[Music] [Music] [Music] [Applause] [Music] Good evening and welcome. Tonight is Monday, July 14th, 2025. This is a regular meeting of the Minnotonka City Council. I will call this meeting to order and ask you to stand and join me in the pledge of allegiance. [Applause] I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Miss Larson, would you please call roll >> me? Here. Kley >> here. >> Foster Bolton >> here. Shaq >> here. Wilburn >> here. >> Calvert >> here. Wearsome >> here. Um, next item is approval of the agenda and um I believe there's an agenda. Um, Mr. Funk. >> Yes. Thank you, mayor. Good evening, council. There is a an agenda for your consideration this evening. It is in relation to item 14A for Manol at 14705 Glendale Road. There's two parts to this agenda. First, the applicant submitted a supplemental document regarding subdivisions within the neighborhood after the staff report was posted last week. That is attached in your agenda. And then the second item for this agenda item is uh relates to the resolution. So there are two resolutions presented in your packet. One is a resolution for approval. The other is a resolution for denial. The resolution for approval staff is recommending the addition of uh the item noted in front of you which is related to uh on page seven and a condition under the heading building permit dash before issuance of all permits. Underlined in your agenda is the condition that houses built on each property are limited to floor area ratio of.2 22 as defined by the zoning ordinance. And for your reference, city council, this ensures compliance with the floor area ratio, which is we often call the McMansion policy. The F again, floor area ratio of 22 would restrict the homes on each lot to roughly 4,450 square ft. And again, that would come into play if you approve the variance application here this evening. So with that, mayor and council, you do have a motion to the approve the agenda as amended. Thank you. >> Thank you, Mr. Funk. Um, Council Calbert. >> Thank you, Mayor. I'll pro I move approval of the agenda as amended. >> And a second. Council member Foster Bolton. >> I'll second. >> All right. We've got a motion by Council Member Calbert and a second by Council Member Foster Bolton. Um, Miss Larson, please call roll. >> Rome, >> yes. Kley, >> yes. >> Foster Bolton, >> yes. >> Shack, yes. >> Wilburn, >> yes. >> Calbertt, >> yes. We >> Yes. motion carries. Next item is approval of minutes. And we have four different sets of minutes. Um we have the May 12th, 2025 study session minutes. We've got the May 19th, 2025 special study session minutes. Then the June 16th, 2025 study session minutes. and the June 23, 2025 regular meeting minutes. Um, I think we can do those all in one motion. Council Calbert. >> Thank you, Mayor. I move approval of the May 12th, 2025 study session minutes, the May 19th, 2025 special study session minutes, the June 16th, 2025 study session minutes, and the June 23rd, 2025 regular meeting minutes. >> Thank you. Is there a second? Council member Shack. >> Thank you, Mayor. I'll second. >> All right. We've got a motion by Council Member Calvert and a second by Council Member Shack. Miss Larson, please call roll. >> Rome, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Shaq, >> yes. Wilburn, >> yes. >> Calbertt, yes. We >> yes. Motion carries. Item six is special matters and we have one special matter tonight and that is a proclamation proclamation for disability pride month. and disability issues are pretty close to my heart. So I've offered to uh I've offered to read that proclamation tonight. So this is city of Minnitonka proclamation disability pride month July 1 through 31 2025. Whereas disability pride month is observed annually in July to commemorate the enactment of the Americans with Disabilities Act of 1990 ADA which prohibitate prohibits discrimination sets standards of accessibility and public accommodation and is widely regarded as one of the most important civil rights laws of our history. And whereas disability makes up a significant and multifaceted element of human diversity, one in four Americans nationwide and more than 1 billion people globally identify as people with disabilities. And whereas people with disabilities have historically faced and continue to face isolation, discrimination, violence, and harassment, which is often compounded by intersecting elements of identity such as race, gender, class, orientation, religion, language, immigration, status, and education. And whereas people with disabilities have been and continue to be active and resilient advocates for their own communities and needs along with the support of their allies. And whereas the city of Minnetonka strives to create a community free from systematic from systemic discrimination and interpersonal prejudice and built upon equity through its laws, policies, actions, employees, and commissions while also acknowledging and celebrating culture, community, and the ADA as is only a starting point. And there remains significant progress to be made in ensuring a truly equitable, accessible, and inclusive communities for all. Now therefore, be it resolved that the Minnitankka City Council does hereby declare the month of July as disability pride month in the city of Minnetonka. Signed, Bradome, Mayor. So, thank you for that. And uh yeah, if there if you know anyone with disabilities, please uh please acknowledge them and um and demonstrate appreciation. And if you if you're looking to hire people, please consider people with disabilities because those people have so much to offer in our community. And and it is harder if you have a disability, it is harder to find a job. There's just no two ways about it. So anything we can do to help solve that problem, um I would like to encourage people to consider that. So, next is reports from city manager and council members. So, I'll turn that first to Mr. Funk. Uh, >> thank you again, Mayor. Good evening again, council. Couple things for you this evening. First, a congratulations to public works will Manchester and our team on receiving a grant in the amount of $277,215 for the tree planting program. Uh, this was submitted through the Met Council. Met Council received 31 applications totaling more than 5 million in requests. Uh Minnetonka received the second most funding out of that applicant pool and many jurisdictions were not awarded funds. So congratulations to Mr. Manchester our team for continuing with our grant tree planting program. Uh night to unite. It's hard to believe. I know summer is cruising past fast more than we want but Tuesday August 5th which is around the corner is our night to unite event. Just want to remind council of that evening. And then also to our residents uh to sign up for your neighborhood parties. Last year there were more than 140 parties. We're hoping to surpass that this year. Again, that uh registration is up online and there's another week for registrations. Of course, we'll take them if they go a little bit more than next week, but certainly encourage anyone that's listening to go ahead and get your neighborhoods registered. Uh, another thing I want to just mention is, uh, with our zoning rewrite, uh, we have, uh, Miss Wishnack and our community development team and our project team on that, uh, leading that project. Minnetonka property owners are currently invited, uh, to share in that survey. Uh, if you can go out to Minnetonka Matters for residents to share their feedback, that's been up and live. We've had, I think, over as this last week, 150 uh, comments on Minnitankka Matters. So, we encourage uh residents to get engaged with that survey. And then last, I want to mention Summerfest, which was just here a few weeks ago on June 28th. Uh we have estimated over 6,000 participants that day. As we all know, is a beautiful weather, the largest in seven years by our estimates. So, congratulations to the community and especially to our staff, Mr. OD, Kelly Westy, and numerous other staff members that help pull that together. And and council members as well. Thank you for helping hand out medals to some of our winners. So that was exciting and we had such an amazing crowd and everything as you know came together really well. Events like this don't happen without a lot of planning and a lot of coordination. So really great credit to the city for that wonderful event. So with that mayor and council, thank you. >> Thank you Mr. Funk. Um council members, anything that you would like to report? Council member Shaq. >> Thank you mayor. Um, mostly just want to echo thanks for the community coming out for Summerfest. It was a blast. Um, sometimes I have a conflict and I can't make it, but I was so glad to be there this year and handing out the medals was absolute highlight. So, really cool also to see all the engagement with um, community development on the zoning piece and I think it helped because it started to rain just a couple of times and I think that drove people to the tent. So that uh it didn't rain too much. It just worked out. So we got some I think good feedback. >> Um thanks to all the hard work to staff put into making that such a success. >> Thank you, Council Sha. Council Calbertt. >> Yeah. Uh same same. Um the kids couldn't have been cuter in the little tot. And um it also was kind of blazing hot. And I just want to thank staff for putting on an amazing, incredibly well attended event um in, you know, semi uncooperative weather. The heat and the the wet doesn't make it fun, but they made it a fun event anyway. And um I just wanted to um mention that our former um city clerk who ended up working in the secretary of state's office running elections for the entire state is has his retirement party today. So best wishes to David Mada who was really just such a wonderful staff member and I remember crying when we said goodbye and um congratulations to public works and Mr. Manchester for that incredible um grant. That's that's what we like. And happy disability pride to everybody. >> Thank you, Council Member Calbertt. Anyone else? Council member Mey. >> Thank you, Mayor. Uh just uh regarding Summerfest, uh also wanted to thank our public service officers. They were there and uh were there to ask questions. They're also there to show off some new EV fleet vehicles which was really exciting. And also we had some volunteers that uh showed their own uh EV vehicles and it was it was really interesting. Um and I think a lot of people showed a lot of interest which was encouraging on that regard. And then also I'm sure maybe some of the other council members will um follow up as well but um the Junth celebration was fantastic. Um, uh, the the music was great, the vendors were great, the people were great, and just want to, uh, send a shout out to Jace Alexander, uh, our staff member, who who did so much work putting that together. >> Thank you, Council Member Mey. Anyone else? >> You know, the um, I'm just going to add I'm just going to pile on a little bit regarding uh, Summerfest because it was very well attended. Um, the fireworks are great. The band was great. Um, I think everyone was really having a great time. But one of the things I get to introduce the band and I I get to say a few words. And one of the things that I want to point out is, you know, Summerfest, I mean, all all cities have different festivals in the summer and and Summerfest is our big event. And we celebrate really three things at that event. And that is uh clearly um it's not we don't do fourth Fourth of July fireworks, we do Summerfest fireworks. So, a week before the 4th of July. Um but also um it's um Junth um is a new holiday, but it is a holiday that definitely deserves um um extra attention. And um you know that's June 19th of 1865 when in Galveastston, Texas, the last of the slaves were freed. And and what a what a what a great event to commemorate um a change in American history. So, I'm proud that we we do that. And then it's it's Pride Month. And just as is the case with um people with disabilities, uh we want our um LGBTQ community to know that they're appreciated and welcomed in our city and that they we salute their pride in and their identity. And and I think it's really great that through our work that we are identifying more groups that individually because people who don't have um celebrations or are not recognized in their community do feel isolated and we have to recognize that and reach out. And so, um, we talk about community inclusiveness and to me it's very important that we let all of these groups and all of these individuals know that they are welcome and appreciated in our community and let's celebrate um the events that are important to them and make them important to all of us. So, um I'm I'm really proud of what we do in that context and u summerfest is our summer event. So, anyway, it was it was a great event and staff, thank you for a lot of hard work. It was really well done. So with that, that takes us to the next item. Citizens wishing to discuss matters on not on the agenda. So this is an open mic opportunity. If there is something that you would like us to know, please come forward, state your name and address. Come to the podium, state your name and address and tell us what you want us to hear. Um this is again for items that are not on the agenda. Um items on the agenda will be handled separately as we as we come up to them. Um, but it's also a matter that there will be no action taken tonight. We will hear what you have to say. Then we will refer to staff to have them follow up. So, if there's anything you'd like, just come forward, state your name and address, and tell us what you want us to hear. >> Hi, good evening. >> Hi, my name is Donald Dannon. I live at 14201 Glenidge Road, Pinnataka. been there since 196 or 52 when this was a village and I enjoy the uh way things have developed but I got two questions. Can I ask questions? >> Well, we're not we won't answer them, but you can ask them. >> Uh how how many people have been to Target on 101 uh driving there in and out? Then I get a raise of hands or not. >> Pardon? >> Well, no, we're not gonna we don't do that. You just tell us what you want us to know. >> Okay. So then >> what's your point about car target? >> Uh nothing. >> Okay. >> So my point is across the street at uh the entrance to Cub. So Cub was uh built in the uh early uh 80s along with excavation of 101 which was a swamp. And so they call it mcking. And they were mcking out 101. And they asked the cub people and