Hey, hey, hey. Good evening. Tonight is Monday, May 18th. This is a regular meeting of the Minnitankka City Council. I'll call this meeting to order. For those of you who are able, please stand and join us for the Pledge of Allegiance. We have a lot to um celebrate tonight, but I want to remind folks, anybody who is here on item 8, citizens wishing to discuss matters not on the agenda or 13, public hearings. Um we have some note cards where you can sign up. They're in the lobby. you can sign up to speak. If you intend to do that, please uh do so and put the the card in the box and we'll call you up when we get to that agenda item. Those who are here on item three, just a reminder that we do limit your comments to three minutes. Uh Miss England, would you please call roll? Wilburn >> here. >> Calbert here. Raley >> here. >> Kley here. >> Foster Bolton >> here. Maxwell >> here. Shack >> here. First up or item is item four, approval of the agenda and uh Miss Dmen, we have a agenda. We do. Thank you, mayor and councel. There is one item on the agenda this evening. Item 6A, which is the recognition of the 2026 Minnotonka Essay Contest Award winners. Um the winning essays were added to the packet, so they are included in the item and they are also available on our website. Um this concludes the changes. So, with that, mayor, I turn it back to you for consideration. Thank you, Council Member Romey. >> I was anticipating your call for I'll I'll move to approve the agenda as amended. >> Excellent. And Council Member Calvert, >> a second. >> I have a motion by Council Member Romey, a second by Council Member Calbertt. Miss Larson, please call roll. >> Wilburn, >> yes. >> Calbertt, >> yes. >> Rome, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. >> Shaq, >> yes. Motion carries. Item five, approval of the minutes. We have two sets of minutes. The April 27th, excuse me, 2026 LA LBA minutes and the uh B April 27th, 2026 regular meeting minutes. Take a motion on those or any comments. Uh, Council Member Wilburn, >> I move approval of the April 27th, 2026 LBAe minutes and the April 27th, 2026 regular meeting minutes. >> Thank you. Council member Calvert, >> a second. I have a motion by Council Member Wilburn and a second by Council Member Calvert. Miss Larson, please call roll. >> Wilburn, >> yes. >> Calbert, >> yes. >> Rome, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. >> Shaq, >> yes. Motion carries. All right, on to special matters and I'm going to ask you all to bear with us tonight. We try to keep this item light, but we've got a lot of great things that we're going to do tonight. So, we will start with item 6A, which is a recognition of the 2026 Minnitonka Essay Contest Award winners. And so, uh, Mr. Alexander is gonna come up and I will as he does that. So this is the first year the DEI commission o hosted this essay contest and they selected the theme belonging. There were two categories grades 6 through nine and grades 10 through 12. The judge judges panel consisted of the DEI commission and members of the senior advisory board. And I am pleased to announce the winners who had an opportunity to meet earlier this evening. Um, and the first one in the grade 6 to9 category is Halo. And she'll come up front and accept her plaque. Good job, Halo. >> Congratulations again. We're so pleased that you participated and you wrote a wonderful essay. Um, and the second winner in the grades 10 through 12 category um is Ellanie. Come on up, Ellanie, and accept your award. And uh a little bit about this the these essays, they are going to be published in the Blue Marble Review, which is a quarterly online literary journal showcasing the creative work of young writers ages 13 to 22. They welcome poetry, fiction, personal essays, travel stories, opinion pieces, and art and photography. The um every issue is a collective effort made possible by the generosity and time of various editors at large, sparked by the stellar students from the Minnotonka Writing Center and illuminated by the many writers and artists who send imaginative work from all over the globe. So this is a very cool um publication and we're really honored to participate. Blue Marble also sponsored um some some cash prizes for the winners and so we're really grateful for that and we hope to continue this with the DEI commission um in years to come and I'm sure we'll get a wonderful submissions to consider at that time. So once again young these are incredible young women. Please the check out the essays on our website and watch for that. Maybe you can sign up for that blue marble review. So thanks again for coming and congratulations. And there continue the reception in the in the room across the hall. And as we take a minute while they get adjusted, we are going to our next item is 6B, which is our Henipin County annual presentation and updates. And Commissioner Commissioner Eden, come on up and get settled as we just transition to the next to your uh presentation. Well, hello you guys. All right, we can hear me. Okay. All right. Well, it's good to see you again. I'm making my annual annual uh city council uh meetings and I'm on this I was telling um the police chief I think I'm on 12 I think. So it's a lot. There's 16 cities. So it's good to see you. Um I hear Minnetonka won um the Olympics. So congratulations you guys. Very good. Uh nice job Minnetonka. We're going to have to count we're going to have to copy this with the counties. Maybe we could do it with like Ramsy or Washington or something. I love that idea. Uh well it's good to see you all. Heather Edson, Honeypin County Commissioner. I've um am been in this role now two years. Um and so I'm going to walk you through kind of what the county's up to. You've probably heard the good news. We got the HCMC funding, which is like very exciting. All right. So, okay. Nope. That's That's not that. How do I do it? >> Underneath. >> Underneath it. I'm going to do here. Oh, okay. Well, I was just going to go up and Here we go. Yes. No. >> Here we go. >> PH down. >> PH down. what I'm doing. >> You know what? >> Sorry. I'm going to need you. Oh, hold on. I did it. Did you do it or is that me? >> You did it. >> You did it. Okay, you'll just do it for me. Sorry. I I hit 45 and technology is no longer my friend. Okay. All right. Um, so, uh, county was established 1852. How what, uh, what year was the state established? Does anybody know? Just because it's 50. Nice. All right, council member. I want to play trivia with you. uh 45 cities in Henipin County, 1.3 million residents. You think about an equivalent state is Rhode Island. So there's lots of several states where the population is actually the same. And so um other the other counties, sorry, I'll just one more and then I'll promise I'll stop. How many counties in the state of Minnesota? Anybody? >> 87. I heard it. 87. Yep. 87. 87. So the other 87 or 86 counties are always like, "Oh, the state of Hen Independent." I'm like, "Actually, we technically are the size of some states." So, I get it. Um, so eight eight Fortune 500 companies, 100 plus lakes, plus the Mississippi with the largest lake of course being Lake Minnotonka. Um, 607 square miles and 11 watershed districts. And we will keep going. Thank you for that. Uh, so this is um this is one of the what is it called? It's a wordcloud. Um, and I thought this was really fun because last year I was like, let me do 20 different slides about all the things the county does because we're all busy people, right? And you're not always thinking about the county. we're thinking about city stuff and all the things you do. But you can keep this if you're like, you know what, what else does all the amazing things the county does? If you can read it, which the handwriting is incredibly small, but um just push that over there. I'm loud. Uh but child protection permits, we do licensing. Um we have the county attorney's office, the sheriff's office, we do h we help with um adult representation services, which mayor, last time I think I talked to you, I was going to housing court to shadow them for the day, which was really interesting. So, a lot of really important things. We are the safety net between the cities and between the state and it's a we do a lot of really important work, but just some of the things that you know day-to-day that people I think forget. One of the examples I've been using for city councils, gosh, am I really loud, sorry, I love >> I can't I have a loud voice here. I'm just going to put it over there. um is is when you go to a restaurant and you're eating at a restaurant and you're thinking who is inspecting this to make sure it's up to code kind of a county public health is going in there and making sure so it's it's just one of the examples that you're thinking I don't interact with county services that often and actually um people do people do even if you're not receiving disability waiverss or Medicaid services there's a lot of really important things that we do and thank you good timing okay so 3.15 billion is our budget. Last year our our levy point um we raised at 7.79% um or 7.7 no percent is different 7.79 levy uh uh levy points and um looking at that you can see here's the property taxes and I have some good charts which are going to show how the trends what that's been looking up and that's coming up shortly but you'll see a big part of how county um supports itself is through property taxes. There's also state and federal funding. And let's go to the next one because I think here's our expenditures per line of business. You'll see 50% of our budget is health and human services. Then we have you think resident services are where our libraries are in. Um operation and disparity elimination. We have housing in there and it's the operations of the county. It's uh things like workforce development, law, safety, and justice. You have the county attorney, the sheriff in there. But we also run the adult detention or the um juvenile detention center. We also have probation and law, safety, and justice. Capital improvements, you're thinking about our roads, bridges, and also um the capital improvements is where our libraries are. And public works, of course, um is also uh just the maintenance of of how we run county roads. And here, these are the good ones, which hopefully you guys have a copy that you can zoom in closer because it's quite small. Um, but I want to show you the first chart you'll see is the property tax trend that we're on where in 2024 is that dark blue line, the light blue is 2025, and then the green is 2026. You'll see the trend that we are going is is an over reliance on property taxes to fund county services. Now, I want to show you um Oh, there it goes. Okay, so the next one I want to point you to is the federal government, which is three over. again, blue 2024, light blue 2025, green 2026, and you'll see that that funding um has gone down and state it if you'll see it kind of es and flows. Um and so but it has gone down. Now, what's interesting about the county too is I think if you're not thinking about it top of mind, a lot of what we do, about 70% of the work that we do is mandated by the federal government and the state government. So there are things we absolutely have to do, but yet the funding is not tied, right? I mean, you guys have obviously, it's funny, when I was at the legislature, people would say unfunded mandates, and I was like, "Oh, come on. We just have to shift how we do things." And then you're like, "Well, technically, there are things that we have to keep the community doing well, but if we don't fund it, where does that funding come from?" As you can see, the trend is that those funding sources go down and property tax funding goes up, right? You just want to tie that correlation there. All right? All right. And then the next one you'll see expenditures per line of business. Um, one that's really uh important to note is you'll see that our health um it's three charts over again that the green is 2026, light blue is 2025. You'll see our health expenses are drastically increasing. Um and so in that uh some of the things that we've had to do over the last year is um remember when the federal government was uh not doing well with in terms of passing SNAP funding. um the the county government has to step in and so we've put out $3 million to make sure that people had food to eat. Um there's other multiple things that you're thinking about where we've had to step in where when our state and federal government are not working for people, it's the counties that are because we have the resources. Um it's sometimes taking away from other resources. So I the other thing I want you to highlight um is the fourth one over under human services. You'll see in blue 2025 um how the funding for green 2026 went down for human services. Now most people when they think about what the county does is a lot of human services. That's one of our primary things and we're having to not be we're having to with attrition having to hold positions and and struggle with funding because of some of the instability of all the other systems. So just wanting to kind of big picture so you guys see what's happening at the county. Um but you'll also see for capital improvements we have that um expenditures the money going out is we're reducing that because we have less money so there's less money to spend on capital projects. Um and I think that is it for this so we'll keep going. Uh so property taxes um I've heard a lot about it and I absolutely agree the trend is not it's not sustainable. So, we have to figure out what we can do because whether we, you know, we all would like to change the federal government to be stable and not have the partisan fighting, but to do the things for the people. But the reality is is we're not going to be able to change the federal government. We have control of the county. And so, what we have to do is really look at not pricing people out of their homes. And so, um, trying to be, uh, cognizant of the budget that we have. Um, we understand that. I'll just want I want to say as the county commissioner for the area I understand that this is not sustainable that we are trying to level out property taxes um so that doesn't continue to go up but what Minnetonka saw specifically is about a 10.5% increase and now tax capacity comes in with this um I swear people need a PhD to understand exactly what it looks like but it I think it's 1.25 25, right you guys? Where because a lot of the homes in Minnetonka in a lot of the district 6, if you're over 500,000 or more, you're actually taxed at a different capacity for the state of Minnesota. And so some of that is the portion of the pie that we pay for is bigger for those homes that that have that. And because of the amount of um homes that have that, the percentage is larger in Minaco. And feel free to interrupt me if you have any questions. And then okay uh so here's some of the the cuts that we have already seen. Um this was late they were funds that were already uh essentially paid or spent in our minds um but funding that is cut. So budgeted but no longer there. So uh food security um for SNAP. So 8 million of that. So now um so what SNAP looks like in other states is the actually the state administers SNAP. In the state of Minnesota, it's the counties that administer SAP. So, we qualify people. They come through the county. We qualify them and then we approve them and they get the funding through the USDA which goes to the state and then the money goes directly from the state of Minnesota to the person, but the county has the first interaction. We have all the administrative costs. They're cutting 8 million of our administrative costs. So same responsibility to do to do the qualifications but the funding is not there. Um that also we have the terminated grants for FEMA which was um shelter housing. Um 2.8 million was cut from that. And so we'll keep going. Uh 2027 county and hospital anticipated cut. So we have the error rate. I don't know how much you guys have heard about this, but SNAP the error rate uh 32 other states in the United States actually have an error rate that is higher than the state of Minnesota's. Ours is 8.6 and uh other states are higher. And the HR1 the big bill that was passed uh what that says is essentially if your air rate is not um 6% or less that you will be um you will incur these costs. And so um it is that is something that we're anticipating um as as a cost. And then HUD uh these are the permanent um permanent shelter uh permanent housing funding that we have 12 million and I saw uh Ronnie Secretary Ronn Ronnie CR when I was in Washington DC for a conference and I had talked to him and I said listen he he made some statements and then he left without questions and I followed followed down in the hallway and I was like wait don't leave I need to ask you questions because the permanent support of housing has been very successful in Henipin County um and so making the 12 million of cuts because what the current administration believes is there's too many people receiving the benefits that should be working more. Um, but the problem is is if we take people out of permanent supportive housing that were formerly homeless, uh, we are creating another problem and the cost is significantly more than 12 million. So, I we're genuinely worried about this. We had a good email back and forth. He did email me back um, but there's no commitment. I will keep trying, but I'm I'm I'm genuinely worried about that. And it's it's more than the cost. It's it's what are we going to do about the people that are going to lose housing? Uh Medicaid costs, we do not know. Everybody is working on this number from hospitals to counties to clinics. Everybody's trying to figure out what the Medicaid uh implications will be. And I we don't have hard numbers yet. And so we are truly worried come January of 2027 of what we anticipated costs are, but we should hopefully have some answers in the next few months here. So, this is I'm going to have to update my PowerPoint now. I apologize. Session just ended. Um, so glad I'm not there. Long night for them. So, the state we had the ballpark um ballpark sales tax is what we wanted. We actually got the 205 million. Um, and so that is really positive news for the hospital. It really is good news. Um, and then there's 500 million that looks like it will be available to apply for and not just for HCMC, but for other hospitals. those other hospitals are struggling as well. And so, and then there's a task force that will be done to look at our governance and long-term sustainability. I've been doing a lot of research on this. We want to make sure that we secure and stabilize HCMC, which this money will do. But, you know, possibly looking at a hospital authority other states have, but learning from what those models have done and figuring out ways um to sustain it, but also remove it from the liability of the county, too. I mean, we're we we had $40 million last year. So, uh a levy point is 10 million. 