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HomeMy WebLinkAboutCity Council - 05/07/2024 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 7, 2024 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Amy Markle, Community Development Director Julie Klima, Police Chief Matt Sackett, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:01 PM. Narayanan was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Case noted Joseph C. Johns was an Eden Prairie resident served as a firefighter in both Eden Prairie and Eagan. He died while off-duty over the weekend. He offered condolences to the family. Case pointed out City Manager Rick Getschow won the Minnesota County City Managing Association Dr. Robert A. Barrett Award of Management Excellence. The recognition is essentially the City Manager of the Year for the State of Minnesota. He thanked Staff for their service. Toomey congratulated Getschow and agreed he is the best City Manager. Nelson noted the Council already knew he was the best City Manager. Freiberg pointed out Getschow’s consistent support of the City. He stated Getschow’s work for the City is unmatched. Getschow explained the award was a pleasant surprise, and it is a testament to the great Staff and community members in Eden Prairie. Case explained Open Podium. IV. PROCLAMATIONS / PRESENTATIONS A. HERITAGE PRESERVATION AWARD CITY COUNCIL MINUTES May 7, 2024 Page 2 Getschow explained the award recognizes an individual, a family or a business who has made an outstanding contribution to Eden Prairie’s historic resources. He invited Heritage Preservation Commission Chair Steve Schumacher to continue the award preservation. Mr. Schumacher pointed out a number of Commissioners and the Commission’s Staff liaison were present. He provided background on the award and explained there are three recipients of the 2024 Heritage Preservation Award. Mr. Schumacher stated the first award is for Marcia Kolb and Johnny Severson who have restored their historical home and are committed to preserving part of Eden Prairie’s heritage. Case presented them with the award. Mr. Schumacher stated John Gertz has previously worked with the City as a Preservation Specialist and helped to designate many homes as historical sites. His contributions to the City and the history of Eden Prairie can be seen throughout the community. Case presented him with the award and pointed out the award for Mr. Gertz is long overdue. Mr. Schumacher added Alexandra (Sasha) Allen is President of the High School’s History Club and serves as a Youth Commissioner. She has created a documentary recognizing Agnes Lackovic’s life and history with Eden Prairie. Case presented her with the award. B. 2023 ANNUAL COMPREHENSIVE FINANCIAL REPORT Getschow explained Minnesota Statutes require the City prepare an annual financial report and statements in accordance with Generally Accepted Accounting Principles. The report was prepared by the Finance Division and audited by the independent auditing firm of BerganKDV. BerganKDV issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly presented in all material respects. Caroline Stutsman, Partner with the accounting firm, explained BerganKDV issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly presented in all material respects. Ms. Stutsman showed a graph comparing General Fund revenues over the past few years. Overall, the Fund breaks even. Case pointed out the City has recovered to its pre-pandemic financial levels. Ms. Stutsman showed a graph depicting the General Fund expenditures over the past few years. She explained there is a notable increase due to increased wages and benefits. She also showed a table of a budgetary comparison for the General Fund. In total, the City is around two percent under budget. CITY COUNCIL MINUTES May 7, 2024 Page 3 Ms. Stutsman showed a graph with the General Fund operations including the total revenues, total expenditures, cash and investment balance, and unassigned balance for each year since 2019. Case added $30 million is not banked each year. Instead, it is carried over to the following budget year. Ms. Stutsman showed a graph depicting the tax capacity, levy, and rates since 2019. The tax capacity increased over time, but the tax capacity rate has decreased. Case explained it is because of the solid tax base and the increased interest in folks working and living in the City. Getschow noted the Annual Comprehensive Financial Report is over 200 pages. Once it is approved, the Report will be made available on the City’s website. MOTION: Nelson moved, seconded by Freiberg, to accept the 2023 Annual Comprehensive Financial Report. Motion carried 4-0. C. SENIOR AWARENESS MONTH PROCLAMATION Case read a proclamation declaring May as Senior Awareness Month in recognition of the contributions and accomplishments of Eden Prairie Seniors to the community. Parks and Recreation Director Amy Markle thanked members of the Senior Advisory Council for their leadership and their commitment to the Senior Center. She noted there are a number of activities throughout the month. She noted representatives of the Senior Advisory Council are present and introduced Gayl Smith, Beth Lapp, and Sylvia Peterson. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 16, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 16, 2024 MOTION: Toomey moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, April 16, 2024, and the City Council meeting held Tuesday, April 16, 2024, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES May 7, 2024 Page 4 A. CLERK’S LIST B. EDEN PRAIRIE RIDGE BY THE PEMTOM LAND COMPANY APPROVE SECOND READING OF ORDINANCE NO. 04-2024 FOR ZONING CHANGE ON 1.76 ACRES, APPROVE DEVELOPMENT AGREEMENT C. ADOPT RESOLUTION NO. 2024-041 APPROVING PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECTS D. ADOPT RESOLUTION NO. 2024-042 APPROVING APPLICATION TO CONDUCT OFF-SITE GAMBLING BY EDEN PRAIRIE HOCKEY ASSOCIATION E. ADOPT RESOLUTION NO. 2024-043 APPROVING MEMBERSHIP IN HENNEPIN COUNTY FIRE CHIEFS ASSOCIATION F. ADOPT RESOLUTION NO. 2024-044 ORDERING REMOVAL OF HAZARDOUS BUILDING LOCATED AT 17391 RUSTIC HILLS DRIVE G. ADOPT RESOLUTION NO. 2024-045 APPROVING WEST 70TH STREET CONDEMNATION SETTLEMENT AGREEMENT H. ADOPT RESOLUTION NO. 2024-046 ORDERING PETITIONED IMPROVEMENTS AND INCLUDE IN DELL ROAD IMPROVEMENT PLANS AND SPECIFICATIONS I. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR WEST 70TH STREET IMPROVEMENT PROJECT CONSTRUCTION ADMINISTRATION WITH SRF CONSULTING GROUP J. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR PRAIRIE CENTER DRIVE PAVEMENT REHABILITATION PROJECT CONSTRUCTION ADMINISTRATION WITH SRF CONSULTING GROUP K. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ANDERSON LAKES PHASE XI POND INVENTORY AND INSPECTION PROGRAM WITH STANTEC L. APPROVE MODEL USE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT M. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT FOR 2024 THROUGH 2026 N. APPROVE PURCHASE OF KNOX BOX KEY SECURE DEVICES FROM CITY COUNCIL MINUTES May 7, 2024 Page 5 KNOX COMPANIES O. ACCEPT QUOTE AND AUTHORIZE ENTERING INTO CONTRACT FOR GOODS AND SERVICES FOR HIDDEN PONDS TRAIL TREE PLANTING WITH HOFFMAN & MCNAMARA P. AWARD CONTRACT FOR REMOVAL AND REPLACEMENT OF CURB AND GUTTER TO CURB MASTERS INCORPORATED MOTION: Freiberg moved, seconded by Toomey, to approve Items A-P on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. ENCLAVE AT MANOR ROAD by Brandl Anderson. Resolution No. 2024-047 for Planned Unit Development (PUD) Concept Review, first reading of Ordinance for PUD District Review with Waivers and Zoning Change from Rural to R1-9.5 on 6.43 acres, Resolution No. 2024-048 for Preliminary Plat on 6.43 acres, Resolution No. 2024-049 supporting Park Dedication Fees. Getschow stated the applicant is requesting approval to divide one parcel into 17 single family lots and one outlot. The 6.43-acre property is located at 6591 168th Avenue West, which is about a quarter mile north of Duck Lake. The proposed density is 2.64 units per acre, which is consistent with the Low-Density residential guiding. The current zoning is Rural, and the applicant is requesting a zoning district change to R1-9.5. A PUD is also being requested with three waivers related to front yard setback and minimum lot width. A public hearing for this item was held at the April 8, 2024, Planning Commission meeting. The Planning Commission expressed support for the project and ultimately voted 8-0 to recommend approval. Chris Contreras, President of Brandl Anderson Homes, introduced himself. He explained the Enclave at Manor Road has a few requests such as setbacks adjusted to save more of the trees. The development would have self-imposed redundancy rules, and the developers are committed to working with the community. Mr. Contreras showed an aerial view of the proposed site. They plan to size the pipes properly to benefit the pond. He showed the landscaping plan and noted their preference to maintain as many trees as possible. If things go as planned, development would start in June 2024. Mr. Contreras stated the homes would be 2400 to 4100 square feet. Pricing would start in the low $700,000 range. He showed an example of elevations from other developments. Patricia Ferris, 6537 W 168th Avenue, explained everyone has to walk by her house to walk to the park. She stated she has heard concerns from various CITY COUNCIL MINUTES May 7, 2024 Page 6 neighbors such as the water drainage system, tree management, the number of new houses, the naming of the development, the increased traffic, a potential impact on the already overpopulated schools, the drop-off near the pond and other negative impacts on wildlife, and more. Ms. Ferris stated she personally has concerns about the water drainage pond. It occupies a lot of space near her property. It is likely to negatively impact her pool. Two houses with the worst water problems won’t benefit from the water pipe changes. A petition with 46 signatures has been submitted to the Council requesting that the neighborhood has more time to provide input. They were notified of