[0:05] folks will be ready to go as soon as we get a green light here from the people in the back [0:23] room well good evening everybody and welcome to the dino city council meeting it is Tuesday October 15th 201 [0:31] 24703 p.m. uh you just heard director benat talk a little bit about how we're [0:36] conducting these meetings they are both live and in hybrid fashion uh online people are watching in a variety of [0:42] different ways uh tonight there is both Community comment and um one public [0:48] hearing matter that folks could call in about uh if they so desire and um we'll [0:53] get those numbers up on the screen I think so they can see uh the call-in information because that comes up fairly [1:00] fast on the agenda for Community comment and again just a reminder uh whether you're here in the audience or you're [1:06] watching in from uh home or some other place remotely uh you can uh visit with the [1:12] council about a matter of concern to you that's not on the agenda this evening or other otherwise scheduled for a future [1:18] public hearing so having provided that information I'm going to ask our clerk Sharon Allison to call the [1:25] role here council member Jackson here council member Pierce here council [1:30] member rer here mayor huin here next is the Pledge of [1:36] Allegiance Pledge of aliance to the flag of the United States of America and to [1:42] the Republic for which it stands one nation under God indivisible with [1:49] liberty and justice for [1:55] all thanks everyone um we've got a form of meeting agenda in front of us that's been [2:01] published to the council and the general public is there anyone on staff or Council that wishes to modify the [2:08] meeting agenda in any former fashion all right is there a motion to approve the meeting agenda is published so moved [2:13] second U member Jackson moves member Pierce seconds the adoption of the meeting agenda is published any further [2:20] discussion all those in favor of adopting the meeting agenda is published say I I I opposed carried and now we are [2:27] at Community comment uh I'm going to first invite anyone in the audience that's you know wishes to speak to the [2:33] Council on a matter of concern to them it's not on the agenda this evening we're scheduled for a future public hearing to feel free to come forward and [2:39] give us your name and your address and just reminder you'll have three minutes Sandy Carlson 4433 Ellsworth Drive um I [2:47] just wanted to comment on the 7200 France project being removed from the agenda this evening it was removed and [2:56] there was not a single word in what came out to the public as to why it was [3:01] removed from the agenda I had to contact the city staff to find out you know what [3:07] had happened with that and the frustration is you know we as a as a [3:12] residents organized to have people attend the meeting tonight and so you [3:17] know it's hard for us to get out you know the new dates and what happened to everyone and there were people who [3:24] showed up here tonight to um listen to the discussion on that that we had to [3:29] sit in the lobby and tell them I'm sorry but it's been moved off the agenda and so I would just ask for better [3:36] communication from the city when things get changed on the agenda so that we can [3:42] get that word out to Residents in a timely manner but it is frustrating for people when they they show up to a [3:48] meeting and they found out that you know the the item has been removed from the agenda so I appreciate um you know more [3:54] timely notice and um more information being provided to the community when these changes happen thank you all right [4:01] thank you let's let's just check on that when was the agenda published was that on [4:08] Friday sorry yes that's the normal time for it to be published I believe that's when it was [4:14] published all right uh anyone else yes member rer I'm just curious why [4:21] it was pulled from tonight's meeting Dr Teague any insight on that [4:27] yes it was at the request of the applicant um it's mea week and he was traveling with his family so had [4:34] requested the extension it wasn't a public hearing um [4:39] when he made the request we did change the website better together for when the date occurred um but we just simply [4:47] didn't put it on this evening's agenda thanks for that any follow on [4:53] member rer no thank you okay um anyone else [4:58] wish to address the Council on matter of concern to [5:26] them good evening mayor members my name is Ralph ziker I live at 4311 Cornelius [5:32] Circle you hold the microphone a little bit closer Mr ziker thank you residence [5:37] of Adina I've spent my professional life in a variety of financial roles [5:43] including 11 years at St Jude Medical maker of the world's best mechanical heart valve a company whose [5:50] quality motto was quality is our top priority because our customers lives [5:56] depend on it in the past two years I've stood here and tried to shine a bright light on the [6:03] lack of transparency in our city government because without transparency we cannot have quality [6:10] decisions given the city's consistent lack of transparency with one big issue after another one only can only can only [6:17] assume it is purposeful in nature Behavior orchestrated by the city manager and consistently supported by [6:25] the mayor and select council members number one I pointed out that [6:30] water rates for almost all commercial accounts decrease by 10% While most of the residential rates [6:38] increase by over 30% and Commercial accounts still pay less than they did two years ago a point [6:45] which took the city manager 14 months to acknowledge number two I pointed out [6:51] that the undisclosed use of 2 million doll of one-time reserves to lower last year's Levy to 9% and now once once [6:59] again the city has not disclosed the seven figure number used to lower this year's proposed Levy to [7:06] 133% one has to ask what other than less than transparent one has to ask what other [7:13] less than transparent means will be used to deliver on the mayor's comment in the suncurrent that this year's Levy will [7:19] not be 133% meanwhile member Jackson has the [7:25] audacity to have said that residents are responsible for for the 133% levy [7:31] because residents did not choose the rosin Park site for Fire Station [7:36] 2 number three I pointed out the lack of transparency with the proposed Macy site [7:43] a proposed Tiff District which in the last two months balloon from the initial 23 million to now $80 [7:52] million all to be funded by Future property taxes of real concern is the recent [8:00] addition of another $30 million earmark for a tunnel under [8:07] France why a tunnel under France you ask my best guess if the mayor can't have a [8:13] lid over Highway 100 let there be a tunnel under France [8:18] residents do you care about tens of millions of dollars because if you don't past [8:25] experience shows how easy it is for City staff the mayor and select council [8:30] members to go their merry way finally a shout out to member Pierce [8:37] I'm sure that without his in chamers support the proposed relief for the Morningside Community Church would not [8:43] have happened thank [8:54] you anyone else saw gentleman in the back that wish to to speak yeah a couple [9:00] of them [9:41] let's See's or that [9:47] way all right let's do this all right okay go my name is Mark [9:55] Mitchell I live at 7001 Heatherton Trail in [10:02] Idina given that the 7200 project has been pulled from tonight's meeting this is fair game for [10:10] comment my concern as well as the concern of many of the residents in the [10:15] immediate area is the consistent violation of the building [10:22] height overlay districts dates all the way back to the Weston [10:29] the um the 7,000 the 70000 Z France Avenue approval [10:37] and I'll show you the uh the legend that's posted on the Adina [10:44] website which is dated December of 2013 I pointed this out last time when I was [10:50] in front of the council so I'm assuming that since this is posted on the website this is the the most recent [10:59] um I'm not going to go through all of the violations of the bower the Weston [11:04] the proposed lifetime 70th in France because they all blow through their H [11:09] districts by quite a bit so let's focus [11:14] specifically on our proposed site which is [11:21] 7200 so I don't have MCC carser working on this thing uh but at any rate we got [11:29] all see Hazelton we can see where Gallagher comes through and we can see [11:35] the uh unnamed Street which is 72 in France and uh it's it's [11:43] um it's it's zoned in the green and the green is an [11:50] H4 with uh with four stories or 48 [11:56] ft now clearly that blows right through the [12:04] restrictions and this is a concern it really is the the height of these buildings is [12:11] uh annoying in that they light up like Roman candles specifically in the late [12:19] fall all through winter and spring before the deciduous trees leave out again and we won't get into the Myriad [12:26] of the increased traffic density that's been going on with these extremely tall [12:32] buildings for our residential purposes and I don't think the transition zone from the height stepping [12:40] down to the residential height is really um taken seriously so those are my [12:47] comments thank you for hearing me out I appreciate your time and attention on this matter thank you Mr Mitchell [13:13] good evening mayor good evening Council name is John Crabtree I live at uh 548 [13:19] oakw Avenue I wish to comment this evening on the a diner railroad analysis [13:24] which was a study which was published late last year uh I have some very ser serious concerns about it I think I'd start by [13:31] saying is that you've um treated uh cpkc [13:37] the owner of the Dan Patch line with very little respect uh I believe you've drawn incorrect conclusions or [13:43] conclusions that you cannot make as to the class of their track operation as a consequence of that you then commented [13:50] upon the gauge of the track and which uh I don't think that you were in any [13:55] position to do and you also implied that you trespassed or your consultant trespassed on their property in performing that [14:01] work there is some discussion so moving on to the history then which is published in this document um I find it [14:08] at best incomplete uh there were actually at one stage six railroad stations here in [14:14] Adina they're not all mentioned in this report and particularly the one at Grand View [14:20] Heights I wonder why now the report does mention in 1982 the Sue line purchased [14:27] the railroad but it doesn't say why they purchased the railroad and that was [14:32] basically because it was their plan at the time to build a bypass and B [14:38] basically put build a trunk Freight Road Freight railroad down to Kansas City now um they bought the railroad but [14:46] then they were not successful in buying the next railroad I don't see now that CP cpkc own the railroad why there is [14:54] any particular reason they may not wish to do that in the future given that the operational problems they have of [15:00] getting trains through the Twin Cities are well known I would also comment on History the report states that [15:07] Progressive rail bought the line in Bloomington in 2001 in fact they leased [15:13] the lines that to me is a difference now let's talk about the bridge over the uh [15:19] the Minnesota River TC andw are in the bridge and track to the mile to the [15:24] north and uh shortly to the South quoted as saying they do not want to go through [15:29] the trouble of repairing the track and uh and the bridge however in the last [15:36] three years somebody has been repairing the track to the north