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City Council - 01/07/2014 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 7, 2014 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. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. LIONS CLUB DONATION (Resolution No. 2014-01) Lotthammer said the City received $340 from the Eden Prairie Lions Club to be used towards the purchase of microscopes for the Staring Lake Outdoor Center. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2014-01 accepting the donation in the amount of$340 from the Eden Prairie Lions Club to be used toward the purchase of microscopes for the Staring Lake Outdoor Center. Motion carried 5-0. B. STATE FARM DONATION ON BEHALF OF GORDON WILLIAMS (Resolution No. 2014-02) Lotthammer said Gordon Williams serves on the Senior Center Advisory Council and is also an active Senior Center volunteer. Mr. Williams submitted his volunteer hours to his former employer, State Farm Companies, in an amount that qualified his volunteer service hours for a donation of$500 to be used towards the annual Senior Center volunteer recognition event in April, 2014. Tyra-Lukens noted in the past we have received similar donations from State Farm on Mr. Williams'behalf. CITY COUNCIL MINUTES January 7, 2014 Page 2 MOTION: Case moved, seconded by Nelson, to adopt Resolution 2014-02 accepting the donation in the amount of$500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2014 Senior Center volunteer recognition event. Motion carried 5-0. C. HENNEPIN COUNTY COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison said she visits each of the cities in her district once a year to give an update. She reviewed the Hennepin County budget for 2014, noting that spending was down slightly while the property tax levy was up slightly. She said many of the County libraries, including Eden Prairie, have increased hours for 2014. The former Social Service Center in Eden Prairie will be converted to a Social Service satellite and will be open three days a week by appointment. She thanked the Mayor and staff for their work on the Southwest LRT. She noted the primary concerns she hears from her constituents continue to be roads and transportation. Tyra-Lukens asked if salaries at the Hennepin County Health Center were included in the salary adjustment figures. Ms Callison said HCMC is a subsidiary of the County so they are a separate group and their salary costs are not included in the budget review she gave tonight. Case asked about the district parameters for Ms Callison and for Randy Johnson. Ms Callison said her district includes the northern one-third of Eden Prairie, essentially the area north of Valley View. She has 16 cities included in her district. Case noted the seven Hennepin County Commissioners have a tremendous responsibility with a budget of$1,800,000,000. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there is an additional item on goldenrod paper, Item XV.C.1., Green Neighborhood Update. There is an update to the draft ordinance for Item XII.A. on goldenrod paper. In addition Item VIII.M. should be moved from the Consent Calendar to Item IX.B. under Other Business. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 3, 2013 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, December 3, 2013, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 3, 2013 CITY COUNCIL MINUTES January 7, 2014 Page 3 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, December 3, 2013, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE AGREEMENT WITH MATT'S AUTO SERVICE FOR TOWING SERVICES FOR 2014 C. ADOPT RESOLUTION NO. 2014-03 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS D. ADOPT RESOLUTION NO. 2014-04 DESIGNATING DEPOSITORIES E. ADOPT RESOLUTION NO. 2014-05 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS F. ADOPT RESOLUTION NO. 2014-06 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS G. ADOPT RESOLUTION NO. 2014-07 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE H. ADOPT RESOLUTION NO. 2014-08 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. ADOPT RESOLUTION NO. 2014-09 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2014 J. ADOPT RESOLUTION NO. 2014-10 SUPPORTING THE MOVEMN TRANSPORTATION CAMPAIGN K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION SERVICES FOR OLYMPIC HILLS GOLF COURSE STORMWATER POND SEDIMENT REMOVAL PROJECT L. AWARD CONTRACT TO BLACKSTONE CONTRACTORS FOR THE POND 22-13-B POND UPGRADE PROJECT M. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 29-49-13 WITH HENNEPIN COUNTY FOR THE CITY COUNCIL MINUTES January 7, 2014 Page 4 SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS N. AWARD CONTRACT TO MODIFY THE EXISTING WATER TREATMENT PLANT GENERATOR TO COMPLY WITH EPA RICE NESHAP O. APPROVE CONSTRUCTION CONTRACT WITH E.H. RENNER & SONS, INC. TO SERVICE AND UPGRADE MUNICIPAL WELLS NO. 5 AND 12 P. APPROVE CONTRACT WITH SPRINGSTED INCORPORATED FOR POST COMPLIANCE ISSUANCE SERVICES Q. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR PHASE 3 CONSTRUCTION TO EXPAND THE FIBER OPTIC NETWORK TO FIRE STATION 4, EMERGENCY OPERATIONS CENTER R. APPROVE LEASE AGREEMENT WITH ARVIG FOR LEASED FIBER CONNECTIONS MOTION: Case moved, seconded by Aho, to approve Items A-L and N-R of the Consent Calendar. Motion carried 5-0. IX. OTHER BUSINESS A. APPROVE MAINTENANCE AGREEMENT WITH UNITED HEALTHCARE SERVICES, INC. RELATING TO SHADY OAK ROAD IMPROVEMENTS Getschow said United HealthCare Services, Inc. has agreed to maintaining landscaping and irrigation that they installed along and within the medians on City West Parkway and landscaping in the boulevard areas of W 62nd Street, Shady Oak Road, and City West Parkway. Case noted he will abstain from discussion and voting for both Items A and B. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the Maintenance Agreement with United HealthCare Services, Inc. as it relates to the Shady Oak Road Improvements. Motion carried 4-0-1, with Case abstaining. B. ADOPT RESOLUTION NO. 2014-11 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 29-49-13 WITH HENNEPIN COUNTY FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS Getschow said this item concerns our agreement with the County regarding the next upgrade of Shady Oak Road. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution 2014- 11 approving construction cooperative agreement No. PW 29-49-13 with Hennepin County for the southern segment of the Shady Oak Road improvements. Motion CITY COUNCIL MINUTES January 7, 2014 Page 5 carried 4-0-1,with Case abstaining. X. PUBLIC HEARINGS/MEETINGS XI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, 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." XII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9 RELATING TO THE KEEPING OF HONEY BEES Getschow said a resident came forward a year or so ago to request that the Council consider allowing the keeping of honey bees in the City. He said we currently allow the keeping of bees only in rural districts. City staff, including the Police Department and the City Attorney, did research and analysis of the issue, and the Council had some workshop sessions to review the information. He said staff recommends we allow beekeeping in the City of Eden Prairie under several different scenarios: 1. Establish a process for registration on an annual basis 2. Inspect the operation of first-time registrants following specific parameters; 3. Notify residents around the property involved; 4. Allow residents to raise issues prior to issuing the registration. Getschow said the ordinance establishes regulations relating to where honey bees can be kept,how many can be kept, notification of abutting property owners, equipment and maintenance regulations, and other regulations relating to the keeping of honey bees. Tyra-Lukens asked if the registration will require people in rural areas on property of ten acres or more to register. Getschow said it will. She asked if the ordinance specifies that residential bee keepers cannot produce goods for sale. City Attorney Rosow said it is not explicitly in the ordinance in those terms; however, if someone is raising bees as a home occupation, they must follow the home occupation rules in the ordinance which requires everything to be inside. Case asked if we know how many bee hives are in the City. Getschow said, except for one or two about which we have received calls, we do not know that because there is not currently a registration process. Case said we have two fairly decent sized farms in the City, and we will now have a ruling that excludes sales from rural property. Rosow said residents cannot have a home occupation outdoors. A rural property would not be excluded from this ordinance, but rural property of more than ten acres would have a restriction not to have it in the front yard. CITY COUNCIL MINUTES January 7, 2014 Page 6 Nelson was concerned that neighbors who have serious problems with bees will be notified. She asked if there is a hearing process at the end of the 30 day waiting period to determine if it will be approved. Rosow said the registration would not be issued until the 30 days had expired. Neighbors would get into the process by filing their concerns with the City. There is an appeal process,but there is no provision that the registration won't be issued if there is an objection. Nelson asked if there is any way to appeal before the registration is given. Rosow said that information would be taken into consideration prior to making the decision to issue the registration. Nelson asked if that would happen in a public hearing. Rosow said it would not. Nelson asked if the City would have a liability if a license were given even though someone objected to it. Rosow said in his opinion we are not at risk for liability because we allowed the registration of a beekeeper on a property. Cases that have imposed liability on cities for animals and damage caused by animals occur in situations such as with dangerous dogs. There has been liability for failure to follow the State statute. Nelson said she will vote against the ordinance, although she did appreciate that we have put in setbacks and fencing requirements. She was not sure a family should be put in a position of living near a beekeeping operation if they have a family member with a severe bee sting allergy. She was more happy with this version of the ordinance,but she still could not vote for something that might force someone to move out of the community just so someone else can have a recreational activity. She did not think a few bee hives in Eden Prairie would help the problem of bees dying throughout the country. Rosow said the draft ordinance states that upon the registration the adjoining properties will be notified of the registration, and he would