet, and Lot 3 is 59,663 square feet in size. City Code
requires a minimum lot size of 22,000 square feet in the Rl-22 zoning district, The existing and
proposed houses meet City Code for R1-22 setback requirements.
UTILITIES
The existing house is connected to City sewer and water.
connected to sewer and water available in Staring Lane.
The proposed houses will be
GRADING AND TREE LOSS
There are 616 diameter inches of significant trees on the property. Tree loss is calculated at 23%
or 142 diameter inches. This is consistent to the average tree loss of 35% for residential projects.
Tree replacement required is 43 diameter inches, which is shown on the plan.
STAFF RECOMMENDATION
Staff recommends Preliminary Plat approval of 2.46 acres into 3 lots, based on the plan
dated May 28,2002, this staff report, and the following conditions:
1. Concurrent with final plat release and prior to any development on the property, the
proponent shall:
A. Pay all City sewer and water connection fees.
2. Prior to building permit issuance, the proponent shall:
A. Install erosion control on the property, as well as tree protection fencing to protect
all trees to be preserved and approved by the City Engineer and City Forester.
B. Pay the cash park fee.
C. Submit a tree replacement bond in accordance with City Code.
Lf
STAFF REPORT
TO: Community Planning Board
FROM: Danette M. Moore, Planner
THROUGH:
DATE: June 20,2002
Michael D. Franzen, City Planner
SUBJECT: Annette Estates
APPLICANT/ Annette D. Kauhan
OWNER
LOCATION: 14758 Staring Lake Parkway
REQUEST: 1. Prelhnhary Plat of 2.46 acres into 3 lots.
5
Staff Report- Annette Esfates
June 20,2002
Page 2
BACKGROUND
This project was reviewed at the June 10,2002 Community Planning Board meeting. The Board
was comfortable with the Annette Estates subdivision as proposed, but continued the project to
the June 24,2002 meeting to allow the for staff to review alternative trail locations. The Board
directed staff to do the following:
e . Examine possible trail alignments that would connect the surrounding
neighborhood to Staring Lake Park.
e Compare costs and complications associated with each trail alignment.
See attached memo fkom Stuart Fox, City Forester, for comparisons of possible trail alignments.
STAFF' RECOMMENDATION
Staff recommends Preliminary Plat approval of 2.46 acres into 3 lots, based on the plan dated
May 28,2002, staff report dated June 7,2002, this staff report, and the following conditions:
1. Concurrent with final plat release and prior to any development on the property, the
proponent shall:
A. Pay all City sewer and water connection fees.
2. Prior to building permit issuance, the proponent shall:
A. Install erosion control on the property, as well'as tree protection fencing to protect
all trees to be preserved and approved by the City Engineer and City Forester.
B. Pay the cash park fee.
C. Submit a tree replacement bond in accordance with City Code.
Planning BoardMinutes
June 10,2002
Page 2
V. PUBLICHEARTNGS
A, ANNETTE ESTATES by Annette Kaufinan. Request for Preliminary Plat of
2.46 acres into 3 lots. Location: 14758 Staring Lake Parkway.
Franzen gave the staff report. This proposal is for the subdivision of a 2.46-acre
site into three lots to permit the construction of two additional single-family
homes. It meets the requirements of the Comprehensive Guide Plan, and the lots
meet the minimum size of 22,000 square feet in the R1-22 zoning district. The
existing and proposed houses meet City Code for zoning district setback
requirements. The existing house is connected to City sewer and water, and the
proposed houses will be connected to sewer and water, which is available in
Staring Lane. Tree replacement of 43 diameter inches is shown on the plan.
Franzen said the property owner was present to answer questions.
.
Corneille opened the public hearing and asked if anyone wished to speak to the
. Board about this proposal.
Erik Paulsen, 9158 East Staring Lane, said this project is an opportunity to
connect this neighborhood with Staring Lake Park via a trail. There are about 48
homes in the neighborhood, with approximately 62 children, on West and East
Staring Lane. Presently, the only way to get to the park‘is to walk in the right-of-
way along Pioneer Trail, which has a 50-mile-per-hour speed limit. The City
already owns land along the east edge of the most northern proposed lot. Paulsen
said he had talked to Mayor Tyra-Lukens and Councilmember Ron Case. They
supported the construction of a walkway.
.
Steve Hufhan, East 9261 Staring Lane, said his property is south of Annette
Kauhan’s, and he supported the project. Children cut through his property to get
to he park, but this is a safer route than walking next to Pioneer Trail and he did
not mind. He suggested that he and Annette Kauhan work together to
accommodate a three-foot path through their properties. He was willing to ‘give
up some of his property to do so.
Fox said staff has tried to stay true to the City’s Open Space Plan by putting trails
along the City’s right of way, or in 40 foot wide outlots. The City also would
have to figure out what to do when the trail reaches Staring Lake Parkway
because it would come out midway between signalized intersections. Eight feet is
the standard width of trails, which is needed in order to maintain them properly.
Another consideration is that the County plans to upgrade Pioneer Trail sometime
in the fkture. If a trail were built adjacent to that road, it would have to be
removed for the upgrade. Fox said if the neighborhood feels strongly about the
safety of their children, he believed the City and County would be willing to put
in a temporary trail along Pioneer Trail between Staring Lane and Staring Lake
Parkway that would allow people to cross at a signalized intersection.
’sf-
PlaTlnmg BoardMinntes
June 10,2002
Page 3
Huffinan asked what the neighborhood needed to do to secure the possibility of a
temporary trail. Fox responded the neighbors should meet and put together a list
of those in favor of a temporary trail. The City would have to work with the
County because Pioneer Trail is a County road. However, if this were considered
to be a significant safety concern, the County would addressed it.
- Huffinan asked if the County was likely to agree. Gray answered he did not
believe the County would have objections to a trail, as long as the City designs it
and plans to put it in the right-of-way adjacent to the road. However, the County
is in the planning process for upgrading the roadway and might tell the City they
won't do it because they would have to tear out the trail in a few years. Gray said
he didn't know when that would be, but possibly in two- to five years. Hufkan
asked if the trail has to be a paved surface. Fox said he would suggest a hard
surface because otherwise it could be muddy in the spring.
Foote asked Gray if there is adequate right-of-way along Pioneer Trail to put in a
trail at this time, and how would it impact the neighbors along the right-of-way.
Gray responded he would have to take a look at how much right-of-way is
available and the topography. There would have to be sufficient width between
the road and the trail to define it. Adjoining property owners might have
objections to a trail. Existing trees, if they are in the County right-of-way, could
be removed without obtaining permission of the adjoining property owners. The
City would have to do a detailed study of the area.