other people from the city, what do we do with this entrance? Do we muck it out? Mucking is expensive. It has to be paid by somebody. And the everybody declined to muck it out. Now, if you drive in and out today, it drives like this. Mr. Manchester has maybe been in and out of there and to me it's an illegal street cuz the grades are too steep. Uh I have myself personally had a accident with my car where I glided into a pickup with a trailer hitch sticking out for a boat and he rammed it right through my uh plastic bumper. So uh there's at least one accident. I think there's hardly been more. >> Mhm. >> So to me, the the the street needs to be addressed and bring up to the So it looks like the entrance to Target across the street, >> a level playing field. >> Okay. Yep. >> So that's that's on the So just to be clear, that is where there's that dip. You go into Yeah. The dip goes down and comes back up because they never >> And it's been settling every year because there's muck under there. >> Okay. All right. >> And it never was excavated. So not going to be a cheap fix. >> Well, but we do a lot of fixes that aren't cheap. So, so um we'll uh we'll make sure that Mr. Manchester um knows uh our thoughts on that. So, thank you for that. >> Okay. Thank you. >> Have a good day. Is there anyone else who has a comment for the council? >> Good evening. >> Hi there. Um, I'm Alan Cousins, 4531 Greenwood Drive, and I've been a resident of Minnotonka for over 35 years. I've been a commissioner in the city, and I have been very active in this city as many of you know. Um, this year we are getting ready to for elections and uh, as you know, we are using rank choice voting. I am here to make sure I number one I want to make sure I want to say thank you for finally putting this in the Minnotonka memo that there is going to be an election. I've been watching for it, waiting for it. So, I'm glad that that is in here. Um, however, the website is very hard to find um where you get your candidate information and so I want to make sure that our website gets updated so that people know immediately how to get um information on how to run and what the deadlines are. Right now, you have to go to the homepage, then you go to the elections, then you go to candidate information, and then you finally go to how do I become a candidate? That to me is not transparent, and I think it needs to be more transparent. As all of you know, we're rank choice voting. So, anybody who is eligible can and should run for um both mayor and the two atlarge positions. All it takes is for you to be eligible to vote in Minnesota, at least 21 years old, not running for another election in this year, and be a resident 30 days before election. So if you want to be a Minnitanka mayor or at large member, you can still come in establish residency and then run for that file for that c that office. So I am encouraging everyone to do that and as it's a $5 fee so it's not um out of reach for anyone and that's all you have to do. It's very easy and I hope to see a lot of people running this year because as you know we need vi very intelligent and viable candidates for our city because this city deserves high quality candidates. Thank you very much. >> Thank you, Miss Cousins. Is there anyone else who has something you'd like the council to hear tonight? Is there anyone? Greetings. >> What up, council? Uh, my name is Jonathan Kent, 14513 Moonlight Hill Road. And, uh, I have two quick items. Uh, one, I was at the garden club meeting uh, for the first time. Very cool group. And, uh, just as more of an FYI and um, speaking on behalf of someone, I'm not sure if they would otherwise convey this. uh really almost in passing they were mentioning no they shared it with the group uh that T-Mobile has as you may be aware uh been in the area um looking to sign up people and um they've been adding uh to like the fiber optics making internet faster which I actually think is overall a good thing and then this uh um resident mentioned that uh unfortunately her garden was trampled so that was just a bit distressing and I figured this is actually a pretty decent for him to at least uh share that. And if nothing else, rest in peace to her uh flowers and um and such. So, and by the way, that group is is pretty uh pretty fun. Uh and I I plan on going back in the in the future. Uh second item is uh very unrelated and uh to kind of take a a zoom out on a more international um uh level. Uh and admittedly this is not something that I am aware of whether and how M the city of Minnetonka has um been involved from a uh city finance perspective all the way to um issuing statements or proclamations but uh you know there are many many affairs happening in the world. I'm I was pleased to hear about um mention of the floods. Uh so much that's happening domestically, locally. Um and then uh it would be remiss. I just it doesn't I personally it doesn't get said enough. There's people who are trying. But what is happening over uh in Palestine, it is a genocide. I think that uh our uh city ought to uh say more about that. Uh and I'll be the first to say I realize that uh it's a um it's not even a complex matter. Actually, if you look at what is actually factually happening, it's not complicated at all. I know that it's a fraught history. I um grew up with uh many uh friends of faith on on both sides, if you will. Um and so I'm not here to try to um make an inflammatory statement uh regarding any party involved over there. Also, I realize it is a conflict that's far away. And the reality is that um you know not that long ago and affecting a different group of people, we did have a a holocaust go on. People didn't do enough and millions died. And so maybe the scale isn't quite there, but uh people are dying. Gazen specifically, Palestinians uh by uh in the thousands. This is stuff that uh may make people feel uncomfortable, but I have to say it and more people need to say it. I wish some of you would say it. Say it every time. Say free Palestine. wear wear stuff that and and by the way the the folks who uh you know Hamas committing the attacks on October 7th that's awful too. I'm a big believer in nonviolence. I think most of the people over there as well and uh you know so it's not okay that there are hostages. Those need they need to be returned. Uh there should be peace. Uh you know there was a slaughter of over a thousand uh Israelis. That's really messed up. Uh that's horrible. It's horrifying. Uh imagining that happening. I've been to a number of music festivals where a large number of people were kidnapped and killed. If if that ever happened anywhere here, it would it would be mortifying. Um so I guess my point on a on a practical level um to because this can go on and on is uh Gazin specifically are dying by the uh tens, hundreds of thousands. Uh conservative estimates over 50,000. Overwhelming number are uh women and children. uh this is and if you look just just Google read uh any set of news sources uh that are at all reputable you talk to uh historians I'm a history major myself you talk to historians who study the Holocaust they are calling this a genocide and they are Israeli historians okay so I'm not saying they are authority on the matter you have uh there's a reason that people from Northern Northern Ireland are are very passionate about this matter a thing or two from the troubles about what happens when there's ongoing conflict uh people in South Africa. They know a thing or two about apartheid and they have been leading the charge on the international level. There's a reason that Benjamin Netanyahu and YoV Galant have uh um arrest warrants out for them. And I think we we need to you know there's a lot going on uh about discussions on sanctuary cities. If anything, I wish I could just dedicate a whole other thing to that. Maybe I'll come next time and do that or someone else can. But it's just it's these things what happens there is a reflection of the moral character of our world. And I think it's really messed up. And there's far far too much pressure of people saying if you speak up on this matter, if you are pro Palestine, if you are critical of the current uh administration and leadership of Netanyahu, if you're critical of the IDF, which many call, I think correctly, the IOF, they are an occupation force. They are illegally occupying the West Bank. Uh that's a that's a whole other issue. But um it is not anti-semitic. There are there's a lot of anti-semitism out there. I I don't condone that. I think that's a real problem. There's a lot of Islamophobia out there. There's a lot of within our state. There's there's plenty of mosques that get attacked as as there are uh temples that do. So, all of it is bad. So, this is not about that. I've been called anti-Semitic before. I prepare to hear that again in some to some extent uh for for raising this. And to me, it's just like, you know, if if I I I have directly contacted people uh through WhatsApp and Instagram who are begging for money just for food. They don't even want this com. They do want the conflict to stop, but they're just trying to live hour to hour. And their big message is why isn't why aren't more people talking about this? Why aren't they doing more? So, I realize there there really isn't a whole lot probably on a practical level the city of Minotaa can do. My call to action would be what however our finances are tied to um the Israeli government. Look at divestment. You know, look at boycott. I mean this is the this is what essentially stopped if you know your history I'm not trying to preach um and I'm sure you do this is what stopped apartheid in South Africa and this is also rooted in the civil rights movement when people stopped started those bus boycotts when they started you know um going down south the freedom riders and all that that you march on Washington and and people are out in droves but I just I don't think the powers that be are really serious enough about this matter and there's a lot of denial and and people are dying so as long as is not not enough is done. This slaughter will continue. It is a genocide. Uh and and so I guess to tie it out, um the divestment piece of it. And then I personally, if it hasn't happened already, if if I'm mistaken in um anything that has been publicly said or committed to by this council, but I would love for there to be some kind of resolution or commitment to say we we we oppose, and it's crazy to even have to do this, but we oppose uh genocide in any sense of it. And you can you can you can highlight historically the other parallels and say it is it's enough. Like knock it off. Stop. We we do not accept that. And and that that's that's where we draw the line. Have that in the historical record because I can guarantee you one thing. Well, it's not a guarantee, but it's my prediction. In a thousand years, assuming we're not, you know, too far away from the sun or whatever or something else happens to this planet. Like they the history will look at this and and it's going to be the same. Why didn't we do more? Why? Why did so many people get slaughtered? And just as a reminder, if you look today, Israel shot and killed uh at least six children trying to get water. Okay, before that there were bombs dropped, another 50 people killed. This isn't and this is in a context of a ceasefire. So, and and I have been to talks I'll wrap it up. I've been to talks where um there have been people overseas, doctors, folks who uh you talk to doctors without borders, nurses, and they will describe and I won't get into the details, but it is super disturbing the uh wounds and and ways in which uh children, women, elderly have been killed via gunfire. And those are that is that is deliberate action right there. When a sniper bullet hits certain areas of the body, there is no uh mistaking the intent of that. So and and and when when there is claim of of the IDF being the most moral army in the war, I I call BS. I I think that is that is that is it's anything but. So anyway, uh thank you for listening. Sorry to take up so much time and uh free Palestine. >> Thank you, Mr. Ken. Is there anyone else who would like to share something with the council? All right, I'm going to I'm not seeing anyone, so we will move on. Um, next item is bids and purchases. We have no bids and purchases purchases tonight. Um, so that takes us to the consent agenda and there are four consent agenda items. And consent agenda items are items that are typically routine. So we read them into the record and we vote on them with one motion and uh, one vote. If um if someone would like to pull an item, whether that's a council member or someone in the audience and you would like an item um considered more deeply than it would be as a consent agenda item, um raise your hand and indicate that. We will pull that item. We will then vote for the remaining on the remaining issues and then we will circle back to the item or items that have been pulled. So item 10 A is a resolution for the Groveland storm sewer improvements phase 1 project. Item 10B is the Metro Transit contract extension. Item 10 C is pathways to home ownership. Item 10D is an interim use permit for a portable classroom at Glen Lake Elementary School at 4801 Woodridge Road. And item 10E is a nuisance abatement agreement for 12001 Hillway Road West. Would anyone like to pull any of those? Council member Shaq. >> Thank you, Mayor. I don't necessarily need to pull it, but I just wanted to make a comment about 10B and I would be happy to make the motion on the other items as well. >> All right. Um if you would um why don't why don't we why don't we'll take your motion and then we'll circle back. >> Thank you, mayor. I move to approve um consent agenda items 10 A, B, C, D, and E. And >> is there a second? Council member Romey, >> I'll second. >> All right. Thank you. So, we got a motion, a second. Before we vote, why don't you make your comment and then we'll we'll we'll get it all done with all of the information in front of us. >> Thank you, mayor. Um just regarding the Metro Transit contract extension, I think, you know, we've been talking about this this year and um with the work the the consultant work that was done, I think we all acknowledge that we're not receiving the service necessarily that would be optimal for the city. And there's some changes coming and I and I'm really optimistic about that. I was very appreciative in the staff report the reference to in the future considering um alternatives such as partial