recommend we provide notification prior to issuing the registration. Nelson asked if that will be changed prior to second reading. Rosow said it would. Tyra-Lukens asked if the notification would include what the regulations are since we will not be monitoring the beekeeping. Rosow said there will be an initial inspection with the potential to allow subsequent inspections if there is a complaint. The City has not drafted the form of notice,but we anticipate it would direct people to the location of the regulation. Tyra-Lukens asked how many we might expect to request a registration. Getschow thought there are five to ten potential registrants. Tyra-Lukens noted the issue was in the newspaper and was discussed at meetings; however she has not received any phone calls on the issue. She asked if staff has received any calls. Getschow said we have received responses from those that said they would potentially register an operation. Tyra-Lukens asked for a synopsis of the experience of other cities that allow this. Police Chief Reynolds said none of the cities contacted reported any negative calls about the beekeeping ordinance. We did have one complaint in Eden Prairie where the water source for the hive had been cut off and the bees were going to another property for water. CITY COUNCIL MINUTES January 7, 2014 Page 7 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the first reading of an ordinance amending City Code Chapter 9 by adding Section 9.73 requiring registration and establishing regulations relating to the keeping of honey bees in the City. Motion carried 4-1-0, with Nelson opposed. XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. RESOLUTION NO. 2014-12 DESIGNATING OFFICIAL CITY NEWSPAPER MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-12 designating the Eden Prairie News as the official City newspaper for the year 2014. Motion carried 5-0. B. RESOLUTION NO. 2014-13 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2014 AND APPOINTING ACTING MAYOR MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-13 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2014 and appointing Council Member Case the Acting Mayor. Motion carried 5-0. C. RESOLUTION NO. 2014-14 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2014-14 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra- Lukens as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary for calendar year 2014. Motion carried 5-0. D. RESOLUTION NO. 2014-15 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2013 MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-15 designating Robert Ellis as the Director and Council Member Case as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Butcher Wickstrom, to approve CITY COUNCIL MINUTES January 7, 2014 Page 8 appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 5-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Aho moved, seconded by Nelson, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 5-0. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve appointment of Council Member Case to the Southwest Cable Commission. Motion carried 5-0. H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION MOTION: Case moved, seconded by Aho, to approve appointment of Council Member Nelson to the Eden Prairie Foundation. Motion carried 5-0. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 5-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Aho moved, seconded by Case, to approve appointment of Council Member Butcher Wickstrom to the City and School Facilities Use Task Force. Motion carried 5-0. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Butcher Wickstrom moved, seconded by Aho, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. L. RESOLUTION NO. 2014-16 APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-16 appointing Council Member Case, Sue Kotchevar and Fire Chief Esbensen to the Eden Prairie Fire Relief Association. Motion carried 5-0. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL MINUTES January 7, 2014 Page 9 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Green Neighborhood Update Jeremiah said the green neighborhood project on the corner of Scenic Heights and Eden Prairie Road is part of the Strategic Plan for Housing and Economic Development approved by the Council in October 2012. Through an RFP process one developer was selected for the project out of four who submitted concept plans and purchase offers to develop the site. The plan discussed with the Council is to wait until final approval of the development plans and financing is in place before closing on the property. We are still including a mid-market component for the project;however, at this point over 40% of the units would be at market rate. The development will go through the City's planning process with a City Council public hearing possibly as early as March 18, 2014. She noted three neighborhood meetings have been held to date in preparation of the preliminary plat. All of the public comments as well as those received on City Connect have been supplied to the developer so they are aware of the concerns. A traffic analysis is being required as part of the planning application and should be available by January 17. Jeremiah said a number of plan revisions have been made to accommodate comments and concerns raised by the neighborhood and staff. Homes that would be adjacent to the existing neighborhood