the development at the end of summer 2023, but no one was available to speak with current residents until early spring of 2024. They would like an opportunity to have small group conversations with the Council. She tried to schedule a workshop with the Council prior to this public hearing, but the calendar was full. Ms. Ferris added she just replaced her large driveway. The development wants to tear up a portion of it, but they only plan to replace the portion they tear up. She doesn’t want her driveway to be mismatched. Marie Jackson, 6537 W 168th Avenue, explained she has lived in the neighborhood since she was ten-years-old and has gathered all of the signatures showing opposition to the project. She didn’t even have the opportunity to speak with everyone that will be impacted by the project. Ms. Jackson noted she emailed the Council a copy of the signatures, though not all of the signatures were included in the print-out because her printer broke. She emailed them in hopes that the Council would be prepared to answer her questions. Ms. Jackson added the fallen firefighter Mr. Johns responded to a call at her home during his last shift. She stated he was a light and it was an honor to see him do his job. Ms. Jackson stated the pond does not have a plan for a worst-case-scenario. The climate is constantly changing, and they don’t know how it will impact the plan. There need to be safety provisions in line for a scenario where her house would be negatively impacted. She asked who she calls if there are issues and who will do maintenance on the pond. Her home is valued at over $650,000 due to the work she and her family have done on it, and they care about their home. Ms. Jackson pointed out it takes 30 seconds for a child to drown, and she has two small children to consider. She has been told the pond is four-feet-deep by one person and ten-feet-deep by another person. Ample generations of children have lived in the neighborhood, and now they will all face the danger of a pond. CITY COUNCIL MINUTES May 7, 2024 Page 7 Ms. Jackson noted her street is already used as a through-street, though it shouldn’t be. The traffic would only be worsened with a development. William Crestwood, 16881 South Manor Road, explained there are already water issues in the neighborhood. He previously reached out to the City Engineer to discuss his home’s specific issue. Many of his neighbors have experienced flooding issues and have multiple sump pumps. As it stands, there is no drainage on the streets. He is looking for a way to alleviate mud pits in his yard without negatively impacting the overburdened sewer system. He asked for the developer to provide alternative options or for the neighborhood to be provided with certain assurances regarding their concerns. Mr. Crestwood noted traffic calming efforts would be helpful. Anything to slow down traffic would be beneficial for the neighborhood. The cut-through traffic is likely to be more of an issue with additional development. Mr. Crestwood added he supports development, but he doesn’t love the idea of wildlife being displaced. Caroline Pittard, 647 Mere Drive, noted she understands the area has always intended to be developed. However, seventeen homes seems like too many for the area. The plan doesn’t add trees between the new homes and existing homes, so her home would go from a wooded view to the view of another house. She requested the lot sizes be reconsidered to allow for more trees and screening. Ms. Pittard stated she also has safety concerns. There is a lack of stop signs as it stands, and more cars in the area would only agitate the pre-existing safety issues. There are usually cars parked on both sides of the street, so the road ends up being very narrow. Also, the wildlife will be displaced, which would result in more safety impacts. Ms. Ferris noted the neighborhood representatives would be interested in working directly with the developer to create some solutions. For example, all parties would benefit if the last two homes were to be added to the new pipe system. No alternatives have been proposed thus far. MOTION: Nelson moved, seconded by Freiberg to close the public hearing. Motion carried 4-0. Toomey explained she has received complaints from residents in the neighborhood regarding traffic. She asked if there is an option to add a stop sign, additional signage, or a speed trailer. Getschow stated the Police Department does directed patrol where they saturate a certain area. Ellis explained Staff can gather data to determine the volume and speeds throughout the days. He noted there has only been one car accident which CITY COUNCIL MINUTES May 7, 2024 Page 8 included a car swerving to avoid a deer. It isn’t favorable to add a stop sign before data collection because it can speed up traffic elsewhere. Toomey asked if other signage could be helpful. Ellis stated the data collection should tell Staff what type of signage would be most impactful for the specific area. Toomey asked for more information about the pond and the old pipes. Ellis stated