40 four levy points were just for the hospital alone. And so and we were caring for 20 million of that was for people that were outside of Henipin County. And so we don't want to turn people away, but we need a funding mechanism that the state can show up for as well. Um so that we're not looking to property taxes to pay for people's healthcare, but people's people getting health is absolutely a priority. So it's not getting rid of that. It's saying we believe in health for people, but we need to have that as a shared cost with the state. So, all right. And here's the timeline. We've had a bumpy year since August when we took over as the hospital board. I'll be looking forward to not being the hospital board member anymore. As much as I love the hospital, I've had to do a lot of research cuz I don't know anything about running a hospital. When I ran for the seat, it wasn't like, you know what, I want to help run the hospital. That don't know about it. I don't. And um I it has been it's been a learning curve. And so, I truly believe in the mission of of Henipin County Medical Center, though. and I want to see it thrive and survive. Um, but I want experts around that um that hospital to make sure that politics stays out of it and that it really is about patient care. So, we'll go to the next slide. This is great news uh for the city. Uh we sent an email out uh council members and mayor um and also city members. Uh 9,000 will be Henipin County will be giving uh for onetime funding to help with elections this year. Um, we are also looking at uh how to be more supportive for elections in the years ahead and keep going. We have our youth cris crisis stabilization center which opened up in December of 2026. Uh it was about 20 million to open with 13 beds. It has 247 care students that will go there are 8 to 17. Um and it's about it's a short-term stay facility. And now you might say $20 million 13 beds that's a lot of money. But the reality is is every time we were in every time we're in care of a child um we are in we are responsible for all of the cost and and quite frankly one child could cost us well over a million and especially when we're sending that child out of state where they're far away from their family. That's not good for that child. It's not good for the family and uh it's really hard for kids. we see more uh re reoccurrence of coming back in um to crisis um care at that point. So this is really a positive positive intervention that we are seeing and um very very good for our county. So we would like to see residential treatment facilities there's not enough of them uh and if you have a a child that has behavioral like acting out physically people would reject reject and that child has nowhere to go. So, that's the next level of of attention that I would like us to pay attention to because oftentimes those kids end up in like a juvenile detention center or in a facility um that they should not be in. So, all right. And we have a new public safety headquarters in Plymouth. I don't that was an opening last May. Um and it's lovely. If you haven't seen it, let me know and I can we'll do a tour again this summer. Last year we did the medical examiner's office. Open to all. Um but we'll do a few more tours this year. So, I'll send an email. You guys just signed up for which ones you want to come to. Um, but this one's good and we'll keep going. Autotheft collaboration. I know the police chief is here. So, Minnetonka and other county or other cities like Edina are working together um and they got this funding here for the 631,000 for grant funding um to work on um autothefts that are happening. I mean, there's this new I'm sure the police chief knows much more about this, but I was seeing there's like a fob thing where people can like walk up and I'm going to decimate it, but anyways, it's there's in there's innovation. There's innovation on autothefts. And so, we need to make sure we're keeping up with that. So, we're preventing them before um you know, unfortunately ends up being a lot of young people um getting creative. You're like, use your force for good. Uh but yeah, so hopefully this will be helpful. this funding that we're receiving and these are infrastructure projects that we have going. Baker Road, um we're doing a lot of pavement resurf resurfacing. Um Gleon Lake, that's also reconstruction. We have pavement, curb, storm water, um sidewalk, and then ADA accommodations are going all across the county. So, you'll see that on Ed Prairie Road pavement preservation as well. >> And if you I can send this as well as a follow-up. This is a great map uh just to show all the capital projects that we're working on and it's timelines if people are getting questions, but you can always council members and mayor always just call me or text me. I'm really really responsive. I I truly appreciate hearing from you on on issues. And uh that is it I believe. Happy to take any questions. >> Thank you, Commissioner Eden. Council, any questions? >> Very comprehensive presentation. Council member Calvert, I don't really have a a question. I just I just want to uh thank you for your hard work. Um I'm very grateful that um there's a plan moving forward for HCMC. Um being a person that has been working with the county quite a bit for uh family members who need services, these cuts are devastating. Um I'm I have some means, but I am not uh a wealthy person by any by any means. And um these cuts are really devastating. And I really encourage people that listen to this meeting to call their federal legislators and encourage them to reinstate funding for social services, Medicaid, SNAP, housing because the people this is the some of these cuts are supposedly punishment for quote unquote fraud that is already being prosecuted here in Minnesota and the only people that are suffering are the people that were already the most vulnerable people and needed these um services. So, I just want to thank you for your service. You and I have a lot to catch up on and talk about. Um but um you know, I think these cuts are really devastating and I I it's amazing that we, you know, can offer uh what we can offer. And I just want to say I'm I'm sure I can speak for all of us that we want to be your partner because these are uh the issues that cities and counties grapple with and we have to support our residents and um they need these services. So thank you. All right. Well, thank you Commissioner Eden. I will comment just briefly. You know, we've got a lot of big infrastructure projects that you mentioned and things we're partnering on and we really appreciate the patience and the communication of the folks at the county cuz maybe we've been a little more demanding than we should be and we're working on that. >> Not at all. We appreciate you being de I mean Minnetonka is a great partner. >> Well, thank you so much. >> Thank you for having >> and we'll see you soon. >> Thank you. Bye. >> All right. on to item 6 C, which is one of our favorite things to do here, not because it's to say goodbye, but it is to honor the folks that have been so committed to our community. And so, we are going to recognize the retirement of officers Scott Reese and Steve Pashki. and they've given me a lovely write up to read about the service and the backgrounds of these um longterm officers in our police department. So, I will read that. Officer Scott Ree grew up in Owatana, Minnesota and began his law enforcement career in 1990 with the city of Rochester. He later joined the Zimroda Police Department in 1992 be before finding his long-term home with the Minnitankka Police Department in the winter of 1994. Scott often shares that his first exposure to law enforcement came from watching the television show Chips, where he would he would find himself asking, "What would Ponch do?" That childhood curiosity eventually turned into a strong sense of purpose and a lifelong calling to serve. As the youngest of three children, his parents like to joke that they stopped at three because Scott was such a terrible sleeper. Ironically, that trait has served him well, as Scott spent his entire 36-year career working the night shift. Anybody who has worked night shifts knows how demanding that can be and doing it for an entire career speaks volume about his dedication. During his time with the Minnitankka Police Department, Scott served in a wide variety of roles including field training officer, reserve advisor, bike patrol officer, counteract instructor, peer support team member, mental health response unit member, and crisis negotiator. In each of these roles, he made a lasting impact on both colleagues and the community. He was also involved in many high tension crisis situations, earning several commenations. In one particularly serious situation, Scott spent 45 minutes in face-to-face negotiation with an armed individual who was holding his 10-year-old son hostage. Through calm communication and patience, he was able to secure the safe release of the child and the peaceful apprehension of the suspect. I'll just give a editorial note is that um staff was all saying universally that if they have a tough situation, Scott's the person to call on. So his help really went beyond the streets, but also the staff. Beyond the department, Scott also made a statewide impact. He has served as a presenter and a coach for the Minnesota crisis intervention team, an EMS educ education instructure instructor for HCMC's tactical emergency medical police officer training and an instructor with le Lac in teaching crisis intervention and mental health crisis courses to law enforcement agencies across the state. More than anything, Scott is known for his empathy, his ability to connect with people in crisis, and his strong commitment to officer wellness and mental health. He's known for his sense of humor, which is usually seen in the form of random little things showing up in unexpected places around the department. In retirement, Scott is looking forward to spending time with his two daughters and his wife and best friend, Megan, who he recently married in April, as well as traveling and exploring new places. and continuing his teaching work. Congratulations, Scott, on more than 36 years of service. You'll be greatly missed. Officer Steve Pashki grew up in Brooklyn Center and earned a bachelor's degree in market marketing from St. Cloud State University. During college, he worked in the electronics department in Dayton at Dayton's and enjoyed it so much he continued working to work there after graduation. Steve still looks back at his time at Dayton's fondly and often reflects on it as a meaningful and impactful experience in his life. Law enforcement wasn't initially a part of Steve's plan. It was his mother who first suggested it after meeting Minneapolis police officers at a job fair. Once Steve explored the profession, he quickly realized it was the right fit. He attended law enforcement training at the Minneapolis Community College at night while continuing to work at Dayton's during the day, eventually becoming a community service officer with the Mound Police Department. Steve began his sworn career in 1996 with the Hutchinson Police Department through a federal grant program and he served there until 2002. He then joined the Minnotonka Police Department, drawn by the department's strong reputation and colleagues who had made the same move. During his time in Minnotonka, Steve served as a bike patrol officer and crisis crisis hostage negotiator. He is widely respected for his calm presence, steady demeanor, and genuine compassion for every interaction over his career. He received multiple commenations and life-saving awards. In one notable incident, Steve spent two hours building rapport with a person in crisis and ultimately persuaded them not to jump from a parking ramp. An example of his patience, skill, and quiet strength. Steve has been married to his wife Holly for 35 years, and together they have three daughters, Jordan, Jessica, and Jenna. In 2018, the family endured a heartbreaking loss of Jenna due to an aggressive undiagnosed brain tumor. The loss is was deeply felt throughout the department. Steve and Holly are grow proud grandparents to five grandchildren. Harrison, Evelyn, Beckham, Quinn, and Abigail who bring them immense joy. Outside of work, Steve is an avid cyclist and marathon runner. Grandma's Marathon and the Twin Cities Marathon have been a part of his life since high school and have become a cherished family tradition now shared by his daughters and their families. As he enters retirement, Steve looks forward to spending more time biking, running, golfing, and most importantly, time with his family. Thank you, Steve, for 30 years of dedicated service, and for the steady, compassionate presence you brought to this agency every day. Scott and Steve, thank you both for your years of service, professionalism, and dedication. You've made a lasting impact on this department and theu community you served and you will both be deeply missed. And that's really true. You know, the the experience in the police department is just so instrumental in the culture and developing young officers into these strong leaders that they've become. And you'll really be missed and your the whole department will will be impacted by your leaving, but welld deserved as well. So, we've got a couple items to give you or an item to give each of you. So, I'll come down. You guys can come up and then we'll give you an opportunity to make any comments you'd like to make. So, what we have here um for Officer Ree, they get to pick these. I found out today. I was like, "Well, how did we decide who gets what?" Um, this is a photo and in it, this wood is reclaimed from a a majestic American elm tree at the Minnetonka Mills Park. So, this is for you. There's a little stand there. So, just don't drop that. And this one for officer Pashki says, I have to get it right. The community reflects the character and dedication of those who serve it. The residents of Minnitanka are grateful for you. Right. You you two can negotiate over who's going to make their comments first. >> I'm less prepared. I ramble. >> No, you don't. Well, good evening, mayor, city council members, and everyone in attendance here tonight. Um, I'd like to thank you for this opportunity uh for Steve and myself to be recognized for our years of service with Minnetonka. 11,465 days. It was that long ago where I stood in the same council chamber raising my right hand, taking an oath to protect and serve the citizens of Minnitanka. Um, the date was December 27th, 1994. I remember being very nervous. I still am. Uh, my father, uh, Roger and my mother Carolyn were here to support me on that day um when they proudly pinned a shiny new badge um onto my uniform. And with much gratitude, both are here with us tonight to witness uh this journey come full circle. Well, today the the badge isn't quite as shiny. Uh the boots are a little more worn. Uh my uniform shirts seem to fit a little bit tighter. Um and some people even said I lost some hair along the way. I don't I don't know about that. But I just want to thank this uh I want to take this opportunity to thank some very special people here tonight. Um first of all, my mom and dad. Uh your unconditional love and support have guided me through every chapter of my life. You led by example and showed me uh what service before self truly means. Uh through you I've learned about compassion, empathy, and unconditional love. So, thank you. And as a side note, they did provide a television where I got to watch uh my favorite show called Chips, and that was already discovered. Uh Ponch is amazing. So, uh Taylor and Ashley, my two beautiful, amazing daughters. Uh you were cop kids, which means dads sometimes miss birthdays, holidays, ball games, and other important events uh because of this crazy police schedule. Many holidays were celebrated the day before or the day after the actual holiday. Um Taylor Ashley, thank you for the grace and support uh that you've given me throughout the years, and I am beyond proud of the incredible uh young women that you've become. I love you very much. to my brother Brad, my sister Don. Don is here tonight with her husband Daryl. What can I say? You kept me in line then, you're still keeping me in line now. Um my sister, a retired teacher, uh my brother, a retired pastor who's now doing some counseling work. Um again, just a tribute to my parents for that um service before self that they've instilled in us. Uh Megan, my uh best friend, partner in crime, and my wife of three weeks. Yeah, there's been a lot going on the last 30 days. Uh thanks for believing in me and helping me realize that I could love again. Uh you are my rock. And for those who don't know, Megan is a paid on call firefighter here in Minnetonka. Um and she's also a full-time firefighter with the Minneapolis St. Paul uh International Airport Fire. Uh so yeah, she is the true hero in the family. That stings a little bit. Uh to the city leadership, uh Chief Borboom, the entire staff, I just want to thank you for your leadership and and just the wonderful job that you do. You have a difficult job. Uh thank you for supporting our officers and I ask your continued support even after I'm gone. Uh lastly to my partners, don't cry, Scott. Don't cry. Uh thank you. You are an incredible group of men and women. For the past 31 years, I've had the honor and privilege to serve alongside many of you. Some of the greatest work Some of the greatest work you do will never make the news or appear in social media. I've seen officers purchase food, gas, clothing, and countless items for people in need, all out of their pocketbooks. I witness acts of bravery and true service before self. Even during our most difficult days through loss and experiences that are hard to comprehend, uh we have learned or we have leaned on each other and we have supported one another. I witnessed empathy and compassion that go far beyond what most people could imagine, especially when we're helping those that are in need. To my partners, thank thank you for everything that you do. Uh the city is a better place because of you. Please stay safe, check in on your partners, find resilience through gratitude, and always remember this. It was not me that hid those micro ducks and dinosaurs and frogs throughout the police department, but I will leave a couple of them here just so you can enjoy them, too. Thank you very much. Oh boy. Mayor, council members, uh, everyone in the audience, every everyone here, do you mind if I