contracts maybe with metroransit and other providers. I just would note that um as a part of the 494 corridor commission, we talk a lot about transportation and you know that we get some updates from um Southwest Transit and I will say they've got some really cool things going on and not to say that we would that that's even necessarily an option, but I think there's some aspiration there when we look at some of what they're able to provide in the city of Eden Prairie and beyond. So, I was appreciative of staff acknowledging that um there are other options going forward and that we're never going to take our eye off the ball there. >> Thank you, Councilor Shack. And before we vote, any other comments on on this item. >> All right. Uh then, Miss Larson, would you um please call role? >> Rome, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Shaq, >> yes. >> Wilburn, >> yes. >> Calbert, >> yes. >> Yes. Motion carries. The next item is consent agenda items requiring five votes and there are none of those. Um, so then excuse me, there is I stand corrected. I had to turn the page. There is one. Excuse me. Um, there's none on there's none on page one, but there is one on page two. So, so item 11 item 11A and again I will read this into the record. If there's any questions or if anyone would like to pull it, please let me know. um a CIP amendment for major equipment purchase. So, Council Calbert. >> Yeah, I'm going to make Mr. Manchester happy and move approval of item uh 11A. >> Is there a second? Council member Foster Bolton. >> I second. >> Very good. And and I'm confident Mr. Manchester was prepared if you if you had a question for him. But but um having since there were none, Miss Larson, would you please call roll? We have a motion by council Calbert and a second by council Foster Bolton. >> Romey, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Shaq, >> yes. >> Wilburn, >> yes. >> Calvert, >> yes. Wearsome, >> yes. Motion carries. Um, item 12 is introduction of ordinances and uh 12A is items concerning Marsh Run 3, a rental apartment development at 11800 Wisetta Boulevard. And Miss Thomas, I believe that is your report. Uh thank you mayor where some council members you're certainly familiar Oh go >> going to go back to that slide. I apologize. Uh miscommunication between uh Miss Wishnack and myself. Um the council is familiar uh with this property. You'll recall that back in uh 2024 you reviewed and and commented on a concept plan by Inland Development Partners. Uh that concept suggested removal of the existing office building that was built in the mid 1980s and construction of 26 threestory rental town homes um divided between four buildings on the site. And then earlier this year, you introduced a reszoning ordinance uh associated with the formal development proposal uh for the site uh which again was for rental town home units 25 just kind of a reallocation of those units between uh four buildings. based on the council comments at that or ordinance introduction from staff comments before and after uh that meeting, the applicant did choose to pause their application and re-evaluate. And so an entirely new uh development proposal was submitted uh last month before you hear this evening. It again calls for removal of uh the existing office building and construction of a fourstory 44 unit uh apartment building. The first floor of the building uh would be enclosed parking and a leasing office and then three stories of rental units above. This revised proposal does not include a resoning request. So in other words, this proposal will be reviewed and evaluated by staff under the standards of the PID zoning that currently exists on the site. The proposal does require a master development plan approval. Master development plans are required by ordinance for any redevelopment that occurs within the I394 zoning district. It requires a flood plane alteration permit uh for some fill and then recreation of flood plane on the site and that's 100-year flood plane uh not FEMA flood plane. And then finally, site and building plan review with uh expansion permits and variances. Site and building plan review is required for any multi- uh unit development. And the expansion permits and variances as you see on your screen are to wetland and flood plane setback. These are expansion permits because um the proposal does not meet the code requirement but it is an improvement over existing conditions. And then the variances are front yard setback and floor area ratio. I would point out and this may be a little bit difficult to read but uh this shows the original town home concept or the uh application that came in back in March and now this apartment proposal um the setbacks for the proposed apartment building are greater than those that were suggested under the town home concept and similarly the imperous surface percentage on the site and the floor area ratio are lower under this apartment plan than they were under the rental uh town homes. And this will certainly information will be included when this project um goes to the planning commission if you choose to refer it uh to them and we'll uh include it again in in your staff report. Master development plans can only be adopted by ordinance, which is why we're here this evening to ask you to introduce that ordinance and pass along any comments or requests to the planning commission uh for their consideration during uh their review of the proposal. Now, I'm going to turn it back to Miss Wishnack, but hopefully find the right >> Oh, you have slide. Here we go. >> Perfect. Perfect. Just an update for you on the EDAC's feedback on the affordability. So they did discuss it at their May 28th meeting and in that document um their packet it was to provide 20% of the units at 50% of the area median income. That would be um nine units total and then on the bottom you can see the mix of units. So, five onebedrooms and then four uh twobedrooms. And you can see the difference in rent on the right hand side of the screen. You can see the market rent for a onebedroom would be$1,823 normally. A 50% unit would be at 1241. And then on the two-bedroom, a market unit would be 2600 approximately. And then that moves down to 1,500 with a 50% uh area median income. They do uh they are requesting 850,000 of assistance. Um we will go through the normal analysis of that with the EADAC this week. On Thursday, we'll do the final um review of their financial request. We'll come back to you with a recommendation from the EDAC as well as our financial analyst at Ellers. So with that, Mayor, I'll turn it back to you if you have any questions. Um, and this is the recommendation. >> All right. Very good. Well, thank you, um, council. Um, we've we're familiar with this property. Um, any questions for staff, um, based on what was presented, Council Member Shack. >> Thank you, Mayor. Um, I know that I've been seeing in my email kind of observing from a distance a little bit that there was conversation about and a request at least by the neighborhood for a neighborhood meeting. Is that it that didn't happen? Is that right? Mayor Worerome and Council Member Shack, uh, city staff did not require the developer to hold a neighborhood meeting on this particular project. um staff has indicated to neighbors that they're welcome to contact the developer. We've also indicated to area residents that we as city staff would be happy to sit down with uh one or a group of neighbors. Um to date, we haven't had anyone um reach out directly asking some questions via email, but not asking for a sit down meeting. >> Okay, that's helpful. Thank you. >> Other questions? Council member Calbertt. >> Uh thank you, Mayor. I know this is just an introduction of ordinance, but um I did get an email about and I' I've been looking at setbacks um it as described in the packet. So, um, the de the packet the the information from the developer says that there are other precedents along Fairfield Road where the setback is only 30 ft just as they're asking for here. And I I didn't I didn't get out my ruler and go over there this weekend. So, I'm just wondering um if we can get information about that and um there have been a lot of not a lot but a few questions about um parking at Marshun uh two and my already and in my understanding of what's being proposed here so it's 44 units there are 44 parking stalls underground and 20 something surface uh uh surface spots and so I just get a little concerned um and I told Mr. funk today. I forget how many um sort of required it's in like the 1.5ish range for required parking stalls per per unit and I couldn't remember but I just feel like we're flirting with being underparked again um there. So I was just wondering what's the requirement? Uh, Mayor Wson and uh, Council Member Calvert, the requirement under the new parking ordinance is one parking stall per bedroom and then an additional visitor parking uh, 10% of the unit. So, in this case, 70 parking stalls would be required. That is for the units themselves plus visitor parking. So, this proposal would meet the parking uh, ordinance. Okay. Other questions? Council, is there um is there does the applicant make a any a presentation or have any comments? If they would, we take those and then we'll uh then we'll discuss it as a council a little bit. Good evening. >> Good evening, uh Mr. Mayor, council members. Tom Dylan from Inland Development Partners at 100 West Lake Street up in Weisetta. Uh, thank you for your mics are kind of tall or maybe it's my height. I'm not sure. Um, thank you for letting us make another presentation to you. Um, I think staff has done a great job in outlining what we have submitted on this. What what I would like to say is we've worked very very hard with the staff on multiple variations of this site. Um and I think we've come up with a plan that um has the staff's report support and has our st our our support as well. The one thing this property uh is constrained with is the size of the property and the setbacks uh based on the zoning district. The setbacks uh for this district are um are significant because they're related to larger properties. Uh I think it's a threeacre minimum in this zoning district. This property just assumed that one that was changed. So we have done the best we can. Uh we have made uh because if you applied those you'd have a little sliver of land that you could develop that you really couldn't do anything with. So uh so through all these different variations of what we've done, I think we've come up with the best plan. Um and this is the third and final phase of the developments that you already seen go up in the Marsh Run area. Uh on the parking issue, uh we do have 1.6 stalls per uh unit, which uh as uh staff has said, we meet that. We do provide the nine affordable units which is a very good thing for the city. Um and um we're here for any questions that you have. Uh timeline if uh if we get through the approval process we could start this fall or in the spring about a 12 to 14month construction period. Um happy to answer any questions that you might have. >> Very good questions. Council member Mey doesn't want to turn on. Thank you. Um I have a couple of questions uh staff andor yourself perhaps can answer. Uh first of all, what are we talking about in terms of our period of affordability for these units? Are we 30 years? Mayor, if I may. >> Yes. Um Miss Wishnack, >> thank you. Uh council members, it is a 30-year term as always. Um in the confirm. >> Yep. Thank you. Um and then the financing request is that via a tiff or how what I was wasn't sure I wanted that I was remembering correctly. >> Yeah, the mayor and council member Rome um there's tax increment financing involved. Yes. With the project. >> Great. >> Uh I think that's it for right now. Thanks. >> Right. Uh, other questions, council members? Um, you know, mine has a little bit to do with with u financing just because I know that the financing environment is challenging and interest rates are not as low as we as people got used to. They they're still not horrible in a historical context, but they are a lot higher than they were. and um you know a 44 unit um apartment building. We don't do a lot of those uh but we did approve one about that size in Glen Lake some time ago. Um and that approval remains open but that particular developer has been as we understand it unable to secure financing to get that that property built. And so I'm just wondering, you know, um wondering about the financing and are is that a is that a concern or because you're working with Dorne and larger entities or perhaps I mean I know every developer situation is different than creditworthiness and all of those sorts of things. But if you could maybe give us a little peak under the tent in terms of, you know, how you're finding the financing for this particular project because it is so similar to one that has had challenges with that in the city. >> Yeah. Uh Mr. Mayor, council members, I'd be happy to answer that question. >> Uh, first of all, uh, we actually, uh, the Glen Lake project, we actually looked at that. I had that under contract before. I think it's Mr. Abdo that has the project. >> Uh, and then we since then, we did look at his design because he was willing to sell it. And, uh, you're right, it it just didn't make sense to us the way it was designed uh, and laid out. Um on this project uh the you know the project cost the hard cost of this project is about $10 million all-in costs about $13 million. Um we uh we would uh structure that in along with the tax increment financing uh in connection with the affordable housing. We would blend that between uh a debt and equity piece uh the capital stack which you've probably heard before. And um right now on the marketplace for this size deal uh with some of the local banks and the regional banks here, it's it's actually not a bad time if you can get the numbers to work. Interest rates are an issue. Uh hard costs for construction right now. If you can get a project going, they're actually they have modulated which means they're not increasing. Doesn't necessarily mean they're decreasing. It just means that the r the rapid rise has slowed down and sub some sub subcontractors are willing to narrow their profit margins on product electrical plumbing whatever trade you want to go to. Uh on the equity side that is still very challenging. Um there there is a certain level of return you have to get on the equity in order to attract to the equity into the project. Uh but right now