of the bridge more recently in this year the [15:44] car the sidings on the Cargill land just to the south of the bridge have been completely [15:49] rebuilt the bridge itself was restored to operation and did operate in [15:56] 2016 and finally last year mind put out a report which said that TC [16:02] andw wanted some money to help repair the track south of the bridge now if the [16:08] bridge were not working why would they not why would they ask for money to [16:14] repair the track but not the bridge you can answer that question so [16:21] in conclusion I'd say two things the city the residents of this city do not deserve this disingenuous [16:30] and self-serving report and can you still tell me that grain trains will not run through this town thank [16:39] you thank you Mr [16:46] Crabtree anyone else wish to come [16:57] forward all right all right let's go to and see if we have anybody online that wishes to address the Council on a [17:03] matter of concern to them I I do have a caller who's signaling um let me unmute that line [17:11] I'll go to our WebEx View and caller please go ahead by stating your full [17:16] name and address for the record and then begin your remarks suan Lee 6708 Point Drive good [17:26] evening I was very surprised to see 11 public hearings scheduled by the city [17:31] manager for a single evening this is wholly unprofessional for a city and [17:37] shows so little regard for residents time and prior commitments as you know a very important [17:43] public hearing that should have encourag vigorous and full involvement of the residential Community was placed at the [17:50] very back of the city council agenda on October 1st the judicious placement forced [17:57] residents to sit through through the entire city council meeting reviewing along with you each and every agenda [18:04] item and its uent discussion and decisions the item was finally addressed [18:10] at 11:15 p.m. in the evening any reasonable person would find it hard to [18:16] believe that more care was not taken to consider the placement of items on the [18:21] agenda it is hard to believe that this was not done deliberately to silence [18:27] residents I asked ask that you direct the city manager to cease this type of [18:33] behavior in addition vote the site plan approval for the 7200 France project and [18:40] the tip funding approval for the Macy's site have now been postponed until after the election one can't help but wonder [18:48] if certain candidates up for reelection are trying to avoid being on the wrong [18:54] side of the vote which would hurt their reelection chances if this is not true I apologize for [19:01] suggesting it but it indicates that more thought must be given by all of you to [19:08] preempting these types of conclusions on the part of residents I believe you must vote no on [19:16] the postponed 7200 France Avenue plan approval all previous projects proposed [19:24] for this parcel did not move forward in part because a vehicle exit entrance [19:30] driveway onto France Avenue was a requirement but not supported by the [19:36] county how this project was allowed to bypass this previous requirement is [19:42] troubling it was such a major discussion point in all previous schemes traffic [19:48] through the adjacent neighborhood was a priority back then is it no [19:54] longer residents are now told by staff that no site plan and [20:05] reapprovals city code indeed a full review by the Planning Commission and [20:11] city council should take place in order to [20:18] reapproved please do the right thing and listen to your resident [20:23] constituents thank you thank you Miss Lee [20:30] I have no other callers at this time all right anybody else in the [20:35] audience all right let's um now as our practice uh is to um respond to the [20:42] community comments that were made at the prior meeting uh they're usually done uh online immediately following the um uh [20:49] city council meeting that occurred that that particular uh period so usually by Friday following that Tuesday meeting [20:56] there are responses online to the questions that were raised or the concerns that were raised at the council [21:02] meeting and then we also have our city manager provide that supplemental information at the following council [21:08] meeting so we're going to ask him to do that now with respect to comments made at the prior council meeting thank you [21:14] thank you your honor members of council uh there are three uh comments Community comments uh from our previous meeting [21:20] that I'll follow up on in um today the first one is long but it has to do with [21:26] the 7235 uh France Avenue project uh will will the pledge of $23 million in tax [21:34] increment financing close a gap and also the question U again about what is a a [21:39] typical rate of return that that is in a mixed use project like this in our experience we hear from our experts and [21:46] from staff who are involved in this um uh that somewhere between six and 7 and a half% is a is a typical Market return [21:55] or that's what they seek anyway uh and yes the answer to whether $23 million in [22:01] interest bearing Tiff notes uh would cover the financial G Gap uh the answer [22:06] from um our folks is yes it should second question was uh will the [22:12] city consider maintaining the sidewalk on conquered Avenue within the recent Street reconstruction project we just [22:17] had a a council discussion about that uh upstairs in the work session prior to this meeting and we have that on our [22:25] agenda uh in the reports and recommendations section so you'll have a chance to to to do that later finally uh [22:31] what is the city going to do about making uh the community safer for pedestrians and cyclists uh one thing is [22:37] we have our City attorney working on a an ordinance uh that will put some [22:42] regulations into local regulations into effect um regarding ebike usage in the [22:47] city and also City staff looking for opportunities to improve our infrastructure uh for both pedestrians [22:53] and cyclists using the Pax fund that prompt any on from any council [22:59] members okay let's move on then to the next portion of the agenda which is the [23:06] consent agenda there are several items there on the consent agenda we would typically handle those in a single [23:11] motion uh is there anyone on the council that wishes to remove an item from the consent [23:16] agenda hearing nothing is there a motion to adopt the items on the consent agenda in a single motion so moved second M [23:23] Jackson moves member U seconds the adoption of the items on the consent agenda portion of the agenda and single [23:28] motion any further discussion all those in favor of adoption of the items on the consent agenda and a single motion say I [23:35] I I opposed carried all those items on the consent agenda portion of the uh [23:40] main agenda are adopted and then let is uh that takes us [23:48] to um the special recognitions and presentations portion of the agenda this evening and um Lieutenant Ryan Schultz [23:55] is with us and we're going to get from an information standpoint only and I think this will be quite interesting to [24:01] all the folks in the audience and maybe especially the scouts that might be hearing something about this for the [24:06] first time we have something in idand called an alternative response team and [24:12] we're going to see a presentation uh with respect to the activities involved in that alternative [24:18] response team work that they do on behalf of all the residents of V [24:32] mayor council thank you very much for having us here Ryan Schultz one of our lieutenants with the police department [24:37] uh as the mayor said we're going to talk about our alternative Response Team um and really how this started is our Edina [24:45] police mental health Team uh and how it started off is back in 2020 we saw a [24:51] need to partner with henan County to have a embedded social worker and that [24:57] social worker would uh get police reports after the officers were out there and then they would provide some follow-up care and resources to the [25:04] people in need and that varied from mental health to chemical dependency [25:10] unhoused elderly and they really would get them in that transition into some LA [25:15] Care programs and it's worked out really well uh in 2022 she became full time and [25:23] works in our office and as we were working with her and looking at it we [25:28] determined a need for some on demand Services she was doing really good on the followup and she has some clients [25:35] that have um stayed with her for over a year she also carries a case load of 30 [25:42] to uh sometimes up to 100 people in a year she helps out uh but we really were [25:47] looking for another way to um in demand be able to send one so that's where the [25:53] alternative Response Team came about we started talking about the need [25:58] and uh how we were going to make it work uh our Dispatch Center we also dispatch for Richfield police department so we [26:05] brought Richfield into the discussions and had some ideas from Brooklyn Park was running the only [26:11] alternative Response Team uh but we really wanted to make it work for our residents in our city so uh we had [26:17] several collaboration meetings and worked on a plan to make it fit Edina [26:23] and Richfield and down here and started a pilot on June 24th of [26:30] 2024 um what we did that was a little different in our pilot program compared to Brooklyn Parks is not only do they [26:36] respond to select 901 calls they also provide followup uh the next morning if our [26:42] night shift is out on a call so how our alternative Response Team Works is it is [26:47] a hanban county social worker and then any D up paramedic firefighter that is [26:53] um paired in a a team those two they work out of our police department they carry police radio around they listen to [27:00] the calls if it is a call that they believe they can assist on whether [27:05] that's mental health it could be um just a welfare check it could be someone that's unhoused they will get on the [27:12] radio and add themselves to the call and they'll respond out there um the goal of [27:17] them going out there is they have a huge Rolodex of resources so they can really help um what this person maybe they need [27:26] a shelter our officers have access to bring them there but we don't know which ones are full which ones aren't this [27:32] team has the ability to look and have contacts with all the shelters to bring [27:37] them to one that's open or one that's good for whatever their needs are it [27:43] also helps relieve our police and fire units that are on a call um there's times we can go to a call and need to [27:50] spend a significant amount of time working with the family to come up with a solution or putting them in a [27:58] uh with the fire department and transfer to an ER which isn't necessarily the best place for them to go uh this our [28:05] team will show up and they will spend the time to talk to them and come up with alternative Solutions and sending them to an ER there are better places um [28:13] for them to go and then they'll work on the long term um so we've had a really [28:18] good success with them so far uh to date they've been to over 210 calls since [28:24] June uh when they went live on the pilot program uh it's been our officers a Buy [28:30] in from them has been great because a lot of times we're out there trying to solve the problem and we only know the [28:35] short-term solution of we have to bring them to an ER this allows them to go to [28:41] a better care facility and get some long-term follow up so the our team will refer people back to our embedded social [28:47] worker too to help um our embedded social workers help people get