turn around and talk to people that way, too? I am just I have a loud enough voice. I think you you can hear me. Uh, as as the mayor said, I had no idea I was going to get into this profession. This was just something. Wow. I got I got lucky. Um I really wasn't sure what I wanted to do as as we all kind of do going through life. Uh when I stumbled upon my mom talking about law enforcement and that uh this might be for you, Steve. Uh it it really opened up a a whole new world for me. Uh Dayton was closing as we all know. It's now history. Uh so I knew I had to find something different, something for me. Uh, I love people. I love working with people. The the partners I've had through the years are incredible. There's a bunch of them right here sitting amongst you that I mean, they're incredible people and that's what I what I got to be with. Uh, the city, you guys have always supported us. Uh, we felt it. It it was there. Uh, coming to work, we never felt, oh boy, are we doing the right thing? Are we supported? Are we loved? we are and we we've always felt that. Uh and it means something. It means a lot. Um 30 years of doing this job, it takes its toll. Um but uh the people I want to thank are just my friends, especially my wife Holly. Being married to a cop is not easy. Uh we work 12-hour shifts and they're they're long. So by the time you get home, you got maybe a couple hours before you've got to go to bed for the next shift. And so she's kept things together all these years. Even when I was in Hutchinson where the holidays that you miss, the birthdays, just the special Sundays or or certain days, she she kept everything together. And how she did it, I don't know. But uh my family, everybody's always supported me. Uh you know, be yourself. Uh my friends, I've got some buddies that I've known since junior high here. uh you you know we've always been together and uh it's it's meant it's meant a lot but uh for uh for this career that was like an unknown to me. I can't believe I I stumbled upon something like this. So for the city of Mitaka and everyone else, thank you. I really appreciate it. All right. Well, thank you again. We'll pause just for a brief moment so that you all can go exit and finish celebrating. Thanks for coming and thanks for supporting our officers. Take care. All right. Our next um item on the agenda is item 6D, which is the ALS awareness awareness month proclamation. Um I've asked Council Member Maxwell, who's got a personal connection to this cause and and terrible disease, to read the proclamation. Council member Maxwell. >> Uh thank you, Mayor. Uh yes, my grandmother died with ALS and it was just heartbreaking to watch her body die out from under while her brain was she was with it till the very second that she died and she donated her brain to Harvard and she loved to joke that finally after 70 years Harvard wanted her for her brain. Um so I'm pleased to to read this proclamation. Whereas amiotrophic lateral sclerosis ALS also commonly known as Lou Garri's disease is a progressive fatal neurodeenerative disease in which a person's brain loses connection with their muscles slowly reducing a person's ability to walk, talk, eat, and eventually breathe. And whereas thousands of new ALS cases are reported every year and estimates show that every 90 minutes someone is diagnosed with ALS and someone passes away from ALS. And whereas on average patients diagnosed with ALS survive only two to five years from the time of diagnosis. And whereas the exact causes of ALS are unknown and there is no known cure for ALS. And whereas people have served in the military are more likely to develop ALS and die from the disease than those with no history of military service. And whereas securing access to new therapies, durable medical equipment, and communication technologies is of vital importance to people living with ALS. And whereas clinical trials play a pivotal role in evaluating new treatments, enhancing quality of life, and fostering assisted technologies for those living with ALS. And whereas the ALS Association is the largest philanthropic funer of ALS research globally and has committed more than $154 million to support more than 550 projects across the United States and 18 other countries. And whereas the ALS association is committed to make ALS livable and cure it for everyone everywhere. And whereas amiotrophic lateral sclerosis awareness month provides an opportunity to increase public awareness of the dire circumstances of people living with ALS acknowledge the terrible impact this disease has on those individuals and their families and support research to eradicate this disease. Now, therefore, the city of Minnetonka does hereby proclaim the month of May 2026 as ALS awareness month. We call upon all Americans to join in supporting ALS research, advocating for increased funding and standing in solidarity with those affected by this relentless disease. >> Thank you, Council Member Maxwell. Item 6E is the Asian-American and Pacific Islander Heritage Month Proclamation, and I've asked Council Member Kling to please read that for us tonight. Thank you, Mayor. Whereas, Asian-American and Pacific Islander Heritage Week was first celebrated in 1978 and first designated a month-long celebration in 1992. And whereas Asian-American and Pacific Islander Heritage Month seeks to honor the contribution of residents of Asian Indian Pacific Island descent. And whereas accomplishments from Asian-Americans and Pacific Islander have led to great advancement in culture, politics, economics, technology, and more. And whereas during the Asian-American and Pacific Islander Heritage Month, we acknowledge Asian-American and Pacific Islander who live and work in Minnitonka and acknowledge their contributions to the success of our community. And whereas the city of Minnitanka's strategic profile highlights the importance of community inclusiveness, creating a community community that is engaged and compassionate about everyone. Now therefore, be it resolved that the Minnitanka City Council does hereby declare the month of May as Asian-American and Pacific Islander Heritage Month in the city of Minnitonka. >> Thank you, Council Member Kley. And item 6F is Jewish American Heritage Month proclamation, and I've asked Council Member Calvert to please read that. Thank you, Mayor. Whereas uh Jewish Americans have been an essential part of the American story since the earliest days of our nation. And whereas Jewish Americans have contributed to the very fabric of our American experience through religious, cultural, political, economic, and intellectual advancements, working tirelessly towards achieving their piece of the American dream. And whereas JewishAmerican Heritage Week was first recognized in 1980 and expanded and expanded to Jewish American Heritage Month in 2006. And whereas during Jewish American Heritage Month, we acknowledge Minnotonka residents and staff of Jewish descent and recognize their many contributions to the success of our community. And whereas the city of Minnotonka's strategic profile highlights the importance of community inclusiveness, creating a community that is engaged in compassionate about everyone. Now therefore, be it resolved that the Minnitonka City Council does hereby declare the month of May as Jewish American Heritage Month in the city of Minnotonka. Thank you, Council Member Calvert. On to item seven, which is reports from city manager and council members. Miss Domen. Thank you, Mayor and Council. I do have a few things this evening for you. I'm bummed they all left. Last week was National Police Week, a time to recognize and thank the officers who served our communities every day while also honoring those who made the ultimate sacrifice in the line of duty. Mitanka police officers participated in the annual standing of the guard ceremony on May 15th at the state capital police memorial grounds. This week we're celebrating National Public Works Week. A chance to recognize the dedicated staff who help keep our community running every day. From maintaining roads and water systems to supporting sanitation and other necessary services, public works professionals play a vital role in the quality of life we enjoy here in Minnetonka. Um over the weekend, I'm sure many of you and most of staff were monitoring the activity at the legislature. Uh Minnotonka was included in the two for 2.5 million in the bonding bill for fire station 2, but no sales tax components were included in the tax bill. More updates on the impact of these to come as we continue through the budget season. Um, as a reminder, city offices will be closed on Monday, May 25th in observation of Memorial Day, and our next meeting is in two weeks on June 8th. And with that, mayor, I'll turn it back to you. >> Thank you, Miss Domen. Council, Council Member Romey, thank you. Uh, I know, uh, the mayor was also invited, but I'm sure she has other things to comment on. So, I just wanted to say thank you to David Heg and all of the other uh the police officers who were there for bike to school day uh last week, last Wednesday. Um I had not been to a bike to school day since my children were at Groveland Elementary in Ward 3 about 20 years ago. Um so it was a great fun to be there. It has grown tremendously. There is even a donut truck there in the morning. So that was awesome. uh because it was a chilly morning and coffee and donuts afterwards was was welcomed and appreciated. But I think it also goes to show how much more uh people are in tune with the need, you know, for walkability and bikeability in our community. And um so again, want to thank all of city staff and leadership for the work that has been done in the last 20 years in that regard, including a lovely lighted crossing um crosswalk at that at that intersection right outside of Groveland. I think that's really uh been important in increasing uh walking and biking to school and look forward to uh seeing it grow uh in the future. >> Excellent. Thank you, Council Member Romey. Council, anybody else? Council member Kley. >> Thank you, Mayor. I just want to um congratulate Hopkins um junior um girls track team today. Uh my niece was running track and she's this is her first year and I didn't get a chance to go to this track meet because of council meeting tonight. But my sister did send me the results and it looked like she her group of girls came into first place in the 4x1 today. And then they gave me a overall score of the different schools. So, Wisett, it looks like they took first place overall and Hopkins North took second place and then Minnitankka West took third place and Minnitankka East took fourth place. So, I just want to congratulate all the schools and all the participants in the track and field. But I was really proud of my niece today. So, thanks. >> Fun. Council member Maxwell. >> Yeah. While we're honoring police officers today, um I'd like to say thank you to those uh first responders. I had a son who was hit by a car crossing Plymouth on his bike this week and there was a police officer who stopped um just a few seconds after and was able to help him and we had we had the ladder truck out. We had five police officers out helping him. So, he will be okay. He didn't have to go to the hospital. But I implore you, please follow the speed limits around here. There's a lot of kids on bikes now. Um, so wear your helmet, watch for pedestrians, and thank you to the officers. Well, >> I'm glad he's okay. Yikes. Anybody else? Okay, I've just got a few things. First of all, I want to mention this is on the agenda later, but just it's on the consent agenda. We're just really pleased to have received once again the results from our community survey. That's the survey uh telephone survey. residents commit 45 minutes to an hour to answering hundreds of questions about the city. Um 400 residents respond to this survey and um we once again were ranked as one of the top cities in the state and that's not hyperbole that's based on the data. So we're just very happy with the results. We're um committed to continuing to produce good quality of life and uh welcoming place for everybody so that we can continue to show up in our survey in that way. Um also I just I as council member Rome mentioned there are a lot of bike events and the and the Groveland event was excellent. So participated in the rail the rails trails to rails one or the other event that highlighted that was a week ago Saturday highlighted the fact that all of the trails that had been closed for years for the light rail construction are completely open. So you can get all the way along from Hopkins into downtown now uninterrupted without detours. very nice high quality trail connections. And that culminated at a press conference with all of the mayors who are on the green line at cities who are on the green line and extension in um Minneapolis. We we had an opportunity to just celebrate that the trails are open and look forward to the opening the running of the trains which should be within the next year here. Um the trains are running. if you see them, they're being tested and they should be up and operational very soon. Uh, also had the pleasure of serving with Chief Bourboom as a judge for a Vantage presentation today. The students and the public policy group class were working on recommendations regarding dealing with ebikes and emotos. And that was very interesting to hear some ideas from the perspective of young people. And that's that's a really tremendous program. And then finally, I had the honor to uh speaking of p uh public safety, participate in the swearing in of two officers in the promotion from an officer to a sergeant last week here in council chambers. really exciting to see folks committed to our city and to start fresh in their career as we see um longerving officers retire and to see new officers come in and be committed to taking their place. So that was a great opportunity and that is all I have. So, we will move on to item eight, which is citizens wishing to discuss matters not on the agenda. And I have one card from the box. I believe there's just one person here who wants to speak today. And it is Paul Steelmockers. Steelmockers, come on up and please provide your um your address and tell us what you're what you're here about. >> Good evening, ma madame mayor, members of the council, city representatives. I'm Paul Stelmockers. I reside not too far from here, 13808 Inverice Road and I'm here to talk about uh road safety on Minnotonka Drive from 494 to Williston Road. And Minnetonka Drive is kind of the frontage road. It goes right in front of the Williston uh portion east of 494. It's beautiful, great pavement, great striping. The problem from the westbound from 494 to Williston is there's virtually non-existent striping at night. It's almost impossible to see. If it's raining at night, you can't see it at all. And there have been times when pedestrians and bikers have encroached. Other uh ped uh motorists, they kind of encroach on they they don't look. And it has become a safety concern. And I live right off of that. and I use that extensively and I tried to find online if there is any plan to restripe that. I could not find it. Um but I just wanted to bring it to your attention and perhaps it can be addressed in the future as I do believe it is a safety issue for both motorists, pedestrians and bikers. >> Thank you so much for bringing that to our attention. We don't take any action on these items tonight, but staff will make notes and we'll um regroup at some point. >> Any plan that you're aware of at this time? We'll we'll be we'll be in touch with you on on that. Thank you so much. Yeah, thank you for coming. >> All right, on to item nine, which is bids and purchases. We have none. Item 10 is consent agenda. Um, okay, I think we're getting our answer right here. Miss Wishnack was able to intercept. Thank you, uh, Mr. Manchester. Okay. Um, bids and purchases, we have none. Consent consent agenda items requiring a majority vote. And these are items that are considered routine in nature that we can um present and pass in one vote. However, if anybody's interested in addressing any of these items, they can be pulled from the consent agenda and and discussed separately. Tonight we have um 10 consent agenda item 10A, the final plaque for D Jang Estates, a two lot subdivision at 18420 Old Excelsure Boulevard. 10B 12month extension for an interim use permit for a portable classroom at the Glen Lake Elementary School, 4801 Woodridge Road. 10 C. the strategic plan quarter 1 report, 10D, a resolution for the White Gate Forest main replacement project, and 10E, the 2026 community survey and organizational merit. Council, any uh or anybody in the audience like to pull any of these items? Not seeing any, I would take a motion. Council member Wilburn. >> I move approval of consent agenda items 10 A, B, C, D, and E. And council member Calvert. Thank you, mayor. I'll second. I have a motion by council member Wilbur, a second by council member Calbertt. Miss Larson, please call role. >> Wilbur, >> yes. >> Calbertt, >> yes. >> Romeley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. >> Shaq, >> yes. Motion carries. On to um item 11 which is the con consent agenda items requiring five votes. The same situation here. This is considered routine in nature but if anybody wants to discuss it they can it can be pulled. We have one item 11A. The resolution accepting grant grant funds from Bloomberg Philanthropies Philanthropies youth climate action fund for red redistribution as microrants for youthled climate action projects. Council member Calvert. Thank you, Mayor. I'd like I am very excited to make uh a motion to adopt this resolution and I'm really really pleased to see this grant opportunity. Thank you. And council member Kley, you just wanted to make a comment. >> Yes, I just wanted to make a comment. So, when I was reading the package and I saw this um grant, you know, I thought instantly about the students with the Vantage program with the ebikes and was like maybe this is something that, you know, they can apply for. But, um I I really thought this was a good grant and read through um went to the website and read through some of the work that this um organization was doing and just really was excited about. I'm happy that we received this grant to help youth do this type of work. So, thank you. >> Do you want to make the second to the motion? >> Yes, sure. So, I'll make a motion to approve consent item um A. >> I'll take that as a second. I've got Sorry, that's okay. I've got a motion by Council Member Calvert, a second by Council Member Kley. Miss Larson, please call. >> Wilurn, >> yes. >> Cal, >> yes. >> Romeley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. Shaq. >> Yes. Motion carries. And that I agree. This is very exciting. And I think staff's pretty excited about it, too. And I think there's just a lot of opportunity for innovation and people thinking about young people thinking about things maybe that we as older people don't have the mind elasticity for. Um on to item 12, which is introduction of ordinances, and we have none of those tonight. Item 13 is public hearings. 