the developer is putting in a stormwater system that meets all of the City’s requirements. It needs to connect to something for discharge. They are going to connect to an existing pipe which is under Ms. Ferris’ driveway. Case asked if the pipe is on Ms. Ferris’ property or on a right of way. Ellis stated the pipe is in a utility easement. It seems Ms. Ferris suggested moving the pond to a more centrally located area and to connect to the stormwater system elsewhere. Ultimately, someone’s yard will be impacted. Case pointed out Ms. Ferris has a beautiful, new driveway. It is extremely difficult to match concrete color. He asked if there is an alternative solution. Ellis stated either the road or the driveway will need to be torn up. He asked for the developer to speak to the design as they would have to pay for whatever work is done. The developer would only need to replace the portion of the driveway they impacted. Mr. Conteras stated the developer is willing to replace the whole driveway. Toomey asked where the pond would go if there is an overflow. Ellis explained the pond is four-feet-deep. If there was an extreme event, the pond could be up two nine-and-a-half feet. The emergency overflow would go to the northwest corner of the outlet into 168th Avenue West. Case asked if there is any scenario where the water could go into a resident’s pool. Ellis stated he doesn’t see how that could happen. Case asked who would be responsible if there was an issue with flooding or weeds. Ellis stated there is a stormwater utility team that responds to 911 calls at any hour. Case asked how often the stormwater system is maintained. Ellis stated every five years each stormwater pond is assessed and receives any necessary maintenance. Freiberg noted there is still some concern about the pond. He asked if there is a possibility for a fence to go around the stormwater pond to promote safety. Ellis pointed out there are hundreds of ponds across the City, and they have never fenced any of them. CITY COUNCIL MINUTES May 7, 2024 Page 9 Freiberg stated the drop-off for the pond is very steep. Case stated all wet stormwater ponds have a similar construction, and Eden Prairie has never had an issue. John Bender, Civil Engineer for the project, explained the pond is required to have a safety bench around the perimeter. The first ten feet slope increase in slope by one-foot. Nelson asked what the City does for drainage issues in basements. She asked how they could help the residents, though it doesn’t relate to the development. Ellis stated the City has been installing a sump pump collection system, which has been completed on North Manor Road. Other residents have expressed concern with their sump pumps, and he will reach out to them to discuss adding their neighborhoods to the system. Ellis added 17 additional basements could help take the load off of the existing sump pumps. Case pointed out the City is required to get sump pump water out of the sewer system. Case asked how the pond’s location and type was chosen. Mr. Bender stated the pond location was chosen because of its proximity to the stormwater sewer system. The configuration was chosen because it met both the City’s requirements and the Watershed District’s requirements. Case added traffic and speed are two separate phenomenon. The City has responses available for any concerns. He encouraged residents to contact the City as needed. Traffic won’t have a large impact from the development. There could be an issue with the double-sided parking, and the City is willing to help with any parking concerns. Case noted the City is also willing to help homeowners with any sump pump issues. The addition of the stormwater pond and several more sump pumps will only help the rest of the neighborhood. Nelson stated there was a question about adding trees on property lines. Mr. Contreras explained there is an easement near the property line in question. However, they would be willing to pay for trees elsewhere on the lots. Nelson asked if the new builds will have sump pumps. Mr. Contreras stated any homes they build with basements will have sump pumps, unless they are walkout basements. Case pointed out the concern about school size issues is a micro-level issue. Property owners have the right to realize the value of their land. Ultimately, the market dictates what types of developments are built. The school districts do their own projections, and their enrolment is already decreasing. CITY COUNCIL MINUTES May 7, 2024 Page 10 Case added there are ten square miles of deer habitat in the City. Staff tries to keep 25 deer per square mile of deer habitat. The herd is culled as necessary. In the big picture, the deer will be fine. Nelson noted the school district’s enrolment peaked in 2004, and it has steadily declined since then. MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2024- 047 for Planned Unit Development Concept Review on 6.43 acres, approve the first reading of an Ordinance for Planned Unit Development District Review with waivers and Zoning Change