Nelson asked if it would be possible to put a pedestrian wallway across Staring
Lake Parkway, if a trail were built on the City property rather than along Pioneer
Trail. Gray replied that if that were done, the City would want to use pavement
markings for a crosswalk because it would not be at a signalized intersection.
There would also be signage to indicate a pedestrian crossing.
Nelson wondered how doing that would affect platting of the lots. A 23,000-
square-foot lot is not particularly wide and has minimum setbacks. She couldn't
see taking any land flom that size lot 'to build a walkway. She asked if there is
any other way of dealing with this matter. Fox responded that if 40 feet were
taken off the outlot along the north side of lot 1, then everyhng would shift to the
south. Then a variance would be needed to meet the City's standard lot width. If
the trail were placed between lots 1 and 2, it would take property fiom lots 1, 2
and 3.
Seymour asked Hufhan and Paulsen approximately how many children are
cutting through their yards to get to the park. Huffman said he has seen between
five and ten cut through his yard. Paulsen said there are probably the same
number who uses the north portion of his property. He believed that would be the
most logical place to put a trail because there are no trees in the way.
Planning Board Minutes
June 10,2002
Page 4
Both HufXnan and Paulsen said that taking 40 feet off each of the lots would be
unreasonable. Huffman said he came to the Plauning Board meeting to find out if
a trail could be constructed, not to take land away fiom Annette Kaufban.
Franzen said if a trail were to be built through private property and an outlot
belonging to the City, staff would have to look at whether there are slopes and
significant trees they may have to work around. It would take time to figure out
which way is the most cost-effective. ’
Steppat asked if the City would be liable if anybody were to get hurt on the trail.
Fox replied the trail would have to be in the City-owned outlot so there would be
no question whose property it is, should a liability issue arise.
Foote asked if the 40-feet would be in addition to the 15-foot setback to houses.
Fox responded no; there would be 20 feet from the center in each direction. That
would take care of drainage issues, snowplowing and maintenance, as well as
screening for adjacent properties. There would still be a 15-foot setback to
houses.
Sodt said the only way he could see the trail going through there would be to take
outlots from lots 2 and 3, because lot one is too narrow. That raises the question
of what the City intended to do with the property it owns. Sodt asked if the owner
were willing to donate a portion of her property to the City in lieu of the cash park
fee, would that be an acceptable possibility for creating a path through the present
City-owned property. Franzen said the City has the discretion to accept either
land or the cash fee.
Sodt suggested the Board approve the preliminary plat, with a request that the
owner meet with City officials about what property would be needed for a trail,
what the impact would be relative to what she plans to do with this site, and could
land be donated in lieu of the cash park fee.
Corneille asked what process would be followed to have the trail built next to the
County road, and if that process would be longer than building a trail the owner’s
property. Gray responded there is no certainty that a feasible trail corridor exists.
A feasibility study would be needed. In his experience, the County has never
opposed construction of a trail in their right-of-way. Under County policy, when
they reconstruct a road they build a trail at their expense; and when the City puts
in a trail, the City pays for it. Gray said he has never seen the City build a trail
within the County right-of-way when the County is planning to upgrade the road
in a few years. The County might say the City would have to pay for it now and
again later after reconstruction. Either way, a trail would be built with a life
expectancy of three- to five years.
s
Planning BoardMinutes
June 10,2002 -
Page 5
Franzen said the Planning Board must make a recommendation to the City
Council. The Board should first determine if there is a need for building the trail,
and then direct staff to look at alternatives for the trail, so it could select one
alternative or the other. This proposal would then come back to the June 24
meeting of the Planning Board.
Nelson asked how much a trail like this would cost the City. Gray replied a trail
along the Pioneer Trail corridor might cost $20 to $25 a foot. If easements need
to be purchased fiom private property owners, the cost could be substantially
higher. In addition, there could be a substantial cost to cut down trees and to put
in screening. Nelson asked how many thousands of dollars that might be. Gray
answered there was no way to answer that before looking at all the construction
issues. He was willing to find out what would be feasible, and what would work
best in the long run.
Corneille asked if it would be best to ask for a continuance based on staff coming
back June 24. Franzen said the Board could approve the project with conditions
that could be evaluated by the Council without a recommendation flom the Board.
Or it could'recommend a continuance to the June 24 Planning Board meeting,
with staff to come up with comparisons of the various alternatives, and direct staff
to arrange for a public hearing at the July 2, 2002 Council meeting, in order to
keep the development on schedule.
Scott Nelson, 9161 Staring Lane, had a map showing the topography of the
project area. The northernmost site has a hill on it. Next to it there is a natural
corridor where children now cross to get to Staring Lake Park. He wondered if
children would just continue to use this route, even after money was spent to
construct a trail.
MOTION: Stoelting moved, seconded by Foote, to recommend continuance to
the June 24,2002, Planning Board meeting; that during this continuance to direct
City staff to work with the project proponent, Annette Kaufinan, to look into
incorporating into the plans the need for developing a trail; that staff look at
evaluating alternatives and make a recommendation to the Planning Board at its
June 24,2002 meeting.
Nelson said she questioned forcing one property owner to lose some of his
property for the convenience of the neighborhood, which would penalize the
property owner for his generosity in allowing children to cross. Nelson said she
would also like to have staff directed to see that this property owner is not
penalized for his past generosity. Foote said he believed that would become part
of stfls direction.
Sodt agreed with Nelson about taking property flom one property owner.
However, if the developer would be willing to give up property fiom the
Plmning Board Minutes
June 10,2002
Page 6
development, that would be acceptable. That still doesn’t deal with the problem
of crossing Staring Lake Parkway sdely.
Motion carried 7-0.
Huflinan said he would not want to penalize Annette Kaufman in any way, and
didn’t come to the meeting to stop this project. He just wanted to explore the
possibility of a connection to the Staring Lake Park because it is a land-locked
neighborhood.
’
Corneille thanked him and the other speakers for their comments.
CITYCOUNCILAGENDA
SECTION: Public Hearings
SERVICE AREALDMSION: ITEM DESCRIPTION:
Community Development
Michael D. Franzen
Donald R. Uram Guide Plan Update - Airport Element
DATE: 07-02-02
ITEM NO.:
E ,C,
Requested Action
Move to:
0 Table discussion of the Airport Element of the Guide Plan Update
Synopsis
The final agreement between the City and the Metropolitan Airports Commission has not been
completed.