13A is a resolution approving uh the vacation of easements at 14215 Orchard Road. And uh Mr. Manchester, this is you. >> Yeah. Thanks, Mayor and Council. Good evening. Property owners at 14215 Orchard Road are requesting the vacation of easements that are no longer needed at this property. Uh the recommended action tonight is a motion to adopt the resolution to vacate the easements. Uh the project location, it's lo the property is just south of Orchard Road. Um next slide, please. Um as you can see on this exhibit, uh the lot was combined recently. So it went from two lots to one. Uh generally there's easements along the property lines at this time. The easement request vacation is to essentially um eliminate the easements that are no longer needed and then as part of the conditions easements would be provided along the lot lines. So these easements would uh need to be completed or the uh approval would not be valid. Um this does require a public hearing and so that's why we're here tonight. I'll turn it back to the mayor for any questions or comments. >> Thank you Mr. Manchester Council. Any questions on this? Pretty straightforward. Not seeing any. I will um open the public hearing and invite anybody from the public who wants to speak on this item to come up. Is there anybody? Anybody? And my third required request. Anybody not seeing anybody? I will close the public hearing and council. Uh any comments otherwise we can take a motion. Council member Kelver. I'll make the motion to adopt the resolution vacating the easements. >> Council member Romey. I'll second. I have a motion by council member Calvert. A second by council member Romey. Miss Larson, please call role. >> Wilbur, >> yes. >> Calbertt, >> yes. >> Romeley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. >> Shaq, >> yes. Motion carries. On to item 13B, which is Breck School Conduit revenue bonds. and Miss Wishnap, that's you. >> Thank you, mayor. It's somewhat me. Um, I'll introduce our consulting attorney in a second. Um, I just wanted to bring you to attention. This is actually not an atypical request. We do conduit financing for a variety of projects in the city or outside of the city limits. Um, but through the city's uh financing arm. Um, we did this last time for Breck in 2012. we had issued 6 million $6.5 million in debt at that time. Um but there's a lot of technicalities to what's being proposed tonight which is more um $45 million that is the ask. So I'm going to invite uh Gina Fiori Reini, excuse me, and she is our consulting attorney attorney from Coutak Rock. And so she will be kind of guiding you through what the proposal is and how it affects Minnetonka, etc. So, Gina, if you would come on up. >> Mayors, uh, city council members, my name is Gina Finini and I'm an attorney at Coutek Rock and I am serving as bond counsel on this transaction. Um, Brex School has submitted a request to the city that it issue conduit revenue bonds in an aggregate principal amount not to exceed 45 million and loan the proceeds of such bonds to the school. Um the school is going to refinance the bonds that were issued in 2012 by the city of Minnitonka. Uh refinance the line of credit and do a number of improvements to its campus. Um the the bonds are proposed to be issued as conduit revenue bonds and qualified 501c3 bonds. And that means that the interest on the bonds is excludable from gross income for federal tax purposes. The bonds are special limited revenue obligations of the city payable solely from the revenues of Breck. Um, so the city is not pledging its general obligation to the bonds. The bonds are not secured by many taxing powers or any revenues or any property of the city and they're solely payable from Breck and the security that the school is providing to the repayment of the bonds. Um, the bonds are proposed to be not proposed to be issued as bank qualified bonds. So the the city doesn't have its own bonding capacity that will be impacted by this bond issue, but it will impact the city's ability to designate any bonds it issues in 2026 is BQ bonds. Um I understand that the city doesn't have any bonding plans this year. Um which is why this won't impact what the city plans to do. Um, and finally, this uh, Breck will be paying all the costs of the bond issue and will be paying an administrative fee of the city and also the bonds will not impact the city's credit rating. And I'm happy to answer any questions that you may have. There's also some representatives from Brex. Thank you very much. Any council, any questions regarding this for our the attorney? Your last name is is escaped me. Apologize. >> Okay. Not seeing any. Council member Rome. Go ahead. >> Yeah. Um actually not for you. Can we ask staff at this time as well or are we holding that? >> No. If we don't have any questions for council, then go ahead and take a seat. And if you have we may have you back up, but um go ahead get council member Romey with general questions. Thank you. Um so Um, how how often have we done this for other um entities outside of Minnetonka? >> Um, mayor. >> Yeah. And council member, I don't have that number off the top of my head. I can certainly find that for you at some point, but I mean, I would say every so often, maybe every couple of years, we do something outside the city. Um, sometimes we have projects too that have ownership in other cities, including Minnetonka. It just depends on the situation. So, I can think of a few situations that have that. >> And then I guess what would happen for some reason, unforeseen reason, that um Breck was unable to uh make the financing payments on this bond. Miss Wishnack. >> Uh thank you, Mayor Shack and Council Member Romey. Um I that's actually a good attorney question, so I I want to make sure she technically answers it right. It is not the general obligation of Minnetonka, but I want to be more technical in the way I respond to your question. So, hold on uh to that thought. If you have other questions for me, I would take them. But as Gina comes back up, >> Tom actually did one. Um what is our administrative fee? I I guess what I'm trying to get at is what what what benefit is this for the taxpayers of Minnetonka? >> Uh mayor, thank you. And council member, um in this transaction is about $95,000. So, it's a percentage of the um bond total bond issuance. Um there is a policy in your policy book under 2.5 if you have any um kind of generalized questions about the city's stance on you know whether or not to issue these that does provide a little bit of guidance to the council if you um are in need of that. I think I answered. >> I'm not I'm not questioning whether we can. No, it was just >> Yeah, just trying to understand the conditions of this particular one and what benefits it's going to bring hopefully um to the city. Happy to support educational institutions even if private. Um and uh but you know would want to see there be some benefit to uh taxpayers in Minnetonka for that um to compensate for staff time and administration fees and you know basically our our creditworthiness. I'm assuming that's one of the reasons that this bond is being issued. Um, uh, because we do have a a high credit rating and also it's also because it's refinancing a previous bond. But I'll wait to hear from the attorney on this. So that the question we're coming back to you for is what happens if there is a default. >> Sure. Um, mayor, members of the council, first I just want to talk briefly about the credit rating. So the credit rating here is not based at all on the city's credit rating and it doesn't impact the city's credit rating at all. So the conduit bond market, this is a conduit bond. I think um the rating agencies understand the way those work and that they're a pass through. The city of the pass through has no obligation and the rating agencies base their ratings without without considering that for the city's debt. Um if there's a a default in this situation, uh the bonds are secured by a letter of credit from US Bank. So um the the first recourse would be to uh draw on that letter of credit. Um and I I should add to that um you know whenever there if there is any situation where that letter of credit for whatever doesn't work um you know Breck has the sole obligation to repay the debt um the bonds are being sold to investors that are accredited investors and qualified institutional buyers that understand and are representing that they understand the nature of conduit bonds and that it's not the city's u the city has no obligation to repay them. >> Thank you. >> Thank you council. Any question? Any other questions? Okay, this is a public hearing, so I'll open the public hearing and I'll invite any members of the public who would like to speak on this item to come up now. Anybody? Last call. All right, I'll close the public hearing and bring it back to council for any comments or a motion on this uh item. Council member Calvert. >> Thank you, Mayor. Um, I had talked to Miss Domen earlier today about some of the questions that council member Romey asked and um, in 2012, Minnotonka and St. Louis Park both issued bonds for previous improvements to Breck. In 2020, the city of Deep Haven issued conduit revenue bonds for Eagle Ridge Academy. Um, and of course we've done conduit bonds for things like um the Chase on Nine Mile Creek, Cedar Hills, Legends of Minnotonka, and the preserve at um Shady Oak. But um I'd specifically asked, you know, if it was something that um is common for a city to um issue uh con uh approved conduit bonding for um entities outside of the city and it's a fair it sounds like it's a fairly um common practice. So, uh, we're getting, as I understand it, at $95, $96,000 to administer the bond. So, there's certainly no loss. I think at worst it's a wash and at best we make a little um administrative money um on administering the bonds and um you know, it's hard to get it's hard to get uh this kind of funding um if you're not a government entity. So, um, anyway, happy to do it. It's a great school. Um, and it I'll just wait. I I'd be happy to make a motion unless other people have comments to make. Any other comments? I'll just briefly say, you know, I think when I I I read this and I I've recalled these instances where you scratch your head a little bit and say, "What's our connection to this?" But when I really zoom out and think about just being a we all live in community with one another that you know who doesn't know boundaries and I'm c certain we have plenty of I know we do plenty of students who go to bre school in our community and I feel like this is a um one without a issue without risk and also it's just a stewardship issue in my opinion to keep our community operating and and giving people the opportunities and resources that they wish for. So with that, Council Member Calbert, do you want to make that motion? >> Thank you, mayor. I'll make the motion to adopt the resolution authorizing the issuance of conduit revenue bonds for Breck School. >> And council member Foster Bolton, >> I'll second. >> I have a motion by council member Calvert, a second by council member Foster Bolton. Miss Larson, would you please call roll? >> Wilbert. >> Yes. Calbertt, >> yes. >> Raley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. >> Shaq, >> yes. Motion carries. Thank you and good luck with your projects. It must be pretty robust. All right. Uh, moving on to our final public hearing, which is a which is a fun one. Item 13C, and this means it's going to be summer. temporary on sale liquor license for the Rotary Club of Minnitonka Foundation for an outdoor event at 14600 Minnetonka Boulevard. Miss Wishnack. Thank you again, Mayor uh and council members. Just a short uh report here. This is the annual license that they've been asking for for a number of years now. This is in conjunction with the city sponsored event called Summerfest. It is uh again on June 27th. It's a Saturday here on the city campus. Um they do use our license plate or license, excuse me, license reader uh to ensure everybody who's 21 and older are carded um or to make sure they're 21 and older when they're carded. And uh we have not had any issues in the past. So we are recommending approval and of the temporary license to Rotary. Thank you, Mayor. Thank you, Miss Wishnack. Before we open the public hearing, council, any questions? None. I'll open the public hearing and I'll invite the applicant to come on up and tell us about um the request. >> Thank you, mayor, and uh council members. Uh my name is Chris Rosenland. I'm representing the uh Menitaka Rotary Club this evening uh before you. Uh I reside at 8672 Meadow Drive in Eden Prairie. Um, and we're here to support uh our application for the uh Summerfest event. We're looking very much forward to it. We got a little bit of a taste of uh uh summer the la uh what Friday and Saturday. So, you know, it's we're looking forward to having a great event. Um the Minnetonka Rotary Club is the club for building responsible youth, which we saw here today. That was very encouraging and and uh and humbling. Uh and we're also the club that's more fun than you want it to be. And uh we meet right up the the street every Wednesday morning 7:30 a.m. uh at the marsh and we always have great speakers and uh we welcome anyone who's interested to come and and check out Rotary if you have any interest in what we do locally and internationally. Uh all are invited to attend. It's always a great morning. Great way to start Wednesday morning. Uh we're pleased to support the Summerfest event again this year, providing fresh, cold, and mostly locally sourced libations to the festival crowd. Um 100% of the net revenue that we generate uh from the sales of beverages goes directly back into the community in the form of grants to organizations such as ICA food shelf, lift garage, the Y camp Christmas tree, can do kines, uh senior serve program at Minnitankka High School, adult options, and special Olympics just to name a few. And then we also provide scholarships at Hopkins in Minnitonka High School. and uh I'd be happy to take any questions about our club, its activities, and or our application, and we'd appreciate your approval of uh of our application. I thank you for your consideration. >> Thank you, Mr. Rosland. Council, any questions for Mr. Rosland? >> I don't see any. That's a good sign. All right. >> Very good. >> I'll Thank you. Um is there anybody else that would like to speak on this matter? Anybody? Not seeing any. I will close the public hearing and council. Any comments on this? Council member Kelbert. Thank you, Mayor. I'm very sad that I will not be at Summerfest this year, but it's for a great reason because my son is getting married that weekend, so I will be out of town. But, um, I just wish you well. I know, um, I am not a Rotary member, but I know Rotary does great work, not just here, but around the world. and I know that it is more fun than you want it to be. So, please please support Rotary, come to our summerfest and um you'll be uh creating community and contributing to a great cause. Thank you. I'll just uh before calling for a motion, I'll just say, you know, I'm a member of the Minnotonka Rotary and very much enjoy it and and reiterate what Mr. Rosland said. We welcome guests. It is early, but it's a good way to start your day. Definitely start your day with a smile or a a a little tear because of a warm-hearted story. So, um but we will hope for warm, sunny weather so we can make sell a lot of beer and make a lot of money. Um council, I would take a motion on this item. Council member Maxwell. Um, I'll make a motion to grant the temporary on sale liquor license to the Rotary Club of Minnitonka Foundation >> and Council Member Rome. Second. I have a motion by Council Member Maxwell, a second by Council Member Romey. Uh, Miss Larson, please call roll. >> Wilurn, >> yes. >> Calbert, >> yes. Rome, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. >> Shaq, >> yes. Motion carries, and we'll see you all there. I'll be there serving beer, I'm sure. Thanks, Mr. Rosen. All right, that is it for our public hearings. Moving on to item 14, other business. 