would be market rate. She said the developer proposed Green Path-certified construction with high energy efficiency, and we have not seen any other neighborhood in Minnesota built to that standard. The developer proposes to build a model home with solar panels so buyers could select those for other homes. The south side of the pavilion in the common area would have solar panels that would be used to power lighting on the pathways. They are proposing a green roof on the north side of the building. There will be garden plots for use by the residents. They are hoping to find a concept whereby there would be a recycled irrigation water system for the garden plots. Jeremiah said the Conservation Commission reviewed this project within the last couple of months, and they have been involved with the green features. She said staff has heard there is substantial marketing interest in the mid- market housing from current Eden Prairie residents. Staff is also discussing the noise and visual issues with the developer. Nelson was delighted they plan to have a solar feature as an option. She asked if they looked into the possibility of doing geothermal on properties that will have larger yards. Jeremiah said we have discussed the potential for geothermal, but the developer is not getting good feedback regarding the feasibility of doing that in this neighborhood. She said she will bring it up again with the developer to get a better status report on that possibility. CITY COUNCIL MINUTES January 7, 2014 Page 10 Aho noted there were a couple of comments during tonight's Open Podium regarding traffic, noise and visual screening. He asked what we have done to address the concerns about density since residents usually expect the density of adjacent developments to be similar to their neighborhoods. Jeremiah said we selected the proposal with the lowest density from among those submitted. The development is in keeping with the green concept to have more cluster housing to preserve the open space in the common area and to have greater efficiencies and sustainability features. Another piece of the development is that it eliminates the need for a cash subsidy for development while still meeting the green criteria. She said they will review the project from an impact perspective around the edges that are next to the existing neighborhoods. Aho said his comfort level is not high with this project, and he thought we are being a little too proscriptive in trying to set the pricing and other criteria. He said he really does not support the project. Case said in the past we have tried to be sensitive to what is around a project, especially with infill projects. At the same time, this parcel sits on the corner of two four-lane roads. He thought one could almost argue there should be commercial development, although he was not proposing there should be. It is not classic 1/2 acre lot residential property, and he thought we are on the right track with our transition buffer. He said our control is valuable to the neighborhood to make sure the transition buffer occurs correctly. He thought we would be making a statement with this project and proving people will buy into this sort of neighborhood. It appeared the biggest concern from the neighbors was the connection of the road. We have examples like that around the City where roads were planned to be connected. Whatever project is approved, he believed Thatcher Road will get connected through, and there was a comment to that effect from someone in the neighborhood during tonight's Open Podium. Butcher Wickstrom thought this is an exciting project, and she liked the process we have followed to capture ideas from developers. She thought this is how developments will be built in the future. She said we need to follow the process through and see where it goes. She understood there is always a "fear factor" when you try something innovative like this project; however, she was confident the Council and staff will look at everything and make sure things are tested and true in the development. She wanted the neighbors to know the Council will look at their concerns very carefully as we go through the process. Nelson liked where the development is going. They are trying to make an effort for energy efficient housing. She noted this isn't the first time Eden Prairie has encouraged innovative development with mixed housing. She lives in the Preserve which was built in the 1970's and 1980's and has all sorts of housing options. That development has worked well for 40 years, and housing values there continue to be high. This development is sort of the same step. It will have the green element, and she would like to get everything we can out of this development. She was glad to see we are CITY COUNCIL MINUTES January 7, 2014 Page 11 matching the development right next to it. She thought our history with this kind of project has been good. Tyra-Lukens noted this is a report from the Community Development Director and not a public hearing. She agreed with many of the points made and believed this has a fabulous potential. She was not in favor of a public subsidy on this but rather saw the City acting as a catalyst to promote green development. She would like to see some traffic figures on the Thatcher Road extension and also some information on the issue of excessive sound. Nelson said she would want a firm commitment from the developer that all the things they have promised will end up being included. Tyra-Lukens asked if that was as protection for the City. Nelson replied she wanted all of the green items promised included in the project before they come in for approval. Aho said he was concerned that the City does not end up on the hook for the cost of the property and the development, so we must ensure it is transferred properly. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Construction Manager Agreement for Aquatics Expansion Project Lotthammer said we used a construction manager process when the Community Center was renovated in 2007. A construction manager works on site on behalf of the City to manage the project through the design, cost estimating and bidding portions of the project and to manage the contractors for the project. There would be two parts to the agreement. In the first phase the construction manager would help with the preconstruction and planning pieces. That phase would have a lump sum fee of$43,750. The second portion of the project would only be executed if the City Council were to award the bids and authorize the project. The second phase would be priced based on 2.25% of the agreed upon guaranteed maximum price. The City would also reimburse them for some costs that are spelled out in the contract. Lotthammer said we have had excellent experience with RJM Construction and they have knowledge of our current building. They are very familiar with the project and have consulted with the architects prior to tonight. MOTION: Case moved, seconded by Butcher Wickstrom, to authorize Construction Manager Agreement with RJM for services prior to bidding and additional services if bids are awarded. Motion carried 5-0. 2. Mayor's Health and Wellness Committee Update Lotthammer said this is a request to authorize staff and committee members of the Health and Wellness Committee to move forward with efforts to raise CITY COUNCIL MINUTES January 7, 2014 Page 12 money for a food truck. He said Mr. Getschow, Mayor Tyra-Lukens and he have been part of the previous committee meetings. He said, while health and wellness is a broad topic, they found that nutrition was important to the group and felt that could be an area to make an impact in the community. Three main areas of focus have been identified: fund raising; a restaurant initiative; and the Live Well food truck. Lotthammer said the City has continued to struggle with concessions at our outdoor events. The health code is strict, and it is difficult to do good quality foods from tents. The Community Center cafe could act as the basis for the storage and preparation area for a food truck concept. There are a lot of possibilities for use of the food truck to enhance events and help organizations that might want to use it. The committee met with the Eden Prairie Community Foundation Board to discuss their taking this on as a funding resource if the Council authorizes the committee and staff to proceed. He noted the committee and staff believe the truck would be self sustaining. Aho said it sounds like the committee has done a lot of research. He noted there is currently a popular trend for high quality food trucks and asked if we have looked into anything that would allow that type of vendor to come in and provide food services at some of our events. He was concerned that it would take time and staffing to run the food truck, and it is not a simple matter to get into the food business. He was not sure we are totally prepared to do that. Lotthammer said they talked about the model used more in the downtown area where there is a major density of customers. He didn't believe the concept of contracting out and having to be as flexible as we would want would appeal to those food truck vendors, nor would they want to tailor the food to the event. In order to make this work,he thought this would not have a high profit margin but it does dovetail out of the Community Center and fits into our events. He noted PROP wants to meet with us to discuss possibilities for using the truck. Nelson thought it is a great idea to bring a food truck to events;however, she would hate to see us eliminate vendors from our events. Lotthammer said we have five or six trailers at the July 4th event, so one truck couldn't serve the demand at that event. We want to have many options,but this would give the healthy and nutritious option. We would feature produce from local farmers at certain times of the year. The concept would be unique for a city to do. It communicates to people an awareness of making the right choices and it would increase the quality of what we can do at our events. MOTION: Nelson moved, seconded by Butcher Wickstrom, to authorize staff and Mayor's Health and Wellness Committee members to develop a Fundraising and Naming Rights Program and to seek the assistance of the Eden Prairie Community Foundation to support a fundraising effort. Motion carried 5-0. CITY COUNCIL MINUTES January 7, 2014 Page 13 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. E-Cigarette Update Rosow reviewed what e-cigarettes are,health and safety concerns, and a summary of some other state and local regulation of e-cigarettes. He said there are multiple types of e-cigarettes, many of which contain nicotine or other flavors. The University of Minnesota are studying the effect of e- cigarettes but there are no published reports