I
CITY COUNCIL AGENDA
SECTION Payment of Claims
SERVICE AREADMSION: ITEM DESCRIPTION:
Community Development and
Financial ServicesDon Uram
Payment of Claims
DATE:
July 2,2002
ITEM NO.:
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 110830-111221
Wire Transfers 1556-1 568
Background Information
Attachments
City of Eden Prairie
Council Check Summary
07102102 Council
Division Amount
101
102
110
111
112
113
114
115
116
117
130
131
133
135
136
150
151
152
153
154
155
156
157
158
159
160
161
162
163
180
181
184
200
201
202
203
204
301
302
308
31 1
314
405
407
502
506
507
509
51 1
601
602
603
701
702
703
General
Legislative
Legal Counsel
City Clerk
Customer Service
Human Resources
Communication Services
Benefits & Training
Risk Management
Facilities
City Center
Assessing
Finance
Community Development
Information Technology
Wireless Communication
Park Administration
Park Maintenance
Parks Capital Outlay
Athletic Programs
Community Center
Beaches
Youth Programs
Special Events
Senior Center
Recreation Administration
Adaptive Recreation
Oak Point Pool
Arts
Park Facilities
Police
Telecommunicators
Fire
Engineering
Street Maintenance
Street Lighting
Fleet Services
Equipment Revolving
CDBG
HRA Fund
Grant Fund
Liquor Compliance
Park Bonds 1992A, 1993A
Utility Bonds Arbitrage
Park Development
lmprovment Bonds 1996
Construction Fund
CIP Fund
Construction Fund
Prairie Village Liquor
Den Road Liquor
Prairie View Liquor
Water Fund
Sewer Fund
Storm Drainage Fund
Report Totals
E-91 1
412,640
2,401
37,480
8,338
9,524
1,522
229
1,410
8,276
7,778
2,237
365
249
353
1,608
3,715
1,936
18,360
3,883
8,458
14,752
58
1,363
4,258
793
978
227
763
1,444
7,198
21,986
126
9,091
1,933
33,880
694
6,577
42,274
5,128
2,360
24
1,710
662
375
750
231
86,580
47,709
97,946
18,404
66,482
109,733
62,915
197,322
101,531
100,841
1,579,862
City of Eden Prairie
Council Check Register
07102102 Council
Check#
1556
1557
1558
1559
1560
1561
1562
1563
1564
1565
1566
1567
1568
11 0830
11 0831
11 0832
11 0833
11 0834
11 0835
11 0836
11 0837
11 0838
11 0839
11 0840
110841
11 0842
11 0843
1 10844
1 10845
1 10846
11 0847
110848
11 0849
11 0850
110851
11 0852
1 10853
11 0854
110855
11 0856
11 0857
1 10858
11 0859
110861
110862
1 10863
1 10864
11 0865
11 0866
11 0867
11 0869
1 10870
110871
11 0872
1 10873
11 0874
110875
I 10876
1 10877
11 0878
110879
110880
110881
1 10882
I 10868
Amount
63,026
116.723
21,869
15,500
9,534
29
65,297
283
49,000
126,177
23,375
15,425
100
100
100
100
209
44
100
156
2,760
100
5
24
100
4,500
180
1,344
25
78
100
5
108
25
41
145
100
100
153
100
100
60
11
43,952
4,065
2,926
63
35
160
1,260
161
1,100
2,360
1,000
16,765
2,338
142
28
25
50
28
25
11
55
9,384
Vendor
PUBLIC EMPLOYEES RETIREMENT
WELLS FARGO MINNESOTA N A
MINNESOTA DEPT OF REVENUE
ORCHARD TRUST CO AS TRUSTEUCU
ICMA RETIREMENT TRUST457
WELLS FARGO MINNESOTA N A
MINNESOTA DEPT OF REVENUE
MINNESOTA DEPT OF REVENUE
MINNESOTA DEPT OF REVENUE
WELLS FARGO MINNESOTAN A
MINNESOTA DEPT OF REVENUE
ORCHARD TRUST CO AS TRUSTEUCU
ICMA RETIREMENT TRUST-457
ANDERSON, CHARLES
BLOMQUIST, RENAE
BOUND, MICHAEL
CARLSON, LARRY
DAMICO AND SONS
HERMANN, DAWN
HILTON, AMY
IND SCHOOL DlST 272
J.A. PRICE AGENCY INC.
KOSMOS, PETER
KOUPRIANOVA, KATE
KRAEMERS HARDWARE INC
LABORE, JEFF
LEAGUE MN CITIES INS TRUST
LEAGUE OF MINNESOTA CITIES
LOFFLER BUSINESS SYSTEMS INC
LOMBARD, SUZANNE
LOVELL, AMY
MICHAELSON, VICTORIA
MILLS, FREINDE
MI NN EGASCO
PIKE, GILL
SILVERS, LORI
SINELL, STEVE
SNETTING, SHARON
WAHL, TRACI
WEISE, CRAIG A.