because of the size of the uh the uh capital structure and such uh we have local investors that we've worked with for 2530 years that we won't have any problem raising the equity especially this size project and connected to the veil and the Burke projects uh you know the track record is pretty impressive right in that area. So um I don't think we're going to have an issue. Of course, we have to get it done, but um we've we've had pretty strong interest right now. >> Very good. Thank Thank you for that. That was very helpful. >> Okay. >> Um I think we're probably going to let you sit down, but um one last time, council, any questions? >> All right. I think we're good. >> Thank you. >> Thank you so much. So, I think that means we get to bring it back to us, right? And uh talk about um this project. Um any uh concerns or thoughts that we have. Um the motion is to introduce and refer to the planning commission. So I think our real job is not to say gee we like it we don't like it. Our real job is to say okay what do we want to learn about this project? Um so we have the information that we can make when we make a decision after the planning commission acts. So what things do we want the planning commission to discover for us so that when it comes back we can make a good decision. thoughts, councelor recalbert, >> I don't I don't want it to be um something that ends up being like a non-starter because as was pointed out in the presentation um the setbacks are an improvement over the town home proposal and um in some cases the existing building. But I do I do want to explore the setbacks. I do want to understand um sort of how they fit with other setbacks on the east side so along Fairfield Road because there's been a claim that you know a lot of the properties only have a 30-foot setback and if it really is just sort of the norm then maybe it's okay. Um and uh so this is just land use. I know that there's been some discussion of sort of cost per unit. Um I I was coaching the uh EDAC and sort of you know numbers on other projects um because we have some new really new EDAC members. But um I just think I think setbacks and um that's probably my biggest concern. >> All right. Thank you. Other comments, council council member Romey. >> Thank you, mayor. Um, building on that, uh, yeah, again, I guess I would be interested in having the planning commission looking at the variance, uh, issues and and basically how they compare to other developments in the neighborhood. Uh, it looks like it's a lot closer than, you know, the previous proposals have been. So, glad to see that. Um, a little concerned about the wetland setback. Um but you know just making sure that we're uh being responsible and sustainable in in terms of that and again looking at what other developments have uh have achieved or are what their comparable setbacks are would be helpful. Um uh glad to see that there's more green space in this proposal. Um, I would like to obviously hear more about any efficiency and sustainability um, features, EV charging, kind of things like that. So, hoping that the planning commission can uh, flesh that out a little bit. I know we have our standards, but to see if there's, you know, anything going above and beyond our our standards is always welcome or above and beyond state standards, I should say, is always welcome in terms of building efficiency and EV installation and so on and so forth. So, those are the things that I would like to uh the planning commission to flesh out a bit. Thank you, >> Council Member Shack. >> Thank you, Mayor. Um, two things come to mind and they're not, you know, I wouldn't ordinarily bring this up and an ordinance introduction, but because we had didn't have this concept as a concept plan review. Um, you know, I I I recall and and I when I see this building, I think back to initial concepts of the Burke and kind of one of the critiques at that time was just kind of the blockiness and the mass of it. And I see that here. I also recognize that you there are some limitations because of sight size, but that's not really our issue, you know, and it does kind of just look like a building plunked there in some of the images. And so, you know, I I would appreciate kind of some discussion about that. The other thing that feels very unresolved or or maybe it's as resolved as it can be, but I don't feel satisfied with the response that we've gotten. And that is um you know, I do know for sure because I've used it that way by a as a guest of somebody in the Burke um that Burke residents are using that parking lot as overflow parking. And you know that was a promise or a point made to us when we approved the veil. Well, we have this other space and people can park here. And so I would just like to hear about how with all of this density added to this area over the course of the past 5 years, how does Doran as a management company plan to address? There is no overflow parking left. And so if there is a parking problem, how is it going to be monitored and how is it going to be addressed? because as the W 2 council member, those parking problems come to me when you know people are parked up and down the street and I don't want to monitor the parking. That's not my job, nor do I want to continue to do that. So, you know, I I guess in when it comes back to us, I' I'd like to hear a little bit about the plan of action for how these three buildings are going to operate um under Doran management. Thank you, Council Calbert. >> Thank you, Mayor. And thank you for bringing that up, Council Member Shack, because that's why I mentioned it before in my questions because it's it's an ongo it's it's a very serious ongoing issue. And parking and parking, as our city manager frequently says, they're the some of the biggest uh problems. >> Are there any other issues really? >> Yeah, exactly. and parking and parking. But and and I also, you know, this is something that is going to be developed and we, you know, need to be pragmatic about what might go there. And I appreciate your design comments as well because that is something that um people uh that visit me from other places frequently comment on is sort of the lack of of architectural interest in the apartment buildings that are going up in the Twin Cities metro area. So I also appreciate that. Um, I also just I think there was an opportunity to be more comprehensive in that in on that corner with the Burke and Marsh Run 2 or the Veil now and now Marsh Run 3. I think there could have been a master development plan for the whole thing, gotten it all done, you know, at one time and not subjected the the neighborhood to literally five or 6 years of constant construction. And so no matter what goes there, I mean, you know, I just my heart goes out to the neighborhood because that's just a lot of disruption and um and construction. I really wish that um it had unfolded a little bit more comprehensively at the beginning because I think there there's some sense that that's sort of what was going to happen anyway and um there was some you know people were saying you know that's not necessarily true but it sure feels that way now and it would have been great. I think there would have been a more I think we wouldn't be talking about these setback issues if we'd been able to look at everything comprehensively. So, um I just wish it had unfolded that way. And I it's my one um chance to say something because if something like this comes before us again, I'm hoping we can sort of look at it more holistically. >> Other com comments, council? Um I I'll make a few. Um you know I think one of the questions that I will be grappling with and and would like the planning commission to think about is um you know the question I ask when we're confronted with something like this is if not this what? because it's clear that, you know, you've got 1.9 acres on um um I 394 um surrounded by housing. Um you know, there's a pretty high likelihood that it's going to be housing. Um the the question is um you know, what should that housing look like? And we we've seen a couple of concepts right now. and and I think that the um the uh layouts that we've seen are are about as attractive as they can be with the constraints that this property has. But I'm a believer in let's dig for creativity. Are I mean I know that you know when when the Burke was considered the Burke lowered part of the building and raised another part of the building because of concern neighborhood concerns and things like that. And while this site is really constrained, if there is an opportunity to maybe bring a little bit of creativity, more creativity and less boxiness, if you will, I think we would benefit from that because, you know, I do believe at some point, I don't know what it's going to be or who's going to get it, but there is going to be housing developed on this property. Um, and I also believe that I'm, you know, I'm encouraged by the financing circumstances and it sounds like that, you know, um, with a with a small, relatively small property like this and a small building like this, um, I'm encouraged that, you know, you can make the numbers work um, without having to do something really ridiculous. But, you know, are there things that we could tweak it a little bit more and and um and make it a little bit more creative and maybe maybe mitigate a few of the concerns that we know that the neighbors have? But, but I, you know, I really think that, you know, if not this, what is the question that ultimately is going to determine what gets built here? And so, um, you know, I think this is, um, a worthwhile and and credible perspective. And I can tell you that I've been at the Burke recently and um and I've parked in numerous places. I parked once in the parking lot of the future Marshon 3. I've parked in the um guest parking in the front of the Burke and I've also gone into the underground parking. Um and there are there there are spots available for that. And so, you know, I think I think some of the the parking issues, if people avail themselves to the alternatives, there are solutions there. Um, but they need to be well communicated and intuitively obvious, I think. So, I think that's some consideration, too, that the planning commission should ask for. Okay, how are you going to communicate your parking requirements and things like that? But because those are those are some real factors that affect the the livability of this neighborhood. But, um, you know, I'm I mean, I think this is pretty straightforward. Um, and I think it's I think it's a credible effort and, you know, but I want the I want the planning commission to, you know, I think challenge um challenge their thinking in terms of are there things that that we can do to make this better? Um, you know, there's 44 units. It's not a ton of density. Um, but I I think given where we are, it I I'm um, you know, I think we can maybe play with a number of units up or down a little bit, but I I think we're hardressed to make any meaningful changes there and have a project work out. So, but I' I'd encourage the planning commission to just ask some of those hard questions and um and see where we net out before they make their recommendation. And clearly, they will they will hold a public hearing so that the neighbors will will be able to raise the issues of their concerns too at the planning commission. So, council, any last shots? Those are my rather lengthy comments. Um, so we need a motion to introduce this and refer to the planning commission. Would someone like to make that motion? >> Um, Council Member Wilbert, you've been very quiet tonight. Nice to hear from you. >> Hi. Um, I move introduction of the ordinance and uh referral to the planning commission. >> Is there a second? Council member Mey. >> I'll second. >> All right. A motion by council member Wilburn and a second by council member. Miss Larson, please call roll. >> Mey. Yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Shaq, >> yes. >> Wilburn, >> yes. >> Calbertt, >> yes. >> We >> Yes. Motion carries. Um item 13 um is public hearings. We have none of those tonight. Um and then item 14 is other business. And third 14A is a preliminary plat with lot area variances for forma null a tool lot subdivision at 14705 Glendale Road and Miss Thomas that is your presentation. >> Thank you again uh council. This uh just under 1 acre property is located at the intersection of Glendale Road and Chastic Way and Eden Prairie Road. So, it's a property that we call a tri frontage property. It has frontage on three different streets. Uh, a roughly 1,600 square ft house was originally built on the property back in 1908. The current property owners are proposing uh to remove that existing home and divide the lot into two single uh dwelling lots. Though the lots would meet um dimensions with regard to lot width, lot depth and buildable area, the lots would not meet um our ordinance requirement for total area of 22,000 square ft. And the lots would be further reduced in area should the project move forward uh by acquisition or dedication of some right of way along both county road uh four which is Eden Prairie Road and Chastic Way. Um both city engineering and county engineering have noted that the rights of way on along these streets is substandard and so they would be requesting as we are able uh under a subdivision um to acquire that. This chart notes um the different dimensional standards. The areas that are shown here are areas after dedication of the rights of way for Eden Prairie Road and Chastic Way. To accommodate uh the two new houses, some grading would occur. Generally, grade in the area of the proposed homes would be raised about 1 to 3 ft and then grade between the homes would be cut or excavated to a similar extent. There are 50 trees on the site that are over uh 4 in in diameter. And our natural resources staff have determined that 45 of those trees are covered by the tree protection ordinance based on their size, their species, uh and their health. construction of of the homes, the drives, and then the grading needed to accommodate those would result in uh the removal of 12 high priority trees and one significant tree out of those uh 45. This would meet the city's tree protection ordinance uh threshold, meaning the removal would be under uh those thresholds. The subdivision was considered by the planning commission on June 24th. Uh staff recommended denial of the proposal based specifically on the lot area variance and the finding that it did not meet the variance