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City Council - 04/17/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 13, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 PM. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming May 5, 2012 as Arbor Day in the City of Eden Prairie. She noted Eden Prairie has always been a strong promoter of forests and trees and was one of the first cities to implement a tree ordinance. B. WEBSITE LAUNCH Joyce Lorenz, Communications Director, said the website was last updated about seven years ago. Traffic on the website has steadily increased and currently has about 40,000 visitors each month. The website is a Section 508 compliant site for persons with disabilities and is accessible to smart phones and tablets. She thanked City staff members who have worked tirelessly on the project over the past year. Tyra-Lukens introduced a video of the new website, edenprairie.org. After the video tour completed, she said the website looks really good and is a very content rich website. She noted we welcome feedback from the public on the new site. Case said he was really impressed by the new website. He asked if there are plans to add additional photos and enhancements in some of the areas. Lorenz said now that the website has been launched, they will begin the process to add more photos. CITY COUNCIL MINUTES April 17, 2012 Page 2 Aho complimented staff on the website. He said it looks great and has excellent navigation. Nelson said it seems to be a lot easier to find things although she, too, would like to see photos on every page. Butcher Wickstrom was impressed by all the information and how all of it is brought into focus. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens said she was contacted by the Transit for Livable Communities organization to express their concern about bonding for the Southwest LRT. They are asking people to sign an online petition for the project at southwestlrtnow.com. She also encouraged people to sign up on the Mayors' Water Challenge website and to check out ways to save money on water and energy costs. At this point Eden Prairie has the most signups for cities of our size in the Midwestern region. Case added Item XIV.A.1. Traffic Issues. Getschow added Item XIV.B.1. Update on League of Minnesota Cities Communication Sessions. Getschow said Item IX.D. is a public hearing to approve a City application to DEED for a Minnesota Investment Fund grant to Alixa RX in Eden Prairie. A notice of the public hearing was published but it was left off tonight's agenda. The information was distributed tonight on goldenrod paper. There are also three revised resolutions for Items IX.A., VIII.B., and VIII.J. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 20, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, March 20, 2012 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2012 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 20, 2012 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Rosow said he has reviewed and approved the amended articles of incorporation for Item VIII.O. but they were not quite ready to be included in the packet. He recommended the Council continue with the approval of the item tonight. CITY COUNCIL MINUTES April 17, 2012 Page 3 Nelson asked what it meant to declare police canine as surplus property (Item VIII.S.). Rosow said there is a procedure under City code by which we dispose of property we no longer need. This is the procedure we must follow to retire the dog. He said the dog will go to a good home. A. CLERK'S LICENSE LIST B. NEW HORIZON ACADEMY by Rylaur, LLC on behalf of Blue Hills Solutions, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.17 acres and Zoning District Amendment within the Neighborhood Commercial Zoning District on 1.17 acres ; Resolution for Site Plan Review on 1.17 acres. Location: Southeast corner of Dell Road & Linwood Ct. (Ordinance No. 8-2012-PUD-5-2012 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2012-59 for Site Plan Review) C. ADOPT RESOLUTION NO. 2012-60 APPROVING FINAL PLAT OF CITY WEST CORPORATE ADDITION D. ADOPT RESOLUTION NO. 2012-61 APPROVING FINAL PLAT OF NOTTING HILL E. APPROVE FINAL CHANGE ORDER FOR STRUCTURAL STRENGTHENING OF THE SALT/SAND STORAGE FACILITY F. ADOPT RESOLUTION NO. 2012-62 ACTIVATING A DEFERRED SPECIAL ASSESSMENT G. AWARD CONTRACT FOR STREET STRIPING TO HIGHWAY TECHNOLOGIES H. AWARD CONTRACTS FOR MAINTENANCE MATERIALS I. APPROVE SERVICE AGREEMENT WITH VOLT FOR WATERCRAFT INSPECTIONS J. RECEIVE PETITION FROM GRACE CHURCH FOR MITCHELL ROAD IMPROVEMENTS (Resolution No. 2012-63) K. APPROVE CONTRACT WITH MAGNEY CONSTRUCTION FOR WELL#8 PLUMBING L. APPROVE APPRAISED VALUES FOR SHADY OAK ROAD EASEMENT ACQUISITIONS M. ADOPT RESOLUTION NO. 2012-64 ENDORSING FUNDING APPLICATION FOR SHADY OAK ROAD IMPROVEMENTS CITY COUNCIL MINUTES April 17, 2012 Page 4 N. AUTHORIZE THE SALE OF EXCESS PROPERTY (SKATE PARK EQUIPMENT) O. ADOPT RESOLUTION NO. 2012-65 APPROVING AMENDED ARTICLES AND BYLAWS OF THE EDEN PRAIRIE FOUNDATION P. APPROVE CONTRACT FOR CARPENTRY SERVICES PROVIDED BY HENNEPIN TECHNICAL COLLEGE STUDENTS FOR CONSTRUCTION OF A GAZEBO AT THE SMITH DOUGLAS MORE PROPERTY Q. APPROVE 2011 UNBUDGETED FUND TRANSFERS R. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR AUTOMATED TELLER MACHINES AT CITY CENTER AND COMMUNITY CENTER S. DECLARE POLICE CANINE AS SURPLUS PROPERTY T. ACCEPT EXTENSION OF 2009 HOMELAND SECURITY GRANT U. ACCEPT 2011 HOMELAND SECURITY GRANT V. APPROVE CONTRACT WITH IMPACT FOR THE PRINTING AND MAILING OF UTILITY BILLS MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-V on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. MITCHELL ROAD IMPROVEMENTS (CSAH 1/PIONEER TRAIL TO CSAH 4/SPRING ROAD) (Resolutions No. 2012-66 and 2012-67) Getschow said official notice of this public hearing was published in the April 5 and 12, 2012, Eden Prairie News and sent to two property owners. The City Engineer has prepared a feasibility study for street, trail, and utility improvements on Mitchell Road from CSAH No. 1 (Pioneer Trail) to about 800 feet north of CSAH No. 4 (Spring Road). A portion of these improvements are an obligation of Grace Church as described in their Developer's Agreement dated October 3, 2000. In addition, the Metropolitan Airport Commission (MAC) will contribute their share of the improvements at the time of development of their adjacent property. Ellis said the road improvements are for a 1500 foot length of Mitchell Road, a section that is one of the worst roads in the City. He said the planned improvements will include curb and gutter, trails, turn lanes and utilities. The improvements will cost approximately $800,000. Grace Church, MAC, Hennepin County and the City will contribute to the improvement costs. The development agreement with Grace Church specified their portions of the costs. The feasibility study determined what benefit MAC would receive. CITY COUNCIL MINUTES April 17, 2012 Page 5 Nelson asked if this is the first time utilities have gone in along this road. Ellis said there are currently utilities within the roadway and we will be making some improvements to those as well. Tyra-Lukens asked if Hennepin County's share of the costs had been negotiated when we agreed to take over the road. Ellis said he was not sure as this pre-dates his tenure with the City,but he assumed it was a jurisdictional change agreement. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution 2012-66 ordering Mitchell Road Street, Trail and Utility Improvements; and to adopt Resolution 2012-67 approving plan and specifications for I.C. 11- 5792, Mitchell Road Street, Trail and Utility Improvements. Motion carried 5-0. B. VACATION OF EASEMENT FOR PONDING, FLOWAGE AND DRAINAGE IN NW QUARTER OF SW QUARTER OF TOWNSHIP 116, SECTION 21, RANGE 22 (Resolution No. 2012-68) Getschow said official notice of this public hearing was published in the March 29, 2012, Eden Prairie News and sent to two property owners. This project relates to the Notting Hill Addition. The property owner has requested the vacation of an easement that cuts through the development. New easements will be made as part of the project. Tyra-Lukens asked why this did not come up at the time of approval. Ellis said he was not sure if it was overlooked in the process but he did know there is no need for the City to maintain this easement. The developer will be creating new drainage easements with the development. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2012-68 vacating an easement for ponding, flowage and drainage purposes in the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, Hennepin County. Motion carried 5-0. C. FLYING CLOUD LANDFILL-PARCEL SUBDIVISION by Allied Waste. Request for: Zoning District Change from Rural to I-2 on 12.4 acres, and Preliminary Plat of 263.32 acres into one lot and 2 outlots. Location: 9813 Flying Cloud Drive. (Resolution No. 2012-69 for Preliminary Plat) Getschow said official notice of this public hearing was published in the April 5, 2012, Eden Prairie News and sent to 100 property owners. Allied Waste is requesting a plat and rezoning to transfer ownership of the Flying Cloud Landfill, excluding Allied Waste's business operations, to the Minnesota Pollution Control Agency (MPCA). CITY COUNCIL MINUTES April 17, 2012 Page 6 Getschow said the lot proposed to be excluded for business operation is 24 acres. The rezoning is consistent with usage for industrial use. The remainder of the site is landfill. The State is responsible for the remediation of the landfill. This is the first of several actions related to landfill remediation to be considered over the next several years. Tonight we will take a look at the entire issue. Members of the MPCA are here to provide an overview of their guidelines, their rules and the proposed plans for the landfill. This action is wholly within this landfill and does not involve any transfer of waste from other landfills. Tyra-Lukens clarified that this is