ZETZMAN, L. BRADFORD
GENZ RYAN PLUMBING & HEATING
KRAEMERS HARDWARE INC
PERKINS INC
PRAIRIE LAWN AND GARDEN
RICHFIELD, CITY OF
TCALMC
AARP 55 ALIVE MATURE DRIVING
BAYPOINT MANOR
CAMP SNOOPY
SEARS, GREG
WEBER, RANDALL & KATHRYN
WEBER, RANDALL & KATHRYN
WEBER, RANDALL & KATHRYN
ARCH PAGING
BAGELMAN'S NEWYORK BAKERY
BEER, CAROLYN
BURKE, SALLIE
BURKSTRAND, MIKE
CHRISTENSEN. JASON
CHRISTIAN, TIM
FIRE APPARATUS
FITZHARRIS, AMY
WASTE MANAGEMENT-SAVAGE MN
STEWART-HESTER. RENEE
Account Description
Employers PERA
Federal Taxes Withheld
State Taxes Withheld
Deferred Compensation
Deferred Compensation
Miscellaneous
Sales Tax Payable
Motor Fuels
Sales Tax Payable
Federal Taxes Withheld
State Taxes Withheld
Deferred Compensation
Deferred Compensation
Refunds
Refunds
Refunds
Refunds
Miscellaneous
Lessons & Classes
Refunds
Building Rental
Insurance
Refunds
Program Fee
Office Supplies
Refunds
Insurance
Conference Expense
Other Rentals
Program Fee
Program Fee
Refunds
Program Fee
Gas
Program Fee
Lessons & Classes
Travel Expense
Refunds
Refunds
Waste Disposal
Refunds
Refunds
Cash Over/Short
Equipment Parts
Autos
Capital Under $2,000
Autos
Other Contracted Services
Conference Expense
Other Contracted Services
Hope Loan Receivable
Special Event Fees
Hope Loan Receivable
Right of Way & Easement
Right of Way &Easement
Right of Way & Easement
Pager & Cell Phone
Miscellaneous
Program Fee
Org Athletic League Fees
Org Athletic League Fees
Program Fee
Org Athletic League Fees
Dues i3 Subscriptions
Program Fee
Business Unit
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
Den Road Liquor Store
Fleet Services
Den Road Liquor Store
General Fund
General Fund
General Fund
General Fund
Environmental Education
Environmental Education
Environmental Education
Environmental Education
General Facilities
Oak Point Lessons
Environmental Education
Wheelchair Basketball
Risk Management
Environmental Education
Outdoor Center
Softball
Environmental Education
Risk Management
City Council
General
Adult Program
Summer Skill Development
Environmental Education
Outdoor Center
Fire Station #5
Adult Program
Pool Lessons
In Service Training
Environmental Education
Environmental Education
Den Road Liquor Store
Environmental Education
Environmental Education
General Fund
Fleet Services
Water System Maintenance
Capital Outlay Parks
Water System Maintenance
Recreation Administration
In Service Training
Senior Center Program
Hope Loan Damage Deposit
Teen Work Program\
Hope Loan Damage Deposit
Improvement Projects 1996
Improvement Projects 1996
Improvement Projects 1996
Wireless Communication
General Facilities
Summer Skill Development
Volleyball
Volleyball
Summer Skill Development
Volleyball
Fire
Outdoor Center
3
Cify of Eden Prairie
Council Check Register
07102102 Council
Check #
110883
11 0884
110885
110886
110887
I10888
I10889
11 0890
110891
11 0892
110893
110894
110895
110896
11 0897
11 0898
11 0899
11 0900
110901
11 0902
11 0903
11 0904
11 0905
11 0906
I1 0907
11 0908
11 0909
110910
110911
110912
110913
110914
110915
110916
110918
I10919
110920
110921
110922
11 0923
11 0924
11 0925
1 10926
110927
1 10928
11 0929
11 0930
11 0931
1 10932
110933
110934
11 0935
11 0936
110937
11 0938
110939
110940
110941
110942
I 10943
1 10944
1 10945
110946
110947
11 0948
Amount
50
50
49
I00
180
100
100
30
49
165
10,403
75
43
120
100
1,090
46
49
220
28
28
49
123
54
150
1,071
107
3,011
7,341
2,540
18,232
121
277
14,329
14,832
1,900
672
1,161
91
448
3,151
103
8,979
940
2,253
4,863
19,826
1,606
486
1,604
59
24
28
50
122
147
60
3,126
1,580
225
25
80
196
114
25
Vendor
FRIARY, MIKE
GLADFELTER. JEFF
GRACEMAN, JUDITH
HARTFIEL. JANET
HAYDEN. DON
HOFFMAN, RICHARD
IRLBECK, RYAN
JAIN, ANU
JOHNSON, STEPHANY
KATTNER, MARY
LARKIN HOFFMAN DALY & LINDGREN
LAURENT, STEVE
LIMBERG, KRISTY
MCFERRIN, TANYA
MCGUIRE, MICHON
MINNESOTA VALLEY ELECTRIC CO.OP
PETERS, SHELLY
PETERSON, VALERIE
PETTY CASH
SAWYER, NANCY
SCHAFFER, MARJORIE
WALLIS, MELANIE
WEEDMAN, NICOLE
WHITE, NICOLE
ACE ICE COMPANY
ALL SAINTS BRANDS DISTRIBUTING
AMERlPRlDE LINEN &APPAREL SER
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
FAT CHANCE ENTERPRISES
GRAND PERE WINES INC
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
LAKE REGION VENDING
MARK VI1
MIDWEST COCA COLA BOTTLING COM
NEW FRANCE WINE COMPANY
NORTH STAR ICE
PAUSTIS & SONS COMPANY
PEPS1 COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRITS CO
THORPE DISTRIBUTING
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
BAIRD, CYNTHIA
BCA CJlS ID UNIT
BERG, JOSEPH
CHASKA PAR 30
CONLEY, JOYCE
DEGREE, BETH
DHS CODE 192
U<PLORER POST 925
GOVERNMENT FINANCE OFFICERS AS
GULON, EBA
MATTHEISEN, RENEE
MCCARTHY. KATHY
MERLINS ACE HARDWARE
MUENCH, JOHANNA
G & K SERVICES-MPLS INDUSTRIAL
Account Description
Org Athletic League Fees
Org Athletic League Fees
Program Fee
Refunds
Riley Lake Shelter
Refunds
Refunds
Lessons & Classes
Program Fee
Program Fee
Legal
Org Athletic League Fees
Operating Supplies
Instructor Service
Refunds
Electric
Program Fee
Program Fee
Advertising
Program Fee
Program Fee
Program Fee
Miscellaneous
Mileage & Parking
Misc Non-Taxable
Beer
Repair & Maint. Supplies
Liquor
Beer
Wine Domestic
Beer
Misc Taxable
Wine Domestic
Liquor
Liquor
Tobacco Products
Beer
Misc Taxable
Wine Domestic
Misc Non-Taxable
Wine Domestic
Misc Taxable
Wine Domestic
Tobacco Products
Wine Domestic
Liquor
Beer
Wine Domestic
Wine Domestic
Wine Domestic
Program Fee
Other Contracted Services
Program Fee
Special Event Fees
Clothing & Uniforms
Mileage & Parking
Tuition Reimbursement/School
Miscellaneous
Cleaning Supplies
Awards
Program Fee
Lessons & Classes
Program Fee
Repair & Maint Supplies
Program Fee
Business Unit
Volleyball
Volleyball
Summer Skill Development
Environmental Education
Park Facilities
Environmental Education
Environmental Education
Oak Point Lessons
Summer Skill Development
Outdoor Center
Construction Fund
Volleyball
Summer Theatre
Outdoor Center
Environmental Education
Street Lighting
Summer Skill Development
Summer Skill Development
Art & Music
Summer Skill Development
Summer Skill Development
Summer Skill Development
Youth Programs Administration