jobs has [28:53] given them a ride to the DMV to get their driver's license help them get transitional housing or permanent [28:59] housing um so it's been a really good program part of that whole team uh we [29:06] added a mental health detective uh and in Nina here uh detective Piper is part [29:12] of this and she's a good part of the team that she helps facilitate the mental health court process mental [29:19] health some of these end up into trespassing and just giving them tickets and sending them there isn't always the [29:25] best option uh she helped work through that court process to help the family um [29:32] or to help the person in need there and then she'll go with our our team she'll [29:37] go with them or embedded social worker on follow-ups to provide that police resource on um someone an example could [29:45] be an elderly uh person that maybe um is a victim of some Financial [29:52] crime we need the art team for some resources and then Morgan will come as the detective to help with the the [29:58] criminal investigation help walk through that she also handles all our V vulnerable adult cases and her most [30:05] important job she's Lou's trainer our uh therapy dog for our Police Department uh she is training Lou and then when Lou is [30:13] through his training she'll be able to bring Lou out not only for RPD but out to the community on various [30:21] calls uh lastly what's the future as I said this is a pilot program uh so we're [30:27] constantly evaluating and figure out how to make it better uh we're looking at we applied for a grant through the state to [30:34] try to increase our hours so we can maybe add an additional team uh based on call volume in the [30:40] afternoon hours and look at that uh in continue to develop our Partnerships we [30:45] have a really good relationship with Bloomington Public Health and our embedded has started bringing them along [30:50] on some uh calls so continue to see how we can bring more resources in to help [30:56] that and then Lou going on calls so any [31:02] questions questions or comments from Council [31:07] Members okay member Jackson go ahead well thank you uh sergeant lieutenant Schultz you [31:15] got to get your rank correct um this is this is I'm so excited about this program I think it's just wonderful um [31:22] and and I'm glad that it's up and running and um going well so a couple of questions one is um actually sure [31:30] they're related this is something new and are we documenting how we set it up [31:36] and um how it's working and sort of setting up milestones for what we consider to be success a so that we can [31:44] evaluate it and then B so other places can replicate it we are yes so as part [31:50] of the pilot we are um document everything we go along what works what doesn't work um we've changed what elcs [31:58] we're collecting so we know how to measure success um and so we're constantly evaluating that and I think [32:04] we're set up in a really good spot our neighbors have uh reached out several times on how it's working they are [32:10] really uh interested in it and I think we see an opportunity as a future to be able to expand this out Beyond D and [32:17] Richfield and share what we've come up with and um there's been some really [32:22] good success stories uh as our team goes out there and they send me an email like [32:28] uh how great things have been um one recently they went out met with a family [32:34] and they had a juvenile that was having some um suicidal idation the ER wasn't a [32:39] good spot for them our officers were hey we need we want the r team to come here they met with the family then a couple [32:47] days later they hear a call for an unrelated issue at that house the art team responds with our officers and ends [32:53] up going there to relieve the officers the fire department spends a couple hours hours and then gets the juvenile [32:59] to a care facility that's better than bringing them just to the ER so um there's numerous really good examples of [33:07] um the great uh ability we have that us as police officers don't always have that roll adexa tools to to be able to [33:14] do that so so is one of the things that you're measuring um how much time police [33:20] time is then freed up from having to respond to these types of calls uh so [33:26] yeah we are tracking uh how many they're relieving so a lot of these calls there's unknown when they go to them so [33:33] they're not uh eliminating the police but they're relieving us so we don't [33:38] have to be on scene as long to find someone that can maybe come up with a care plan for them they come in and and [33:44] take that so we are tracking on every call they go to how many police were relieved how many fire were relieved um [33:51] that allows the officers to get back to any other call that might come in okay and then this is kind of just an oper [33:57] ation question as you're telling the story um we've got the authority that we need to transport people to places other [34:05] than the ER under this system because wasn't that one of the problems before that if a paramedic arrived the only [34:11] place that the ambulance could take the person was to the emergency room now we've eliminated that barrier correct [34:18] yeah one of our goals is to eliminate what we call Transportation hold is they [34:24] aren't able to care for themselves they have to go somewhere the only place they we can bring them and put them on a hold it's a hospital um this allows them to [34:31] come up with other care plans and bring them to those other facilities that our paramedics are not legally allowed to [34:37] transport them to okay well thank you and thanks to your team anything else member U thank you so much for the [34:44] overview that I love this program and it's great to see that and I am excited to see some of those metrics over time [34:50] as we continue throughout the pilot um logistical question uh what are the [34:55] hours that are served by um these social workers right now um [35:01] from just like a coverage standpoint uh right now they're at 9 to5 Monday through Friday uh we continue and that [35:08] that was based on the pilot based on our call volume of where they the most calls [35:14] were uh we continue to evaluate when the best time to get eight hours 40 hours a [35:20] week is um and that's why one of the reasons we Chang from the broken Park Model is that immediate followup so if [35:27] night shift goes to a call at 2 a.m. and there's a person in need there [35:34] the officers will write a report and they might even have to transfer into an ER but this team will come in in the [35:40] morning and they review that report and they'll go out to the ER and meet with that person to try to prevent the follow-up call so if they live in town [35:48] we don't have to go back they have some long-term goals so we're trying to capture that but we know there's still a [35:54] need probably for extended hours yeah well thank thank you and I think especially as we go through and collect [36:00] the data also like you did earlier pairing it with a couple of those anecdotal stories as well I think helps [36:06] convey the impact so thank you thank [36:12] youer oh just thank you um good to yeah and just to kind of reinforce the notion [36:19] with with Lulu I happen to run into officer Piper and Lulu outside here one day in front of the city hall and that [36:25] really it's a sweetheart of a dog it's uh she's so uh I think she'll be wonderful from a therapy standpoint both [36:33] within our our our crew and then also with the general public so yes [36:40] absolutely yeah all right okay too bad we couldn't have Lulu here tonight he's [36:45] going to come I promise uh so he a little update on on Lou is he's progressing really well in training it's [36:52] it's about a till they get to a year till I get certified as a therapy dog uh and he comes to work every day and runs [36:58] around our office so we get to experience and watch Lou grow um but we're super excited to bring him out and [37:04] introduce him and um show him off because he is going to be a really good addition to our team good thank [37:12] you thanks that update the next thing on this part of the agenda special recognitions and presentations is a [37:19] proclamation uh for something called extra mile day which is November 1st 2024 and the proclamation reads as [37:26] follows whereas e Minnesota is a community which acknowledges that a very special vibrancy exists within the [37:33] entire Community when its individual citizens collectively go the extra mile in personal effort volunteerism and [37:40] service and whereas Ed Minnesota is a community which encourages its citizens to maximize their personal contribution [37:47] to the community by giving of themselves wholeheartedly and with total effort commitment and conviction to their [37:52] individual Ambitions family friends and community and whereas he d Minnesota is [37:58] a community which chooses to shine a light on and celebrate individuals and organizations within its Community who [38:03] go the extra mile in order to make a difference and lift up fellow members of their community and whereas he Minnesota [38:10] acknowledges the mission of extra mile America to create 550 extra mile cities in America and is proud to support extra [38:17] mile day on November 1st 2024 no therefore the city council of the CD is hereby proclaimed November 1st [38:24] 2024 to be extra mile day and urg each individual in the community to take time on this day to not only go the extra [38:31] mile in his or her own personal life but to also acknowledge all those who are inspirational in their efforts and [38:38] commitment to make their organizations families Community country or world a better place is there a motion to adopt [38:44] the proclamation as read so moved second uh member Jackson moves member agnu [38:49] seconds the adoption of extra mile proc the extra mile Proclamation extra mile day being designated as November 1 2024 [38:57] for any further discussion all those in favor of adoption of the Proclamation is read say I I I opposed carried and we'll [39:05] provide this to our clerk who will um log it uh into the record here of the [39:10] meeting um next we are going to move into the uh [39:15] following portion of the uh agenda and that is the public hearing portion and we have one public hearing matter in [39:21] front of us this evening it's a request for a conditional use permit with variances for a new a potential new home [39:27] at 4208 Philbrook Lane here in Idina and our assistant city planner Chris Hawker [39:33] has a presentation and this is from a staff standpoint we'll also hear from the uh [39:39] architect and possibly the owners as well [40:01] Mayors member of the council the request is for a conditional use permit with [40:06] variances for T 4208 Philbrook Avenue site location is just North of [40:15] Philbrook Avenue is highlighted in red it is a rambler with an attached to [40:22] car garage the property [40:27] is currently um in the flood zone it um actually is [40:33] in the flood way you can see this line across the existing house this is a [40:39] survey of the existing house and conditions of the [40:44] property the um request this evening is for a um non-conforming home to be um [40:53] torn down and rebuilt and for a new home home to take its place uh requires a [41:00] conditional use permit um based on the flood status um of the property as well [41:07] as a setback variance um and then also a variance [41:12] from the amount of exposed basement wall area given the fact that um there's a [41:17] limited amount of fill that can be put in the flood zone area the original home [41:23] was built in 1960 and predates the flood insurance study which was conducted in [41:28] the late 1970s um