standard as outlined in state statute and city codes. Specifically that the variances would not be consistent uh with neighborhood character. Though some of the lots in the area are um what we would say unders sized or or nonconforming in staff's uh view the majority of lots in the area do meet uh the standard. The commission discussed this project at length. Uh they made two motions. Uh the first to recommend denial of the proposal, the second to recommend approval. Uh unfortunately neither uh motion passed. Uh so this is coming to you without uh a planning commission recommendation. [Applause] Staff, we do uh continue to recommend denial based on those findings that were outlined uh in the written report and the denial resolution. Staff also prepared and hopefully you saw a resolution approving the subdivision if the council is so inclined. Uh this evening, as Mr. Mr. Funk noted, the uh change memo does include an additional condition of approval should you approve it to ensure that we're complying uh with the McMansion policy. I'll also note the other item in the change memo includes information uh from the applicant indicating that several of the lots on Glendale Road uh primarily those shown in uh red on the far uh right diagram here are substandard and were created after adoption of the city's 22,000 square foot standard. Um the the records that were provided certainly indicate that those lots were created. However, other than historical aerial photos and building permits um from the 1970s, planning files don't indicate h how they were created. Um other than we can obviously tell that they're here now. I would suggest that the fact that the lots were created 40 years ago by whatever mechanism would not alter staff's recommendation uh here this evening because again in our opinion the majority of lots in in the area uh do not meet uh the or do meet excuse me um the minimum lot size. So, with that, I would turn it back uh to the chair, excuse me, to the mayor and the chair of this body. >> Um, thank you, Miss Thomas. Um, council, any questions? Um, based upon the staff report. Council member Calbertt. >> Thank you, Mayor. I have a couple of questions and I ran them past Mr. Funk earlier today as well. So, I visited the property and, you know, I'm gratified to know that that tree removal would be within um ordinance. However, there are a lot of um unhealthy trees um that look like they're not going to make it anyway. And so, I'm just wondering, how are we calculating? I mean, how are we counting the trees? cuz some of these trees don't look like they're going to be alive whether they're they're removed or not. So that's that's my first question. My second question has to do with the right ofways. So I visited the property and my understanding was that there was also some additional right ofway along Glendale and um but that that's not indicated here. Um, so I just wanted to make sure I'm really understanding like the where it is and what the total sort of square footage is of the right of ways that were rights of way that we are talking about. >> Uh, Mayor Worman and Council Member Calvert. Um, the right of way along Glendale that dedication, it's a little bit difficult to see. Oh, wrong mouse here. Um this area shows that uh dedication um that was already proposed as part of the plat. The additional right of way that uh the county and city engineers have indicated is needed is shown in a red here. So if the council were to approve this proposal, um the final plat would come back to the city and the lots would be a little bit smaller from the east side and the west side. The north side remains the same. The lot areas that are shown here on this chart are the resulting lots. So the right of way, the red areas has been taken out um from these numbers. So that gets to the the rights of way. Um the second question about trees. Um there are 50 trees on the site. Our natural resources staff has evaluated those and determined that five would just not be counted um due to whatever uh reason. I would say though when natural resources staff looks at health versus perhaps when uh an arborist looks at health, that's a two different types of health. Um we're not looking for um specimen type trees. So, a a tree that is in fair health, we consider a a good and viable tree. Not sure if that answers your question. >> Yeah, I mean, you know, some I mean, we have species. There's a lot of buckthornne going all around the property. So, that's, you know, I'm assuming that's not really tree count. Um, but there are four pine trees that look like they're not long for the world. I mean, they're they're hanging in there, but um aren't looking like healthy. And there are several other large trees that just the the healthiest trees on the property are some black walnuts that are actually incredibly impressive. Um but there just looked like there were a lot of trees that um would likely not survive too many more years as it is. So yeah, I just wasn't sure how we were sort of counting all the trees on that property because I think some of them will be gone whether we they are removed for construction or not. >> Other questions? >> Council member Kley. >> Thank you, Mayor. I guess I have a question about the zoning. If our zoning had already changed, do you think this would be a conversation that we would be having? >> Chair Woram and and Commissioner. So sorry. I will sooner or later remember to >> planning commission on your mind, Miss Thomas. >> I'm writing planning commission reports this week. Um, council member uh Kley, um, the zoning ordinance update, as you know, is underway. One of the things that's being considered and and one of uh the questions that we're asking both at the Summerfest and in the phone survey that will be conducted uh this month is about lot size. Um where that ends up uh and what that lot size is or if there is a change. I think staff is uh we don't know where that may lead but it is a question um that we have and that's being asked. Councley, >> one more question. And so the lots are a little bit bigger than what the area needs um for that area. Um and so and so um is the the problem is that the lot is the two houses is too big for the lot. Is that what we're having? Uh, council member Kley, >> for the split rather for the split, >> the the specifically um the the requirement in the current um subdivision and zoning ordinances states that newly created lots have to be 22,000 square ft in size and each of these would be just over 20,000 square ft. So it's this column and these numbers that the variance is required uh for and really the reason that this is at issue this evening. >> That's all the questions I have. >> Any other council member? >> Thank you, mayor. Um, I guess maybe you could help me uh understand a little bit of the uh what what we're looking at in terms of maximum house size based on a single lot versus the uh potentially subdivided lot. I know you're talking about the McMansion policy. I think would help all of us to kind of understand or at least me. >> Uh, Mayor Worerome and council members, um, the McMansion policy or the floor area ratio policy applies only when a lot or a home is requesting a variance. It's at that time that the city can choose to put a cap, so to speak, on on the square footage that can be built on a lot. And what we as staff do is we run the floor area ratio for all of the properties within 400 ft and 1,000 ft on an adjacent road. So these properties that you see on the right hand uh diagram here um we look at what is the total square footage of those homes divided by the lot area to establish a maximum floor area ratio and then apply that to the the variance that's being requested. So in this case um each of these lots is uh I rounded to roughly uh 20,400 square ft. Applying a 0.22 which is the maximum floor area ratio that already exists in the neighborhood we get a resulting um 4,000 I apologize I don't have the change memo in front of me. um 4450 uh for maximum square footage. If someone were to choose to just build a one house on this lot, so they remove the existing house, we don't subdivide the property, the McMansion policy would not apply because there's not a variance that's being requested. So essentially, someone could build a home um so long as they meet the setbacks from all of the property um lines and provide adequate um storm water management. >> So um I'm sorry, can I Yeah, just following up on that. So assuming that they, you know, there's no limit to the size as long as they are observing setbacks and don't require any other variances. It could be 10,000 square ft or whatever they want it to be. Okay. Correct. Thank you. >> Other questions, council? >> I'm not seeing any right now. I've got a couple. Um, if you go back to the prior slide that with the layout. Um, could you provide an explanation on how what the process is? And this may maybe Mr. Nilson's going to have to weigh in. the the legal process whereby um these additional right ofways um are required and um acquired by either the city or the county. You know what's that process? because um the um this is uh because this appears to have been and correct me if I'm wrong um uh requested or required because of redevelopment and had the had there been no redevelopment would these rightways have been uh requested or required? And then what what is the process? Is there um is that just part of the um application process where you have to agree to the appropriate right of way that is in code now or I just I'd like for the benefit of the our other council members um just a little clarity on that for me too. So >> I'll I'll start Mayor Woram and then um the city attorney and uh public works director may want to jump in >> and I apologize I I didn't give anyone a heads up that I was going to ask this question. So my my apologies for that and uh um and this is an introduc No, this is not an introduction. So yeah, um please do the best you can. Thank you, >> Mayor Wearsome. Uh when a development proposal comes before uh city staff, it is reviewed by the city's um development team, which includes members of pretty much every department and division here on city staff. When a subdivision is proposed on a county road, we also route that application uh to county engineering staff so they can review that. Um when our groups uh note that there is um deficient right of way, a subdivision gives the city the opportunity to have that right ofway dedicated. Essentially, the applicant is requesting something from the city. The city is therefore requiring the dedication of of rights of way. If the subdivision was not approved and say Chastic Way was um upgraded in the future, which I don't believe there are any plans for at this time, but were upgraded in the future and the city um needed that right ofway at that time, we would have to compensate uh the property owner for um what is called a taking of that that right of way. Thank you, Mr. I don't Mr. Manchester, you have anything to add? >> No, I think Mrs. Thomas covered it well. Right. Very good. Well, thank thank you for that. That was that was helpful to me. Um, just a follow-up question to that. Um, if this were a not a lot split and so someone was coming forward with a plan to redevelop this property, tear down the existing house and and build whatever they, you know, are allowed to build. Um, would we similarly have the rights to um requ uh request that right of way or or would we would that have to be compensated acquisition under that circumstance? >> Uh, Mr. Mayor, I believe that we would not have the opportunity to take easement or right of way, but Mr. Nielsen can correct me if I'm wrong. >> He he just gave a nod. I'm I'm going to take that as an affirmative. >> I I agree, Mr. Mayor. Um Miss Thomas is correct that in that instance, the city would have to negotiate the acquisition, which could be an arms length negotiation or or through eminent domain. >> Great. Very good. So I mean just to conclude that um line of questioning and thought then. So essentially I mean the variance creates the opportunity for the city and essentially the the um right-of-way um opportunity for the city is kind of a quid proquo. I mean you're asking for something from the city. The city is going to in return the the right of way is granted to the city. Is that a fair way of saying it? Maybe not quite um legally um legal legal ease is not quite right, but is that essentially what we're dealing with? >> Mayor Woram, I would just clarify that it's the subdivision that allows to acquire the variance, not the variance. Correct. >> Okay. Thank you very much. All right. >> Council member Foster Bolton. >> Sorry about that. Can you go back to the lot this one? So, math is hard. So, when we're talking of and from my calculations, we're lot one is like 1,600 square feet short and pretty much the same. So, we're talking 1,600 square ft. >> I would agree. Uh, council member Foster Bolton per per lot. >> Okay. Thanks. >> Thank you, Mayor. >> Any other questions? All right. So, I think we want to hear from the applicant. And so, if you'd like to come forward and tell us what your plans are. I think we've asked quite a few questions of staff, but uh go ahead. Welcome. Please provide your name and address. >> Uh Emily went 5328 Spring Lane. >> What lane? >> Spring Lane. >> Spring Lane. Okay. Thank you. >> The high school >> and Jesse went. Um so, thanks everybody for your time. Um, so I guess first of all, an introduction. Um, I'm a small builder in Minnetonka. I've lived here for almost 15 years now. Um, officially on my own. I used to do this like as a a part-time gig off the side of my desk um, in the corporate world. And as of a week ago, this is my job. So um, just a little backstory there. So, my goal is to build uh homes that are high craftsmanship, highly efficient, sustainable, all of those sorts of things. We always do spray foam, create an airtight envelope. We pre-wire for um solar panels where possible, do conduit where possible to help with that. Um use high efficiency heating cooling uh units, whether it's furnaces, heat pumps, that sort of thing. um wire for um EV usage in the garage to make sure that we're ready for for the next thing that's coming down the road. Um our goal is to leave a neighborhood that's better than where we were when we started. So that's kind of our introduction. Um so with that said, um I might be misconstring some things and maybe saying them incorrectly, but I apologize if I do. I'm I'm going to do my best. So, um, my understanding is that there's three items that we need to to be able to approve a variance. The first one is, is the intended use reasonable? I I think we all agree that having two homes there is reasonable that that is there. Um, the next one is, is there something unique that is not self-imposed here? So, I'll try to make this story short and as concise as possible, but when we originally bought this home or this property, we had intended to work with the neighbor to the south to add the amount of square footage that would put us over one acre that would then allow us to split the lot. In doing so, we were working with our survey crew. he reached out to the county and we were notified of the right of way being taken away. And so to me, we kind of just took that off the table. We Why jump through one hoop to make it over an acre over two half acre lots to immediately bring it back down below cuz we could only feasibly get 7 800 square ft from him. And um so that that's kind of how that all played out. Um so that that's the uh unique constraints there. The the next thing that we have is um do we fit in the neighborhood? Um could we go to the next slide please? So I think the big thing from my perspective is that there's a difference in what a neighborhood is between how I would calculate it and how staff calculated it. Um they had went 1,000 ft up County Road 4 and 1,000 ft south of County Road 4. And no uh no knock on the houses on County Road 4, but they're on a county road. They're built differently than a neighborhood that is off the beaten path and on a side street. So this, in my mind, is our neighborhood. Um, with that said, I did did some calculations here. Um, one is the approximate 400 square ft or 400 ft from our property. Um, and if you calculate those out, there are 23 lots there. Um, those lots were, sorry, I I'm confused some numbers, so let me let me back up. Um overall this whole sheet we've got 30 lots there. 