14A, conditional use permit and site and building plan review for an athletic dome with two attached buildings at the Hopkins High School campus at 10700 Cedar Lake Road. Uh, Miss Thomas, is this you? >> Yes, thanks. Uh, Mayor Shaq and council members, this evening, staff is recommending that the council adopt the resolution uh approving this project. As I'm sure you all know, and I apologize for the fuzzy aerial there, uh, the Hopkins campus here actually includes three school buildings. Tanglin Elementary, Hopkins North, uh, Junior High, and then Hopkins High School. All of uh this area is bound by about 86 uh acres. There's a variety of existing athletic fields throughout the campus site, some of which are natural turf and some of which are artificial. Also support buildings for all of those um athletic fields. The school district is proposing to add a seasonal athletic dome generally October through April um over an existing artificially turfed uh field. It's uh highlighted there in the dash line uh just south of the football and soccer stadium. There would also be a uh support building on either side of this dome. Uh the east side would include janitorial space and bathrooms while the west side would be just a storage building. Actually the building that would store the dome uh when it's deflated uh during the off season. The dome itself would be 67 ft at its highest point whereas those uh support buildings would be about uh 20 ft. Uh these two photos are are uh the general area of the dome looking southwest uh from the school. So you can see that existing artificially turfed field with the um water tower beyond and then a rendering of what the dome would look like when inflated. A few more renderings uh provided uh by the applicant again of the existing turfed field. the support uh buildings uh on either side. And this finally is a rendering that was provided at the planning commission meeting. I'll try to explain it. Um the red dashed line shows uh where an elevation drawing is taken from. This is to intended to represent that the houses that you see here, you would also see here those houses are situated uh 20 to 34 ft above the grade of the dome itself. Um so the dome would sit much lower than those existing uh homes. The proposal does require a conditional use permit as well as approval of final site and building plans. I would note that this um dome project was actually approved back in the early 2000s. I had to dig out my old staff report from back then. Uh the field was built, but the dome was never uh erected. And so that uh approval from uh 20 plus years ago has expired, which is why we're here this evening. Staff does support um the proposal uh first because it would meet all conditional use permit and site and building plan standards. it meets all of our engineering and natural resources standards. We further think that it's really consistent with the various athletic uses um that are on the site. As I pointed out, it would be well over 200 ft from the closest residential structure and would sit lower uh than that structure. Then that 200 foot separation um aside from grade, there's a lot of existing vegetation uh in that area. And then finally, those support buildings would be similar in material and architectural style to other buildings uh on the site. So with that, uh Mayor Shack, we do recommend that the council approve these projects and I would turn it back to you. >> Thank you very much, Miss Thomas. Council, any questions? Council member Calbertt. >> Thank you, uh, Mayor. I actually don't know if this is for staff, but where are you know, this is a seasonal structure. They're going to apparently remove the dome um in when the weather's nice. Where do you where are they going to put it? >> Miss Thomas, you have that answer. Uh, Mayor Shaq and uh, Commissioner Calvert, I did uh, confirm with Drew uh, Inglesson, who was the project planner here, who also then confirmed with the school district once it's deflated, the dome is actually the the I'm going to call it fabric. I don't know what else to call it. Um, is all placed inside this storage building that would be built on the west side. All right, any other questions, council? So, the public hearing on this item happened at the planning commission, but I would invite the applicant to come up if there's anything that you want to share on this item, and just provide us with your name and address, please. Mayor Shack, if I may, I apologize. I neglected to tell you what happened at the planning commission meeting, even though it's in my notes. So, if I I might. Uh we did have two uh area residents who attended the planning commission meeting. They were uh specifically had questions about the noise uh not the visual but the noise that might be generated by the dome and the mechanicals associated with that. Um we understand and actually would require that any mechanicals meet all of the PCA standards as we do for any uh structure in our community. and those mechanicals would be fenced further dampening noise and then again we have that 200 ft separation. So the planning commission did uh recommend approval of this project. I apologize for not including that earlier. >> Great. Thank you. All right. Go ahead, >> mayor and council. Thank you uh for uh looking at this project this evening. My name is John Weter. I'm the director of information services at Hopkins Public Schools. Our address is 101 Highway 7 in Hopkins. Um, as you can see before you this evening, this is the first project that we are before you out of our voter approved referendum this past fall. Um, uh, with the dome, we're able to move a little bit faster, uh, with planning and construction than many of our other projects which are in the design phase right now with our students and staff. So, uh, I stand ready as well as our construction partners, uh, for any questions you might have this evening. Otherwise, um we've already uh seen some of the pictures and renderings that we plan for the evening. >> Excellent. Thank you. Thanks for coming, council. Any questions for the applicant? Okay. Well, I I don't think we have any. We'll call you back up if we do. So, appreciate it. Thank you. >> All right, council. This is up to us. Any questions or comment or excuse me, comments about this as we consider pretty straightforward. Um although so I council member Calvert. >> Yeah, I was just going to say I think it's pretty straightforward. I mean this is school property. This is a need that the school has to have sort of all season fields. Um and it's there's not that much school property for a high school to put something like this um to add it. So I'm happy to, you know, I think they're well within their rights to to add it. It seems to meet um all specifications, requirements, and um the only thing is I just want to make sure that if the neighbors are having trouble with noise that there's some kind of recourse for them, but other than that, I think it's pretty straightforward. Great. All right. Well, council, I would take a motion on this. Council member Kley. Thank you, Mayor. So, I make the motion to approve the conditional use permit and site building plan view for um an athletic dome with two attached buildings at Hopkins High School campus at 1070 0 Cedar Lake Road. All right. And I saw your hand pop up right after council member Romey. >> I'll second. I have a motion by council member Kley, a second by council member Romey. Miss Larson, please call roll. >> Wilbertton, >> yes. >> Calbert, >> yes. >> Romeley, >> yes. >> Kley, >> yes. Foster Bolton, >> yes. >> Maxwell, >> yes. >> Shaq, >> yes. Motion carries. Good luck with the project and to the projects to come. All right, moving on to item 14B, which is a concept plan review for the Regal Regginald Regginald Regginald um properties at 4512 Wilson Road, 4550 Willist Road, 14901 Highway 7, and two unadressed properties. Miss Thomas. Uh thank you mayor and and council members. Uh FBC Holdings on behalf of the regional property owners uh has submitted this concept plan to redevelop uh what is five lots totaling about 2.8 acres uh in the southwest corner of the Williston Road Highway 7 intersection. The properties are uh currently zoned R1 and they're guided lowdensity residential. The concept plan uh contemplates removal of three existing uh homes and then construction of three multi-unit uh town home buildings. Each building would contain three to four uh town homes. So about 11 units. Uh in this design, the new neighborhood would access via a street off of Williston Road just north of Lloyd's Lane. Under this concept, FBC did hold a neighborhood meeting about two weeks ago to present the concept to residents and property owners. It was very well attended. We had about 21 uh people who uh came, asked some questions, and raised concerns primarily related to traffic density and then just general construction uh impacts. The planning commission uh reviewed the concept and provided feedback at their April 30th meeting. In general, um the planning commission thought that the density may be acceptable in this area, but it may also need to be reduced depending on compliance with setbacks and tree ordinance and steep slope ordinance and those kind of natural components of this site. They did like the preservation of the wooded area um on the west side of the site, but expressed concerns about access given the existing conditions at the Williston um Highway 7 intersection. Here's a rendering of a potential um facade treatment for those buildings. Just as a reminder, uh, because we don't have concept plans very often, uh, the purpose really is to give the commission and the council an opportunity to identify for a developer, uh, for city staff things that they see as positive components of a concept plan, um, or things that they might be concerned about or issues to consider moving forward. As you know, neither staff nor the developer has answers to specific questions because those details necessary to answer those questions really come when an applicant decides to put together um detailed engineering plans. Um so again, time for you to give information to staff and the developer. Sometimes I tell the planning commission, think of this as reverse jeopardy. instead of asking a question, um phrase your your comment. So, if you're concerned about um uh say guest parking, use that as a comment. Um we're not sure where guest parking would go, so we can't answer that question. So, with that in mind, uh this evening staff and the development group again are seeking your general feedback and then considering some answers, your answers uh to the following questions. Is there merit in the concept to continue on? If yes, what do you like about the concept? If no, what might make a concept uh better for you? And so, I would turn it back to the mayor. Thank you, Miss Thomas. And um council, any questions at this point for staff? I have one question and I I'm going to throw it out there. It's probably for Mr. for Manchester. But you know, obviously this isn't the proposed or the suggested entrance is not on the state highway, but it the proximity to the highway. Is this something that the state would weigh in on? >> Uh, Council Member Shaq or excuse me, Mayor Shaq and council members. Um, you know, it's something we'd certainly run by them. The spacing isn't ideal. um you know mostly adjacent to Lloyd's but it's something we'd have to do a traffic study on to take a look at further. >> Thank you. Thank you. That's helpful. Council member Calvert. So, I'm I'm looking at the drive and uh there's, you know, there's not a great place to turn around for emergency vehicles. And so, uh, you know, I'm kind of wondering about that. Um, and um, I'm wondering if staff could also speak to, you know, I concur with the concerns that um, planning commission expressed about the proximity of the access and egress to Lloyd's Drive and um, especially because there's the turnoff from Highway 7 right there as well. It's just very close together. So, what would be involved um I mean what kind of discussions would there be about um moving it or who would be involved in making decisions about the access and egress of to get into the development? Miss Thomas, >> uh, Mayor Shack and Council Member Calvert, in general, uh, when a development proposal comes before us, whether it's, um, someone just thinking about moving forward from concept plan or an actual development proposal, the city would engage a traffic consultant to do a review of the project. And I think that um city staff, our engineering group, our planning group, we work very closely with uh two or three firms uh in the city and really look to them uh they they seek our opinions but we look to them as the experts to tell us specifically is the intersection this whole area working right now? um what impact would this specific location as proposed by the developer have on the functionality of that intersection and um what would be required whether it's from an intersection perspective to make the development work or from the development's perspective to not impact um and so it's a kind of a a collaboration I would say between the city's consultants and then city staff as professionals providing feedback back um to the applicants. >> Great. Thank you. >> And Commissioner or excuse me, Council Member Calvert, uh I am taking uh notes here and I I did write down the concern about um turnaround for emergency vehicles. >> Okay. Uh Council Member Wilburn, >> um do we know if the plan for these units would be uh to be rental properties or owner occupied? Miss Thomas, >> uh, Mayor Shaq, I believe rental, but I I do not know it at this time, and the applicant may have some feedback there. >> Any other questions? Okay. Um, I did actually had one other question. This given the the number of units, multi-unit would fall under requirement for the affordable housing policy. Is that right, >> Mayor? That's right. If it's over 10 or over, yes, it does uh fall into the housing policy. Great. All right. Okay. So, we're going to have the invite the developer to come up. I am going to remind people and I'm looking right at you know we we refined our concept plan review process about a year and a half two years ago and that information was included in the packet and just a reminder that you know at the planning commission level the public is welcome to attend and the and that is where we receive public comment on concept plan reviews and as noted here the public's welcome to attend at the council the council meeting but no public comment will be taken and so um that's just our policy and we have to stick with it because if we deviate from it, we will get in trouble next time. So, um we do pay close attention to what happens at the planning commission level and we pay read read emails and comments and and all of that. So this is so you've if you wanted to speak but you can't tonight I want to assure you you've been heard and you we certainly all check our emails and we'll receive feedback that way as well. All right so if the developer wants to come up I would invite you to do so. Mayor Shack, council members, my name is Chris Paulus. I'm with FBC Holdings, 14451 Highway 7 in Minnitonka. Um, I've got I jotted down some might have some answers for some of the questions. Um, I'll start with that emergency vehicle turnaround and do I have a pointer here or Oh, here it is. >> Um, I don't see the cursor anywhere. Okay. Um, at the end of this road, rather than a round culde-sac, what's being proposed here is a hammerhead culde-sac, if you can see where that cursor is. Um, it's designed to give adequate turnaround space. But point well taken. If if it's if a a circular culde-sac is something that the city would like to see, I think that can be designed in here. This was kind of the first take of it. It creates less hard cover but gives the same turning turning function. Um, as far as the site access goes for for um what we decided seemed like the natural place to have this access is is where we're proposing it. Um, as far away from Highway 7 as possible and not right up against Lloyd's Drive. Um, purposely that's where we've put it. It's right where I'd say I guess it's the main access for the existing house which sits right about here. Um it also will eliminate two other accesses on Willist Road and then it would be eliminating the access. There's currently an access on Highway 7, but that access is only for eastbound traffic. So that makes kind of a interesting and kind of a safety concern to have that access direct to 7. Um, couple other things I could highlight that this is primarily the portion of the property that's undeveloped right now and we're proposing to leave that as a tree preservation area. Um, which is why you see the development mainly in the area where the existing housing is today. And that's that was kind of one of the one of the thoughts and one of the goals behind it is so that from the outside looking in it looks really similar to what is existing there because there is a lot of uh tree substantial trees along that corridor right there of Highway 7 and we don't want to be adjusting that at least from a uh visual perspective. Um owner versus owner occupied versus rental. What we're proposing is that these are owner occupied units that they would they would sell on the market. Um that's what we're proposing. I don't know if if rental would be an option there or not. If um let's see that's yeah that's all I have to answer those questions. If you had any other questions for me I might be able to answer them but otherwise I'm here to listen to comments. >> Right. Anything else you want us to know? Um, no. I think um Susan did a great job of presenting the concept and yeah, this >> we'll take a seat and if we have any more questions, we'll invite you back up, but we'll probably just be providing our it council member Romey, did you have a question? >> Uh, just two. Um, first of all, are you own the other two houses that are still going to continue to exist? Are the that's part of the parcel that you or now? Um >> the ones >> these these right here >> you do not >> I do not do not >> that answers my question because I was gonna uh ask about potential access on deoid which was brought up you know in the planning commission. Yeah. >> And if you looked at that, looks like you have a a holding pond, a infiltration pond plan for the corner >> um >> the east the corner slide. Yeah. On the other slide, I think. Yeah. >> Shows that. Yeah, that's kind of the first step. Okay. >> In any development is finding those spots for the storm water. >> Okay. And so that would include probably any access. >> There's one here. There's one here that would kind of limit any natural access to Lloyd's drive from there. >> Got it. Got it. Um All right. Thank you. And and do you anticipate this will be an HOA? >> Yes. Yep. Private private drive. HOA. So there wouldn't be any um city funds that were are used to maintain this drive or anything like that. This would all be maintained through the HOA for plowing or anything, snow removal, that kind of stuff. >> Excellent. Thank you. >> Yep. Council, anybody else have any questions for developer? >> Okay, not seeing any. Thank you very much. >> Thank you. >> Okay, so council, it's up to us to give feedback about this plan, identify, as Miss Thomas indicated, any concerns or com questions that we might have that we would want to address should an application come forward. So, who would like to start? Council member Calvert. Thank you, mayor. Um, I think we've mentioned uh most of the comments. First of all, I want to say that I appreciate how and and this was reflected in the um planning commission comments as well, situating the development to the east and uh protecting the forested area to the west. um at least for the time being. I think um I'm sure the neighbors would really appreciate it and just trying to um protect the tree line for a buffer along um Highway 7. We we have kind of an infamous development that was uh it used to be a single family home and it we developed a culde-sac. I think I was on the planning commission when we did it and I had talked about tree buffer and a burm because it was extremely loud and they actually got rid of all the trees and every time uh you drive at the um uh intersection of Highway 7 and 394 um or 494. it is um the the back view of homes that didn't used to be there with absolutely no buffer whatsoever. So, I really appreciate the tree buffer. Um I am extremely concerned about the access and egress um because of its proximity mostly to Lloyd's Drive. it just seems like a high conflict area. Um, and so I'd be anxious to hear from the traffic consultant about that. And then, you know, working with our, um, partners to make sure that, you know, with the state and so on and so forth to make sure that access and egress into the development was safe. Um, I actually like it that it would be owner occupied. I'm also excited that it would meet our affordable housing policy, so we could get a an at least