and that study then designated the property in the [41:34] floodway after conducting a site and structure study the homeowner established that the renovation or [41:41] addition to the current property just isn't possible given the flood weight designation and their family [41:49] needs this is a slide of the new home which is um in the magenta color [41:54] underneath it is the purple um um existing home so the U the new building [42:00] footprint is much smaller than the existing home the um house on both sides [42:07] is non-conforming in terms of sidey yard setback the minimum sidey yard setback requirement is 10 feet on the right hand [42:14] side it's um about 4.3 feet away and on the left hand side [42:20] it's like 5.9 ft from the side property line what they hope to accomplish is to [42:27] continue that existing non-conforming setback on the left side of the house and then they would pull that new [42:33] building wall um over 11 ft away from that sidey yard which would um greatly [42:40] improve the setback along that South lot [42:46] Line This is the new home then in context they need a conditional use permit for a stem wall and a fill pad to [42:54] locate the house um in order to address the flood plane issue they also need um [43:01] the variance from side yard setback as well as a um 22.7% variance from the 50% maximum [43:10] excuse me for exterior basement walls to be 72.7% above grade and therefore counted [43:17] as a third story uh the maximum Building height allowed in the R1 district is two [43:22] and a half stories so that basement would be counted as a story so Essence would be considered a three-story home [43:30] however um the overall height of the building as measured from the front building wall from the existing grade um [43:37] that's how the overall measurement is taken to the very top of the roof this is just a little over 31 ft and for this [43:44] width of a lot it could be over 35 ft so they're well within the overall height [43:51] requirement the design and location were determined to be possible after [43:57] extensive coordination with the city of udina the Department of Natural Resources and the Watershed District the [44:03] conditional use permit and variance review and approval is the first step in the local effort to move this project [44:10] forward towards FEMA um for them to review um the next [44:15] step after receiving all the local approvals is to pursue a flood plane letter of map revision or lar through [44:23] FMA to remove the floodway designation on a portion of the property so that [44:28] this home can be built a subsequent action will also be needed to request a lar F to remove the new home once built [44:36] based on fill from the flood plane designation to potentially alev alleviate the need for flood [44:42] insurance even with achieving the local approvals there is no guarantee FEMA [44:48] will approve the project this property is a third generation owned property that has always been held in the family [44:55] the owners have invested a cons considerable amount of time and upfront resources for just the [45:02] possibility uh to continue the gener the generational occupancy um by building a functional [45:09] home new home where they would like to raise their family so the next slides are the floor [45:17] plans and elevation of the prop of The Proposal this would be the lowest level floor [45:23] plan main floor floor plan the upper level floor plan which you um should [45:31] notice that they've put all of that second floor mostly over on the right hand side of the house and so the area [45:39] that is the closest to the sidey yard which would be the garage um actually does not have a two-story element above [45:46] it it's has a lower roof line and that is intentional to try to to uh reduce [45:52] some of the impact of the house on the next door neighbor and then on the right [45:57] hand side actually they've increased the setback Beyond just the 10 foot that's [46:04] required so you'll see that here in the South elevation or the front elevation that the closest point of the home that [46:11] they're requesting to match the existing non-forming setback is that they have a [46:16] lower roof line and then um on this side they actually have that TW story element but it's going to be um pulled further [46:24] away from that south or from that yeah South lat line so these are the East and West [46:31] elevations and you can see um that exposed basement wall area and then the [46:36] north [Music] elevation the front elevation of the [46:42] house and then the house in context after it's built uh given the [46:48] surrounding uh homes so per section 36 305 the city [46:57] council shall not Grant a conditional use permit unless it finds the establishment maintenance and operation of the use one does not have a an undue [47:06] adverse impact on governmental facilities utilities services or existing or proposed improvements staff [47:12] believes the proposed project is located within an established neighborhood and will be rebuilding on a former home site [47:18] with pre-existing governmental facilities utilities and services and improvements the existing home will rep [47:26] be replaced with a new home that will not have adverse or additional impact on the existing [47:31] infrastructure number two the project will generate traffic within the capacity of the street serving the [47:37] property staff believes the proposed project will not generate additional traffic number three does it not have an [47:44] undue adverse impact on the public health safety and Welfare staff believes it does not um have any adverse impact [47:52] on public health safety or welfare number four will not impede the the normal or orderly development and [47:58] Improvement of other property in the vicinity staff believes the proposed new home would enhance the property and will [48:04] fit well within the site the proposed use is allowed within the R1 zoning District the proposed project does not [48:10] impede the normal or orderly development or Improvement or or of surrounding property or property within the [48:17] vicinity number five conforms to the applicable restrictions and special conditions of the district in which it [48:23] is located as imposed by um the section the proposed project has been designed [48:29] to satisfy all city code Provisions with the exception of the variances based on [48:34] supported in existing site conditions upon receiving City approval the project will also need to satisfy those FEMA [48:42] approvals number six it is it is consistent with the comprehensive plan [48:47] no amendment is needed to the comprehensive plan as the new single dwelling unit is the designated land use [48:53] and is permitted in the R1 zoning District St staff believes the variance criteria is also met in this instance as [49:01] well Minnesota State Statute ordinances require that the following conditions [49:06] must be met and be satisfied affirmatively to Grant a variance to relieve practical difficulties that [49:13] prevent a reasonable use from complying with the ordinance the Practical difficulty of the lot is the location of [49:20] it um having the floodway within it the left side setback variance of 4.0 09 ft [49:27] from the 10t requirement for a 5.91 ft sidey setback on the front left corner [49:33] of the home matches the existing non-conforming side yard setback of the original home and setbacks of many of [49:40] the homes in the neighborhood also have those non-conforming setbacks they were all developed about at the same time and [49:47] they all have um very similar setbacks the applicant has indicated multiple [49:53] scenarios were studied however they would increase the amount to fill an impact in the floodway neighboring [49:59] home side yard setbacks are consistently at that 5T and the proposal will maintain and increase side yard setbacks [50:06] from the existing conditions regarding the basement wall exposure it's caused by the inability to lower the basement [50:12] floor in the ground due to the minimum low floor flood elevation requirements and restrictions on fill on the property [50:19] also impact grading ability um and expose the basement walls will it [50:25] correct extraordinary circum ances applicable to this property but not applicable to other property in the [50:30] vicinity or Sony District the floodway designation is an extraordinary circumstance affecting and driving all [50:37] aspects of the home design it is a city goal to remove properties from the flood zone when given the opportunity this is [50:44] the opportunity for this lot there are circumstances that are [50:50] unique to the property and not common to every similarly zon property and that are not self-created the circumstances [50:56] related to the proposed project in both requested variants as unique to the property given lot configuration the [51:02] flood zone elevations with the impacts that are specific and unique to the site that are not like similarly zon [51:09] properties and will the variants alter the essential character of the neighborhood granting the variances will [51:14] not alter the essential character of the neighborhood the subject property is currently used for a single dwelling [51:20] unit the size location scale of the proposed structure is similar to other existing buildings in the neighborhood [51:27] the location of the structure has chosen was chosen for the compliance with femma [51:32] the sidey setbacks will match on side and increase on the other from the existing home setback basement exposure [51:40] is due to limitations on fill in the flood zone the home will appear as a two-story home from the street and will [51:46] conform to the maximum height measurement from the existing grade be before [51:53] improvements so staff recommends approv of the conditional use permit with a [51:59] 4.09 ft setback variance and a 22.7% variance from the 50% maximum for [52:05] exterior basement walls to construct a new home at 4208 fulbrook approval is [52:10] subject to the following findings the proposed project meets the conditional use permit standards of chapter [52:16] 36 the proposed project meets the criteria of Minnesota State Minnesota state statutes and the ad zoning [52:23] ordinances to Grant both variances requested the property is currently located in FEMA designated floodway it [52:30] is a goal of the city to remove structures from the flood zone when presented with the opportunity this [52:36] proposal will achieve that goal the project presents opportunity to correct flood plane designation which is a [52:42] practical difficulty that is unique and extraordinary circumstance of the [52:48] property the proposed project will not alter the essential character of the neighborhood [52:57] approval should be subject to the following conditions the constructions plans must be consistent with the [53:03] proposed survey and plans date stamped August 15 2024 compliance with all conditions [53:09] outlined in the city's engineering memo dated September 16th 2024 as follows an administrative [53:16] exception to the first floor requirement the successful letter of app map Amendment or lar from Fina which moves [53:23] the floodway designation off the pad building pad and which has been formally adopted by the city demonstrated no [53:30] increase or transfer in flood risk to others certified by a licensed engineer [53:35] the proposed stem wall must be certified by a licensed structural engineer permit [53:41] issued by the minw cre Watershed District an elevation certificate will be required before issuing a certificate [53:47] of occupancy and also compliance with the tree protection ordinance in coordination with the city Forester with [53:54] that I can stop and answer any question questions from that you may have um the