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City Council - 05/04/2021APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 4, 2021 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, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Planner Julie Klima, Police Chief Greg Weber, Fire Chief Scott Gerber, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2020 ANNUAL COMPREHENSIVE FINANCIAL REPORT Getschow explained Minnesota statutes require that the City prepare an annual financial report and statements in accordance with Generally Accepted Accounting Principles. The 2020 report was prepared by the Finance Division and audited by the independent auditing firm of BerganKDV. The Council received a detailed presentation of the report at tonight’s workshop meeting. The full report is available on line. Andrew Grice, representing BerganKDV, gave a PowerPoint presentation on the 2020 financial report. He reported they were able to issue a “clean” or “unmodified” opinion on the financial statements. In addition, there were no compliance findings for Government Auditing standards, the Federal Single Audit and the Report on Minnesota Legal compliance. He reviewed the General Fund revenues of $51,003,613 and General Fund expenditures of $45,851,253. The tax capacity rate has remained flat for the last five years. Narayanan thanked City Manager Getschow and the staff for the wonderful job of managing our finances. Case pointed out we are one of the few cities that has received a AAA bond rating over the past couple of decades. Further, we have an amazing record over the past 40 years of CITY COUNCIL MINUTES May 4, 2021 Page 2 investing in our environment and in our parks and recreation while being fiscally responsible and having a stable budget. MOTION: Toomey moved, seconded by Nelson to accept the 2020 Annual Comprehensive Financial Report (ACFR). Motion carried 5-0. B. SENIOR AWARENESS MONTH PROCLAMATION Lotthammer said this item comes around every year during Senior Awareness Month in May. During the colder weather and the COVID restrictions we had virtual events for our seniors, but in May we will offer some in-person events and activities inside the Senior Center. He reviewed several of the activities planned for the month. Nelson asked what the hours will be for the shredding truck. Lotthammer said he would have to check the exact hours and get back to her. Case read a proclamation proclaiming May 2021 as Senior Awareness Month. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 20, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 20, 2021 MOTION: Nelson moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, April 20, 2021, and the City Council meeting held Tuesday, April 20, 2021, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CODE AMENDMENT FOR GYMNASIUMS by City of Eden Prairie. Second Reading of Ordinance No. 5-2021 to amend City Code Chapter 11 relating to Gymnasiums (Ordinance No. 5-2021) B. 7076-7078 SHADY OAK FAÇADE REMODEL by SOT G OWNER LLC. Resolution No. 2021-31 for Site Plan minor amendment review on 6.31 acres; Development agreement (Resolution No. 2021-31 for Site Plan Minor Amendment Review, Development Agreement) CITY COUNCIL MINUTES May 4, 2021 Page 3 C. APPROVE SECOND READING OF ORDINANCE NO. 6-2021 AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF WASTE AND ADOPT RESOLUTION NO. 2021-32 APPROVING SUMMARY ORDINANCE D. APPROVE CONTRACT WITH ELBIT SYSTEMS OF AMERICA FOR PURCHASE OF NIGHT VISION SYSTEMS AND ASSOCIATED EQUIPMENT E. AWARD CONTRACT FOR PURCHASE OF MATERIAL AND INSTALLATION OF CITY CENTER BOILERS REPLACEMENT TO JOHNSON CONTROLS INC. F. AWARD CONTRACT FOR 2021 SURFACE SEAL PROJECT TO CORRECTIVE ASPHALT MATERIALS, LLC G. AWARD CONTRACT FOR 2021 PAVEMENT REHAB PROJECT TO BITUMINOUS ROADWAYS, INC. H. APPROVE PSA WITH BRAUN INTERTEC CORPORATION FOR 2021 PAVEMENT REHAB PROJECT I. DECLARE POLICE SQUAD #239 SURPLUS PROPERTY AND AUTHORIZE REPLACEMENT VEHICLE PURCHASE J. APPROVE PSA WITH BLUE WATER SCIENCE FOR 2021 WATER QUALITY MONITORING PROGRAM K. APPROVE LICENSE AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT HYDROLOGIC AND HYDRAULIC MODEL L. APPROVE CONSTRUCTION AGREEMENT WITH XCEL ENERGY FOR STREET LIGHTING FACILITIES ON TECHNOLOGY DRIVE Getschow said Item VIII.E. should be pulled from the Consent Calendar because it is not ready for approval. MOTION: Toomey moved, seconded by Narayanan, to approve Items A-D and F-L on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. NOBLE HILL (2021-02) by Pulte Homes. Resolution No. 2021-33 of Findings and Facts for Citizen Petition EAW