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City Council - 04/21/2015 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 21, 2015 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. 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. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS Tyra-Lukens thanked those who participated in last weekend's park clean up day. She said volunteers helped to collect the trash and debris that had accumulated over the winter. A. I-494 CORRIDOR COMMISSION UPDATE Melissa Madison, Executive Director of the I-494 Corridor Commission, thanked Council Member Aho for serving as Chair of the Commission for the last three years, and Dave Lindahl for his service on the Commission for the last 26 years. She reviewed the background of the commission, which is made up of five member cities: Bloomington, Eden Prairie, Edina, Minnetonka and Richfield. She explained the current projects being worked on by the commission. She noted they are one of five Transportation Management Organizations in the Twin Cities, and have 19% of the metro area population and 230,000 jobs. The commission tries to encourage commuters to use transit, ride-sharing, and bicycles by providing free employer resources, hosting commuter fairs, providing individual commute assistance, offering a guaranteed ride home program through the Metropolitan Council, and "Try It" campaigns. They work with many employers to promote transit use, ride-share and telework programs. Tyra-Lukens thanked her for the report and noted giving commuters options and keeping cars off the road are important for Eden Prairie. CITY COUNCIL MINUTES April 21, 2015 Page 2 Aho said Ms Madison and her staff do a fabulous job. The commission is a good investment because we can't build enough roads, so any reduction in vehicle miles helps the infrastructure. B. LET'S GO FISHING PROGRAM UPDATE Terry Eggan, President of Let's Go Fishing, Eden Prairie, thanked the Council for the support for their chapter which includes the use of the lakeshore at Lake Riley, the boardwalk staging area and the shed storage areas there. He gave an update of their activities and showed a video clip of the boating and fishing trips they provide for residents of assisted living and other facilities from mid-May through September. He noted being outdoors is healing and promotes well-being to older adults and the disabled. They rely completely on funding from donations and grants. Tyra-Lukens said Mr. Eggan works with a great group of volunteers who get along really well and have a great time. Mr. Eggan said the volunteers are totally devoted to the people they serve. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 31, 2015 MOTION: Nelson moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, March 31, 2015, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 31, 2015 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 31, 2015, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SET PUBLIC HEARING DATE TO CONSIDER CABLE FRANCHISE APPLICATION C. APPROVE DUCK LAKE TRAIL GARDEN LICENSE AGREEMENT WITH EDEN PRAIRIE ASSEMBLY OF GOD CHURCH CITY COUNCIL MINUTES April 21, 2015 Page 3 D. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 2 DUTY CREW SLEEPING QUARTERS TO GARDNER BUILDERS E. DECLARE SURPLUS PROPERTY F. APPROVE GRANT AWARD FROM HENNEPIN COUNTY TO SUPPLEMENT WATERCRAFT INSPECTION PROGRAM G. AWARD CONTRACT FOR 2015 STRIPING TO SIR LINES-A-LOT H. ADOPT RESOLUTION NO. 2015-43 REVOKING MUNICIPAL STATE AID STREETS I. ADOPT RESOLUTION NO. 2015-44 ESTABLISHING MUNICIPAL STATE AID STREETS J. APPROVE MAINTENANCE AGREEMENT FOR STORMWATER FACILITY AT 14150 PIONEER TRAIL K. APPROVE AMENDMENT NUMBER ONE TO MASTER FUNDING AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT L. APPROVE SUBORDINATE FUNDING AGREEMENT 06 FOR LEVEL 2 COMPONENTS WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT M. APPROVE AMENDMENT NUMBER ONE TO SUBORDINATE FUNDING AGREEMENT 05 WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT N. ADOPT RESOLUTION NO. 2015-45 APPROVING TRAFFIC SIGNAL AGREEMENT WITH THE STATE OF MINNESOTA AND HENNEPIN COUNTY FOR THE SHADY OAK ROAD/HIGHWAY 62 NORTH AND SOUTH RAMP INTERSECTIONS O. ACCEPT 100% PETITION FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL RELATED TO GREEN ACRES PARKING LOT IMPROVEMENTS P. ADOPT PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL RELATED TO GREEN ACRES PARKING LOT IMPROVEMENTS Q. APPROVE 2014 UNBUDGETED FUND TRANSFERS CITY COUNCIL MINUTES April 21, 2015 Page 4 R. APPROVE CONTRACT WITH VTI FOR INSTALLATION OF ELECTRONIC CONTROLS FOR CARD READERS AND DOORS FOR COMMUNITY CENTER AQUATIC UPGRADE MOTION: Case moved, seconded by Nelson, to approve Items A-R on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 1.03, SUBD. 3 RELATING TO THE HEIGHT OF FENCES Getschow said the Minnesota State Building Code was recently revised to allow fences to be constructed to a height of 7 feet without the issuance of a building permit. City Code currently limits the height of fences to 6 feet. Staff is proposing a change to the City Code to provide consistency with the State Building Code and to provide for a streamlined process for property owners wishing to construct a fence that complies with the State Code requirements. The code change would allow property owners to construct a 7-foot fence without issuance of a variance. The Planning Commission voted 5-0 to recommend approval of the code amendment at the March 23, 2015 meeting. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing, and to approve first reading of the ordinance amending Chapter 11.03 to address fence height. Motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 BY ADDING SUBD. 4 RELATING TO MEDICAL CANNABIS DISPENSARIES Getschow said recent legislative changes allow for the legal distribution of medical cannabis to qualifying patients in Minnesota beginning July 1, 2015. State law allows for eight distribution facilities (one per congressional district) to be located within Minnesota. The manufacturing facilities are separate facilities. The City of Eden Prairie was approached by Minnesota Medical Solutions, LLC regarding the potential for locating a medical cannabis dispensary within Eden Prairie. Minnesota Medical representatives provided city staff with an overview of the anticipated business model, including business needs and potential impacts. City staff felt that this is a new use and it may not be appropriate in all zoning districts. The draft ordinance provides a definition of medical cannabis distribution facilities, which parallels the language provided in Minnesota Statutes. The draft ordinance goes on to identify the Office and 12 zoning districts as appropriate locations for the distribution of medical cannabis and further identifies performance standards that would be required to be met. Minnesota Medical has stated that it expects to operate a facility that is approximately 3,000 to 3,500 square feet in size and anticipates the need for approximately 15 parking stalls, assuming the facility will provide service to roughly 80 persons per day. This is all under the current state provisions. CITY COUNCIL MINUTES April 21, 2015 Page 5 Dr. Kyle Kingsley, CEO of Minnesota Medical Solutions, gave an overview of the organization and their plans for the future. He reviewed the compounds used in their products and the administration routes for the products. He said they are not able to sell plant materials, and their packaging will be readily identifiable as medicines. He said their patients and the patients' caregivers must register with security at the front desk so the public cannot access the facility. Butcher Wickstrom asked how they know they will have a customer base to support the business. Dr. Kingsley said the State did a survey and over 1000 people would have qualified to get medical cannabis. Butcher Wickstrom asked how many companies like this exist. Dr. Kingsley said there are two companies that qualified under Minnesota law. Butcher Wickstrom noted Dr. Kingsley had said the entire function is part of the business and asked if that is how the other company operates. Dr. Kingsley said Minnesota requires a completely vertical integration. Butcher Wickstrom asked if the level of security would remain high even if sales of the pharmaceuticals do not meet their expectations. Dr. Kingsley said it would. Tyra-Lukens asked about the cash only basis of the business. Dr. Kingsley said they have an open banking relationship in place to deal with their requirement that payments be made only in the form of cash or check. Tyra-Lukens asked if their patients can get medicine in any of the eight congressional districts after registering with the state. Dr. Kingsley said the patients may get it in any of the districts. Tyra-Lukens asked if the manufacturing occurs at the greenhouse. Dr. Kingsley said it must occur there by law. Case asked if the legislative law would supersede our local ordinance and if there would be any disadvantage to our having been the first to allow this type of facility. Rosow said the law restricts distribution of medical cannabis to those who have medical conditions that are currently identified in State statute. Because our Code is keyed to the current State restrictions, if the State were to broaden those categories to allow others to qualify, staff and the Council would have to determine whether the regulations we have in terms of zoning for this type of operation would still be valid. We have parking requirements that are related to the anticipated usage of the facility. He did not see State statute trumping the City's regulations because the State would have to take away the zoning regulations. Aho asked what is driving the decision to come to Eden Prairie and if Eden Prairie is the sole focus for the location. Dr. Kingsley replied they do have some specific locations in mind in Eden Prairie. They did a demographic analysis and found that Eden Prairie would be very accessible for patients in the Third District. Aho asked if the formulations have dosages that are well determined for all the different factors. Dr. Kingsley said they are able to formulate to a precise dose, and there are several FDA tracked medication dosages. Aho asked if there are defined standards in terms of normal medications. Dr. Kingsley said the medications are fairly well studied. Nelson asked if they plan to rent or purchase the building. Dr. Kingsley said they will be renting for all their dispensaries. Nelson asked if they would continue to meet their standards if they were to move. Dr. Kingsley said they are required to meet the standards in their license. Nelson asked about the length of their lease. Dr. Kingsley said it is CITY COUNCIL MINUTES April 21, 2015 Page 6 generally five years and noted their dispensary facilities will be ones that he would be comfortable to have in his own neighborhood. Butcher Wickstrom commented the size seems very appropriate to the function, and she was comfortable with the planned facility. Aho noted in the body of the text provided to the Council there is a statement that the facility must be located 1000 feet from a school. Getschow said State law is a minimum of 1000 feet from a school location. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing, and to approve first reading of the ordinance amending Chapter 11 to define and regulate the use of medical cannabis distribution facilities. Motion carried 5-0. Getschow noted the action taken by the Council for first reading of the ordinance is, if there were to be such a facility in Eden Prairie, even if it were to be for another company or for another scenario, it would be limited to certain zoning districts. Tyra-Lukens asked if we would be asked to approve a dispensary. Getschow said we would not, and that was the reason for having the full presentation tonight. C. APPROVE WELLHEAD PROTECTION PLAN Getschow said Eden Prairie and all other public water supply systems are required by Minnesota Department of Health to maintain a program which protects the public water supply from contamination. Each city's program is designed specifically for the conditions and the environment in the areas surrounding each water well, and to ensure community growth and expansion do not negatively impact the city's water supply, the plan must be updated every 10 years. The update process has resulted in the formulation of a document which prescribes the city's plan to protect the public drinking water. Rick Whalen, Manager of Utility Operations, gave a PowerPoint presentation showing the planning process used to develop the updated Well Head Protection Plan (WHPP). He noted Kevin Miller was the consulting hydrologist who helped develop the draft WHPP. He said Eden Prairie has 15 deep wells averaging 400 feet in depth that pump water from the Prairie du Chien-Jordan aquifer. There are two million acres of land that contribute to the watershed area. In developing the new plan they determined that the Drinking Water Supply Management Area is larger than originally thought. Case asked if tritium is coming through the fissures or spreading out over the last 60 years. Whalen said water comes to the wells from all directions at various speeds depending on the surrounding rock. They are not sure where the radioactive material gets into the aquifer. Whalen said they are working on a partnership with the bordering communities who share responsibility for our water. That is important for Eden Prairie as well as to the other communities. He reviewed the locations of the Class V sites. CITY COUNCIL MINUTES April 21, 2015 Page 7 Aho asked if the residential well heads are at the same depth as the City's wells. Whalen said those wells are typically less than 200 feet and are drilled into a glacial till formation. Whalen said they are primarily concerned with the pathways to contamination by private wells. City staff is working to make sure the existing regulations protect future development. We are working on a coordinated spill response with the neighboring cities and on an education program. Aho asked if they also look at the long term viability of the aquifer to provide water to those it serves to see if there is any danger of depleting the aquifer. Whalen replied we are involved in another process of updating the City's water supply plan. The Metropolitan Council works with communities on a collaborative approach to identify future water sources, and we are participating in that. We are sharing information and proceeding with our Comprehensive Guide Plan update. Nelson asked if we are going out to talk to those people who have private wells in the City to make sure they understand that they might do something that would impact the water supply. Whalen said they send out bulletins and have hand delivered information to Class V wells. Nelson asked if those people will have to sign something that they understand their well's impact on the water supply and that they intend to use it properly. Whalen said they will look specifically at high risk areas and, if the wells are in the County well index, they would go to private wells first to speak to the property owner. They are working on a handout for those property owners. Nelson asked if that will happen this year. Whalen said, as part of the Part 11 plan, we have ten years to engage members of the public. Once the plan is adopted and approved, owners with high risk wells will be contacted. Nelson said it would be good to reach out to them in less than ten years. Tyra-Lukens asked how long it will take for the State to approve the plan. Whalen said the Department of Health gets it next after the Council approves it. They want to have it completed by July, 2015. There were no comments from the audience. MOTION: Aho moved seconded by Nelson, to close the public hearing, and to adopt the City of Eden Prairie Wellhead Protection Plan. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson 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 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL MINUTES April 21, 2015 Page 8 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager's Review and Compensation Tyra-Lukens said the City Council met on March 31, 2015, in a closed session to evaluate the performance and proposed salary of the City Manager. In the review process, the Council considered responses provided by Council Members, department heads and others. They reviewed the City Manager's accomplishments and priorities for the next 12 months. In summary, the evaluation is that Mr. Getschow continues to do an excellent job, and the City Council is proud to have him as our City Manager. Mr. Getschow's salary will be increased to $163,363 per year. MOTION: Nelson moved, seconded by Butcher Wickstrom, to commend City Manager Getschow on his outstanding performance and to increase his salary to $163,363 per year. Motion carried 5-0. 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 1. Regulation of Train Speeds Ellis said his office does not routinely get concerns about train speeds in Eden Prairie. The authority to set train speeds rests solely with the Federal Rail Administration. The rail administration looks at various factors to set the speed limits, such as the condition of the tracks, the warning systems, and the volume of rail traffic. The speed through Eden Prairie is now 30 mph. and the railroad is authorized to run three trains per day, on average. The MnDOT Office of Rail Administration can temporarily set train speeds for emergency purposes. He noted two of our three signals are being upgraded. They don't receive frequent requests that speeds be reduced. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES April 21, 2015 Page 9 XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:31 PM.