Therapeutic Recreation
Prairie View Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store '
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Summer Skill Development
Finance
Afternoon Playground
Summer Skill Development
Police
Riley Lake Beach
Police
Reserves
Water Treatment Plant
Finance
Preschool Playground
Pool Lessons
Camps
Maintenance
Preschool Playground
City of Eden Prairie
Council Check Register
07102102 Council
Check#
110949
110950
110951
110952
110953
I 10954
110955
110956
11 0957
110958
11 0959
110960
110961
110962
110963
110964
110965
110966
110967
110968
I 10969
110970
11 0971
11 0972
1 10973
11 0974
11 0975
11 0976
110977
110978
11 0979
110980
110981
110982
110983
110984
110986
110987
110988
110989
110990
110991
110992
110993
110994
110995
110996
110997
110998
110999
111000
111001
111002
111003
111004
111005
111006
111007
111008
111009
111010
111011
111012
111013
111014
Amount
36
562
34
35
100
269
600
3,000
90
185
25
50
4,090
1
95
2,000
42
385
40
167
350
130
165
60
100
55
778
31 0
37,310
26
31
1,861
208
1,650
35
1,200
8,823
130
1,787
30
18
46,455
1,960
1,710
50
693
222
1,581
375
24
199
5
1,038
6
46,075
21,751
18
240
63
290
8,005
9,254
17
198
436
Vendor
MURPHY, JOAN
NILSSON, BETH
OFFICE DEPOT CREDIT PLAN
ORLOW, BRENDA
OlTERNESS, RON
PADDLE MASTERS
POSTAGE BY PHONE RESERVE ACCOU
RAIN SNOW & SHINE
SAYLOR, JOELLEN
SCHEPER, PAUL
SNELL, SARAH
STANDARD HEATING &AIR COND CO
STAR TRIBUNE
TEKIELA, STAN
TEMPORARY HEROES INC
TORKELSON, MARILYNN
UNIVERSITY OF MINNESOTA
USPCA REGION 12
WELLS FARGO HOME MORTGAGE INC
WIEGAND, JANE
WRIGHT, KAREN
XCEL ENERGY
ZABLOSKI, BRADLEY
ZETTEL, BARBARA
99DOGS.COM
AARP 55 ALIVE MATURE DRIVING
AKIN GUMP STRAUSS HAUER & FELD
AMERICAN EXPRESS PUBLISHING
AMUNDSON, DENISE
ASPEN WASTE SYSTEMS INC.
BACHMANS CREDIT DEPT
BASSFORD LOCKHART TRUESDELL &
BECKLUND JEWELERS
BIAGGI'S RISTORANTE ITALIAN0
BlFFS INC
DAVANNI'S PIZZA
DELL MARKETING L.P.
DEPT OF LABOR & INDUSTRY
DISH NETWORK
EBERT CONSTRUCTION
EXCEL LANDSCAPING INC
FILE OF LIFE INC
GOBLIRSCH, TOM
GOPHER STATE ONE-CALL INC
HAMMERLIND, PETE
HENNEPIN CNTYTREAS - GENERAL
HENNEPIN TECHNICAL COLLEGE
HYDE, MARY
IOS CAPITAL
IPMA MINNESOTA
JOHNSON, BEN
LEWIS, SHELLY
LONSDALE PAINTING & DECORATING
MINNESOTA DEPT OF HEALTH
MINNESOTA DEPT OF PUBLIC SAFET
MINNESOTA POLLUTION CONTROL AG
ORIENTAL TRADING COMPANY INC
PEPSE
PRAIRIE PARTNERS SIX LLP
PRAIRIEVIEW RETAIL LLC
QUICKSILVER EXPRESS COURIER
UNITED HEALTHCARE SERVICES INC
VERIZON DIRECTORIES CORP
PETTY CASH-POLICE DEPT
WASTE MANAGEMENT-SAVAGE MN
Account Description
Lessons & Classes
Instructor SeM'ce
Operating Supplies
Program Fee
Instructor Service
Instructor Service
Miscellaneous
Postage
Special Event Fees
Lessons & Classes
Org Athletic League Fees
Org Athletic League Fees
Other Contracted Services
Misc Non-Taxable
Instructor Service
Other Contracted Services
Program Fee
Conference Expense
Dues & Subscriptions
Waste Disposal
Right of Way & Easement
Round Lake Pavilion
Program Fee
Electric
Refunds
Program Fee
Operating Supplies
Other Contracted Services
Legal Counsel Airport
Misc Non-Taxable
AR Utility
Waste Disposal
Landscape MaterialsISupp
Legal
Operating Supplies
Miscellaneous
Waste Disposal
Special Event Fees
Computers
Licenses & Taxes
Cable TV
Building
Other Contracted Services
Operating Supplies
Org Athletic League Fees
Other Contracted Services
Tuition ReimbursemenWSchool
Printing
Tuition ReimbursemenWSchool
Program Fee
Other Rentals
Conference Expense
Other Contracted Services
Copies
Other Contracted Services
Miscellaneous
Bike Registrations
Improvement Contracts
Operating Supplies
Operating Supplies
Building Rental
Building Rental
Postage
Employee Assistance
Advettising
Business Unit
Pool Lessons
Ice Arena
Wireless Communication
Summer Safety Camp
Outdoor Center
Outdoor Center
Liquor Compliance
General
Summer Skill Development
Pool Lessons
Volleyball
Volleyball
2000 Rehab
Prairie View Liquor Store
Outdoor Center
July 4th Celebration
Tennis
In Service Training
Police
Prairie Village Liquor Store
Improvement Projects 1996
Park Facilities
Outdoor Center
Traffic Signals
Environmental Education
Outdoor Center
Pool Special Events
Senior Center Program
Airport
Prairie View Liquor Store
Water Enterprise Fund
Public WorksIParks
Reforestation
Improvement Projects 1996
Liquor Compliance
Prairie View Liquor Store
Park Maintenance
Senior Center Program
Police
Fleet Services
Ice Arena
Capital Impr. I Maint. Fund
Park Maintenance
Grant Fund
Volleyball
Sewer System Maintenance
In Service Training
Police
Police
Senior Center Program
Fire
In Service Training
2000 Rehab
General Fund
Capital Impr. I Maint. Fund
Water System Sample
General Fund
Improvement Projects 1996
Parks & Rec Month
Special Initiatives
Prairie Village Liquor Store
Prairie View Liquor Store
General
Employee Benefits
Prairie View Liquor Store
5
City of Eden Prairie
Council Check Register
07/02/02 Council
Check t:
111015
111016
111017
111018
111019
111020
111021
111022
111023
111024
111025
111026
111027
111028
111029
111030
111031
111032
111033
111034
111035
111036
111037
11 1038
111039
111040
111041
111042
111043
111044
111045
111046
111047
11 1048
111049
111050
111051
111052
111053
111054
111055
111056
111057
1 11058
111059
111060
111061
111062
111063
111064
111065
111066
111067
111068
111069
111070
111071
111072
111073
111074
111075
111076
111077
111078
111079
Amount
6
2,044
6,384
302
15
18,835
51 9
150
197
332
249
350
190,460
1,280
9,736
345
300
783
60
31
1,726
48
145
1,092
158
1,001
476
900
472
1,017
238
1,200
111
884
520
170
1,372
280
585
138
1,316
373
3,198
2,953
1,750
1,031
112
3,703
1,927
2,614
341
561
661
312
1,302
265
30
1,955
1 1,695
1,101
286
300
852
347
12,992
Vendor
VISIONARY ALLIANCE GROUP
XCEL ENERGY
ICERINK SUPPLY CO
99DOGS.COM
ALLIED FIRESIDE INC
DE LAGE LANDEN FINANCIAL SERVI
FORTIN CONSULTING INC
GE CAPITAL
HENNEPIN COUNTY I/T DEPT
HOME DEPOTIGECF
IND SCHOOL DlST#625
MACQUEEN EQUIPMENT INC
METRO SALES INCORPORATED'
MINNESOTA STATE TREASURER
OSNESS CONSTRUCTION
PITNEY BOWES INC
SENSIBLE LAND USE COALITION
WEDGE, DENNIS
A TO Z RENTAL CENTER
AAA LAMBERTS LANDSCAPE PRODUCT
ACME WINDOW CLEANING INC.