request; Resolution No. 2021-34 for a Planned Unit Development concept review on 27.51 acres; First reading of an ordinance for Planned Unit Development with waivers and a Zoning District change from Rural to R1-9.5 on 27.51 acres; Resolution No. 2021-34 for Preliminary Plat of 3 Parcels into 50 Lots and CITY COUNCIL MINUTES May 4, 2021 Page 4 4 Outlots for 27.51 acres (Resolution No. 2021-33 for Findings and Facts for Citizen Petition EAW Request, Resolution No. 2021-34 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution No. 2021-35 for Preliminary Plat) Getschow said the Pulte Homes is requesting approval to develop 50 single-family lots on 27.51 acres located at 9955 and 9875 Spring Road. The property currently includes a single family home and a former Christmas tree farm. The City has received a citizen petition requesting an Environmental Assessment Worksheet (EAW) be conducted, and the City Council is the decision maker as to whether we are to move forward with an EAW. A decision must be made on the EAW request prior to taking action on the development project. Dean Lotter, Manager of Land Planning and Entitlement for Pulte Homes, gave an extensive PowerPoint presentation on the development. He noted a portion of the presentation will be given by John Dustman, geologist with Summit Envirosolutions. Mr. Lotter reviewed his own background and experience dealing with issues regarding groundwater contamination. He noted the Standal property is currently zoned as rural and is designated for low density residential in the City’s 2040 comprehensive plan. Mr. Lotter displayed a map of the area and pointed out Riley Creek and the associated wetland areas, a sand gravel prairie habitat and the existing vegetation on the Standal property. All of the sensitive areas will be protected on the property as part of Outlot D which will be dedicated to the City of Eden Prairie. Over 31% of the site will be dedicated as open space. He noted the Pulte development proposes nine fewer homes than a previous proposal considered previously by the Planning Commission, as well as preserving 14% more trees, reducing retaining walls by 35% and reducing the impervious surface by 5%. They identified 789 significant trees on the property, 445 of which will be removed but 344 of which will be saved. In addition, 18 of the 39 heritage trees will be saved, and Pulte will plant 327 new trees. Mr. Lotter showed examples of the homes to be built, most of which will be 3169- 3539 square feet. Pulte Homes are rated at a score of 47 to 53 on the energy efficiency scale used by the U.S. Department of Energy, whereas the typical existing home on the market scores a 130, with a lower score meaning better energy efficiency. Options offered include pre-wiring for an electric vehicle (EV). Mr. Lotter addressed the issue of the Frederick Miller Spring which is located across Spring Road from the Standal property. He stated the Standal property is not the source of the spring nor is it in the watershed of the spring. The source of Miller Spring is located on the west side of Spring Road. In addition, stormwater from the development would go through eight filtration ponds on site. To further explain the topography of Miller Spring, Mr. Lotter introduced John Dustman who has 35 years of experience performing geologic, hydrogeological and CITY COUNCIL MINUTES May 4, 2021 Page 5 environmental assessments. Mr. Dustman, a registered professional geologist with Summit Envirosolutions, reviewed the spring outlet location. During the course of the review he performed for Pulte Homes, he spent time with local residents whose families have lived in the area for many years. The oral history provided by those residents revealed the original seep was discovered on the hillside west of Spring Road. The water flow eroded the unpaved roadway so a tub and clay piping were used to convey the water downhill and beneath the road. The seep was originally a wet area on a natural terrace at the top of the hill; however, with digging in the area the water began to flow down the hill and across the unpaved road. Mr. Dustman reviewed the topography of the area around the spring and displayed a graphic of the potential recharge area of the spring. He explained the surficial geology of glacial areas and displayed a map of the surficial geology area in the area around Miller Spring. In order to determine the topography of the underlying clay, 18 wells were placed in the area to log the sand thickness and the top of the clay in order to create a map to use to determine the possible spring recharge area. The clay