one affordable unit, if not more. And um I I mean I'm not a big fan of the sort of farmhouse style, which this is, but um they do look relatively homey and it is um to have owner occupied sort of town home style condos is some is a housing type that we don't have enough of here. So that's also potentially very exciting. Um, and uh, you know, I I we have several environmentalists on this council and I know that we'd be looking for, you know, protections for the trees, um, uh, energy conservation, any kind of opportunity for um, renewable energy opportunities, um, EV charging, etc., etc. if if it's if it can be managed. And um but I do think that there's uh definitely merit to this concept. Um I think we'd have to see that I think the proof is in the pudding how many um units would actually fit there, but conceptually it looks like it would fit there. And um and I think I've mentioned uh the things that I know of that would make the concept better and just making sure that there's adequate snow storage. um a good way for um you know delivery services to get in and out and and once again mostly being the wife of a retired uh firefighter emergency manager just making sure that um uh I'm I'm not I don't necessarily think we need a culde-sac I just want to make sure that the um turnaround for emergency vehicles um is adequate for emergencies Thank you. Uh, who would council member Foster Bolton? >> Um, I I think that this has merit as well. Um, I'm and I am worried about it's more than 10 houses or 10 dwellings for our affordability policy, but that could easily change. And I I worry about that that you know um cuz we've been burned before. And so I, you know, I I would like a a bigger commitment about affordability here. Uh I mean, and all the other concerns, traffic, um and sometimes I I I also think that, you know, it was mentioned in the planning commission meeting that more housing can be, you know, make more affordable housing, but we know that's not necessarily true. Um, so, so, so I think it's great. I mean, I I think that it looks really good and I like the whole idea of saving trees, but but, um, to make it it better, one of the questions would be for for me to be more supportive of this would have a bigger commitment to both saving the trees and um, affordability along with traffic and all that stuff, too. Council member Wilburn, >> I'll just really quickly as one of the environmentalists, I'll um echo what uh Council Member Calvert said um and that we, you know, whatever sustainable practices we can see in the construction of these buildings. Um, and I'll just throw in uh a solar or solar ready ready uh uh as as one of the things to consider when with construction. So, >> thank you, Council Member Maxwell. >> And my biggest concern with this one is the the entrance exit on Willist Road. That's already a difficult access. We I go east on this to get to and from our orthodontist and it's difficult sometimes even just turning right onto Williston Road there. So trying to take a left there I I just see that being an issue. So I'm I like the idea of density here. I wouldn't mind pushing the buildings even closer to connecting them and making one L-shaped building say to increase the density in the the eastern portion of that site. Um, but I'm I'm hesitant to say I'm supportive of it without understanding that traffic implications. I'm really worried about and you heard earlier about my sensitivity right now to traffic safety. Um, so that's for me the the really the um the biggest concern. >> Thank you, Council Member Rome. >> Thank you. I agree with everything that's already uh been said. Uh especially the, you know, kind of traffic situation. And if we could solve for that, that would be huge by somehow, don't know how, getting an access point on Lloyd's Drive as opposed to um Williston. That would be a huge plus, I think, for for most of us here. Um I actually I I agree. I love the idea of a density. Um, we need more attainable housing, you know, which means more housing at various price points that are attainable to young families and professionals. Not sure what the price point is. I know we can't bake that in at this level, but if we do have the affordable housing policy as part of this and it's I believe we do. Uh, then hopefully at least we get one or at least one unit of that here. Um, you know, I'm gonna kind of go out on a limb like if we didn't have the traffic issue for me. Um, I think town houses are better than single family homes. Obviously, for the density, this area makes a lot of sense for density because it's on a high traffic, you know, a transit route and especi potentially in the future. It could be, you know, BRT or other things like that. Um, I would even, you know, love to see, and we're not there at this point in our zoning, something like a marsh run three, um, which would be, you know, kind of a 40-unit booth building there with parking underneath on the first level. Um, that would be, you know, people are against density, but by having that kind of density, we preserve green space. We get more housing in, more, you know, young professionals and families who are able to afford to live in a a place like that. We have parking underneath, preserve more green space, less permeable. Um, and then in terms of the So, you know, just food for thought, don't know, you know, know it's not part of your concept plan now, and there's other issues with that in terms of our current zoning and comp plan um density for that area, but um I think this would be a if the traffic flow could be solved, um this would be a really great location for that um in my view. And then lastly, in terms of environmental concerns, solar ready roofs I think would be ideal um because they don't c, you know, when you're doing it at the build stage, it doesn't add that much more per unit at this point. Around 2,000, I think per unit, probably less on a connected uh development like this. Similarly, um permeable asphalt or concrete for the driveways, which I know adds about 20%, but a lot of that is your dig. So trying to get a deep enough base um to allow uh permeability. Um so I am assuming um that's usually for a retrofit. So for a new build I'm assuming it would be less. So I'd love to you know see you explore that. Again can't mandate that but would love to see it. And that's it for my comments. >> Thank you Council Member Kley. >> Thank you Mayor. So my biggest concern is um making sure that we do have the affordability. Um one of the things for me um it's kind of really hard to um make a lot of comments but um I think um the town home style um housing is always good um because it does give us a different type of housing. U Minnotonka do need to diversify it its housing and this is doing this in this area. Um, you know, coming off of Willist Road, I don't know how that's going to work. Um, Williston Road is, you know, um, not an easy road to come off of. Um, I live in that area and, um, yeah. So, that's one of the concerns. And then just um, what I've seen in the past like we'll have someone present an idea and it changes so much. And so my concern, how much is it going to change? Is it going to really be what it what you know is being presented? Um, and so I mean to me really we can't really make a hard concrete decision or really make a lot of comments until we actually get something that's really presented. And because it changes too much. I mean, I don't know. I've been on the council now for a while and you'll get one idea presented and it's a whole another total different idea once it comes back and far as the affordability. Um, one of what Paty had said, council member Paty said earlier, it's like making sure that we really do get the affordability um, for housing because that's that's really a main sticking point for me. So, it's pretty Thank you. >> Great. Thank you. Well, I I think a lot of what if you can make a brief, council member. >> Yeah, I forgot one thing because the aesthetics um council member uh Calbertt said something about, you know, not being a big fan of the farmhouse style. I I don't care about that as much, but the garage forward isn't my that's probably what I'm not a fan on if we're getting into personal aesthetics. And the other thing is having come from another or having lived in another part of the country, can we see some color please in Minnetonka? Oh my god. You know, in the winter, you know, in the winter and especially when you have like a lot of these units like this kind of some differentiation through some creative color. So, you know, in the winter we're not just seeing, you know, you go to other parts in the country where there's snow or Canada or Quebec or, you know, lots of other winter climates where there's color. I would love to see that in my home state. Thank you. All right. Um, you know, I don't have a lot to add. I think I obviously the the traffic um entrance issue is probably top of mind for everybody. Um, having had, you know, the some bad traffic interactions in that area recently, um, we know that it can be very dangerous. So we'll the experts will cover that. I I'm not sure this is the ideal arrangement, but maybe there are opportunities to make something that works. I feel very strongly that this housing type is is much needed in our community. And if when we think conceptually about what what we want to see for zoning, this is the type of area that we talk about being the place where, you know, slightly higher density is appropriate and while maintaining the buffers and a lot of the natural features and it's really uh that's what I like. I like the compression of the buildings on the site and then the preservation of much of the the wooded area. So that is that is a highlight. I'm not and we all have our preferences over aesthetics. I'm not too focused on that. I think the market in many ways, you know, drives that issue. Um and I know that the finances are always a challenge. And any amount of affordability that shows up in a project like this is paid for by the other properties. I mean, that's just kind of how the math works. So, I don't want to put too much pressure on. I want to make sure that we can meet our policy. Um, but unless, you know, we've got an interest in participating, we might not get much beyond that. Um, so I I trust the professionals as far as how act how what is necessary for the purposes of the um emergency vehicles. Although I do wonder a little bit about guest parking. I think Miss Thomas indicated that. Um, so those are the things that came to mind for me, but I thought really good feedback came from the planning commission. And I also think that um, my colleagues up here tonight had good comments. So, Miss Thomas, do you have what you need from us tonight? Excellent. Great. Well, we will move on. Thank you and good luck as you look to bring this to more uh, clarity. All right. Item 14 C, conditional use permit for the construction of a garage with a second story accessory dwelling unit and rear yard setback variance at 13131 Minnitanka Drive. Miss Thomas, >> thank you again, uh, Mayor Shaq and and council members. Um, city staff is recommending denial of this request of the CUP and the setback variance. As I'll note later in my presentation, the planning commission has a slightly different uh recommendation uh for the council. The property, as you know, is located in the Minnitonka Mills uh area. It's roughly 0.9, specifically 88 acres in size and contains a home that was constructed back in 1890. The applicant indicates that that home has about 3,245 square ft uh of of livable area. There's also a detached two stall garage and a shed uh both built after that 1890 date. The applicant is proposing to tear down that existing uh garage structure and uh build a new three-stall garage with uh an accessory dwelling unit above it. The proposal, as the mayor noted, requires a conditional use permit. Also requires for essentially a council allowance for an ADU over uh 1,000 square ft in size. I would point out that a conditional use permit is required for any accessory structure over a thousand square feet in size regardless of the use uh of that structure. Here is a depiction of the existing uh structures on the property. The green square um on this diagram north is on the left hand side. The green square is the current uh garage structure and uh the red area or pinkish area is the proposed structure. The full um accessory structure would be 1,874 square ft in size. Um, if we were to exclude two stalls of the proposed structure, meaning there's two stall garage there. Now, if we were to exclude that from the calculation of the ADU, the ADU would be 1,298 square ft. That's the floor area of the second story as well as the uh stairs to get there and one stall of that three stall garage. In both cases, regardless of uh calculation, um the ADU would be above the 1,00 square feet uh that's outlined in code. This proposal also requires a setback variance from what is the east property line from uh the required 17.5 ft, which equals the height of the building uh to 15 ft, which is where it is uh proposed. In the opinion of staff, the design of the structure is lovely. It is keeping with the historical character of uh the existing home, which is also uh lovely. However, we find that the size of the structure is really inconsistent with the ordinance's intent, which is that accessory structures uh be clearly secondary or accessory to primary structures in both uh size and function. and staff. As you know, we've we've consistently recommended uh denial of accessory structures um that exceed that um accessory uh type um whether or not they're being used for ADUs or just large um storage structures. Further, we find that there's not a unique circumstance to justify the variance. there's ample room to um relocate the garage further to the east 2 and 1/2 ft to the east and meet the required uh setback. So staff does recommend a denial of the project. The planning commission considered this at their April um 30th meeting and the majority had a different opinion uh than city staff. The majority of commissioners found that the Minnitonka Mills neighborhood and the housing options within that neighborhood are changing, particularly with the um coming up construction of uh the twin homes on the Mills Church property, now the Habitat for Humanity property. given that they believe that this ADU, this accessory structure would not have an adverse impact on the neighborhood despite its square footage. So on a 3-2 vote, the planning commission recommended that the council approve the conditional use permit, meaning approve the structure, its size, and its use, but deny the setback variances. In other words, require them to move the garage and accessory dwelling unit to the required 17 1/2 ft setback. So this evening, regardless of which uh recommendation um the council would like to go with the staff recommendation or the planning commission recommendation, four votes are required. I would note it that if the council would like to approve the project as is presented uh by the applicant, so the CUP and the variance that does require five votes. We did not prepare that specific resolution. So um if there if there's uh five vote consensus, you can certainly direct staff to come back with that what I'll call the all-in approval, the CUP and the variance. I hope that makes sense. I'll I'll turn it back to uh the mayor. >> Thank you, Miss Thomas. Council questions. Council member Foster Bolton. >> Yeah, and I wish I would have written this down where I found it, where I saw it, but somewhere I read it's that it was even considering quote alternative calculations to reduce the amount of space that would be calculated for the total area. What does that mean? Miss Thomas, >> uh, mayor and and commissioner or excuse me, council member Foster Bolton. Um, staff calculated this accessory dwelling unit a variety of ways. We we calculated the whole building, which you're seeing in the um first column. Then we thought to ourselves, well, they they already have a twostall garage. It's the only garage for the property. There's not an attached garage. So maybe we should exclude that because um that's serving the primary residents. So then we calculated in the um the second column shows a different calculation um taking out those two stalls and just giving the accessory dwelling unit um one stall of that three stall garage. So those were the the two ways um that we calculated it. I believe the applicant um has also um noted at the planning commission meeting that from a architectural perspective if there's not a certain clearance height um the building code doesn't necessarily call that square footage um from a planning and zoning perspective and the way we calculate things for zoning um we include the the floor area um regardless of whether a five- foot person like me can stand in that area or a seven foot person can stand in that area. So, there was a lot of different calculations um rolling around. Great. Thank you, council. Are there questions? Okay. I'd invite the applicant to come on up if you'd like and tell us what you'd like us to know. Give us your name and address as well, please. Thank you. Great. Thank you, mayor and council members. Good evening. My name is Andy Madson, the owner of the property along with my wife, Elizabeth. I think it's worth going into, but there's a lot of history with this property. Built in 1892, this is the second oldest standing structure in the Minnotonka Mills area other than the structures on the Burwell property. We consider our family of seven proud stewards of this historic home. We bought the property we bought the home in 2014 from only the second owner of the home, the offspring of the Quam family who were pillars in the Minnitankka Mills area for generations. The house was being advertised as a tear down opportunity by the realtors, but we always intended to build it back up. And we've been on a mission to do this now for over a decade. And we love telling guests about the history of Minnitankka Mills. Our favorite piece of history is that Mat Minnesota's Governor Ramsay in 1852 overlooked the water from Steven's Shack on this property and named it Lake Minnotonka. It's amazing that the lake used to extend as far east as Minnitankka Mills before it was dam damned up at Graves Bay. We have a close-knit family and have always had the dream of utilizing our generoussized lot to be home to more of our family as facilitating facilitating community and multi-generational living are aspirations that we've had. We looked into the possibility of splitting our lot to achieve this dream to be able to sell to family with 0.9 acres. We're 0.1 acres short of that magic number to lots split. lot split would make sense with our 300 feet of