AIRLIFT DOORS INC.
ANCHOR PAPER COMPANY
ANCHOR PRINTING COMPANY
ANDERBERG, CRAIG W.
AQUA CITY PLUMBING AND HEATING
AQUA ENGINEERING INC
AZTECH EMBROIDERY SERVICES
BARTZ, GERALD
BAUDVILLE
BAUER BUILT TIRE AND BATTERY
BCNFORENSIC SCIENCE LABORATOR
BITSTREAM UNDERGROUND
BRAUN INTERTEC CORPORATION
BRION, ED
BROWN, PAUL
BRYAN ROCK PRODUCTS INC
CARLSON TRACTOR AND EQUIPMENT
CDW GOVERNMENT INC.
CEMSTONE
CENTRAIRE INC
CHAD NESTOR &ASSOCIATES
CHALLENGE PRINTING INC
CHANHASSEN BUMPER TO BUMPER
CIDERTECH
CLAREYS INC
COMARK GOVT & EDUCATION SALES
CONCRETE CUTTING &CORING INC
CONNEY SAFETY PRODUCTS
CONSTRUCTION BULLETIN
CONSTRUCTION MATERIALS INC
CORPORATE EXPRESS
CUB FOODS EDEN PRAIRIE
CULLIGAN
CUSTOM CONVEYOR CORPORATION
CY'S UNIFORMS
DECORATIVE DESIGNS INC
DESAULNIERS, DAN
DIXIE CARBONIC INC
DRISWLLS NEWMARKET
DRT TRANSPORT
CUMMINGS CHRYSLER - DODGE, INC
PETTY CASH-NICOLE WEEDMAN
WORK CONNECTION-BPARK
CUTLER-MAGNER COMPANY
Account Description
Training Supplies
Principal
Capital Under $2,000
Operating Supplies
Cash OverIShort
Autos
Other Rentals
Other Contracted Services
Other Rentals
Soflware Maintenance
Small Tools
Other Contracted Services
Autos
Other Rentals
Building Surcharge
Cash OverIShorI
Petty Cash & Change Funds
Other Rentals
Miscellaneous
Cash OverlShort
Other Contracted Services
Equipment Repair & Maint
Landscape MaterialslSupp
Building Repair & Maint.
Building Repair & Maint.
Office Supplies
Printing
Other Contracted Services
Other Contracted Services
Other Contracted Services
Clothing & Uniforms
Other Contracted Services
Operating Supplies
Tires
Tuition ReimbursemenffSchool
Other Contracted Services
Testing - Soil Boring
Other Contracted Services
Other Contracted Services
Gravel
Equipment Parts
Operating Supplies
Repair & Maint. Supplies
Equipment Repair & Maint
Other Contracted Services
Printing
Equipment Parts
Other Contracted Services
Repair & Maint. Supplies
Capital Under $2,000
Small Tools
Cleaning Supplies
Legal Notices Publishing
Repair & Maint. Supplies
Office Supplies
Operating Supplies
Equipment Parts
Equipment Repair & Maint
Chemicals
Clothing & Uniforms
Other Contracted Services
Other Contracted Services
Chemicals
Operating Supplies
Other Contracted Services
Business Unit
Police
Traffic Signals
Maintenance
Pool Special Events
General Fund
Public Safety
General
Environmental Education
General
Information Technology
General Facilities
In Service Training
Storm Drainage
General
General Fund
General Fund
General Fund
General
In Service Training
General Fund
Park Maintenance
Park Maintenance
Water System Maintenance
Public WorkslParks
Maintenance
General
Summer Theatre
Soflball
Water Treatment Plant
Water Treatment Plant
Community Center Admin
Volleyball
Parks & Rec Month
Fleet Services
Police
Airport
Charlson Area Construction
Softball
Park Facilities
Storm Drainage
Fleet Services
Police
Sewer System Maintenance
Senior Center
July 4th Celebration
Fire
Fleet Services
Records Management
Park Maintenance
Elections
Street Maintenance
Water Treatment Plant
Improvement Projects 1996
Storm Drainage
General
Fire
Wireless Communication
Water Treatment Plant
Water Treatment Plant
Police
Water Treatment Plant
Soflball
Water Treatment Plant
Fire
Lime Sludge
City of Eden Prairie
Council Check Register
07/02102 Council
Check#
iiioao
111082
111083
111084
111085
111086
111087
111088
iiioag
111081
111090
111091
111092
111093
111094
111095
111096
111097
111099
111100
111101
111102
111103
111104
111105
111106
111107
111109
111110
111111
111112
111113
111114
111115
111116
111117
111119
111120
111121
111122
111123
111124
111125
111126
111127
111129
111130
111131
111132
111133
111134
111135
111136
111137
111139
111140
111141
111142
111143
111144
iiioga
iiiioa
111118
111128
iiii3a
Amount
759
612
168
1,311
54
1,473
92
21 5
51
10
31
34
16
326
1,443
14
138
13,939
5,895
353
200
1,048
47
266
231
5
22
463
1,016
1,733
760
501
51
60
125
916
441
101
126
1,553
75
295
75
27
71
1,533
560
3,860
555
157
6,692
272
5,255
1,620
260
940
1,075
2,541
173
3,877
308
548
2,584
I ,848
838
Vendor
DYNA SYSTEMS
EARL FANDERSEN INC
EDEN PRAIRIE TAILOR & SHOE REP
EF JOHNSON
ELECTION SYSTEMS &SOFTWARE IN
EMED COMPANY INC
EULCS MANUFACTURING CO INC
FASTSIGNS
FERRELLGAS
FIKES HYGIENE SERVICES
FLYING CLOUD ANIMAL HOSPITAL
FRANKLIN COVEY CO.