just the plat that we are dealing with. Getschow said there will be public hearings and public meetings for future actions, but this item is just the zoning district change and the plat. Bill Griffith, representing Woodlake Sanitary Services, said his company is the owner of the entire property today. This action will transfer a portion to the MPCA. Since about 1995 the MPCA has been responsible for the landfill. He said the operations will continue much as they are today. The applications related to this transfer are a technical requirement in order to allow the State to take ownership of the landfill and fund the improvements. Tom Newman, representing the MPCA, gave a PowerPoint presentation entitled "Managing Risk at the Flying Cloud Landfill." He said the MPCA acquired the property in 1994 as a program alternative to the Federal Superfunds. This program allows the State to take over long term care of the landfills. In 1995 a binding agreement was signed between BFI and the MPCA whereby BFI retained ownership of the property and ownership of gas rights on the property. Newman said differential waste settlement has disrupted the gas collection and caused a certain amount of ponding on top of the landfill. He explained that in the gas extraction process gas is sucked up vertical pipes that connect to lateral pipes below the surface. Because of water ponding in the low areas, the lateral pipes begin to bow and bend which interrupts the gas flow. He noted the groundwater contamination is improving, but the gas issues need to be addressed. The surface drainage is inadequate due to the differential settlement. Case asked how they know the groundwater is improving. Newman said they take samples of the wells quarterly and track it over time. Newman pointed out areas where the groundwater plume is currently spreading towards the river. Aho asked if their area of concern is only as it pertains to someone drilling for a well. Newman said that was correct. Nelson asked about the green and blue areas of concern. Newman said the green is the plume where the actual contamination is, and the blue area is where drilling would tend to draw the plume towards it. Nelson noted the green area goes towards the residential area. Newman said it is at least 90 feet below the homes and everyone in the residential area is on the public water system. He said the plume will just go down to the river. CITY COUNCIL MINUTES April 17, 2012 Page 7 Case asked if we have regulations about sand point wells. Rosow said those are regulated by the State. Ellis said we have ordinances that would require some kind of approval,but the permit for a well would be issued by the State. Case asked if we should be proactive and look at our own ordinance on this. Ellis said staff is currently going through a well-head protection program with the DNR, and the Council will see ordinances that deal with well-head protection in the future. Case was concerned that someone is overseeing the process so that those residents are not drilling in that area. Newman said they have discussed dedicating Sublot A to the City,but they would like to retain ownership until construction is done. BFI owns the piece that goes down to the river and that is part of the land they will transfer to the State. Newman said there is a 300-foot area of concern drawn around the landfill. No residence is less than 800 feet from the landfill footprint. BFI has a couple of buildings within 150 feet of the footprint, and that is why they want to pull some of the landfill away from their business operations. Case said he would prefer to move it over towards the business that has only day-time workers and away from the residential area. Newman said the northern part of the landfill has about 100 feet of waste while the southern part is about 28 feet deep. Their primary concern is health and safety, and they want to keep the BFI workers from risk. Aho said he thought they were planning to dome the waste so the water would run off. Newman said they will slope it enough so the water runs off. He suggested the City might want to put in something like a well drilling ordinance and provide information on potential contamination to someone who comes in to apply for a permit. Nelson asked if that would apply to any type of permit. Newman said it would have to do more with putting in a well in the plume area. Nelson asked if their changing the direction of the runoff would send it towards the residential areas. Newman said it will run to the pond on the southeast corner. Nelson commented that means it is next to the residential area and asked if the pond could run off into the neighborhoods in a 100-year rain event. Newman said it would not because most of the houses sit up on the hill and have a 20-foot drop to the landfill property. Ben Klismith, MPCA engineer, reviewed the plan they have for the remediation. He said they will pull back the landfill contents from the south and west where it is not as deep. That way they can get more