11 of those lots are conforming. That that is 63 um.3% are non-conforming per per my calculation. Um and then if you don't count any of the properties that are on County Road 4 and the flag lot to the north that's uh 1.9 acre 09 acres. There's 23 lots and six of those are conforming. So when you drive down the street, it really and when you drive down Glendale and you drive down Chastek, I I truly believe we would fit the neighborhood. And then on top of that, and again, I don't know that this really matters, but I did extensive research at the county's recording office over the last week. It was a lot of fun. um learned a lot about the neighborhood, but all of the lots to the far west on Glendale, starting with the 39.37.38, all of those were built and split in 78. Moving east, the the two to the east that are 42 acres were built and split in 72 off of the lot that's 61 acres. And then the house directly to the north of us that's 43 acres was built and split in 1973. So not that a wrong makes a right or however you want to say it but to me those are those are some contributing factors to our story. Um next slide please. And then in conjunction with all that, um, going back to the frontage, really the two lots to the north of us are the only ones that have a comparable frontage. Otherwise, we're bigger than every other lot in the neighborhood. You walk down the street, you won't be able to tell the difference. So that to me, that that isn't altering the the character of the neighborhood. So, uh, next slide, please. So, um, the the picture in the bottom left is a rendering of the home that we're planning to build on the west side if we're approved. The pictures on the east are actually our home on Spring Lane. Um, very similar home that we would plan to build on the other lot eventually, but again, um, we're not looking to big build big flashy homes. We're looking to build quality, sustainable, efficient homes. Next slide, please. So, as Susan um mentioned, we essentially meet every code other than the the actual square footage of the lot. We're 325 square ft per lot short prior to the right of way being taken. I don't know what the right way word to say there, but we're we're 1.5% off. So with all that said, um any questions? >> Council questions for the applicant. Council member Foster Bolt. >> Um so the the addendum the um that the the McMansion policy addendum. Did Did Was that your idea or >> It wasn't our idea, but it was in the original report that we would meet it. And so I just threw it in here that we were, you know, we know we're not going to be anywhere near it. We're looking to build homes that fit the neighborhood. So >> other questions, council, >> I think you're Oh, Council Member Mey, go ahead. >> Yeah, thank you. Um, so we did we discussed a few things when I was out on site taking a look at it last week and you you know I was impressed or you know kind of heartened by the fact that you said you were doing a lot of um high efficiency building and and and you know doing that in some of the other builds that you're doing and I know I can't base my decision on that here but I would love to know kind of what your plans would be. The problem is obviously, you know, we approve this and there's I'm not sure there's any way that we can condition it on it, but I'd be, you know, really like to hear what you would what you would plan to do because you spoke about a few things in terms of EV readiness, you know, high efficiency, things like that. Could you talk about that a little bit? >> Yeah. So, right now the the house to the west, our plans are done. Um, and those plans include spray foam, close cell spray foam insulation, so the envelope will be tight. We're going to do high efficiency furnace like 98 or 96% efficient furnace, high sear AC units. We will wire the AV EV chargers to the garage so that they're ready for it. And depending on the buyer, we'll we'll likely just put conduit to the roof for solar and leave that as an option. >> Okay. So, it be solar ready. >> Be solar ready. Yep. >> Okay. And uh >> and and uh low E windows like Energy Star windows. >> Okay. That's that's good. Good to know. And just getting really wonky and geeky here. What's your R value that you usually put in? >> Uh, so I normally do 4 in of close cell, which it's 7 R seven per inch. So approximately 28 give or take. So it's significantly more than minimum code. >> Okay. Thank you. >> I I I don't believe in minimum code. >> Thank you. Neither do I. So thank you for that. >> Other questions, councel? All right. Well, thank you very much. >> Yep. Thank you. [Applause] >> All right. So, I guess it's our turn. Um, Mr. Fun and just by way of process, mayor, maybe just to confirm with Miss Wishnack, is there comments from the neighborhood or the public? >> Um, thank you for that. Yeah. Um, if there Go ahead, Miss Wishnack. No, there is uh information in your packet, but you should probably ask if >> Okay. Is there anyone from the neighborhood who has an opinion on this and would like to come and share your opinion? Yes, please come forward. State your name and address. Um Mr. Funk, thank you. Keeping me honest there. That's good. Good evening. >> Good evening. Thanks. My name is Joe Fraser. Uh we live at 4013 Baker Road. Um, but we are also part owner with our daughter of a neighboring house on Chaste Way uh to this potential development. And I just wanted to make a couple of comments uh for consideration. Um we know that uh one of the kind of uh like like a burden of proving uh we we really do believe this is you know section B of the variance standard um putting two homes in where there is one now obviously would be for economic considerations. So I we didn't feel that that met that section of it. Um, we also do have concerns about uh a variance and getting away from standards that are being set up. Um, I I know there's examples that have been stated of lots that have been broken down before, but those the ones that have been mentioned here seem to be pretty ancient history. And so setting a standard going forward, we would just like to make sure that everything would be stuck to codes and in and what has been written in there. Um, so I guess if we have any concerns about uh it could change the neighborhood. Obviously when you're in the neighborhood you and you're used to it, you like to keep it that way. Uh, most people do feel that way. And I know that progress and everything goes on like that. But just to make a comment for the people in the neighborhood right now. It it could create undue uh burdens going forward or changing things negatively to what is currently in the neighborhood. And so that's really the comments I'd like to make. >> Great. Thank you very much. >> Appreciate it. >> Is there Is there anyone else who would like to make a comment? >> Don't be shy. >> All right. Thank you. Well, I'll bring it back to uh the council. Council member Mey, >> I thank you, mayor. I just um based on that comment, I just wanted to make sure I'm understanding um again from staff uh the difference in housing size limit um the square footage that could be put in if a single if we if we weren't to go forward and and did not allow the subdivision, it could be an 8,000t house and there's nothing we could do about it. So it could be as big as somebody wanted to do. Whereas if we subdivided it, it would be um you know upper limit of of 4,000 square feet. Is that correct? Can you just >> Mayor Woram and council members, that is correct. I'm going to try to draw my mouse here. I'm not sure if you can see this my cursor, but this outlines the um setbacks or the buildable area of this property as one lot. So essentially, you're you're correct. there would not be a a limit so long as the setback requirements were met. >> Okay. Thanks. I just wanted to make sure I I understood. >> Thank you. >> All right. Council, um comes back to us. Um what what are your thoughts on this proposal? Um as as the u chart indicated um it requires four votes to deny because that is the staff recommendation and it would require five votes um uh supermajority um five votes to um to approve. Is that correct >> mayor? That that is correct. And that's based on the variance. Variances always require five votes. That's correct. >> Okay. Very good. Thank you. I'm I'm I'm getting the right numbers right and the wrong reasons, so pardon me for that. >> Yes. Um you may. >> All right. I know I know this has been addressed like multiple times already, but um when we're talking about the the right of way, I I get that engineering has said it we need more why why do we need more right away? And like what? Yeah. Why? >> Uh, mayor worome and council member uh Wilburn. Um, I think this diagram is the best and hopefully you can see the right of way for Chastic Way is very narrow in this location and it's much wider uh in the location to the south. And so when there is an opportunity to create a um more typical right-of-way section as there is during the subdivision, the city likes to take that opportunity to to create a better situation for future projects. As I indicated, I don't know that we have a a future project like for instance in the CIP for Chastic Way, but this subdivision um puts us in a better position for a future project down the road. So, like just theoretically if they needed access for sewer or or utilities or or something along that lines or sidewalk. Okay. >> Correct. >> Thank you. Other other questions? Uh >> or comments? Comments. We're we're good for comments. So, um, yeah, I went out there, too, and drove around and talked to the owners. Um, and from what I saw, there were I mean, like we're there there's going to be trees that are saved. And so, standing in the middle of the yard, I was looking and I didn't see a lot of like from the view from the street. I thought, well, some of the trees um would cover up the houses. So, it's not like it would be when we talk about out of character of the neighborhood, it seemed like driving around there was, you know, the houses were all pretty regularsized. I mean, there were no mammoth houses and there were trees in the um the yards sort of blocking the the houses. So, in terms of like, and I don't think I'm explaining myself that well, but when you're driving around, to me, if I was driving around that neighborhood and I saw a mammoth house on this one property and then drove around the neighborhood, that seemed would seem to me to be out of character with the neighborhood. And so I tend to support the the subdivision because the houses are smaller and driving around that's what I saw in um the neighborhood and the the um when I think about those these mammoth houses that are built. There's like these really big lawns and all you see are the houses. There are no trees and that wasn't my perspective when I was out there. Um, so I, you know, I I'm not good at lot sizes and stuff. It just didn't seem like the buildable area was too small to me. Didn't But, you know, I don't I don't do the calculations in my head very well. So, it just was kind of the smell test sort of for me. >> Council member Shaq. Thank you, mayor. You know, I I think for me, I always struggle with a situation where, you know what, we've got zoning code and we have it for a reason. Uh we also have pretty aspirational goals about infill and maybe making slightly more efficient use of property. Um, you know, this is a situation where I think we could really I I think honor the character of the neighborhood by really having these smaller homes. I mean, I look at some of the homes that are going in in my neighborhood that are so big um and would would really be stark on this on this lot. and we and there's nothing, you know, we somebody could sell the lot or or these developers and put one of those 8,000 9,000 ft² homes on there, no problem. And that would to me, as as council member Foster Bolton indicated, not be consistent with the character of the neighborhood. So, I do think and and I respect staff and I know this was a function of staff probably kicking the policymaking decision to the council and I really appreciate that. I respect the recommendation, but I think we're so close here without asking for flood plane variances or wetland encroachment or variance of the tree ordinance or any of these other things that we see in some of these other applications that make it harder to make this decision. Um, this also combined with the full frontage. I mean, really the right the the frontage for this house has a lot of frontage. Um, but I think that makes the lot feel