FUN EXPRESS
GIRARD'S BUSINESS MACHINES INC
GREATAMERICA LEASING CORP.
HACH COMPANY
HALDEMANN HOMME INC
HAMILTON, MICHAEL
HANSEN THORP PELLINEN OLSON
HAWKINS WATER TREATMENT GROUP
HENNEPIN COUNTY TREASURER
HENRY, PAUL
HIGLEY, STEVE
HIRSHFIELDS PAINT MANUFACTURIN
HYDROLOGIC
INDUSTRIAL LIGHTING SUPPLY INC
INFRATECH
INGRAHAM & ASSOC
INTERNATIONAL CHECK SERVICES I
ITS A KEEPER
J & H BERGE INC
J A PRICE AGENCY INC
J H LARSON ELECTRICAL COMPANY
JANEX INC
JEFFERSON FIRE & SAFETY INC
JOHN HENRY FOSTER MINNESOTA IN
KELLER FENCE COMPANY INC
KINDERPRINT CO INC
KNUTSON, BRAD
KRAEMERS HARDWARE INC
KREATIVE ACRYLICS
KUSTOM SIGNALS INC
LAKELAND ENGINEERING EQUIP CO
LAKELAND FORD TRUCK SALES
LANDS END CORPORATE SALES
LAN0 EQUIPMENT INC
LHB ENGINEERS &ARCHITECTS
LOVEGREEN INDUSTRIAL SERVICES
M SHANKEN COMMUNICATIONS INC
MIA ASSOCIATES
MARKS CERTICARE AMOCO
MCGREGOR, RANDY
MENARDS
METRO ATHLETIC SUPPLY
METRO CONCRETE RAISING INC
METROPOLITAN FORD
MIDWEST ASPHALT CORPORATION
MlNN BLUE DIGITAL
MINNEAPOLIS COMM &TECH COLLEG
MINNESOTA CONWAY
MINNESOTA LIMITED INC
MINNESOTA PIPE AND EQUIPMENT*
MINNESOTA ROADWAYS CO
MAXI-PRINT INC
MED-COMPASS INC.
Account Description
Lubricants &Additives
Signs
Operating Supplies
Equipment Repair & Maint
Capital Under $2,000
Safety Supplies
Repair & Maint. Supplies
Operating Supplies
Motor Fuels
Operating Supplies
Canine Supplies
Oftice Supplies
Operating Supplies
Oftice Supplies
Other Rentals
Operating Supplies
Printing
Other Contracted Services
Design & Engineering
Chemicals
Operating Supplies
Other Contracted Services
Other Contracted Services
Operating Supplies
Repair & Maint. Supplies
Building Repair & Maint.
Operating Supplies
Improvements to Land
Other Contracted Services
Employee Award
Protective Clothing
Insurance
Building Repair & Maint.
Capital Under $2,000
Small Tools
Other Contracted Services
Other Contracted Services
Operating Supplies
Other Contracted Services
Small Tools
Operating Supplies
Equipment Repair & Maint
Equipment Parts
Equipment Parts
Clothing & Uniforms
Other Rentals
Other Contracted Services
Other Contracted Services
Misc Non-Taxable
Equipment Parts
Other Contracted Services
Printing
Other Contracted Services
Employment Support Test
Building Materials
Operating Supplies
Mudjacking Curbs
Equipment Parts
Patching Asphalt
Operating Supplies
Tuition ReimbursementlSchool
Equipment TestinglCert.
Testing - Soil Boring
Repair & Maint Supplies
Patching Asphalt
Business Unit
Water Treatment Plant
Traftic Signs
Police
Wireless Communication
Elections
Water Treatment Plant
Storm Drainage
Prairie View Liquor Store
Ice Arena
Prairie View Liquor Store
Police
General
July 4th Celebration
General
General
Water Treatment Plant
Assessing
Soflball
Construction Fund
Water Treatment Plant
Community Development
Soflball
Soflball
Park Maintenance
Park Maintenance
Water Treatment Plant
Storm Drainage
Park Acquisition & Development
Prairie Village Liquor Store
Human Resources
Water Treatment Plant
Risk Management
City Center Operations
General Facilities
Fire
Water Treatment Plant
Water Storage - Baker Rd.
Police
Soflball
Water Treatment Plant
Recreation Administration
Police
Water Treatment Plant
Fleet Services
Telecommunicators
Street Maintenance
Capital Impr. I Maint. Fund
Water Treatment Plant
Prairie View Liquor Store
Water Treatment Plant
Fleet Services
Police
Soflball
Fire
Street Maintenance
Park Maintenance
Drainage
Fleet Services
Street Maintenance
Engineering
Police
Fleet Services
Improvement Projects 1996
Water System Maintenance
Street Maintenance
7 7
City of Eden Prairie
Council Check Register
07/02/02 Council
Check#
111145
111146
111147
111148
111149
111150
111151
111152
111153
111154
111155
111156
111157
111158
111159
111160
111161
111162
111163
111164
111165
111166
111167
111168
111169
111170
111171
111172
111173
111174
111175
111176
111177
111178
111179
111180
111181
111182
111183
111184
111185
111186
111187
111188
111189
I11190
111191
111192
111193
111194
111195
111196
111197
111198
111199
111200
111201
111202
111203
111204
111205
111206
111207
111208
111209
Amount
94
485
120
319
150
54
2,210
2,830
278
887
744
106
299
676
117
478
83
21
7,646
59
6,861
139
295
80
1,220
60
7
1,433
27
290
53,260
98
80
25
54,387
359
1,964
228
2,206
484
689
47,951
229
5,145
572
63
239
236
1,487
770
646
13,350
106
79
303
164
3,168
17,875
4,831
222
120
361
2,076
175
5,341
Vendor
MINNESOTA RURAL WATERASSOCIAT
MINNESOTA TROPHIES & GIFTS
MINNESOTA WANNER COMPANY
MOORE MEDICAL CORP
MPLS HEART INSTITUE FOUNDATION
MTI DISTRIBUTING INC
MUNICIPAL EMERGENCY SERVICES
MWH AMERICAS INC
NATIONWIDE ADVERTISING SERVICE
NATURAL REFLECTIONS VI1 LLC
NEUMANN, NEAL
NORTHERN TOOL & EQUIPMENT CO.