acres per dollar spent. They plan to consolidate the waste footprint from 87 acres down to 57 acres. They will peel back the top soil one section at a time and consolidate the waste. They will re-slope the landfill contents to 8% which is the minimum they are comfortable with. They will install a new gas extraction system, install a new synthetic cover, and then seed the area. Case asked if this will be a one to one and a half year process. Klismith said it would be one and a half to three years. Case asked what kind of publicity they plan to give to the community. Klismith said there is a requirement in the law to have public outreach before a project begins and that can take many forms. CITY COUNCIL MINUTES April 17, 2012 Page 8 Aho asked if there is anything that can be done to lessen the effects of the smell and odor. Klismith said they are planning to start in the fall which will help minimize the odor. Once it is open they plan to run all the time. They will do the project in at least three phases but it will really depend on the weather. Butcher Wickstrom asked how the new cover was tested. Peter Tiffany, representing the MPCA, said they have put over 60 covers on State landfills, ranging from five acres sites to an 85 acre site. They have used this kind of plastic quite a bit. Modeling for the cover predicts it will protect for up to 999 years. He said the current landfill cover is a layer of clay soil, as was commonly used in the 1980's. The problem comes when the layer of clay cracks and allows water to permeate. Butcher Wickstrom said she recalled the discussions back then and it seemed to be very comforting at the time. That makes us wary now and more concerned about what happens in the future. She asked if the State will still be responsible in the future. Tiffany said they have the landfill until there is no risk associated with the site. Nelson asked why it can't just be built up without tearing anything off and then re- drilling the gas wells. Klismith said in order to get the type of grades they need they would have to build it up with soil. Tiffany said it would cost$8-12 per cubic yard if they had to haul soil from offsite as opposed to $2 for hauling the landfill material. The overall goal of their program is to reduce the risk and to remediate the environment. The only thing they can do is get the project completed as quickly as possible. Nelson asked what it would take to get the project done in one year instead of three years. Klismith said the primary issue is money. Nelson asked if they plan to start the project before all the money is available because she didn't want it to sit open four to five years waiting for the legislature to fund the project. Klismith said the MPCA has dedicated funds from the remediation fund. Doug Day, representing the MPCA, said they cannot start up the project and then stop it in the middle. He said they would not start the project unless they have adequate bond funding to start. They are currently waiting for the legislature to act on the bonding bill to support the effort. Tyra-Lukens said Council Member Nelson's concern was that the range of time might be one to three years. Day said there are a lot of things that can affect the range. The MPCA does not have unlimited funds, and there are a lot of other factors that enter into how long a project will take. Rainstorms and cold weather can shut down the project, or there could be another State shut down. He said there will be a public hearing about the closure activity, and the MPCA will take public comment into account. Nelson asked how bad the odor will be. Tiffany said the question came up to one of the Department of Health employees who said it is not a health hazard, it is an annoyance. Each landfill is unique, and the rate of degradation could affect the types of odor. The attempt will be made to limit the amount of cover removed and waste exposed at any one point. CITY COUNCIL MINUTES April 17, 2012 Page 9 Nelson asked if the odor could go over any area east of the dump. Tiffany said it depends on the weather patterns,but it would be noticeable up to 1/2 mile away. Nelson asked if it will affect airport operations. Tiffany said he doubted there will be any impact there,but their consultant has had discussions with MAC mainly in terms of height restrictions. Nelson asked how sure they are they will not be moving toxic waste when they move the material from one area to another. Tiffany said they have rarely found any intact barrels at other sites. If there is something that looks suspect, the contractor is required to back off and they would evaluate it. Nelson asked if that means it is something that no one needs to be concerned about. Tiffany said the workers would be the most exposed. Butcher Wickstrom said there has been a concern about what is in there that we don't know about. She did not feel good about that after hearing some of the things that were left behind. Newman said the MPCA recommends that Eden Prairie adopt a Closed