as yet. The FDA has tried to regulate e-cigarettes as therapeutic devices,but a court struck that down. The FDA is now in the process of regulating them as tobacco products. They are taxed as cigarettes on the basis they contain nicotine. The State of Minnesota has prohibited the sale of cigarettes that contain nicotine to minors. Several Minnesota State legislators have indicated an intent to bring an amendment to the Clean Indoor Air Act to add e-cigarettes to the definition. Hennepin County has banned the use of e-cigarettes on County property. Several of our sister cities have instituted moratoriums on the retail sale of e-cigarettes or their sampling. Some cities require a license to sell e-cigarettes. Rosow said there are several actions the City could take: • Take no action and wait for Federal and State regulations • Require a license for the retail sale of e-cigarettes • Prohibit use of e-cigarettes on City property • Prohibit use of e-cigarettes in areas covered by the Minnesota Clean Indoor Air Act • Institute a moratorium on the retail sale of e-cigarettes Tyra-Lukens asked if the moratoriums that cities have established have a time limit. Rosow replied under State law a moratorium can only last 12 months with a possible six month extension. He thought those cities that have adopted a moratorium have directed that a study be undertaken to gather information about e-cigarettes. Case asked if the current ban on tobacco products is a fairly easy definitional fix. Rosow said he believed it is a definitional matter, and several cities have adopted definitions used by the State and Federal governments. Case said he liked the idea of a moratorium because it buys us a year to see what happens at other governmental levels. He said there are clearly substantive health issues and a perceived discomfort issue for non-smokers. He would like to see some kind of ban in our public places. A moratorium would allow us to do a study, come up with some proposals, and see what happens at the State and Federal levels. CITY COUNCIL MINUTES January 7, 2014 Page 14 Aho asked what parameters other cities have placed during their moratoriums. Rosow said the City of Hopkins established a moratorium on the sale and sampling of e-cigarettes for one year. The City of Edina adopted a moratorium to allow the evaluation of smoking lounges and vapor lounges. Butcher Wickstrom said there is not a lot known about the effects of e- cigarettes but there is a lot of research being done. She would agree with a moratorium so that we could determine what we want to do during a year's time. It would be a more thoughtful approach to not make a decision until we know more about the subject. Tyra-Lukens felt strongly about the cigarette smoking and tobacco issue because of the concerns of those who do not smoke. These products are similar, and some of the products are not even labeled as to what is in them. She thought public use is an issue. Rosow said there are many flavors available but they do not list the ingredients. Case said he was not suggesting we jump into a moratorium tonight. He said all of the Council Members have expressed ideas on the issue. If we are really concerned about the matter of not knowing what is in these products, then the moratorium should include whatever gives us comfort about the unknown factors. A moratorium buys us the time to study the issue and do it right. He suggested the Council direct staff to come back with moratorium options in a month and maybe include some sample language. In a year we can go forward with the information we have gained. Nelson said she had the unfortunate experience of someone smoking one of these at a restaurant table. She would like to have a moratorium soon before businesses get used to having e-cigarettes as part of their income stream. She would like to not have people smoking these in enclosed places in the City. She would also agree to look at the wording of a ban on these in case the State and Federal governments don't take action. Tyra-Lukens said she hasn't talked to anyone that hasn't been happy about the public smoking ban State-wide. Right now, there is nothing the restaurants can do to have someone stop smoking an e-cigarette. Aho thought the restaurant would be able to tell people they don't allow the use of e-cigarettes in their facility. Tyra-Lukens asked what happens during the month of study before we put the moratorium in place. Rosow said that is an issue because a moratorium that establishes a ban on retail sales would not affect a current use. He heard the Council discuss two separate issues: the moratorium on retail sales and sampling; and the use in City and private places which doesn't need a moratorium and could be enacted in the City's Smoke Free ordinance. Aho said we can't enact a moratorium tonight. Tyra-Lukens said she was not as concerned about the sale of the product,but rather her concern is with the public use of e-cigarettes. CITY COUNCIL MINUTES January 7, 2014 Page 15 Aho noted smoking cigarettes in public places is a State issue. Tyra-Lukens asked if the State legislature is looking at this. Rosow said several legislators have said they intend to bring legislation to include these devices under the Minnesota Clean Indoor Air Act. The consensus of the Council was to get a further report from staff in a month. XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:09 PM.