even probably bigger. Um, so I'm supportive of this. I also see on the horizon that we do have some changes coming and I don't want that to be a reason for us to just spend the next year and a half making willy-nilly granting willy-nilly variances. But I think this checks enough of the boxes and really fulfills our goals under the comp plan and and just under our even our um mission and vision statement. So I I came in here really not knowing where I was going to land, but I think I support granting the application. >> Other comments? Uh Council Member um Calbertt. >> Thank you, Mayor. Um I'm still really conflicted um in reading the supplemental background report and you know once again you know not not having a full um commission to make a recommendation was it's just really disappointing. This is one of those times when it would be really great to have the seven votes. So we it would have gone one way or another. But I think that they were conflicted because they were dealing with the rules that we have. And in reading um page three um about the count about the commission recommendation. It said the minimal lot variance requests less than 400 square ft are are a circumstance unique to the property. But it's it's it's 1,600 square ft which is much bigger than the footprint of my house just of my whole house. So it's a big variance and um on the other hand some of the practical difficulty is created by the the it by the right ofway um and it would have been closer to the 400 and that is in many ways a public benefit um uh so uh and I just I don't really like the way it looks on the um image that's on our screen right now with the houses so close together. Um I don't think that they would like to be that close to their neighbor when there's that much property around. Um uh but um and the other thing is I don't know I know that I think it's on the north side there's kind of a forest buffer between the house and then some of the the the neighboring houses but I also know that on several sides of this um house it's it's going to feel really bare because there are trees that are going to come down and there are trees that are going to need to come down because they're not healthy. And then there's basically a thick thicket of buckthornne around at least three sides. So I think the neighbors will feel like that property is all of a sudden a little bit naked. Um and so I'm I'm really conflicted because I think some of the I think some of the tree buffer actually will go away. um >> the buckthorn buffer, >> the buckthornne buffer, but also the but also the trees because there just really are a lot of of um trees that just don't look like they're going to make it. So, um, personally, um, I feel uncomfortable either way because I do feel like it, um, we are rewriting the code to try to figure out, you know, how to use the remaining developable land, um, in our community. Um, but it hasn't been done yet. So, I kind of feel like we're jumping the gun if we approve. And if we don't approve, I feel like um the concerns that my fellow council members made about having some 10,000 square foot house is something that would be actually likely. And um I think that's is uh not the highest and best use. I'm not sure that two of these houses are the highest and best use of that land, but that's that's to me a better use than than than a literal mansion, not just a m mansion. So, anyway, still conflicted, but um those are my thoughts. Oh, and one more thing. Um I actually appreciated the staff laying out um the conforming properties. I think that actually is a more people can use statistics to prove a point no matter what point they're trying to prove. And while I appreciate the applicant um and and why he had the radius of the properties that he had, if you really look in the neighborhood at large, overwhelmingly it's conforming properties. So, um, you know, I think the staff was more true to the overall neighborhood. So, I appreciate that. Thank you. >> Other comments, council, >> anyone? Go ahead, >> Council Wrain. >> So, more of a question again based on council member Calvage. So like when we if we were to approve with the pre preliminary plat and the and it shows like the proposed locations of the houses, they could come back with a different uh proposal for those houses wise as long as it fits the ver, you know, fits within the rules. U is is that correct? uh Mayor Woreram and and Council Member Wilburn, um they could come back with a a different uh house design uh certainly in a slightly different grading pattern, but if you'll recall from a couple of meetings ago, when the council approves a preliminary plat or a final plat, we have conditions that say and grading has to occur with substantial conformance with the previous approvals. So I would say the the general grading area uh would remain the same. Um the tree removal would have to remain the same. Could there be tweaks to how the grading actually occurs in the house design? Yes. >> Okay. [Applause] Um yeah. So, I mean, I kind of am in agreement with with uh my my fellow council members on it, and I feel like I get I'm a little hung up on the the is the what is it condition not of the the homeowners >> or the creation? property owner making um like I kind of feel like it's not their fault that the right of way you know what I mean um but also does that count and and again like I know that we're dealing with the zoning code that we have now and and the rules that we have now so we have to make our decision based on that. Um, but also it's so close even with the I mean I know 1,600 ft is a lot but again that's with per >> per but that's a a big chunk of that is the the right of way and then so um I don't know I guess that didn't really >> but that so that's kind of where I'm struggling with like is this does it really meet the the the criteria. >> All right, Councilor Mey, >> did you >> I did >> I thought you Okay. All right. >> Thank you, mayor. Um, yeah, again, I to I very much respect staff's recommendation on here and the reasons why. Um I I you know struggled with this uh a lot the last few days and I also went back and watched again the planning commission and I appreciated what they were saying is that there's you know kind of the rules but the reason that we have you know a planning commission and also city council weighs in on these issues is to you know if we were going to just do that we could do the rules. We won't need the council. We wouldn't need the planning commission to look the at these human aspects and what's good for the neighborhood and um what what are our community goals regardless of what you know kind of the letter of the law. What is the spirit of what we're trying to do here as a community um and for this neighborhood and and my concerns are again and I think I brought this up through my questioning is that if we don't subdivide this we're going to end up with something worse for this neighborhood. they can get like a 8,000 7,000 foot house that would be totally out of character for the neighborhood. Um, if you have two smaller houses, obviously we have a housing issue here in Minnetonka. Now, these aren't going to be lowcost housing. No, but it's going to be more housing and they're going to be more aligned with what's in the neighborhood. And um and while I wish we could, you know, I could somehow hold uh the Wentz to, you know, the high efficiency, I'm really pleased that they're going to be doing things like, you know, doing the EV charger, solar ready, all of these things. I wish we had more builders who were doing this as a matter of course in in building. So, I acknowledge and appreciate the, you know, the struggles that, um, we're having here. But I think when we, you know, get out of our green visor, you know, looking at, you know, codes and numbers and looking at what what we're trying to do as a community and what's good ultimately, it would probably be better for this community. Um, for me, it I I I have to agree with uh Council Member Shaq and and I'm going to be supporting this subdivision. >> Very good. Council member Kley, >> I guess I'll say something. No, I was um kind of leaning more so supporting it as well. I'm a little different on what how I see housing. Um I truly believe that um we need more houses in our city. um even though this is not the affordable housing um because this is going to be new built um at some point um when they come for the application to build if we get approved at that time um and so I know it's different from what I um normally would support for is affordable but I also know that um we need more homes and people need homes and um I know we're doing the resoning I know it's before that. But um in my mind, I'm not a planner. I don't have all the um square footage down the and even understand all the um everything that entails building a new home and the rightways and all of those things. But what I do understand is that um this is an opportunity to move forward um with our comp plan and with our resoning and also um to help folks live to live in another home. So um if we can do that um I'm for it. So it looks like we have several council members who supports it and so I'm also in support of it. So, anyone else? >> Um, I'll I'll weigh in. I've um this is not an easy one. Um, and the the um um planning commission demonstrated that um they they were unsuccessful at passing either resolution. And um and I'm not saying that's bad. I'm saying that it speaks to how challenging this is. Um, you know, there are some things that concern me about approving this and there are some things that cause me to say um, you know, I'm not going to speculate on what ch zoning changes are going to be made because I mean to me that's irrelevant. We may the zoning changes may be 100% 100% form and no change in substance. That's a possibility. So to sort of hang on, well, we're going to make some changes. It may be that we really or reorganize our um zoning code and have a lot of nice charts and make it easier to understand and not change anything. That's a very real possibility. So to to hang my hat on changes that may or may not come, well, changes may or may not come. I'm not there's there's nothing definite that um I understand why staff made its recommendation and approving this from a planning perspective is the wrong decision. From a pure planning perspective um you look at what's there. You look at um the um the size of the lots that exist in the neighborhood. you look at the values of the community and and you say, "You know what? Um, this falls short." But I'll tell you what, I've had lots proposed lot splits. Now, I've been around for a long time. I've seen lot splits that have fall failed and they were roughly between 50 and 100 ft short for both lots. Um, I mean, you know, the the the lot size requirement in Minnetonka is pretty darn sacrosanked and councils in the past have indicated no desire to compromise on that. So, you know, I if I were on staff, I'd recommend denial. Um, if I look at the the reality of the fact that there are streets on three sides of this, um, you know, this is in some ways not a particularly desirable lot. And it's, you know, it it does have some real issues. And I look at the reality that in that entire block, every lot extends from Eden Prairie Road to the street behind a chestic. Did I did I say that correct? Chestic. And so this would be the f if we approve this, this would be the first one that was subsidi that was um subdivided um in that entire block. So you talk about changing the character of the neighborhood. Those are the types of things that change the character of a neighborhood. So again, I'm not a planner either, but if I look at planning principles and say this is the driver for me, I would I would vote to um not support this and and I salute staff for staying true to their principles. Um the challenge for me is um we as a city and we as a um as cities in our region are spending a lot of time talking about housing and we're talking about um um um you know I have fought pretty aggressively at the capital. Not every council member here agrees with me. U but I fought against preempting cities um rights to make decisions for what's appropriate for their city and and um and I will continue that fight because I do not want the state preempting um the opinions of the residents of our community. Um that's why we do this. We hear from our residents and we make the best decisions we can. And I would say that if it weren't for the McMansion policy, which was also an attempt by the city, by the this council to restrict the size of houses that get built in some lots like these um because um you know um variances are common. Um, the McMansion policy is what really could allow me to um to vote um to um to allow this subdivision. Because while not every large that's redeveloped is going to get an 8 to10,000 or 8 to10,000 square foot house. We've we've lived with the experience that most do and we've also had experience as a council when we've we've worked to restrict the cost of the housing that's being built. I mean, the typical new build in Minnetonka, uh, Miss Wishnack or or Miss Thomas, it's over $800,000, right? The typical new build, the average new build in Minnitankka is what, $850, $900,000? >> Yeah. without the lot mayor >> without the lot without the lot. So that's that's the reality we're dealing with. So and land is expensive in Minnetonka. So when you look at those two factors um you know that that forces you forces a developer to build big houses because the the numbers don't work if they don't. And so I'd say the likelihood of us getting a bigger house than we want if we don't allow this subdivision is pretty darn high. Will it be 10,000? Or maybe it'll only be 8,000. But but the house will likely be $2 million plus. And while $800,000 is not affordable, I'm going to say something revolutionary. It's more affordable than 2 million. and and and so, you know, I think I think staff made its recommendations for all the right reasons, but the McMansion policy, which is an which is in an effort to limit the size of houses that are built and the property in Minnetonka and and hopefully make those houses somewhat more affordable. And whenever we we don't give develop we we wish for certain pricing targets but we never get them. And the houses are always more expensive than they hope we hope they're going to be. And I'm confident these houses are going to be more expensive than I hope they um they will be. At the end of the day, they