NORTHSTAR REPRO PRODUCTS INC
NORTHWEST BUSINESS SYSTEMS
NORTHWEST RESPIRATORY SERVICE
OLSEN COMPANIES
OS1 BATTERIES INC
PAPER WAREHOUSE
PARROTT CONTRACTING INC
PETSMART
PRAIRIE ELECTRIC COMPANY
PRAIRIE LAWN AND GARDEN
PRAIRIE OFFSET PRINTING
PRINTERS SERVICE INC
PUBLIC SAFETY EQUIPMENT CO
RAIN SNOW & SHINE
RAINBOW FOODS INC.
RAY, LEE
RIGID HITCH INCORPORATED
RlTZ CAMERA
RMR SERVICES INC
SALLY DISTRIBUTORS
SAVOIE SUPPLY CO INC
SCIENCE KIT & BOREAL LABORATOR
SHORT ELLIOT HENDRICKSON INC
SNELL MECHANICAL INC
SOFTWARE HOUSE INTERNATIONAL I
SOUTHWEST SUBURBAN CABLE COMMl
SNAP-ON TOOLS
SOUTHWEST SUBURBAN PUBLISHING-
SOUTHWEST SUBURBAN PUBLISHING-
SRF CONSULTING GROUP INC
STEVE LUCAS PHOTOGRAPHY
STREICHERS
SUBURBAN LIGHTING
SUBURBANPROPANE
TAPE COMPANY, THE
TESSCO
TESSMAN SEED CO
THYSSENKRUPPELEVATOR
TIMBERWALL LANDSCAPING INC
TKDA
TOLL GAS AND WELDING SUPPLY
TRAFFIC CONTROL CORPORATION
TWIN CITY FILTER SERVICE INC
TWIN CITY OXYGEN CO
UNIFORMS UNLIMITED
UNITED RENTALS HIGHWAY TECHNOL
US FILTEWATERPRO
VESSCO INC
VlSlONlCS CORPORATION
WVR INTERNATIONAL INC
WALTERS SWIM SUPPLIES INC.
WATSON CO INC, THE
WEBBER RECREATIONAL DESIGN INC
Account Description
Operating Supplies
Operating Supplies
Equipment Repair & Maint
Safety Supplies
Other Contracted Services
Operating Supplies
Protective Clothing
Design & Engineering
Employment Advertising
Other Contracted Services
Other Contracted Services
Equipment Repair & Maint
Operating Supplies
Equipment Repair & Maint
Safety Supplies
Repair & Maint. Supplies
Repair & Maint. Supplies
Operating Supplies
Other Contracted Services
Canine Supplies
Capital Under $2,000
Operating Supplies
Printing
Repair & Maint. Supplies
Equipment Repair & Maint
Special Event Fees
Operating Supplies
Other Contracted Services
Small Tools
Video & Photo Supplies
Equipment Parts
Recreation Supplies
Operating Supplies
Operating Supplies
Design & Engineering
Small Tools
Equipment Repair & Maint
Software
Dues & Subscriptions
Employment Advertising
Advertising
Design & Engineering
Other Contracted Services
Training Supplies
Equipment Repair & Maint
Motor Fuels
Video & Photo Supplies
Operating Supplies
Chemicals
Other Contracted Services
Building Materials
Other Contracted Services
Repair & Maint. Supplies
Operating Supplies
Building Repair & Maint.
Lubricants &Additives
Clothing & Uniforms
Contracted Striping
Repair & Maint. Supplies
Equipment Repair & Maint
Equipment Repair & Maint
Operating Supplies
Clothing & Uniforms
Merchandise for Resale
Capital Under 52,000
Business Unit
Water Utility - General
Police
Park Maintenance
Fire
Human Resources
Park Maintenance
Fire
Storm Drainage Projects
Human Resources
Water Treatment Plant
Softball
Park Maintenance
Engineering
Fleet Services
Fire
Water System Maintenance
Water System Maintenance
Police
Water System Maintenance
Police
Outdoor Center
Street Maintenance
Assessing
Ice Arena
Police
Summer Skill Development
Senior Center Program
Softball
Fleet Services
Human Resources
Water Meter Repair
Senior Center Program
Water Treatment Plant
Water Treatment Plant
Improvement Projects 1996
Fleet Services
Maintenance
Information Technology
City Council
Human Resources
Staring Lake Concert
Charlson Area Construction
Communication Services
Police
Park Maintenance
Fleet Services
Human Resources
Wireless Communication
Park Maintenance
Water Treatment Plant
Richard T. Anderson Cons. Area
Water System Maintenance
Park Maintenance
Traffic Signals
Water Treatment Plant
Fleet Services
Police
Traffic Signs
Water System Maintenance
Water Treatment Plant
Police
Water Treatment Plant
Pool Operations
Concessions
Capital Impr. / Maint. Fund
B
City of Eden Prairie
Council Check Register
07/02102 Council
Check #
111210
111211
111212
111213
111214
111215
111216
111217
111218
111219
111220
111221
Amount
1,125
6,955
243
2,155
321
160
1,366
4,043
4,874
500
698
516
1,579,862
Vendor
WELLS FARGO BANK MINNESOTA NA
WERNER ELECTRIC SUPPLY CO.
WEST WELD
WESTSIDE OUTDOOR MAINTENANCE
WESTWOOD PROFESSIONAL SERVICES
WHOLESALE ART AND FRAMING
WM MUELLERAND SONS INC
YALE INCORPOFATED
YOCUM OIL COMPANY INC
ZAHN, GERALD
ZIEGLER INC
ZOELLNER. MARK
Grand Total
Account Description
Paying Agent
Software
Equipment Parts
Improvement Contracts
Design & Engineering
Video & Photo Supplies
Repair & Maint. Supplies
Equipment Repair & Maint
Other Contracted Services
Other Contracted Services
Equipment Repair & Maint
Other Contracted Services
Business Unit
Utility Bonds Arbitrage
Water Treatment Plant
Fleet Services
Improvement Projects 1996
Construction Fund
Human Resources
Sewer System Maintenance
Water Treatment Plant
Water Treatment Plant
Volleyball
Water Treatment Plant
Softball