applicants architect is present as well [54:01] as um the property owners thank you Miss AER let me check with council members to see if anybody has any questions at this [54:07] point in time if not we can move on with the applicant portion of the presentation and maybe the homeowners [54:14] want to speak to us as well and uh at the Planning Commission [54:20] did you comment on what occurred at the Planning Commission um it was passed [54:27] um by one uh denial the rest of the the Planning Commission supported [54:32] it remember the the vote was so there was one one person that voted all all the rest of the planning Commissioners [54:38] voted in favor of it that's correct okay thank you and and the engineering report [54:44] I take it from that condition you imposed that uh the engineer has our city engineer has reviewed this and Sh [54:50] the report to be or the condition to be satisfactory or the application to be satisfactory yeah we put it together and [54:56] Jessica Wilson's here to answer any of those specific flood questions you may have and is it necessary for you to [55:03] assist the applicant should it be approved with respect to FEMA or any other Watershed District issues [55:10] Jessica's already been assisting this applicant quite a bit on all these conditions [55:16] already um all right let's let's hear from the architect and and the homeowners if they want to speak with us [55:21] as well [55:27] do you want to give us your name and your business [55:32] address too please absolutely uh Heather monum it's 2905 saddle book Circle in [55:39] vatanka um good evening mayor and C council members I want to thank you for your time this evening and um especially [55:46] thank you to staff for their guidance and all their time and effort on this uh very complicated project um Chris did a [55:55] really thorough job job of explaining the project um I've got some you know additional exhibits here as well this [56:01] evening but mostly I wanted to introduce myself thank you for your time and make myself available for any questions you [56:07] may have and the homeowners Mike and Courtney are here this evening as well too they don't plan to we present but [56:14] they're available if you have any questions okay and and any comment um I [56:19] take it this is Michael Bush yeah come on forward here Mr Bush yes that's [56:25] correct uh current address is 7112 Heatherton Trail that's where we live right now uh this is my childhood home [56:31] that I gr grew up in um just to give you a little color on the the human element of it uh and the attachment that we have [56:38] or that I have um my grandparents purchased the house in 1973 from the original owners um they lived there and [56:45] they raised uh half of my very large family half of my aunts and uncles in that in that house um they then uh sold [56:53] the house to my parents in um 19 88 or ' 89 I was about 2 or 3 years old uh we [56:59] moved from uh the west side of westro drive over to that home when I was about 2 or 3 years old um my mother passed [57:07] away uh in 1998 uh my father passed away in 2021 so ever since then uh my wife [57:13] and I have been working on the plans to continue our family tradition uh in this home so um we really appreciate uh your [57:20] time and consideration in this matter um you can imagine that it it means a lot to me and a lot to my family to continue [57:25] on that like legy and um you know we've really tried to do a lot with the neighborhood um to take careful [57:32] consideration of of how to go about this project uh make the home uh look like it belongs in the neighborhood still not [57:38] make it look uh you know very excessive and and gouty and things like that so we really want it to uh feel like it fits [57:44] feel like it has always been a a part of that uh part of that street um we've talked to um people in all directions [57:52] Neighbors in all directions uh we sent a letter to everyone uh up the Street on our street and along 58th Street where [57:58] all the backyards of those uh houses you know back up to our street just to kind of let them know what our intentions are [58:05] uh open it up for any possible questions or concerns they might have that we would be willing to you know uh address [58:11] with them so you we've really done everything we possibly can to be respectful of the neighbors and everybody in the area so that hopefully [58:17] this can be uh an appealing project to everyone so again thank you for your time I appreciate it and uh if there's [58:22] any questions for me yeah sure Mr Bush um uh are any of your neighbors here this evening I I don't believe so um one [58:29] one of our neighbors did attend and the neighbor that's closest to the West would be um uh near the uh variant [58:36] setback has been requested do you've had conversation with them yes we had a direct one-on-one conversation with them [58:42] and um they understood the complications and they understood you know how how challenging it must be for us to to [58:48] juggle all these factors and they were supportive best I can tell you're not as tall as your dad you remember I wasn't [58:55] sure if you'd remember seeing him at Jerry's all the time but uh yeah he sure made a point to to find you and Shake [59:01] Your Hand anytime he could and I think he was I think we were over at your family house one time and and uh yeah [59:07] quite a guy was and he was an assistant football coach here yes yeah we uh have done that together actually he uh when I [59:12] went off to college I was a graduate of Edina uh graduated in 2005 and when I went off to college he continued working [59:19] with the team and then when I finished College he kind of brought me back in and I'm still doing it uh 16 years later [59:24] so oh good yeah you he uh that was a fun fun thing that we shared together uh you [59:29] know driving to all the away games and you know being able to chat in the car and things like that and uh yeah when he [59:34] he passed away a couple years ago that was uh very tough very tough for us but I've continued uh doing everything that [59:40] yeah he was a special guy yeah um thanks for being here this evening and off [59:45] we'll stop talking about your family and maybe talk about the project a little bit see if anybody has any questions [59:51] member U has a question or two for you or the architect sure thank you um is [59:56] there a pool on the property today or is it a pond it's a uh well there's both there's a pool and then there's a um [1:00:03] small kind of man-made little little pond with a water feature okay can you speak to me about the plans for both of [1:00:09] those if that's going to be impacted at all in this project yes so the pool hasn't been operable for um I don't know [1:00:16] eight or so years um also with the age of my sister and I not being around as much uh my dad chose not to to run it [1:00:23] it's very expensive to run if it's not going to be used so uh right now it's it's not operable um we had originally [1:00:29] uh worked on um demolishing and and redoing the exterior of the pool before we then ran into the unknown obstacles [1:00:36] of this project so we halted that uh for the time being um but that will be part of our our project just to fully restore [1:00:42] it into working order wonderful thank you um there were a couple comments on Better Together [1:00:48] about the the state of that and so just want to make sure that moving forward it won't be mosquito breeding ground yeah [1:00:56] to that I would just say um you know I've I've also worked uh to put an appropriate amount of of time and energy [1:01:02] into keeping the house up considering that I've got children at my house and at my primary home and and having to [1:01:08] juggle all the time and energy there so um you know from the street as you drive by or walk by um it looks like a home [1:01:14] that's you know inhabited and everything and looks looks normal so um the backyard yeah there's some weeds here [1:01:19] and there but I would not say it's anything excessive and of course when it's my primary residence you know I'll take great care and pride in making sure [1:01:26] that it you know looks appropriate remember richer um just well a comment this looks [1:01:34] like there's been so much care and thought in trying to address the realities of this slot and also do it in [1:01:42] a way that is um acceptable and I know there was somebody who testified at the Planning Commission I don't know if they [1:01:48] were a direct neighbor right next door or not but was very supportive of the [1:01:53] project um my question as actually is more maybe for staff to respond to but [1:01:59] my understanding of code is that there are limitations um in 36-30 about how much [1:02:06] deviation Could Happen um and maybe there's just I my if you could [1:02:12] explain if this passes and we get the resolution passed how much different um [1:02:21] what what kind of differences could be done between what we're looking at now and what could be built [1:02:30] so to clarify your question is you know how how can what's buil change from what is in the proposed plan today exactly [1:02:37] and we've had just you know we've seen changes that have surprised people and [1:02:42] particularly going from the first reading to the second reading it seems that it's sort of the sky the limit and [1:02:48] you can make radical changes and so I just want to know what kind of boundaries are there [1:02:57] I can speak to the flood plane pieces of that so I think one one comment that we've already given the architect is [1:03:03] that she's probably off by a couple inches in that lowest floor elevation so we would look to make those couple [1:03:09] inches of adjustment there um but as far as um the stem wall changes and things [1:03:16] we're going to make sure to hold them to that you know no net fill no net change in the risk in the grading of the [1:03:24] lot Co states that staff can approve a minor change um without coming to [1:03:30] council without having to have any kind of review but apparently between the first reading and the second reading [1:03:36] that might not necessarily apply and it could be a radical change Way Beyond What a minor change would be and I'm [1:03:41] wondering if that applies to this project it's really hard to to answer [1:03:47] based on the hypothetical okay so I'm I'm not sure um thank you [1:03:56] other questions from Council Members at this point in time all right uh folks stand by from a staff standpoint Mr Bush [1:04:04] we're going to open this up for public testimony see if anybody wants to testify so you can go ahead and sit down for [1:04:10] now and um so the recommendation from staff on this matter is going to be [1:04:15] consistent with some of the things we've done in the past and that is to uh close the public hearing at noon on uh Sunday [1:04:22] November 2nd in terms of um uh providing additional information we' probably close the uh verbal part of the uh [1:04:29] public hearing this evening and then continue the matter to the November 6 2024 city council meeting for Action is [1:04:36] that what the motion is requesting M AER okay thank you is there anyone in the [1:04:42] audience who wishes to testify regarding this matter I'm going to open it up now for public [1:04:48] testimony seeing no one coming forward and hearing nothing from the audience I'm going to check to see if director [1:04:54] benro has anybody online I don't have anyone online for this item because there is a short delay in the broadcast [1:05:00] I'd recommend we wait one minute before moving on on just to give people time to call in if they were so inclined my [1:05:07] clock shows that it's 8:04 so I will come back to you at 8:05 or when I have a caller whichever is [1:05:24] first e [1:06:13] the minutes seem