street frontage and the higher than normal density of our R1 neighborhood with three lots directly across Elm Lane that are a quarter acre each as well as the recently approved Mills Church Habitat for Humanity project being built at a density of four units per acre. But we chose not to pursue that path as the relatively new ADU concept would also fulfill this dream. So though this house is not historically designated, we have treated our updates to the home with an eye to what is appropriate from a perspective of preserving the historic integrity, especially on the exterior. An attached garage is out of the question as this would look alien to the house and certainly not vintage 19 or 1892. With our current dilapidated detached garage almost begging us to tear it down, the thought of achieving the the ADU dream above a new garage in a detached structure makes total sense. Carriage house designs are a great way to utilize the volume of attic above a sloped roof garage instead of leaving it as lost enclosed attic space. This allows the structure to maintain a minimal bulk appearance compared to a true two-story design. As you know, staff was recommending that the commission reject the proposal citing areas that exceed those listed in the ordinance and also concerns over the perceived bulk of the structure. After considering the details of this project, including the history of this property and its current Minnotonka Mills context, always dutifully with an eye for to community goals, the planning commission is recommending approval of the cup to the council here tonight. The project was also pursuing a variance from the rear yard setback and the commission is recommending rejection of the variance for the rear yard setback, which we are accepting of. We are accepting of the setback from the rear property line matching the city code required height of the building. I'd like to walk you through some supporting um context materials for the conditional use permit at this time. Do we have some of the additional um visuals that that were submitted? Is it just this? Okay. Well, we'll make do. >> Yeah. Do you have that? >> Okay. That'd be that'd be fantastic talking. >> Okay. Okay. So I I do uh as was mentioned there was a discrepancy in in the um floor plan areas that were listed for the primary res residence. Um this uh we we purch purchased the home back in 2014 and we embarked on an ambitious um renovation project of the interior. Um the project was permitted, inspected and the certificate of occupancy issued by the city of Minnotonka. The finished floor area of the house is 3,245 square feet. Um, I want to point this out as the comparison numbers in the report made the rate ratios more more egregious than they are. Um, I also want to point out that providing you with the floor plans of the primary residence emphasizes the subordinate nature of the one-bedroom 3/4 bath ADU that we are proposing compared to the much larger five bedroomedroom three and a quarter bath of the the primary residence. Clearly subordinate. Thank you. Let me see if I can uh get to >> I think the keyboard's not here. >> Oh, it is. Okay. Give me one second here. There we go. So, I've provided the context of the proposed carriage house with the primary residence to show the subordinate scale of the ADU to the primary residents. the the midpoint of the hipped roof facing Elm Lane is 14'11 in comparison with the height of the primary residence at the midpoint of the gable facing Elm Lane is 25'6. The difference in these street facing heights from the primary residence to the carriage house is over 10 ft. Note that the tallest height of the proposed carriage house is 16'2 and these heights are measured to the midpoints of the gables on the north and the south sides of the structure. Those are the non streetf facing elevations. So I de I developed these sidebyside comparisons um to show the subordinate nature of the proposed ADU. Again the scale is appropriate. The dwelling unit is largely nested contained within the sloping volume of the roof. I developed a four comparison perspective image of a threecar garage without the dwelling unit components. That's what you're seeing on the right hand side. This rendering shows the garage at a setback from the rear property line of 10 ft um as is required by city code for a garage. The stair mass has been removed. The roof line has been dropped a bit to show typical roof trusses and compliance with the 15t max garage height. I'm hopeful that what you see comparing those two images is not a significant visual bulk impact in adding the dwelling unit. Also, 90% of the street frontage of the ADU is taken up by the overhead garage door mass. And this this looks clearly accessory to the primary residence. Looks like a garage to me with a little something going on upstairs. So, this exhibit was developed to show that this dwelling unit is by no means exorbitant or far exceeding of the basic requirements of a livable one-bedroom residence. There's a lot of information here, but I'm going to focus our attention on one key aspect of the design. This ex exhibit tells the story that working within the volume of a roof, there are areas of the floor plan that have slope ceilings that are less than the code required 7 feet and ceilings as low as four feet. I want to point out point out those areas. The the the blue line here will indicate the the seven foot ceiling height as it's sloping. So everything here where my cursor is, here where my cursor is, here where my cursor is, and here is area that's included in the tabulations. Um, but they're between 4t and 7 ft of of slope ceiling height. These low headroom areas are a great way to utilize otherwise unused attic space and great for locating an enter entertainment system, a couch location where you're always in a sitting position or for the head of the bed, but this should be discounted area. In my estimation, it should not be considered one to one floor area with actual code compliant floor area with a minimum height of 7 ft. Commissioner Minion astutely pointed out at our last meeting that if this low head height area was discounted or taken into consideration, we'd have a different numbers game on our hands. The area in green on this diagram shows code compliant head height area with ceiling at 7 ft. Effectively, the code complying usable area of the ADU is below 600 square ft. I suspect that the recent city council approval on April 27th of the vis the Fiser ADU at Minnitanka Boulevard 15815 is still fresh in your minds. It's worth pointing out some similarities and some important dissimilarities between these two projects. Starting with the similarities, number one, both proposals are attempting to combine multiple functions. The Fiser ADU combined the garage pool cabana and a two-bedroom ADU. This proposal is combining the garage with a one-bedroom ADU. Number two, both proposals exceed the ordinance allowed area for a detached ADU. The Fiser project was 2376 ft. This proposal is 1,874 ft. a difference of 500 square feet less with this proposal. Both projects are located long distances from any neighboring structures and by all accounts have no adverse impacts on neighboring properties. The Fiser ADU was 128 and 162 feet away from the closest closest neighboring structures. This proposal is 114 130 and 226 feet away from the closest neighbor neighboring structures. The dissimilarities. Number one, the height of the Fiser ADU was a sticking point for the planning commission. At a at a two-story height, it is 6 feet taller than the primary residence. The height of this proposal is significantly shorter in height than the primary residence by approximately 10 feet. Number two, the Fiser ADU added two additional garage stalls to supplement their existing attached two-car garage. This proposal has a primary residence that has no attached garage. And due to the historic nature of the property, a detached garage is the only option for garage space. The planning commission recommended rejection of the Fiser ADU. The planning commission is is recommending approval of this proposed carriage house. In summary, I hope you see what the planning commission saw that our proposal to combine our detached garage need with our ADU desire is reasonable and it just makes sense. The dwelling unit component of this structure was intentionally designed to fit within the 1,00t maximum ordinance ordinance limit. The quantitative analysis of the project tells one part of the story. It requires attention to the qualitative features and the context to understand the full story. Please consider the changing nature of our Minnitankka Mills neighborhood. The density is higher than the normal R1 zone. Affordable housing is a major need for our city. 10 units of affordable housing is currently under construction across the street. This project would add one more affordable housing unit to the great neighborhood and the carriage house would offer a very unique housing type. Please consider the large lot that we have. Please consider the long distances from our ADU to our closest neighboring structures. And please consider the historic nature of this property and that and that any attached garage concept would be inappropriate. And then finally, please consider the thoughtful restraint designed to keep the ADU as modest and non-competing in appearance with the primary residence. I ask that after all things considered, you follow the recommendation for approval by the planning commission and vote yes for this project to move forward tonight. Thank you. >> Thank you, council. Any questions for the applicant? Council member Rome. Thank you. Um, I mean, just as a an a as an historian by training, are you uh at all interested in pursuing a historic designation for your property? Because you've done all of this work. This isn't directly related to the ADU, but you are emphasizing the historic nature and your careful work to preserve and, you know, kind of restore it. It would be a shame, as you said, when you bought it, it was advertised as a potential tear down. um when your family is no longer going to be using it, are you looking to do that so it can continue to be preserved? >> You know, actually when we bought the house in 2014, we had heard that that there was some rumblings about wanting to designate it and um I know that there were some previous interests from others to buy the house that would have would have done that. In some ways, we were relieved to find that it wasn't going to be designated because we wanted to um we wanted to change the interior of the built the the house and my my primary residence floor plans kind of indicate that. So, we have been able to recraft the interiors. The exterior is pretty much sacred to us though. We do not want anything to happen. We still got the existing 1890 um wood siding on it that we just painted last year. um it would be something we would entertain, but I just know there's a lot of um strings attached and and a lot of money related to that. So, um as an architect, I have I have a strong desire to maintain the house and the history of it. So, I you're in good hands with us >> and we intend to hold on to the house for a very long time. >> Yeah. No, I'm glad you're going to stay there. I'm just looking towards the future. Um but yeah, thank you. That was my main question, which has nothing to do with the ADU, but has to do with the property. So, thank you, >> Council. Any other questions for the applicant? I'm not seeing any, but if we do, we'll have you come back up. >> Thank you. Thanks for letting me be long long-winded. >> All right, council thoughts on this or questions for staff. You know, I do have a question for staff. I just want to um confirm my understanding which is the calculating of square footage for these for ADUs for garages for any property is consistent across the city. Is that is that right? >> Uh chair mayor Shaq and council members. Yes. from a zoning as as land use planners, we do the same calculation of floor plan. Um, our calculation is different than uh the building code and the building officials, but when we bring something before you, the calculations are always uh made the same way. >> Great. Thank you. All right, council. Well, it's it's up to us on this. So, happy to hear what you have to say. Nobody else will. I will. >> Go ahead, Council Member Romey. >> All right. Um I mean I was the one one of two who voted against the uh the Fiser residents ADU even though um it was probably against my own interest and it was in my ward. Um having done that um we've set a precedent and um and opened a Pandora's box. And I find this application much more reasonable than that one. You know, for the height requirement, um, for the massing, um, you know, the similarities are noted. Um, I also believe especially the fact that this does not have an attached garage already pre-existing to it. It is a historic structure. Um, this, you know, wanting a, you know, the two versus threecar garage, you know, five kids, I get that. Um, so this one, you know, had this one been before the other, I mean, I would have been far more likely to vote yes on that. Given that the Fiser residence we approved on that, I don't think, you know, in good conscience I could now say no, even though I didn't vote for that one, that I can now say no to this applicant after this council approved the previous one. So, um, you know, for all the reasons, you know, I think it's about 40% if you take out the garage stalls, 35 to 40%, um, which is a little bit over to 1,000 square ft. We've approved other, uh, ADUs that are above 1,000 square ft. Um, including for just garage space. Um, now that was attached. This is, you know, this was for somebody's vintage or somebody to work on their cars. Um, so I just have I don't see how I can um vote this down despite staff's recommendation. Thank you, Council Member Romey. Uh, Council Member Calvert. Thank you, Mayor. So I I am feeling what uh council member Romey is saying and she and I were the outliers on the Fiser property because we're trying to m because I feel very strongly that we have to vote using the ordinances we have and not the ordinances that we want. and we have had conversations. We have some newer council members that that um that did however serve on the the planning commission. And so I struggle over this because for many reasons just like to me the the Fiser proposal also had very reasonable um reasons for doing what they wanted to do. Um, this makes a this makes a whole lot of sense for a whole lot of reasons and and you the property is um just shy of being an an acre, but it it it touches on all of these issues that we're talking about having to do with rewriting our zoning code. the fact that um um we have these sort of uh tensions between what we want to do and what we can do with the ordinances that we have and the ordinances I mean this is really a home this is a home you know it's a home on top of a of a garage and certainly the Fiser's house uh uh ADU that's a home. Um it's not just an accessory dwelling unit. And so I I do feel that this um I feel like we need to add this to a study session specifically ADUs and drill down on you know what do we want? What do we want? What are the parameters? Are we going to be building 3,300 square foot ADUs, you know, next to houses that are, you know, 7,000 square ft? Cuz we have some pretty big houses in Minnetonka. And is it only, you know, is it only, you know, wealthy people with a lot of land and big houses that get to do um, you know, this kind of thing? Uh there's a there's a fairness element to this that um that uh council member Rome is alluding to and that we struggled with in um the other recent ADU application and and it's my neighbor who I have talked to at length who I very much enjoy. It's a beautiful beautiful home. It's a beautiful proposal. Um, and uh, I think, you know, the reasons for doing it are all make a lot of sense. And so I struggle with it. I may end up being, you know, an outlier because again, we have the ordinances that we have. It may not be the ordinances that we want. And I feel like I don't even know what's fair anymore, honestly. So, to me, just being consistent in my vote seems like maybe being fair. And it it kills me because I don't want to disappoint my neighbor that I talk to when I go to Dairy Queen. So, um I'm really I'm really torn on this one. Um I'm really not sure how I want to vote. I I actually want to vote no. I want to support staff on this because their recommendations are based on the or on the legislation that we make and um so they're making recommendations and may end up looking like the bad guy one of these days when they're just doing their jobs and um making recommendations based on the rules that we have. That said, clearly times are changing and our zoning codes are changing. Um, and we need things like ADUs and places for people to live. So, you know, to say no also seems uh like we're cutting off our nose despite our face. So, I'm just very conflicted and I don't really like setting precedent where time after time after time, reasonable sounding people come and propose things that are that that are still contrary to our ordinances and um ask for special dispensation when we've said no to many other people. Um, I will say that I appreciate um the acceptance of the setback um ordinance and not not asking for that variance. So, I really appreciate the um flexibility and um keeping the roof height low. I mean, there are many things that you're trying to do right and um and so I'm just very conflicted. And so I just want to make sure that you understand I'm trying to be a responsible city council member and not set dangerous precedent that just opens up the can of worms that we are now grappling with because Pandora's box was open. >> Okay, Council Member Kley. >> Thank you, Mayor. So, I was not here um the day that um the fisers came and present it. Um but I did talk to um city manager Mike about it and I was surprised that the council had approved it. But I was but I wasn't because I've seen this type of thing happened before in the past where you know we'll approve one project and then deny the other project and sometimes I just totally frankly didn't understand it. Like it just didn't make sense to me. I always felt like it just kind of depends on who presented and you know it just it it was just up in the air sometimes to me. That's how I always take it when I see something like this happen. So based on I'll just tell you based on what I just heard Romey say, council member um and how you just laid everything out to me um the differences you did the comparison. So that was really good for me to hear um and I appreciate that. And so for me it would be a yes because after listening to Raley, listening