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City Council - 06/18/2002 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 18, 2002 7:00 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 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum will be held the first and third Tuesday of the month from 6:30 – 7:00 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 notify 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 7:00 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.1.) 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.1. DISCUSSION ON SMOKE-FREE AIR ORDINANCE to follow item XIII.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 CITY COUNCIL MEETING 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 4/VALLEY VIEW ROAD PROJECT, I.C. 96-5405 CITY COUNCIL MEETING June 18, 2002 Page 3 G. APPROVE EXCEL ENERGY CONSTRUCTION CONTRACT FOR INSTALLATION OF STREET LIGHTS ALONG PORTIONS OF PRAIRIE CENTER DRIVE AND TECHNOLOGY DRIVE, I.C. 95-5385 H. APPROVE INSTALLATION OF AN AERATION SYSTEM WITHIN THE CONSERVATION EASEMENT FOR SHADY OAK ESTATES I. ADOPT RESOLUTION NO. 2002-113 AUTHORIZING THE SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS J. APPROVE CHANGE ORDER FOR REMOVAL AND DISPOSAL OF ABOVEGROUND IMPROVEMENTS AT THE OLD POLICE STATION K. AWARD CONTRACT TO GREAT DANE/KOLSTAD FOR THE PURCHASE OF A NEW EMERGENCY RESPONSE UNIT VEHICLE L. ADOPT RESOLUTION NO. 2002-114 AUTHORIZING EXECUTION OF THE 2003 JOINT COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STS CONSULTANTS LTD. FOR 2002/2003 BOG-MONITORING PROGRAM AT BEARPATH N. APPROVE SALE OF A 1978 SUTPHEN AERIAL PLATFORM TRUCK TO THE CITY OF MINNETONKA O. AUTHORIZE ONE-YEAR LEASE EXTENSION WITH PRAIREVIEW RETAIL LLC, FOR LIQUOR STORE AT PRAIRIE VIEW MALL (RAINBOW) P. AWARD BID FOR PURCHASE AND REMOVAL OF HOUSE AT 18700 FLYING CLOUD DRIVE Q. 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) CITY COUNCIL MEETING 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 MAC 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 further 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 wonderful 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. CITY COUNCIL MEETING June 18, 2002 Page 5 Mosman asked if architects thought about a connection 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 “warm 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 Dunn 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 fruition. 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 CITY COUNCIL MEETING June 18, 2002 Page 6 • Approve 1st 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 • 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 if this 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. CITY COUNCIL MEETING 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. CITY COUNCIL MEETING 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. FIRST READING OF AN ORDINANCE AMENDING CITY CODE 9.14 RELATING TO PHOSPHORUS FERTILIZER 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 1st reading of an Ordinance amending City Code Section 9.14 to clarify phosphorus containing fertilizer usage restrictions and adding fertilizer sale restrictions. Motion carried 5-0. CITY COUNCIL MEETING 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. 2002-116 for Site Plan Review) Case said as a reminder, anytime 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 COMMUNICATIONS 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. Payment 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 from $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 after March 1st, 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 if there 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. CITY COUNCIL MEETING 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 1st 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 COMMUNITY 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 funding 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 from 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 from the City ($50,000 this year CITY COUNCIL MEETING June 18, 2002 Page 11 and next year, and balance donated by HFT 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 from bars, but to keep it negligible in smoke-free areas. Luse said it’s as much a political issue as it is a health issue and read the following prepared statement: “Eden Prairie Smoking Ban, Survey Research – David Luse position CITY COUNCIL MEETING June 18, 2002 Page 12 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. In an issue with so many conflicting interests – personal health, the economic health of a community, personal freedoms, 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 afraid 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 from 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 confuse the issue with sunset provisions and phase-ins and phase-outs. 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. 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 CITY COUNCIL MEETING June 18, 2002 Page 13 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 in the context of the question asked 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. Mosman encouraged the Chamber to expedite their process. CITY COUNCIL MEETING June 18, 2002 Page 14 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.