even longer longer after 800m but that minute has ended so [1:06:18] I think it's safe for to move forward uh council members the um as I understand the motion from our staff is that we [1:06:24] close the public hearing for verbal testimony this evening uh and we leave the matter open uh until for any written [1:06:31] submissions until noon on Sunday November 2nd and then continue the action to the November 6th 2024 city [1:06:38] council meeting is there a motion to that effect so moved oh second Pierce moves member Jackson seconds the motion [1:06:46] is stated um any further discussion all those in favor of adoption of the motion stated say I I I opposed carried uh the [1:06:54] matter will remain open for any written submissions until Sunday uh at noon November 2nd the verbal testimony and [1:07:02] public hearing here is closed and we'll continue the matter to the November 6 2024 city council meeting thanks for [1:07:08] being with us this evening staff Mr Bush thanks for being here your architect appreciate you being here and [1:07:14] um uh the other thing I forgot to mention when you're up here is that this your dad's house in your grandparents [1:07:20] house was right next to our former long time mayor Jim Van venberg [1:07:26] and uh who you passed away in his own home at 90 plus years of age all right [1:07:31] well thanks for being with us this evening all right we're going to be moving on now to the reports and recommendations portion of the agenda [1:07:39] and the first matter there is a resolution um [1:07:50] 2024-25 so moved second M Jackson moves M Pier second op option resolution 202 [1:07:56] 24-85 which accepts donations on behalf of the city of V this is a statutory [1:08:02] prerequisite to accepting gifts uh given to the city U and we'll talk about who [1:08:08] those gifts came from in just a moment is there any further discussion with regard to the adoption of potential adoption of resolution [1:08:15] 20248 all those in favor of adoption of resolution 202 24-85 say I I I opposed [1:08:21] carried resolution 20248 is adopted and this reporting period uh we have uh some [1:08:29] art that was uh this reminds me of member Jackson's effort around uh getting the history of um uh of [1:08:36] Centennial Lakes brought to life uh last in the last few months Peter Jarvis who [1:08:41] was one of the the developers out there donated some artwork was a framed aerial photo of Centennial Lakes and the [1:08:48] development of it to the city and then for the police department um we got a in [1:08:55] kind donation from kowalskis $1,500 donation for dinner for 10 it was a [1:09:00] multicultural advisory meeting of 80 to 85 people and then Brar Golf Course has [1:09:06] uh received some really nice donations from members of uh the public Anda who [1:09:12] have donated to the Brar memorial fund pacy irk Jeff Moore uh Joe Brennan Sarah [1:09:18] pitz dick brozic uh the Brar Women's Club uh second swing uh golf business [1:09:25] Margaret Johnson Art Hayes Dave Wright Richard Heidi Michael stanic Carl [1:09:31] Schneider Jay Allen Michael Phillips and then and then the Brar Golf Association [1:09:37] itself uh and Richard and Judy Kik so for all those people we say thank you their names will be posted up on the [1:09:44] website and we will now move on to the next matter on the agenda which is what I think the remaining people in the [1:09:50] audience are here to listen to and um we think we got this solved up in the work [1:09:55] session so um uh we're going to now turn to um our director of engineering Chad [1:10:02] Miller to talk a little bit about that discussion and then uh is going to give [1:10:07] us a recommendation on term the form of agenda or form of motion we should make on this portion of the agenda thank you [1:10:14] mayor members of council we had a great discussion upstairs on two topics it was the overall Citywide uh sidewalk [1:10:20] maintenance policy we got some feedback from you but then we drilled down and talk details about the the Concord [1:10:25] Avenue sidewalk from Valley View Road to 64th Street but then we also within the neighborhood reconstruction project the [1:10:32] Concord neighborhood project we also talked about Wooddale Avenue from Valley View Road to Nancy Lane so staff shared [1:10:39] that these two sidewalks don't meet the current practice but then our Public Works director said operationally we're [1:10:45] going to be driving down those streets anyway and we would take maintenance on for those two segments so we look for a [1:10:52] motion from the city council to direct staff to Main maintain Concord Avenue [1:10:57] from Valley View Road to 64 Street and Wooddale Avenue from Valley View Road to [1:11:02] Nancy Lane in the Concord neighborhood area and and the connecting link on 64 [1:11:08] Street we were already maintaining we were already going to maintain that correct all right so as some of the neighbors have said that's kind of a [1:11:14] closed loop then with Valley View and that's that's you're going to be maintaining all of it yep and that's where Mr Olsson mentioned that [1:11:20] operationally he his guys will be making that Loop and they can do that all right very good is there a motion to that effect [1:11:26] so moved member Pierce moves second member rer seconds the adoption of the [1:11:32] uh motion as stated by director Milner which will provide for the maintenance of um Wooddale basically all the way [1:11:39] from Valley View to 64th uh and then 64th itself is already [1:11:44] in our uh maintenance schedule and then conquered Avenue from 64th all the way to Valley View correct all right very [1:11:50] good uh any further discussion those in favor of adoption of the motion is yes disc one one thing that I wanted to [1:11:57] bring up that we talked about upstairs was the new pedestrian bridge so this is really a change in the neor when we have [1:12:03] the new pedestrian bridge coming in we're going to be needing to snowplow that so I just want to think of our [1:12:09] future neighborhoods this is kind of the Machinery is going to be there anyways they're going to have to do the bridge [1:12:15] as well as 64th Street so this is not a precedent setting this is very sight [1:12:20] specific um decision that we're making correct when the new bridge is built we also have to maintain that from a winter [1:12:26] snow removal aspect right exactly any other comments all right all those in favor of adoption of the motion is [1:12:32] stated say I I I opposed carried motion's approved and those two segments [1:12:39] of roadway are being added to our uh City maintenance schedule and um [1:12:44] director Milner you might comment about uh our maintenance schedule and how we try to match up with the ordinance for [1:12:51] for private homeowners that uh have you know a certain period of time in which to clear the sidewalks yeah thanks mayor [1:12:57] so the ordinance reads today 48 hours so we also try to meet that 2-day or 48 hour clearing of our sidewalks that we [1:13:04] maintain in town okay uh that concludes um that [1:13:10] matter and then resolution uh 2024759147 [1:13:25] yes thank you mayor members of the council so the applicant Don Holmes on behalf of the property owner is [1:13:30] proposing to divide these two single family lots into three lots it would [1:13:36] reestablish the the original plat of this area from 1913 this area was [1:13:42] platted with 50ft wide Lots the existing homes would be removed and replaced with [1:13:47] three new homes they would gain access off the alley as the existing homes do on September 12th the Planning [1:13:53] Commission held a public hearing and they are recommending approval of this project their vote was 8 to1 uh so staff [1:14:00] and the Planning Commission are recommending that the council adopt resolution 2024 [1:14:06] 75 that approves the subdivision and also the lot area width and depth [1:14:11] variances that are subject to the findings and conditions in the resolution the applicant uh Steve Banky [1:14:18] is on line uh this evening if you have any questions and with that I'll turn over director te any questions for [1:14:25] director Teague uh Mr beny are you with us virtually [1:14:31] here let's get you up on the screen here and see if there's any comment you wanted to [1:14:50] make all right Mr beny we can um your name's up on the screen can you hear us okay [1:14:59] okay we had the same issue last time I think with his [1:15:09] audio I can hear you fine are you able to hear me yeah we can we can hear [1:15:14] you oh very good you might want to be a little bit closer to your microphone you're a little you sound a little [1:15:20] distant very good one one moment here I'll adjust uh Mr Mayor members of the [1:15:26] council I I think we presented our case pretty thoroughly at the last meeting and I'm waiting to see if Council has [1:15:32] any additional questions yeah thanks for thanks for that let me ask uh council members if they have any additional [1:15:37] questions regarding this matter or comment uh that would pertain to you or [1:15:45] staff M Jackson yes Mr bkey if I remember correctly uh at our last [1:15:50] meeting you talked about uh the possibility of being able to move these homes to another location is that is one [1:15:57] of them that you're planning to do that with are you still planning that we we do we have a we have a a quote and a [1:16:05] contract uh waiting for one of the two residences the other one is the other [1:16:11] one's construction is not uh doesn't work well with a [1:16:16] move terrific thank you which one is being moved Mr Binky uh the [1:16:23] 4124 uh the other home has a significant portion of slab on grade construction [1:16:28] which there's not really a floor to pick the building up with so the uh I'm [1:16:33] looking at a photo it's a there's a gray Rambler closest to the townhouse project you did and then there's that little [1:16:39] mid-century modern red one to the north right the unfortunately the the Rambler [1:16:44] is uh a prime candidate the other one is [1:16:50] not okay very good um well this is uh an [1:16:56] interesting project I think returning to that original um plating of the of the [1:17:01] neighborhood and um Planning Commission action again director Teague was for [1:17:07] approval on an 8 to1 vote okay very good uh anybody in the council care to make a [1:17:13] motion to adopt resolution 2024759147 [1:17:25] so moved jaon moved M Pier seconds uh the uh adoption of resolution 2024 that [1:17:32] 75 which would approve a subdivision lot width lot depth and lot area variances [1:17:38] for 5120 and 5124 henerson Avenue any further discussion yes so in yes thank [1:17:45] you Mr Mayor in the Planning Commission there's quite a bit of talk about um the density of this area and the a couple of [1:17:53] people were very disappointed that we didn't um go with a more dance plan that the applicant brought forward in the [1:17:59] first place and I just want to make a note that as we're moving it towards the next comprehensive plan that in the sort [1:18:05] of um penumbra for lack of a better term or that the skirts around our areas of [1:18:10] change that we want to um do some CommunityWide discussions about uh what [1:18:16] the zoning in these areas would be like because I I took to heart a lot of the comments that the Planning Commission [1:18:22] made um I I think this is a good plan um based on the plan that we have the comprehensive plan we have now and and [1:18:29] the neighborhood expectations but I do think going forward I'd like to have a a broader discussion about that type of [1:18:38] zoning and I just want to emphasize how important I think it was to maintain the [1:18:44] backyards and that this plan um will do that and I think without having a [1:18:50] backyard space that really