Landfill Restricted zoning district. He said the landfill will continue to be monitored after it is remediated, and the majority of the landfill will be off-limits in perpetuity. Sublot B along the river would be something they could negotiate in the future. That sublot and other areas could have surface uses such as a dog park. Tyra-Lukens asked if there will be no trees. Tiffany said that could be discussed later. The MPCA generally includes an allowance in the contract that would allow the City to choose some landscaping options. Newman noted plantings could be made on the periphery of the site only. Rosow asked if the closed landfill zoning is for property owned by the State or for the privately owned property. Newman said this is just for the property owned by the State. Aho asked why the MPCA takes over the landfill versus the current owners remediating the property. Newman said the Agency took over the long term care because of the agreement of 1995. They would like to take ownership of the property because it gives them more flexibility of funding. They would also prefer not to spend that kind of money on privately owned property. Getschow asked historically why we are at this state now where the responsibility for landfill remediation is left with the State of Minnesota. Newman said it really started with Anoka County and their three Federal Superfund sites. In the early 1990's the only way to clean up such landfills was to go through the Superfund process which identifies responsible parties. Many of the businesses in Anoka County had a hard time because they were involved with cleanups at multiple sites. The State decided it would be in the best interests of the State to take over the long term care of permitted closed landfill sites and would collect a fee for that purpose on the haulers'bills. CITY COUNCIL MINUTES April 17, 2012 Page 10 Tyra-Lukens asked if we are also giving them de facto permission to go ahead and do the remediation as we hold the public hearing for a potential zoning district change and preliminary plat. Rosow said this is a hearing on the zoning and replatting of the property. It is difficult to say that the City Council has the authority to say no to the project. This is being done because the legislature maintained the takeover of these sites. The State has decided subsequently to take over ownership. The State must hear the communities' concerns,but the ultimate decision to go ahead with clean-up efforts is made by them. The Council may have very little say about giving them the okay to go ahead. If the Council does not go ahead with the replatting, he didn't know it would keep the State from going ahead with the remediation. Case said we are all concerned about fixing it,but we want to make sure it is fixed as appropriately as possible. Tyra-Lukens opened the public hearing. Bob Reitz, 16329 Milford, said it sounds like this might be the only opportunity to slow the process down. He thought it was important the City Council realizes that the residents want this to be done in a timely manner. He asked if there could be some type of agreement between the Council and the contractor to meet a certain deadline with contingency funds set aside for completion. Tyra-Lukens said she was trying to get at that with her questions,but it evidently doesn't change anything. Rosow said he thought they would still be able to proceed. He was impressed with the MPCA's presentation tonight and their willingness to listen to our concerns. He thought they are taking comments and will work with us, but ultimately we cannot tell the legislature and the State what to do. Mr. Reitz asked if we could have any input as to how it is completed. Rosow said there are opportunities to have input. This is the second major conversation about the remediation process, and they redesigned the slopes as a result of the first discussion. He thought it would be unrealistic to put a firm completion date on a construction project of this complexity. Mr. Reitz asked if the City has a contract. Tyra-Lukens said we do not. Butcher Wickstrom said communication both ways has always served us well and the more we can do that, the better for our residents. Case said we have a potentially polluting landfill that needs to be remediated. Aho said the MPCA has listened to us to date and have come back with changes to their plans that incorporated our concerns. Tyra-Lukens said at least we will get rid of the groundwater pollution. Michael Seelig, 10232 Kiersten Place, said he recognized it is important to fix this and he appreciated the Council's questions. He has a great concern because he has air circulators in his home that will bring the air into his home so they won't be able to escape the odor. All of the points made concern him. He has not heard anything about the wildlife in the landfill area. He would like to slow the conversation in CITY COUNCIL MINUTES April 17, 2012 Page 11 order to address the concerns,but not stop the process. He was also concerned about property values during the remediation process. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing. Motion carried 5-0. Case noted Mr. Rosow told us we are just legitimizing an ownership issue by breaking up the parcels. The control of the land is already with the MPCA. He thought this feels fairly perfunctory, and he was concerned that we don't want to slow the process down. He believes the MPCA are the landfill experts. Aho said he didn't think that not approving the replatting would make any difference. From a project perspective we aren't going to start until the fall so we will have time to have public hearings. The process is going to unfold whether we approve this or not. He would vote for approving this tonight, and then make sure we hold all the public hearings and listen to people's concerns. We can work with the MPCA to address those concerns and work to mitigate the amount of odor and disruption to people's lives. Butcher Wickstrom said she likes the MPCA taking a level of responsibility to get this done. She thought as the months go by until we begin the project, we have time to learn more detail about what this will look like. She suggested we have something on the new website to see what is happening at the landfill. We must communicate three times what we think we should because this concerns people's everyday lives. We want to do this as right as we can. The City doesn't have funding to do this, so we need the State to work on it. Nelson said it is clear this will go on, and we heard them say that if they own it they have more sources of money. If they have enough money they might get this done faster. The last thing she wanted to see is for this to be dragged out over four years. Our hope is they hear our plea to expedite. She wanted to make sure our parks, businesses and residences come though this whole. Eden Prairie is a very large urban city so speed does matter. She planned to vote for the proposal. Getschow said there are two different tracks here. One is the State will come in to remediate the landfill, and no action is required for that at the Council level. There have been two public hearings regarding the rezoning and platting. We do have other public hearings planned for the future. The parallel track involves the notices for the public hearings that list the MPCA as the contact for questions. We may be able to move up some of our open houses or some communication from the MPCA. We can have people weigh in on the project at future public hearings,but we understand the limited authority and control the City has. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve first reading of the ordinance for Zoning District change from Rural to I-2 on 12.4 acres; to adopt Resolution 2012-69 for preliminary plat on 263.32 acres into one lot and two outlots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES April 17, 2012 Page 12 D. RESOLUTION NO. 2012-70 AUTHORIZING APPLICATION TO DEED FOR FORGIVABLE LOAN TO ALIXA RX THROUGH DEED'S MINNESOTA INVESTMENT FUND (MIF) Getschow said official notice of this public hearing was published in the April 5, 2012, Eden Prairie News. Alixa RX is a new company in Eden Prairie that is leasing a building at 10132 West 76t" Street. They have applied to use MIF funds to help pay for tenant improvements and equipment purchases at their leased facility. The MIF program requires the City to apply for the grant on behalf of the business and to act as a conduit between DEED and the business. Larry Johnson, representing Golden Living Centers, said his company owns and operates nursing homes, assisted living facilities and hospice facilities. They recently expanded to create the company Alixa RX, which will provide automated pharmaceutical dispensing units (ADU) at Golden Living centers nationwide. He said their new model will use computer technology so nurses on site will be able to provide one dose distribution for medical prescriptions. The system will automatically code and chart the order. They have been in touch with DEED and have worked with Mr. Lindahl and Ms Jeremiah to receive $200,000 to cover a portion of their startup costs. They plan to employ up to 66 people at their facility. They need City Council approval to move forward to the second step in the process. Tyra-Lukens thanked them for bringing business into Eden Prairie. Aho asked what they plan to do at the facility. Johnson said it will be the nerve center where pharmacists will verify the drugs are being correctly dispensed at the nursing facilities. Aho asked if the canisters will be delivered to the facility or to the individual nursing homes. Johnson said the canisters will be delivered to the facility and then delivered to the nursing homes. Nelson said she was confused why they are eligible for a DEED grant because they are a very large company. Johnson said there is no requirement regarding size for the MIF. Tyra-Lukens said the focus for DEED has been to attract and retain businesses in Minnesota. She didn't think it has much to do with the size of the business. Jeremiah noted this is not a small business program,rather it is a job creation program. The requirements are more that you provide the jobs and stay here in Minnesota. If the company doesn't comply, they have to pay back the grant funding. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2012-70 authorizing application to the Department of Employment and Economic Development(DEED) for a forgivable loan to Alixa RX through DEED's Minnesota Investment Fund (MIF). Motion carried 5-0. CITY COUNCIL MINUTES April 17, 2012 Page 13 X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2012-71 TERMINATING LEASE BETWEEN THE CITY OF EDEN PRAIRIE (CITY) AND HOUSING AND REDEELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (AUTHORITY) MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2012-71 terminating the lease between the City and the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) and requesting that the HRA convey to the City all of the HRA right, title and interest in the property subject to the HRA lease. Motion carried 5-0. B. FIRST READING OF ORDINANCE ADDING CITY CODE SECTION 5.74 RELATING TO REGULATION OF THE USE OF COAL TAR-BASED SEALER PRODUCTS Getschow the State of Minnesota established a grant for Local Governmental Units to clean up ponds. The State has found that many of the contaminants in the ponds come through the use of coal tar products. The State has encouraged cities to restrict use of those products. Asphalt based products are available, and several companies no longer sell coal tar based products. MOTION: Nelson moved, seconded by Case, to approve first reading of an ordinance adding City Code Section 5.74 Relating to Regulating the Use of Coal Tar-Based Sealer Products. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. PARKS, RECREATION & NATURAL RESOURCES COMMISSION Getschow said the Council took action to inactivate the Arts and Culture Commission, and some of the members of that commission moved over to the Parks, Recreation & Natural Resources Commission. Cynthia Paulson was one of those who moved to the Parks Commission. She now finds she will not be able to serve. There is an opportunity to appoint Leonard Pescheck who was one of those interviewed by the Council for the Parks Commission. CITY COUNCIL MINUTES April 17, 2012 Page 14 MOTION: Case moved, seconded by Nelson, to appoint Leonard Pescheck to the Parks, Recreation & Natural Resources Commission to a term ending March 31, 2014. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Traffic Issues--Council Member Case Case said there are several traffic issues that have come to his attention that he would like Mr. Ellis to address at some point. The issues are: requests for more blinking yellow lights for left turns; a traffic glut on Hwy 212 out of Chanhassen; some issues with traffic signals being timed versus being triggered; Preserve Boulevard narrows from two lanes to one from the Mall to Anderson Lakes Parkway; a problem with the sight lines along Prospect Road to Spring Road and the very fast traffic in that area creating a danger to those who use the crosswalk to the pool. Tyra-Lukens asked staff to forward a memo on these issues to the Council Members. Nelson noted there is another issue with the long amounts of time needed to go out of Hennepin Technical College onto Flying Cloud Drive. She also thought the Preserve Boulevard and Anderson Lakes Parkway intersection is extremely dangerous, especially for pedestrians trying to cross. B. REPORT OF CITY MANAGER 1. Update on Minnesota League of Cities Communication Series Getschow said there was a plan to hold a series of conversations on the future of city funding and we applied to be one of the cities to host. At that time we thought the discussions would be more localized but we found out they had a very set plan for the series to be uniform across the State. There is an event on April 30 where they will come back in the community and summarize the results. City staff and elected officials were asked not to participate in the previous events. He said everyone is welcome to attend this event that will be held on Monday, April 30, from 7:00 to 8:30 PM at the Community Center. He asked those who plan to attend to let the City know. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Lions Club Donation for the Outdoor Center (Resolution No. 2012-72) CITY COUNCIL MINUTES April 17, 2012 Page 15 Lotthammer said Stan Tekiela, our Outdoor Center Supervisor, spoke at the Lions Club meeting in December. The Lions Club had a meat raffle at the event and elected to donate the $247 proceeds to the Outdoor Center. MOTION: Aho moved, seconded by Case, to adopt Resolution 2012-72 accepting a donation in the amount of$247 from the Eden Prairie Lions Club for astronomy equipment at the Eden Prairie Outdoor Center. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the City Council Meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:30 PM.