from Rural to R1-9.5 on 6.43 acres, adopt Resolution No. 2024-048 for a Preliminary Plat of one parcel into 17 lots and one outlot on 6/43 acres, adopt Resolution No. 2024-049 for the Findings of Fact in support of Park Dedication Fees, direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions, and authorize the issuance of an early Land Alteration Permit for Enclave at Manor Road at the request of the Developer subject to the conditions outlined in the permit. Nelson pointed out she expects the developer to follow through with the commitments they have made. She suggested they avoid skimping on the trees. Case explained one home had significant concerns about their property. He requested Staff remain in consistent contact with the home in question. VOTE ON THE MOTION: Motion carried 4-0. Case thanked the audience for respectful commentary. B. LOTUS VILLAS ON ANDERSON LAKE by Ron Clark Construction. Resolution No. 2024-050 for Guide Plan Change from Office to Low Density Residential on 5.0 acres, Resolution No. 2024-051 for PUD Concept Review, First reading of Ordinance for Zoning change from Office to R1-9.5 and PUD District Review with Waivers on 5 acres, Resolution No. 2024-052 for Preliminary Plat on 5.0 acres, Resolution No. 2024-053 supporting Park Dedication Fees. Getschow stated the applicant proposes removing the existing office building and redeveloping the property into 19 single family lots and two outlots. The applicant describes the development as a villa style neighborhood, where property owners own and maintain their home, but an association maintains the grounds, including lawn areas, driveways, and the private street. Development improvements include a single looped private drive, utility and storm water management improvements, a pond, landscaping, and screen fencing. The applicant requests a Comprehensive Plan land use change to residential, which allows a density of 0.1-5.0 units per acre and a zoning district change to R1-9.5. CITY COUNCIL MINUTES May 7, 2024 Page 11 The Planning Commission voted 8-0 to recommend approval. Mike Waldo, representative of Ron Clark Construction, provided background on the history of the business and pointed out the community engagement efforts included in the process. He showed an aerial view of the property. Tim Witt, Architect for the project, stated they are looking to develop the area with single-family homes. The office building always seemed to be out of place. He showed an image of the site plan. They originally considered a mixed-use site, but the community feedback changed the direction of the project. The development will have ample parking for both residents and visitors. There are no driveways around Prairie Lakes Drive, and the pond is on Prairie Lakes Drive to break up some street views. A sidewalk will be added to connect to existing sidewalks. Mr. Witt explained the dimensions of the homes. There will be variety in the design of the exterior. There are a number of benefits for the site such as a single developer and a Homeowner’s Association. Case asked if Waterlily Circle will be a private drive. Mr. Witt confirmed it would be private. Mr. Waldo explained they are looking for a few minor waivers for the villa concept. They hope to honor seniors and empty nesters with the neighborhood. The pond was put near the road as it was the closest piece to the infrastructure for treatment, and it acts as a buffer. There isn’t currently treatment of the water. It will also increase the tax base around ninefold. Mr. Waldo pointed out they worked closely with neighbors most impacted by the development. They considered putting a fence on the property line, but they worked with the neighbors to move the fence due to the berm. The developer will pay for the fence and then sign over ownership to the other Homeowner’s Association. Mr. Waldo added they ultimately want to be a good neighbor. Terry Pearson, 10827 Leaping Deer Lane, stated she and her neighbors have been very involved in development in the area. They have had a good experience working with Hartford Commons, which shares the same architect. The builder has gone above and beyond in connecting with the existing residents. Any concerns were addressed. Ultimately, they are very supportive of the development. MOTION: Nelson moved, seconded by Toomey, to close the public hearing. Motion carried 4-0. Nelson asked how many trees will be added. Mr. Waldo stated he doesn’t have the exact number, but they have exceeded the City’s standards. They typically CITY COUNCIL MINUTES May 7, 2024 Page 12 add trees at twenty percent above the requirements. Case stated he counted 76 trees on the plans. Nelson asked if the homes are solar-ready or solar-capable. Mr. Waldo explained the trusses and conduits can handle solar panels. An electric vehicle charger is also wired. Freiberg asked what the price range will be. Mr. Waldo stated the homes will start at $900,000 and go up to around $1.5 million. Toomey noted her appreciation of the added trees and the variation of exteriors. Mr. Waldo pointed