Alters the character of the neighborhood and so moving forward you know hopefully with [1:18:55] Comprehensive plan dialogue uh we keep those pervious surfaces and places where [1:19:01] people can gather um in existence so thank you thanks [1:19:08] um I think this will be a real nice addition to the city of VI and I you know when we look at town houses here [1:19:14] before and thought about moving town houses further into the single family neighborhood this notion of returning to [1:19:20] the original plat and having three homes there single family homes uh on those [1:19:26] three lots that would be created uh as they were originally I I like that idea a great deal so I think I think you've [1:19:34] got a unanimous opinion up here at least I'm guessing that uh any further discussion all those in favor of [1:19:39] adoption of resolution 2024 75 say I I I opposed carried we have an approved [1:19:46] project um thank you Mr Don for being here and uh thank you [1:19:52] Mr a thank you um Mr beny for being here as [1:19:57] well guess he's off the screen already all right um all right we're going to um [1:20:04] next take up a matter with manager neindorf thank you which is a proposed [1:20:09] continuation of um the conversation we've been having around the potential establishment of a [1:20:16] tiff District at 72nd in France yes good evening uh this item is [1:20:23] a resolution 202478 and this is one of the one of the few times I'm here in front of you [1:20:29] without a very long presentation um uh you you'll recall on October 1st we held [1:20:35] a public hearing about a proposed tax increment financing District uh uh on [1:20:40] the site where the Macy's Furniture Store is currently located when we closed that public hearing we [1:20:46] recommended that we have that we schedule action this evening um in hindsight I was overly optimistic we are [1:20:52] not ready U so I'm asking that table action tonight um actually until late [1:20:59] November uh we're still heavily in the negotiations with the developer to prepare the development agreements for [1:21:05] this for this project um we had hoped to get them done in early November we're [1:21:10] making progress trust me but um this is one of the most complex contracts we [1:21:16] prepared and so I do apologize for the confusion um but my recommendation is to table any action on any any financing [1:21:24] matter about this proposal until late November we think we can still meet the meet the sellers obligations um I mean [1:21:32] there is a purchase contract that has a a deadline um but before I put anything together in front of you I want it to be [1:21:38] complete and thorough and make sure that we're we're covering all the bases uh so we feel that uh tabling this to November [1:21:45] 19th will allow us to to to deliver something that has our standard of quality that you've come to [1:21:51] expect as I recall you were talking about three parcels were involved here and so are you going to have you're [1:21:57] proposing having three separate contracts or is it one contract that covers all of them or is that even is [1:22:03] that even an issue still have been here yep uh no uh that's exactly how it's morph so typically for a project like [1:22:09] this we have one contract and it's done in this proposal there's three separate Lots they have three separate equity and [1:22:17] investor groups they all have their own um sweet spots that are very [1:22:22] sensitive to each other so we're actually doing three different negotiations so in November you'll have [1:22:29] three separate contracts they'll all follow the same format but some of the details will be different some of the [1:22:34] returns will be different some of the expectations will be different all of the public benefits that you've talked [1:22:40] about as you've gone through the Zoning for the site will still be delivered none of that is in question but uh where [1:22:46] we're really finding some of the more challenge challenging uh discussions are in regard to the financing between the [1:22:52] different investor groups that have different time frames different expectations different Horizons so um [1:22:59] our workload basically tripled uh we normally take two to three months to prepare these uh we had hoped that we [1:23:06] could just do one document um and as we started getting into it we realized that was not possible so um it will take the [1:23:12] full two or three months to get this thing finished rer has a question that I've [1:23:17] got others me as well um one of the public benefits is a pedestrian cross [1:23:25] and I've been trying to find information about the viability of putting a tunnel [1:23:30] underneath France and I did come across the 2005 greater Southdale area land use [1:23:36] Transportation study which is about this thick it's huge and I would like to see [1:23:42] that posted online with the documents um I also looked at the 2007 prominade [1:23:48] study and there's one paragraph about tunnels which is basically saying it's [1:23:53] really hard to do um in terms of security and you know appeal I can't that's not the correct [1:24:00] word exactly but um what I'm seeing is [1:24:05] there really isn't anything out there because this is not really something that people have considered to be viable [1:24:11] and that makes me incredibly concerned about just the speed that this tunnel [1:24:18] project has taken on and I'm nervous to see a specific design embed Ed in the [1:24:25] Tiff agreement um I have a lot of uh there's a there's a lot there um that is [1:24:32] troubling and so I want to just publicly state that so that is a concern [1:24:40] um the other thing and I I want to apologize to my colleagues for missing the HRA meeting I understand there was a [1:24:46] presentation about an different kind of plan and I was looking for that online and I couldn't see that like um a [1:24:53] handout I guess I didn't watch the whole thing but if that could be posted online [1:25:00] so the public can see it and I can readily grab it that would be fantastic thank [1:25:05] you we'll be sure to get that information to you my apology my apologies there was a handout that the [1:25:10] developer presented we're still I'm still learning how to upload it to our new software um but we'll make sure that [1:25:16] you get a handout right away okay and just so it goes public so everyone can see it [1:25:29] um the presentation from the developer right we'll make sure that it is [1:25:38] yeah um thanks Mr Mayor um so the the [1:25:43] um actually like the the idea I guess it's not an idea you're telling us we [1:25:49] have to to push this to later in November um so I kind of have an ask so [1:25:56] the in the conversation we had with the developer with Mr Brahma about other [1:26:02] Alternatives that um uh would not require Tiff or might require less Tiff [1:26:10] that's the document you're talking about member rer exactly and I haven't seen it yeah it would be um I mean I think it [1:26:17] would be good if we could hear from him before the 19th and so I don't know [1:26:24] if if if um he'd be available to do that [1:26:29] sooner but the idea being um well we teed up what are are there other [1:26:35] Alternatives and ideally we I'd like to see that before the 19th and I'm just using the [1:26:43] 19th our docket says the 6th is when you were planning on coming back so um there's kind of a statement there [1:26:51] in an ask if we could does that make sense sense I'm looking at manager Neil [1:26:56] uh I I think so we we were going to ask to push this back so we can talk to him [1:27:03] about that yeah we can definitely ask the developer about that um do you have a preference if that occurs at the HRA [1:27:09] meeting that's usually where we have those kind of discussions or would you prefer it on the city council agenda those nights tend to get late and those [1:27:16] two nights are going to be long so the H is on the 14th [1:27:25] we had the other discussion at the H well I you know I'm yeah I guess I'm [1:27:31] comfortable if you guys take the ask and then just kind of figure out when we can [1:27:37] do it and talk to the developer um I don't want to I certainly don't want to [1:27:43] skip that uh part of the process I guess not part of the process but that ask [1:27:50] giving him an opportunity to respond to it with a little bit more specificity and be ideal to do it before the 19 we [1:27:57] can definitely get that calendared [1:28:06] yeah right we've got we have a couple options to choose so we'll look at calendars I try to find a date where [1:28:11] everyone can attend and uh um and continue continue that [1:28:17] conversation but your request is that we continue the action on resolution [1:28:22] 202478 uh until November 19th correct 2024 okay all right is there a motion to that [1:28:32] effect um so moved seconds all right [1:28:40] um all right we've got a motion to continue the action on resolution 202478 potentially establishing a 72nd [1:28:47] France number three tax in government financing District until the November 19th 24 2024 City Council meeting any [1:28:55] further discussion on the motion is stated all those in favor of uh adoption of the motion say I I I opposed carried [1:29:03] the matter is continued until November 19th and we'll see what we can do about getting the developer in here to show us [1:29:10] the alternative plan that uh member Pierce described uh earlier than [1:29:15] November 19th and now we're down to the last item of the evening and it's something that's um come back to us and [1:29:22] just in advance of your comment ing on this uh director Milner I think all of us want to extend a thanks to you for um [1:29:31] visiting with the din Morningside Community Church on this matter we know they were in here and very concerned at [1:29:37] the last meeting about the the special assessment for Street improvements that they had and um some analysis went into [1:29:44] that post that meeting by you and your staff and and you came up to some with some other conclusions I think other [1:29:50] than what you had initially recommended so go ahead and let us know what that that's all about yeah thank you members [1:29:56] of the council uh that's exactly what we did so we received that initial letter from the church on Monday right before [1:30:02] the public hearing we applied our policy as we've always done to churches and other Residential Properties and the [1:30:09] comments we heard from Council is we should take a closer look and also from that letter we decided to take a closer [1:30:14] look and what's unique this churches has a very unique parcel in that the the [1:30:19] benefit the market benefit test is done by the square footage or square area of the parcel but are policies by the [1:30:25] square footage of the building in this case they're almost identical which is not common for a church usually they got [1:30:32] big parking lots so when we started to look at that scenario for this specific one it didn't meet the full extent of [1:30:39] the the the assessment we applied last meeting didn't meet the full Market benefit test so it it did uh require a [1:30:48] reduction that it should be re reduced about $7,000 from 25,000 [1:30:54] $350 41 to $1,295 120 so City attorney Kendall put [1:31:02] together an assessment agreement the church signed that today notorized it dropped it off with clerk Allison and [1:31:08] it's in your packet this evening if it's approved to get signatures tonight and it give us time to work with the assessing Department to make sure that [1:31:15] this number is filed uh on the PID for assessment starting next year so we look [1:31:21] for a motion to approve this resolution solution in front of you this evening to make that correction one other thing we [1:31:27] also did is