to you and the council for the last um project where they approved it for me it'll be a yes because it only makes sense to me. So Council Member Maxwell. >> Yeah. Um I'll go next. Um, I I feel our our city code for this ordinance um says that the city may the council may approve a variance from the requirements if it meets these standards. So, it's not black or white. It was black or white. It would just be a permit and staff would do it routinely. So, we've got this pyramid of discretion and we're solidly in the area where we have discretion as a council uh to make a deviation from that. So I I feel like we we have discretion that's in our in our code that we wrote for ourselves. So I maybe not quite as torn on that Pandora's box or having some having discretion to take each application as it comes on its own unique merits. Um, in this case, um, I feel that the fact that this is a detached garage or a lot of it is the detached garage for the primary residence makes this sort of unique. And if you were to build a garage that is already going to have some space at the top, so it's a a good use of an efficient use of space that it's not um, I'd still say it's subordinate to the primary structure. Looking at the pictures, I like the carriage house. That's what I was thinking when I when I looked at it. It looks like a carriage house. It fits the um the neighborhood. It fits the um structure, the primary structure. Um I do feel like there's we it could be reduced in size and still meet potentially the need, right? It has an office. It has a living space. It has a bedroom. That there may be a way to make it smaller to get closer to meeting our our ordinance. But overall, I feel like this is a reasonable use of this space. And it does I feel it does meet the intent um of the ordinance. >> Thank you. Uh Council Member Foster Bolton. >> Yeah, that's what I was going to say. I knew we were going to get scolded. I feel like we're being scolded right now because but that's what I kept reading in the um when we when we did the Fiser project is that the the the city had they they have to operate under the constraints of the the ordinances but I kept reading the council may the council may and that's we have that option and we Minnetonka is a unique city with unique properties with unique situations and we're talking about that all the time on this council. Um that it that that you know every property we're not a cookie cutter city. We the houses are not cookie cutter houses and you know um so I I don't think that there's a Pandora's box that was opened. I think um again you know it was it is a subordinate structure um and it looks great. It's you know I feel the same way I feel about the Fiser home. This this seems like a great idea, a great project. And again, you know, um if there's one more affordable place to live in this city, I'll take it. >> Council member Wilbur. >> Yeah, I won't spend much time. I I agree with what uh Council Member Maxwell said and um uh we yeah there's a reason we have discretion why it comes to us and why it's not just automatically approved or denied. Um and so I in this case like looking at the drawings it clearly looks accessory to me. Um and again for all the reasons stated that the the garage for the primary house um it it all makes sense to me. So thank you. Um I won't go too deep into this but what I will say is you know when I I too knew that this was going to come up and that this was going to be called a precedent setting situation. I don't think of it that way. I think there's significant distinction distinctions between the properties. Um, you know, I'll tell you the reason I voted to approve the Fiser property is because I felt that there we were facing a situation where we could get a mod a more modest structure on a very large lot instead of forcing a resident to subdivide their lot and build a, you know, have a 23 million 5,000 square foot home built. and in and that was the reason I made the decision I made ultimately. That's not the situation here. Although I would say we're facing potential legislation at the state level down the line or situations where this lot could easily be a subdividable lot as well. And you know, I would rather see us develop opportunities for modest housing for older people or younger people to live in when it makes sense given the unique features of each property. I think this is a very different situation than that situation. Frankly, I'm not interested in recal redetermining how we're calculating square footage, but I am interested in accomplishing a goal which is to find a way to bring in alternative housing stock, smaller houses in a way that development costs and land costs are um prohibitive of in many situations. And so in that way these are similar projects but I think my um support of them are for very different reasons. I agree. I think this more fits the intent of the ordinance probably than the Fiser property did. And um I think we could trim it down a little. I think it could be a twocar garage with a smaller um a smaller living area, but I do understand why given this the type of lot and the and the um specific circumstance there. So, I won't go too deep. I don't think, you know, I talk about I I work in a field where we can split precedent pretty pretty slim and I feel comfortable that I still have the um aptitude to consider every single request for an ADU that comes before us as a unique request and not be pigeonholed in based on previous decisions because this is such a unique circumstance and um these they're coming up in different ways. And I you know I I want to address one other thing that came to mind. This is a place where people will live. It's not a hobby area. It's not a place to store extra things that we've accumulated. It's really a place that people live. And that is a it is a big feature for me when I consider these um these applications. So with that, I think it's clear where we're headed. Um, I would look over here to see we have a um, we have a resolution in our packet to approve. So, I'll look to um, Mr. Nilson, do we just have the motion to adopt the resolution to approve? Is that what we're looking for? >> Mayor Shack, that's correct. That that uh, resolution reflects the planning commission action. >> Thank you. and that and I think we've all agreed that the the setback varants were were just going forward and as the applicant conceded um with what was recommended by the planning commission. Okay. Council member Wilburn, was that you with your nod? >> Yeah, I was going to make a motion. >> Go for it. Um, so I move that we adopt the resolution approving the conditional use permit but denying the setback variance. >> Council member Foster Bolton, >> I'll second. >> I have a motion by Council Member Wilburn and a second by Council Member Foster Bolton. Miss Larson, please call roll. >> Wilburn, >> yes. >> Calbertt, >> yes. >> Romeley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. >> Shaq, >> yes. Motion carries. Good luck with your project. Well, I'll be watching it because we're right on our way to right on our way to work. All right. Um, we're gonna cruise through these. Thanks for bearing with us, everybody. I I kind of went past break time, so I apologize for that. Um, okay. 14D 2026 Alternative Urban Area Review Update. Miss Wishnack. Thank you. Thank you, councel. Um, this is just a an update to our alternative urban area review, AUR for short. Um, if you're not familiar with the terminology, it's okay. It's about um kind of the cumulative effects of any kind of impact in a certain area. And so I think that um some people confuse this to be an EAW, but that's not exactly it. Think of it as a big environmental assessment for a whole area. And in this area, we're talking about Opus and it's one square mile, right? We're talking about 62 Cross Town, 169, Smutana, and Shady Oak. That's the one square mile area. So, that's where this document applies. Um just some notes about where this lives in the strategic priority and uh really about continuing that opus area transformation as we reflect on the strategic profile. Uh the other thing is that AURs help governments kind of evaluate these land use impacts have scenarios in the document and then at the end of the document has all this mitigation that the city needs to consider to address the impacts as those cumulative effects happen. Um, and it really I think we started thinking about this five years ago because we kept getting proposals, right? We had hundreds of units here, hundreds of units there, and to have a more comprehensive look at what was going on uh for a road system, for any other kinds of storm water systems, whatever uh infrastructure needs, we were wanting to have a more effective uh way to do that. And that's why we came up with this um because it's only valid for 5 years. Hence, we're back here with the update. Um, the update includes all the development that has happened since 2021, which has been a lot. So, we had a lot of changes on the map. So, it includes that. And then, um, the extension for the green line was uh, just modified just to make sure we had everything accurate on the maps. And then we had two scenarios studied. One was the existing adopted 2040 comprehensive plan. And then the second part was a more intensive development plan and that's the whole purpose to kind of see where you have challenges or not in terms of certain land use scenarios that you consider. We also in intensified in that second um second possibility of the scenario we had more high density uh land uses and office land uses and we converted more parcels to what we called a mixed use and you can see those in the darker purple on the map. So in the document there were a number of mitigation measures that were adopted or updated I should say evaluating soils for suitability for each project. As we know we have some higher water tables on certain parcels within opus. So we wanted to make sure we address that in a more defined way in the document. Also um just a note to comply with the national pollution discharge elimination system construction when applicable. And that's just a reminder that all development has to comply to that. That's also in our water resources plan, but it's um added to this just to make sure uh anybody picking up this document understands the compliance requirements. Um the next one was designing proposed geothermal systems to comply with the permits and align with city's energy reduction goals. We do have actually geothermal in the park. Um but just making sure that as we think about those in the future that they're addressed in um in the appropriate way under the permitting that we have in the city and then also identifying risks to thermal aquifer changes aquafer contamination and water consumption at the time of site design. So adding this to make sure that if you have a user maybe that has a high water use that this document says there has to be a more intensive review of that uh proposal. Of course then we have the section 106 that has to be compiled with. That's the National Historic Preservation Act. Um that's uh really dealing with federal requirements. Uh we've done that a lot in the light rail arena. So we've gone through a lot of section 106 on that. But again, a reminder for people to pay attention to that. Uh follow adaptations that are outlined in the 2024 climate action plan. So pulling in some of that language into the document. And then uh there also was a second right-hand turn lane on the southbound exit ramp on Bren Road. That was a mitigation measure in the document. This is the public review that happened. So we have a project page about this. We had the EQ EQB, the Environmental Quality Board, um, published in that document and then there was a 10-day period for comments to occur. I think it's hard to comment as a property owner, as a person in the public, it's hard to know what you might want to do in the future, but um, if you're a developer and you're redeveloping property, you're used to these types of documents, and we have not received any property owner input. Um, however, we did receive some comments from the Met Council and they had kind of a two-page letter. If you link to the letter on the back page of the letter, it'll tell you how the document addressed each one of their comments. So, if you want to kind of follow that chart in the back, it'll tell you how the document addressed the issues. Some of the issues were technical in nature. Um, you know, questions about charts or grass and if there was an appropriate update, we we did those updates. some of it. I think there was a sewer comment. It actually was immaterial to the modeling what their comment was. So, um you'll note that we responded to that and noted that, but um understood the consideration. Other things were more futuristic like uh some of their comments had to do with kind of the next comp plan it. And so in 2050 well or in the 2050 plan, we'll have to consider some of the things that they brought up in the letter. So, we'll keep a copy of that handy when we start that process next year. Um, so with that, uh, we do ask that the council approve the resolution for the final AUR, uh, for the Opus area, and we do need five, I'm sorry, four votes on that to be considered. Thank you. Thank you, Miss Wishnack. Council, any questions about this? >> Just one quick one. >> Uh, go ahead, Council Member Romey. >> Thank you. Um, just picking up on your comment about geothermal. You said there's already geothermal in Opus area and are you foreseeing other applications for it? >> Mushak. >> Thank you, mayor and council member. Yes. If if you recall when we dealt with the um opus demolition, so the site the on the side of the building that they want to take down, there's actually all geothermal under their parking field uh just to the west of their building. And so actually we had to work on the preservation of it so that it didn't go away. Um but that kind of brought to light and that's the only one I can think of off off the top of my head. Um but we wanted to make sure going forward that we understand the impacts of geothermal even though it's a positive sustainable thing. Are there groundwater issues or considerations that we have to have just because the groundwater is quite different in the opus area than maybe other areas of our city. So just looking at the uh sensitivity and the bul v vulnerability of um those issues as we go forward. So it's not something we mentioned last time but because I think well no opus had their geothermal in before that but I just it was just something top of mind because they just did this project so we were happy to add it. >> Thank you. And just one more um and then the water consumption the new water consumption standard or um thing I'm assuming that's data center related. Exactly. Mayor, if I may, um, uh, Council Member Mele and council members, this really was, uh, there was some really deep dive research by one of our planners, uh, Riley was, um, on on our staff just showing us some of the numbers on the bigger data centers and, uh, trying to kind of get at this issue maybe in a different way and environmentally review this in a AUA AU document instead of trying to regulate some other way. So, this basically says if you have a high water user, you're going to have to do more research just like a traffic study or any other kind of um evaluation after this document is updated. So, we think that's a good safeguard especially for Opus, right? >> Yeah. Terrific. Thank you. I just wanted to commend you on doing that. Thank you, >> council. Anything else on this? I would just reiterate I think it's it was reassuring to see you know we do these plans and we and we kind of as a council are made aware of them but to understand that they'll come back and they will be updated based on what we're what's happening in the world in real time and it's you know it was a a reassurance for me to see those things as well. So really appreciate that. Okay. So, what we need here, I believe, is we council needs to uh adopt the resolution adopting the final update. Council member Calvert. Thank you, Mayor. I'd like to make the motion to adopt the resolution adopting the final AUR update for the Opus study area. Council member Romey, >> I'll second. >> I have a motion by council member Calvert, a second by Council Member Rome Rome. Miss Larson, please call roll. >> Wilbur, >> yes. >> Calbert, >> yes. >> Raley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. Shaq, >> yes. Motion carries. All right. Next up, appointments and reappoints. 15A, planning commission appointment and DEI commission reappointments. And that uh Miss Dman, sorry, one second. Yes. So, we have two appointments tonight. Um, we have um Jonathan Shoemaker to the planning commission to fill the vacancy that was made vacant by um council member Maxwell coming to the um council. And then we have two appointments on the students. A couple years ago, we redid the student appointments for the DEI commission to be um July 1st to June 30th to go with their school year. And so, we are recommending that we reapprove um these two students to serve a one-year term. Thank you. So, council, I will just give you a quick update. So, we, you know, we know that we're kind of juggling some appointments and some reappoints. Um, we are working on a few other issues. We wanted to get that vacancy um created by Council Member Maxwell addressed right away and and um I think Miss Saraki is going to come back with Mr. funk with some updates on a few other things within the next couple months. So, I want to assure you because there's some stuff going on that we're just we're hearing from people with some resignations that haven't quite come up yet and we don't want to get over our skis, but we we are sensitive to every the moving pieces here. So, with that, this is my motion to make. So I will make the motion to appoint Jonathan Shoemaker who I spoke with and he's eager to serve and reappoint Nalia Wedge and uh Muhammad Omar uh to the DEI commission. Council member Romey >> I'll second. >> You're the you're the Oh yes. I'm like I made the Okay. Come up. I was trying to get you because your arm went up late every single time today and >> no big deal. >> Um, okay. Motion by the mayor and a second by council member Romey. Miss Larson, please call roll. >> Wilburn, >> yes. >> Calbert, >> yes. >> Rome, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Maxwell, >> yes. >> Shaq, >> yes. Motion carries. So, thanks for those folks for agreeing to serve. Um, item 16 is adjournment and council member Wilburn. >> I move adjournment. >> Second. >> And okay, we have a motion by council member Wilbur, a second by council member Calbertt. All in favor say I. >> We are adjourned. Thank you everybody.