out they added more trees on top of the ones that needed to be removed. MOTION: Nelson moved, seconded by Toomey, to adopt Resolution No. 2024-050 for a Guide Plan Change from Office to Low Density Residential on 5.0 acres, adopt Resolution No. 2024-051 for a PUD Concept Plan Review on 5.0 acres, approve the first reading of an Ordinance for a PUD District Review with waivers and a Zoning District Change from Office to R1-9.5 on 5.0 acres, adopt Resolution No. 2024-053 in support of Park Dedication Fees on 5.0 acres, direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council considerations, authorize the issuance of an early Land Alteration Permit for Lotus Villas on Anderson Lake at the request of the Developer subject to the conditions outlined in the permit, and adopt Resolution No. 2024-052 for a Preliminary Plat. Motion carried 4-0. C. ASIA MALL PARKING LOT EXPANSION by Elliott Design Build, LLC. Resolution No. 2024-054 for Planned Unit Development Concept Review on 4.69 acres, first reading of Ordinance for Planned Unit Development Review with Waivers on 4.69 acres. Getschow pointed out Asia Mall opened in November 2022 and initial experience found that the amount of parking on site did not meet the business need. He noted the initial approval process alluded to some parking concerns. The applicant is proposing an expansion of the surface parking lot, adding 122 spaces, increasing the total number of spaces on site to 424. The applicant is seeking waivers to City Code requirements including number of parking spaces, size and number of parking islands, impervious surface, and setbacks. The Planning Commission voted 5-3 to recommend approval of the project at the March 25, 2024 meeting. Wayde Johnson, representative of Amcon Construction Company, stated they plan to move the pond to become underground water storage. They have worked with the Watershed District to create the solution. CITY COUNCIL MINUTES May 7, 2024 Page 13 Mr. Johnson stated the use requires 445 parking spots, and the additional parking area will create a total of 425 parking stalls. The Institute of Transportation Engineers calculates a need of 334 to 367 spots. The Planning Commission recommended the engineers do a real-time count. The peak counts were collected on April 27, 2024 and May 4, 2024 to show 247 and 252 spots respectively. Amor Zhao, CEO of Asia Mall, stated they have been successful and need more parking. There is off-site parking for employees. A sign has been added to direct guests to the underground parking area. No one wished to address the Council. MOTION: Toomey moved, seconded by Nelson, to close the public hearing. Motion carried 4-0. Nelson asked if there will be a door into the Asia Mall near the new parking area. Mr. Johnson stated the parking area will be near the east side of the lot, but there won’t be changes on the access door. In the long run, he anticipates employees will be asked to park in the new lot as it is most inconvenient for customers. Case asked if there is an elevator from the underground parking. Mr. Johnson confirmed there is an elevator. Nelson noted many people will be happy for more parking. Freiberg asked if more parking will be needed in the long-run. Mr. Johnson stated the building is fully built-out. The change would have to change to a different use to require more parking stalls. Toomey congratulated Asia Mall on its success. Case asked for information on the wetland impacts of the project. Ellis stated the technology for the underground water storage is reliable. One variance is requesting more impervious surface, but it isn’t uncommon for the highly- developed area. He added the safety impact is the most important part of the project. Case asked if the area is wetland. Ellis stated he isn’t sure about the exact designation, but it is a stormwater pond rather than a wetland. The Watershed District will still need to approve the plan. Mr. Johnson added he expects for the District to approve their request as it meets all of their requirements. He pointed out the stormwater pond was created when Gander Mountain was built, so it is not naturally-occurring. CITY COUNCIL MINUTES May 7, 2024 Page 14 MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2024-054 for a Planned Unit Development Concept Review on 4.69 acres, approve the first reading of the Ordinance for a Planned Unit Development District Review with waivers on 4.69 acres, direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions, and authorize the issuance of an early Land Alteration Permit for Asia Mall at the request of the Developer subject to the conditions outlined in the permit. Motion carried 4-0. Case asked when the project will begin. Mr. Johnson stated it depends on when Staff approves the permit. X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL MINUTES May 7, 2024 Page 15 MOTION: Nelson moved, seconded by Toomey to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 9:07 p.m. Respectfully submitted, ________________________ Sara Aschenbeck, Administrative Support Specialist