I reached out to many of our leaders in our city on different uh opportunities for funding so I got about [1:31:33] three to four different Grant possible grant opportunities for the church to pursue not associated with assessments [1:31:39] but programming or buildings or some other stuff that they could investigate on their own and maybe just help their overall budget which was one of their [1:31:46] concerns so we also did that in the week and a half two weeks since the last meeting yeah very thoughtful on your [1:31:52] part and others that did that as well um is there a motion uh to adopt the um [1:31:59] resolution 202 24-87 leving the assessment and special assessments agreement with the D morning s Community [1:32:05] Church I moved second a moves member Pierce seconds the adoption resolution [1:32:11] 20248 7 um discussion any yeah yes thanks Mr [1:32:19] Mayor I I just wanted to recognize staff for for doing the work um and having a [1:32:27] um that a truly a resident focused approach to solving that specific issue [1:32:35] um I think people often say like being on [1:32:40] counsil is a thankless job that's not true people can say thank you all they want [1:32:46] to uh but for sure I think sometimes that the staff gets that kind of [1:32:51] feedback as well you hear when things are not going well more than you do when [1:32:57] things are are the opposite and going well so um um I just wanted to [1:33:02] personally thank you and staff for doing that work and just acknowledge um [1:33:08] publicly that um I I appreciate it and I'm sure the the church does as [1:33:15] well um member Jackson so I also want to say thank you this is this is excellent [1:33:22] work and and it's a solution that I didn't know existed so I'm really pleased to to hear this but it's also I [1:33:28] wanted to talk a little bit about the public hearing process and we wouldn't have known about this if they hadn't come forward and spoken and you know [1:33:35] it's some of these times these public hearings feel a little proforma um this was really important information and so [1:33:41] it was a a good public input and and great public service thank you I had a [1:33:46] quick question for attorney Kendall I just wanted to make sure that because we passed a prior resolution assessing at [1:33:54] 25,000 approximately and now we have a new resolution lowering that assessment [1:33:59] I don't see a cancellation of that prior resolution but does this by its nature and by the agreement Ser serve to uh [1:34:08] cancel the prior uh assessment that we approved mayor in my opinion it does so [1:34:14] I treated this as basically an appeal uh they filed written notice at the previous hearing that they they would be [1:34:20] appealing uh and then after they did that staff had the opport to work with them and so this was kind of an agreed [1:34:26] upon resolution but it started off with the indication that they would appeal if we couldn't reach some kind of [1:34:32] understanding so uh I view this as a resolution to their appeal and no need [1:34:38] to cancel the prior action of the council no I I think this supersedes the [1:34:43] previous as long as the the council passes this resolution and that's the one that director Milner passes along to [1:34:49] the county for certification then this would supersede the previous resolution and now you got this special assessment [1:34:54] agreement accompanying it so that we should be in good shape correct okay I mean I guess if you wanted to resend the [1:35:00] previous resolution you could do that but in my opinion it probably wouldn't be necessary because it'll be clear on the record that this supersedes the [1:35:06] previous resolution but enough for me I don't know about others but that's fine [1:35:12] uh so we got a motion to adopt resolution 20248 7 which changes the levy assessment against uh with morning [1:35:19] a d morning site Community Church and then also has as its companion the special assessment agreement between the [1:35:26] city and Ed morning sight Community Church uh any further discussion on the motion all those in favor of adoption of [1:35:32] motion resolution or resolution 202 24-87 say I I I opposed carried [1:35:39] resolution 202 24-87 is adopted and that concludes our main part [1:35:47] of our agenda uh turn now to our city manager to see if he has any comments no [1:35:53] comments tonight answer all right I'm going to roll now right down the line with member [1:35:59] Risser um just October is um breast cancer awareness month and so it's [1:36:05] really important if you haven't had your annual checkup to go do that or however frequently your provider tells you to do [1:36:12] that and on a personal note I was diagnosed last October um with breast cancer and I will be wrapping up [1:36:19] treatment this October so really happy about that thank you [1:36:24] [Applause] member and it was uh it was nice to uh [1:36:31] approve your travel to go down to the National League of cities I'm really pleased you're going down there and uh [1:36:37] when you get down there if you get a chance to say you know greet the mayor please greet her for me I will [1:36:42] definitely do that I want to thank the citizens of udina for sending me this is the one trip I'm taking out of state and [1:36:48] it is important I think to have representation at this event and so I will be there representing Edina and I [1:36:54] will be able to get information and you need to show up and be present in order to have access to all of that so thank [1:37:01] you and the national league of cities meeting is in Tampa Florida and yes it [1:37:09] is all right very good um now to member [1:37:14] Jackson yes thank you Mr Mayor so you know we've talked a lot about the levy [1:37:19] increase and I just want the public to know that we're continuing to have conversations about ways to address that we haven't [1:37:26] forgotten and uh we're scurrying underground like a duck with our feet going trying to figure out um what we [1:37:33] can how we can address that member Pierce uh thanks Mr Mayor I [1:37:40] mentioned at a previous uh city council meeting that in Eden Prairie that they [1:37:47] are launching and fully autonomous uh and so this is part of the Southwest uh [1:37:52] Transit line um so really the last Mile in what they call the Golden Triangle [1:37:59] they're going to have um a fleet of 6 to8 autonomous [1:38:04] vehicles um and the um they're kicking this off now [1:38:11] November 6th and so I think the last time I mentioned it they were at a point where they were they were still kind of [1:38:17] mapping the routes and um at that stage they were mapping um unplanned events [1:38:25] and so they use the example of the you know this car is is traversing a route [1:38:32] and turkeys come out and so the car doesn't know what to do what are those and so it has to radio back um to the [1:38:41] command center and the command center says those are turkeys you wait until [1:38:46] all the turkeys have pass and then you continue your route and so that's the kind of work that they were were doing a [1:38:52] little bit of machine learning um um is a way to think about that but November [1:38:58] 6th from 4: to 6 at the Southwest station um they're going to they're [1:39:05] going to be giving rides and so if you want to just try it out uh and they'll [1:39:11] be complimentary if you want to try it out um I would I plan to be there and so [1:39:19] I am going to try to do that I leave to go out of town on the 7th um and so I'm going to try to be over there and the [1:39:26] reason I'm talking about this is because I am the commissioner for the 494 [1:39:32] Corridor and we assign a council member to do various things outside of the city [1:39:37] and that's uh ab and that's one of the things that I'm doing so November 6th [1:39:43] from 4: to 6 M Pierce that's city council night [1:39:49] don't forget there's a city council meeting oh yeah I'll be here then so then I can [1:39:55] go back here by 5:30 um the caller that I have um we're [1:40:02] getting we're in the fall now hasn't quite felt like it but we're in fall and Halloween it's around the corner um so [1:40:08] I'm super excited about that uh 50th in France they're doing their annual trick-or-treating um and so that is [1:40:15] October 26th um from 11: to 2 so I'm going [1:40:21] to figure out a time to bring the the girls I'm excited for it this year um and hope to see others there as well [1:40:27] that's it that's a good plug for 50th in France folks uh if you can get down there to 50th in France it would be [1:40:33] wonderful because they could really use this support uh as we try to get this uh Eline project in a position where we can [1:40:41] get through the winter and get some of that work done down at 50th in France so um for me uh tab meeting tomorrow and um [1:40:49] thinking about member rer heading off for to representing D at the National League of cities meeting uh caused me to [1:40:55] think about that I haven't reported out on that leadership meeting I went to in outside of Boston down on the cape the [1:41:02] weather was terrible which was fine because you're inside most of the time anyway but that meeting uh the new [1:41:09] president of the US Conference of Mayors is the Mayor of Columbus and his each president has an area of emphasis uh the [1:41:15] last president was the mayor Reno and her Hillary shivy her emphasis was mental health um this president [1:41:23] president Andy gther his emphasis is all around housing and so we spent a lot of the weekend talking about uh housing and [1:41:30] some of the same issues that we've talked about in terms of um uh the [1:41:35] missing middle that member Pierce has worked on so diligently over the last couple of years and what across the [1:41:41] country what are people going to do about the missing middle uh and then we also spent some time talking about uh [1:41:48] transportation we had the uh one of the ranking members of the House ways of Means Committee there uh and um we [1:41:55] talked about this changing landscape for uh transportation and Local transportation more pressure on local [1:42:01] systems we' talked about that in what we're what we're calling the new localism to see if with the surface [1:42:07] reauthorization act in 2026 we can start to strategize with other organizations like the national [1:42:13] league of cities uh Na the County Association nationally uh uh to work [1:42:19] together to think about getting a tranch of money equivalent to cdbg funding [1:42:25] coming directly to local uh local government to help defray the cost of [1:42:31] maintaining their roads in the presence of more and more retail traffic on the roads with Amazon trucks and others [1:42:37] running around delivering Goods to houses and also more remote work um so [1:42:43] uh that remote retail remote work is triggering a new line of thinking about uh how funding ought to be allocated [1:42:49] from a federal standpoint and not just send it all to the state DOT and let them disperse it from there so stay [1:42:55] tuned on that we had one good meeting online with uh with national league of cities Nik and some others organizations [1:43:02] around the country and I think that our staffs the various staffs will get to work now to start thinking about a [1:43:07] strategy around the surface Transportation renewal in 2026 so that's it for me uh that caus anybody else to [1:43:15] think of anything they wanted to bring up okay is there a motion to adjourn so [1:43:20] move second member Pier second member U member Pierce moves member Agnus seconds [1:43:25] the uh motion to adjourn the meeting of the city council this uh Tuesday October [1:43:30] 15 20124 any further discussion all all those in favor of adjournment say I I I [1:43:36] oppos carried We Stand adjourned