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City Council - 03/05/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 5, 2013 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 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE READS UPDATE Jody Russell, representing Eden Prairie Reads, said each year their committee selects one book to read as a community and then devises programs that correlate with the book selection. This year they selected an anthology of ten short stories. The programs they have planned include an event in April where a local author will give a free class on reading and writing a short story. They also plan to start a new program, Eden Prairie Writes, and will solicit short stories from anyone in the community. Reading guides are available online at their website, epreads.org. Tyra-Lukens commented it is really exciting to see the committee mix up the selection this year and provide some new programming around the selection. B. MPCA CLOSED LANDFILL PROJECT UPDATE Pat Hanson,representing the MPCA, said they came before the Council last year to explain their plan to remediate the closed landfill. They expected to begin the construction last summer but the funding did not come through. They now have enough funding to start with the same design as they proposed last year. They met with the Watershed District and received a permit and are working with the FAA and MAC on some issues. They held a public meeting in February to discuss the CITY COUNCIL MINUTES March 5, 2013 Page 2 remediation plans. He gave a PowerPoint presentation of the $17,000,000 project. The project is currently out for bid. Bids will be opened this Thursday, and they plan to start construction on May 1. The project will require two construction seasons with major construction through the fall of 2014. He reviewed the 1994 Closed Landfill Program(CLP) and the issues that prompted the remediation project. Peter Tiffany, CLP engineer, reviewed the plans for the final design of the landfill and the process that will be done in stages to remove the soil covering, excavate and move the waste, install a new gas extraction system, and cover the waste in its new location. He said residents of the Homeward Hills neighborhood expressed concerns about odors and trash blowing into their neighborhood. He explained the gas extraction system and noted only 1/3 of the site will have waste exposed at one time. Butcher Wickstrom asked about the possibility of the seams breaking open. Mr. Tiffany said the seaming process they use melts the seams together. The plastic used is very tough and functions much better than clay. Butcher Wickstrom thought the seams in the plastic would be the most likely vulnerability for breaking and asked if they planned to monitor it. Mr. Tiffany said there would be indications of a break or seam failure as a gas leak would cause an area of grass kill. They would then repair the tear in the plastic. Butcher Wickstrom asked if there will be funds to come back and do any repairs required. Mr. Tiffany said they have an operating budget for the CLP program each year, and this landfill would be covered under that budget. They also have recovered some insurance money for the landfill. Butcher Wickstrom asked what the expectations are regarding the odors when the landfill sections are uncovered. Mr. Tiffany said there will be odors at times,but the Homeward Hills area is much further away from the landfill than other projects that have been remediated like this. Butcher Wickstrom asked what the odors will be like. Mr. Tiffany said there will be odors, dust and litter,but they will have two water trucks to help control the dust. They require the contractor to keep after the litter whenever necessary and will work with the neighbors to allow the contractor to come on their property and retrieve any trash that blows away from the landfill. Butcher Wickstrom asked if the project will take two years. Mr. Tiffany said it will take a little over two years to complete. Butcher Wickstrom noted we have to keep in mind it will be an improvement over what we currently have. Nelson asked if the entire funding needed for the project is available. Mr. Hanson said the MPCA has made this a priority and the money is available from a variety of sources. Nelson was concerned that the project would get stuck when it is half done because the funding was not available. She asked if they will work during the winter. Mr. Hanson said they normally work up to the first week of January and then start again after the weather breaks in March. Nelson asked where the leaking groundwater is going. Mr. Hanson said there is no liner under the landfill, and the main plume is going directly from the landfill to the CITY COUNCIL MINUTES March 5, 2013 Page 3 Minnesota River. He noted there are well restrictions in the area. Nelson asked if this poses a hazard to the neighborhood. Mr. Hanson said the water there meets the groundwater standards. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.1. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 19, 2013 MOTION: Nelson moved, seconded by Butcher Aho, to approve the minutes of the Council workshop held Tuesday, February 19, 2013 as published. Motion carried 4- 0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 19, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, February 19, 2013 as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2013-34 APPROVING THE FINAL PLAT OF RILEY VIEWS C. AWARD CONTRACT FOR FINANCE DEPARTMENT REMODELING PROJECT TO DIVERSIFIED CONSTRUCTION D. ADOPT RESOLUTION NO. 2013-35 AMENDING RESOLUTION 977, APPOINTING THE HISTORICAL SOCIETY THE CITY'S AGENT FOR THE HISTORICAL PROGRAMMING AND APPROVE SECOND RESTATED AND AMENDED LEASE AGREEMENT E. ADOPT RESOLUTION NO. 2013-36 GRANTING A 24-MONTH EXTENSION TO THE DEVELOPER'S AGREEMENT WITH LIBERTY PROPERTY TRUST (EDEN POINTE PARKING EXPANSION) MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-E on the Consent Calendar. Motion carried 4-0. CITY COUNCIL MINUTES March 5, 2013 Page 4 IX . PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2013-37 APPROVING ALLOCATION OF 2013 CDBG FUNDS Jeremiah said the exact amount of the 2013 Community Development Block Grant (CDBG) allocation funds has not yet been determined by HUD. The decision tonight regarding the amounts allocated to the various activities would be made with the understanding there is some flexibility in the numbers. If there is a difference in the final amount, the Housing Rehabilitation Deferred Loan Program would be adjusted up or down to make up the difference. She noted the applicants are the same as last year. The Human Services Review Committee reviewed the 2013 CDBG proposals after reviewing last year's performance. Nelson said at one point there was money included for the Women's and Children's Shelter on the list. Jeremiah said that is now part of the Police Department's annual budget. Tyra-Lukens asked if each allocation would be adjusted by the same percentage if the total funding levels change. Jeremiah said the adjustments would be made out of the Housing Rehabilitation Deferred Loan program funds. Marcie Harris, representing the CAPSH program, thanked the Council for their support for the past six years for their car repair program. Last year they were able to assist ten households with car repairs and thus keep people able to go to work. Terry Johnson,representing Independent School District 272, said the Kids' Adventure program serves 235 children. She appreciated the support provided for the child care subsidy. Rob Kolar, representing the Southdale YMCA, thanked the Council for the child care subsidies that allow over 40 families to participate in the program year round. Jeanne Karschnia read letters from Kitty Engle, Director of the HOME program, and Anne Harnack, PROP Director, thanking the Council for the CDBG funding support. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2013-37 approving the use of 2013 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 4-0. Tyra-Lukens noted the CDBG funds come from the Federal government, not from Eden Prairie. B. RESOLUTION NO. 2013-38 APPROVING LAYOUT FOR SOUTH SHADY OAK ROAD IMPROVEMENTS Getschow said this project is the next phase of improvements to Shady Oak Road related to the United Health Group (UHG) construction project. Official notice of this CITY COUNCIL MINUTES March 5, 2013 Page 5 public hearing was published in the February 21, 2013, Eden Prairie News and sent to 850 property owners. Randy Newton, City Engineer, gave a PowerPoint overview of the layout and details of the improvements. He said the UHG project was the catalyst for the project. They have hosted three open houses and have a website devoted to the project. In addition they sent out multiple mailings and met with individual property owners. He noted one of the frequent neighborhood requests was for a signal light on Rowland Road; however, staff determined the traffic volumes are not high enough to warrant a signal light at that location. Attendees at the neighborhood meetings were shown two options for construction of the TH212 interchange. One option included full closure of the bridge during construction while the other option was for a staged construction with part of the bridge open at all times. They received mixed feedback on those two options. Newton said MnDOT has approved the layout. Staff is coordinating the project with the proposed Southwest Light Rail Transit line (SWLRT). He noted there will be multi-use trails on both sides of Shady Oak Road. He reviewed the funding for the $31,700,000 project. The final design plans for the project will be completed in one year. Construction could start in mid-2014 and will take approximately 18 months to complete. He said the development schedules for the SWLRT and UHG will affect the construction timing. Tyra-Lukens noted the construction will expand into what is now green space and will require retaining walls. She asked Mr. Newton for a sense of how many trees and how much greenery will be taken and how much realistically can be replaced given the constraints of the project. Newton said there are about 100 trees that will be impacted. They plan to balance off the number of trees replaced with other plantings. He noted there is more area of green space on either side of the interchange and more trees can be added there. They plan to meet the standard tree replacement guidelines. Tyra-Lukens asked what the impact of the project will be on the Shady Oak Park and Ride. Newton said Southwest Transit has said they are slowly phasing out that facility and would expect to close it with the start of this project. Tyra-Lukens asked what is going to happen to the park and ride. Newton said the LRT will be going through a portion of the property, and there may be a need to put a small pond there. It is also a good location for additional trees. Tyra-Lukens asked how many employees and parking spots are at the ShopNBC facility. Newton was not sure how many employees work there. They have three access points to the facility today, and the western most access point will probably be moved to the middle one. After the construction there will be two functioning access points. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2013-38 approving Layout No. 2A for the CITY COUNCIL MINUTES March 5, 2013 Page 6 South Shady Oak Road (CSAH No. 61) improvements at the TH 212 Interchange. Motion carried 4-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.03 RELATING TO CONVENIENCE GAS REGULATIONS IN ALL COMMERCIAL ZONING DISTRICTS Getschow said in January the City Council approved the creation of a new Airport Commercial Zoning District which included some enhanced standards for convenience gas stations. This item is an ordinance to amend the code to add those regulations to all commercial zoning districts in Eden Prairie. The Planning Commission voted 7-0 to recommend approval of the code change at the February 11, 2013, meeting. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to approve 1st reading of the ordinance amending City Code Section 11.03 relating to convenience gas regulations in all commercial zoning districts, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho,Butcher Wickstrom, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Getschow said last Tuesday the Council interviewed candidates for our boards and commissions. There were more applicants than we had openings, but we were able to find a place for most of those who applied. The terms for the new commission members will begin on April 1. There will be an orientation for new commission members and liaisons at the end of this month. MOTION: Aho moved to appoint to the Conservation Commission Laura Jester, Greg Olson and Prashant Shrikhande to terms ending March 31, 2016; Butcher Wickstrom moved to appoint to the Heritage Preservation Commission Deb Paulson with a term ending March 31, 2014 and Pamela Spera and Mark Frieberg with terms ending March 31, 2016; Tyra-Lukens moved to appoint to the Human Rights and Diversity Commission Sandra Filardo with a term ending March 31, CITY COUNCIL MINUTES March 5, 2013 Page 7 2015 and Jennifer Buckland, Sana Elassar and Connie Iacovelli with terms ending March 31, 2016; Nelson moved to appoint to the Parks, Recreation and Natural Resources Commission Mary Helena Moreno with a term to end March 31, 2014 and Debra McBride, Michael Balaen and Larry Link with terms ending March 31, 2016; Aho moved to appoint to the Planning Commission Ann Higgins and Mary Egan with terms ending March 31, 2016. Seconded by Butcher Wickstrom. Motion carried 4-0. B. BOARD OF APPEAL AND EQUALIZATION Getschow said since 1992 we have had a Board of Appeal and Equalization that hears from the public regarding our property valuations. We have appointed very knowledgeable people in the real estate business to the Board. The Board members have attended training sessions. MOTION: Butcher Wickstrom moved, seconded by Aho, to appoint to the Board of Appeal and Equalization Jim Johnson, Lyndon Moquist, Annette O'Connor, Patricia Pidcock and Todd L. Walker for the period of March 15, 2013 through May 31, 2013, or until the Board of Appeal and Equalization completes its work. Motion carried 4-0. C. CHAIRS AND VICE CHAIRS OF COMMISSIONS MOTION: Nelson moved to appoint Greg Olson, Chair, and Kurt Lawton, Vice Chair, of the Conservation Commission; Tyra-Lukens moved to appoint Ed Muehlberg, Chair, and Cindy Evert, Vice Chair, of the Heritage Preservation Commission; Butcher Wickstrom moved to appoint Laura Kaczmarek, Chair, and PG Narayanan, Vice Chair, of the Human Rights and Diversity Commission; Aho moved to appoint Hutch Coburn, Chair, and Larry Link, Vice Chair, of the Parks, Recreation and Natural Resources Commission; and Nelson moved to appoint Jon Stoltz, Chair, and Jacob Lee, Vice Chair, of the Planning Commission. Seconded by Butcher Wickstrom. Motion carried 4-0. D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION MOTION: Aho moved, seconded by Butcher Wickstrom, to appoint Patricia Pidcock, Chair, and Lyndon Moquist, Vice-Chair, of the Board of Appeal and Equalization. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Council Meetings -- Mayor Tyra-Lukens Tyra Lukens said prior to the start of our regular meetings the City Council has a workshop that begins at 5:30 PM. At tonight's workshop the Council discussed the possibility of a mid market green neighborhood. In addition to CITY COUNCIL MINUTES March 5, 2013 Page 8 the regular meetings and the workshop meetings, the Council has many other meetings such as the meeting last week to interview commission applicants and next week's goal-setting workshop. The Council is contemplating cancelling the March 19 meeting and is proposing to hold an additional meeting on March 12, 2013, in the Heritage Room for the goal-setting workshop and to consider a limited amount of City business. MOTION: Nelson moved, seconded by Butcher Wickstrom, to hold an additional regular meeting of the City Council on March 12, 2013, starting at 5:00 PM in the Heritage Room. The regular meeting scheduled for March 19, 2013, may be cancelled but that decision will be made by the Council at the March 12 meeting. Motion carried 4-0. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 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: Butcher Wickstrom moved, seconded by Nelson, to adjourn the City Council meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:12 PM.