will be smaller and I think they'll be more consistent with the neighborhood than than they would be if we didn't allow the subdivision. So, that's a that's a lot of mumbo jumbo to say that, you know, I think staff made a good recommendation, but I'm going to disagree with it. not based on the mer the merits of their recommendation is there and I support them but the unintended consequences of sticking with that recommendation will be that we end up with something we don't want. So for that reason just being practical I'm going to end up supporting the subdivision. So that's my pardon me for pontificating a bit long, but I mean it's re this is I mean I spend a lot of time thinking about housing. I mean a lot and I care about housing and I want Minnitanka to be as affordable as we can make it and that's not very affordable. I hate to say um but anyway so that's that's my rationale. So, Council Member Calbert, >> and I just I just want to thank all of the council members that are appropriately articulating our gratitude for staff for their professionalism because really everything the mayor just said is very true. You made the right recommendation for the right reasons and the rationale was spot on. And um I've been spending a lot of time talking with our residents uh in the last few weeks and this is a topic and they ask, you know, why are we even considering zoning? Why are we considering this? You know, why do we need more housing? Well, we need more housing. And I think the mayor and council member Shaq um really articulated well some of the um what makes this decision hard. um and why even if we agree with the staff recommendation, it's not necessarily the best thing to approve it. Um because there are some unintended consequences that I think we all kind of know would happen. >> Council member Foster, >> I don't want to be long- winded about this, but um I I really do appreciate the staff as well. I didn't I didn't mention it. I know. I don't think that like personally you you you take it personally because I really in my head I was thinking I I think I know why they um recommended denial and so I appreciate you. >> All right. Could all gather together and sing kumbaya when we're done with this. But but um so count any any last comments or um a motion? Council member Shaq. >> Thank you mayor. I will make the motion to approve the subdivision based on the resolution of approval contained within the packet. >> Miss Miss Thomas >> with the addendum. >> Very good. Okay. Thank you, Council Member Shack. Council member Foster Bolton. >> I'll second. >> All right. We've got a motion by Council Member Shack and a second by Council Member Foster Bolton. Miss Larson, please call roll. >> Rome, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. Shaq, >> yes. >> Wilburn, >> yes. >> Calbertt, >> yes. We >> Yes. Motion carries. So, thank you for hearing us all out. Um, let's see. The next item is um the Opus tax increment financing special legislation. And Miss Wishnack, you're the expert on that one. >> I am. And thank you, mayor and council members. As you know, um, I spent a fair amount of time at the legislature trying to get this legislation adopted. Um, I'm happy to report we've also had a lot of help from our local legislators getting this done. Um, I'll explain what it is because you all know, but perhaps the public does not know why we asked for this and what it was all about. So, basically, it's about the Opus Tax Increment District that we set up a number of years ago in 2021, and we approved it. And it's important to know it's a renewal and renovation district. There are actually four types of tiff districts in the state. This is just one type. We have 23 parcels in the orange that southwestern quadrant of uh opus or the parcels that were included at the time. And it was really in anticipation of a number of factors that were going on at in Opus at the time because of development. Um there were public improvements needed. We needed more affordable housing in those projects. And some of the projects were the Townline apartments, the Marlo, uh, Elcott and Minnotonka Station. If you remember, this is actually after the Dominion project went in. So, the the De Can you point for me? Sorry. Uh, the Dominion project, which is uh just north of that orange area, was not included. they have their own separate tip district just for that project because there were so many units 500 units almost 482 at that site. So that isn't included in this tip district just so that isn't confusing to you. So, at that time, it was a 16-year term district, and it was expected to generate, and this is a big number, $194 million of tax increment. And it really was to talk about future development scenarios. And we actually did both the comp plan scenario and then we also did even a higher level like uh what is it depends on your perspective best case worst case um you know in terms of traffic analysis and improvements that we would need um and what would happen if it was fully built out beyond even uh what we were thinking in the comprehensive plan. So, we did all that homework in um an environmental review of the entire Opus area and that's how we came up with the numbers that needed to happen um for the improvements. And so, um the second bullet point here, it it talks about the city using the general obligation tax increment bonds to fund road improvements and repay bonds through the tax increment generated. and that was estimated to be 25 million at the time to for all those projects that we had lined up. Um some of the projects that have happened, think about Red Circle where we put a turn lane by the Elcott. So that wasn't always uh the dimension that you um remember it would it had added a lane when that project went in. Um there's some trail work we're finishing hopefully this year, cross our fingers, uh to connect the Elcott to Greyar's project, the Marlo, and get that completed. So there's lots going on still and future projects. So and then um if there are any tax increment dollars remaining that that still can uh go towards other affordable housing in the city, not just in Opus. And then finally, that last point is about each redevelopment project within the orange area on the map is reviewed independently and then we look at financial um analysis for each project as we go. And we've done that on all of the um pro projects that I just mentioned. So the the um issue at hand and why we went to the legislature is there were some timing issues with when certain things have to be done. Now if you know anything about tax increment, there are rules upon rules and we have to be compliant and we have to uh make sure that we do the things we say we're going to do in the time that uh we have under state law. And that was where we were running into trouble on a couple of things. uh the five-year rule and the six-year rule, and I'll explain what those are. Um our deadline was supposed to be uh um the district had to expend all of those um expenditures by June of 2026. So really um what this extension did is it actually put into law that that extension of the 5-year rule actually went to 10 years. And then there's a six-year rule that went to 11 years. So generally in and the most simplistic way I can say this is how we can spend the money for the projects we had had identified now has a longer spend term. I think that's the easiest way to to describe what the legislation says. Um so and then u I'm just trying to think there's probably nothing else on this slide. the six-year rule, the city must use 80% of the tiff generated to pay the obligations to meet the five-year rule. That kind of goes back and forth. Um, and then it does need to have, and this is the part where a lot of people think the law just gets adopted, but in this case, when it's tax increment and there's a legislative action, you as a city council have to adopt by a majority vote um to make it effective. And so that is uh we had our attorney um um cout do the preparation for the resolution so that was appropriately done and then we have to file it with the secretary of state. Once that's done uh then it will be effective. So uh with that mayor and council members we do recommend approval of the resolution in your packet. Sorry for the long um explanation but I think it's important because it's a lot of money. So thank you. Um, thank you, Miss Wishnack. And and so, but the long and short of it is we are extending the tiff districts. We are not adding new dis tiff districts. We are not changing what the money can be spent for. We um projects take a long time and this is giving us enough time to get to honor all the commitments that we intended with the ATIF district originally. Is that a fair statement? >> I just revise one thing. You said you said you were extending the tip district. We're not extending the tip district. We're extending the time frame in which you can spend the increment within the district. Yeah. >> Very good. >> And and that was confusing to a lot of legislature legislators. And so I want to make sure that's >> I'm not trying to I'm I'm not trying to be a legislator. Trust me on that. >> But I had to spend some time doing that. But and I think that's attractive to the legislature when you don't ask for an extension. I have done that before. We did that once with uh Glenn Lake. And that's a harder thing because you're extending that period of non the tax is not rolling to all those other jurisdictions, I think. >> Very good. Okay. So, we didn't extend that. We're extending the time period for expenditure of the money that was already generated. >> Correct. >> Very good. All right. Any questions or a motion? Council member Wilbert. I move we adopt the resolution approving laws of Minnesota 2025 first special session chapter 13 article 5 section 15 relating to the Opus Business Park Tax Increment Financing District >> and Council Member Romey >> I'll second. >> All right, we've got a motion by Council Member Wilburn and a second by Council Member Romey. Miss Larson, please call roll. >> Romey, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> Shaq, >> yes. Wilburn. >> Yes. >> Calbert, >> yes. Wearsome. >> Yes. Motion carries. By the way, um we do have um Julie Edington on the line if we need her, but it's clear that we didn't for that one. But still still for the EDA. She's probably going to hang in there for us, I believe. So, um next item is appointments or reappointments. We have none. So, the final item is adjournment. Is there a motion to adjurnn? Council member Wilburn. >> I move adjournment. >> Is there a second? Council member Calbertt, >> I second. >> All right. All right. A motion by council member Wilurn, a second by council member Calbert. Um all in favor say I. I. >> We are adjourned. But we're not going away because we do have an EDA meeting >> and um give me a moment and we will um call that meeting to order. So um it is still Monday, July 14th, 2025. Um this is a meeting of the Minnitonka Economic Development Authority. I will call this meeting to order and I will ask Miss Larson to please call roll. >> Shaq >> here. Wilburn >> here. Calbertt >> here. Romeley >> here. Kley >> here. >> Foster Bolton >> here. We >> here. Next item is approval of the agenda. Uh Miss Wishnack. >> There are no changes. >> All right. Is there a motion to approve the agenda? Councilor Commissioner Calvert, excuse me. >> Thank you, Mr. President, I move approval of the agenda >> and a second. Commissioner Shack, >> I'll second. >> All right. Motion by Commissioner Calbert and a second by Commissioner Shack. Um, Miss Larson, please call roll. >> Shaq, >> yes. Wilburn, >> yes. >> Calbert, >> yes. >> Rome, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> We motion carries. Next item is approval of minutes, and we have one set of minutes. They are the June 9th, 2025 EDA meeting minutes. And u Miss Wishnack, any comments on those? All right. Um no comments. Uh they were in your packet. Is there a motion? >> Commissioner Calbert. >> Thank you, Mr. President. I move approval of the June 9th, 2025 EDA minutes. >> And Commissioner Rome. Second. >> All right. We've got a motion by Commissioner Calbert and a second by Commissioner Romey. Miss Larson, please call roll. >> Shaq. Yes. >> Wilburn. >> Yes. >> Calbertt. >> Yes. >> Romeley. >> Yes. >> Kley. >> Yes. >> Foster Bolton. >> Yes. >> Wearsome. >> Yes. Motion carries. Next item. The one business item we have 5A is the pathways to home ownership program. So, uh, Miss Wishnack. >> Thank you. Uh, President and Commissioners, this is an action that's related to your consent agenda on your council, uh, agenda. just to make sure we have a record of what we were discussing here. Really, this is um two things that you're doing with the EDA. One is you're accepting resolutions that um accept the transfer of those additional funds for pathways, which is $200,000. You're using the affordable housing trust fund for that um that expenditure. And then you have to approve a new agreement with CE, which is the center for energy and environment. they are the ones that actually put the program to um into movement and and they've been doing that since we started the program. So, they need a new contractual arrangement which is included in your packet as well. So, it's two actions that you need to do to affectuate the $200,000 for the pathways program. Thank you. >> And those two actions are tied in this recommended motion right here. So, if we make that motion, we should be good. Commissioner Romey. >> Thank you, President. I will make the motion to adopt the resolutions accepting the transfer. Oh, sorry. >> I was just going to say >> transfer of additional funds for the program and approving a new amendment to agreement with CE. >> U Commissioner Kley, >> I'll second. >> All right. We've got a motion by Commissioner Romey and a second by Commissioner Kley. Got a little bit of alliteration there. Um Miss Larson, please call roll. Shaq, >> yes. >> Wilburn, >> yes. >> Calbert, >> yes. >> Romeley, >> yes. >> Kley, >> yes. >> Foster Bolton, >> yes. >> We >> yes. Motion carries. Um, final item is adjournment. Is there a motion to adjurnn? Commissioner Wilburn, >> I move adjournment. >> Is there a second? Commissioner Calbertt. >> Thank you, Mr. President. I second. >> All right. We've got a motion by Commissioner Calbert and a second by Commissioner, excuse me, a motion by Commissioner Wilburn and a second by Commissioner Calbert. All in favor say I. I. I we are ajourned. >> Well done. [Music]