provided a terrace for the water to run down to the actual spring outlet structure. He stated there is no probable way the water from the proposed development could enter the recharge area. Mr. Lotter returned to the podium to describe Pulte Home’s measures to control the rate and quality of water leaving the site, mitigating the volume of water for impervious surfaces, protecting wetlands and meeting discharge standards. He noted both the total suspended solids and total phosphorous loading would be considerably reduced by the development. The stormwater management system proposed will remove 98% of total phosphores and 98% of total suspended solids, both levels well above stormwater regulatory rules. He stated any hardcover within the Outlot D area will be removed and returned to natural land. He observed the areas identified as moderate to high biodiversity are part of Outlot D; the development surpasses the requirements regarding potential impairment of Riley Creek; the Frederick Miller Spring source is located to the west and will not be impacted by the development; and the homes proposed are energy efficient and will be built in a low density neighborhood. In conclusion, Mr. Lotter stated they have completed extensive studies and investigations for the proposal including both Phase I and Phase Environmental Site Assessments; therefore, an EAW is not needed and they request the petition be denied. He then reviewed the planned schedule for the development if it is approved. Mayor Case stated the yelling and catcalling taking place by those outside the Council Chamber is not influencing the Council Members and nor does it enhance the position of the audience members regarding the development. The City Council has thoroughly studied the proposal, done their due diligence, and taken the many emails and phone calls from those who either favor or oppose the development. The landowner is in the audience tonight. They have chosen to sell the land to a developer rather than to the City of Eden Prairie or a conservation group, and that is their CITY COUNCIL MINUTES May 4, 2021 Page 6 American right. It is the Council’s job tonight to look at this proposal and decide if it is the right development for the land parcel. This property will be sold to someone, and that may not be what members of the audience would like to see. While it is good for American democracy that so many people are here to express their opinions on the development, some of the behavior tonight is not good. As he opened the public hearing, Case asked the audience to let the City Council do their job. He emphasized each Council member has chosen to be an activist in their own right by serving on the Council and by other actions to show their love for the City of Eden Prairie. He stated he will limit the time for each speaker to two minutes because there are so many who have signed up to speak. He proceeded to call the names of those who signed up to speak tonight, beginning with those who are attending the meeting virtually. Noelle Olson, resident of Minnetonka, asked the Council not to destroy the trees, the water and the beauty that surrounds the spring. She believed the proposed development is a poor substitute for what is there now. She thought the water will not be protected from the dirt coming from the construction. Kyle Krueger, 17782 S Shore Ln W in Eden Prairie, expressed concern that due diligence needs to be done for the project because we are in the midst of a massive climate change. We should make sure the environment is being conserved, so he asked that the EAW be conducted. Kristen Engeseth, 11782, S Shore Ln W in Eden Prairie, stated she was a recent conservation biology graduate with an emphasis on aquatic management. We are in a critical time in our generation as water resources across Minnesota are being degraded beyond repair. Development projects are contributing to that degradation. She declared water to be a unique natural resource and asked the Council to approve the petition for an EAW. A representative of Professor Calvin Alexander, Jr., resident of Minneapolis, read Dr. Alexander’s statement in which he expressed concern that the proposed development poses substantial environmental risks to both Riley Creek and the Frederick Miller Spring. The material submitted by the developer is based on obsolete hydrogeological information, presents an unrealistic interpretation and does not consider possible alternative considerations. Miller Spring is unambiguously a spring, and much of the geologic material from the developer is based on an 1899 geologic atlas of Hennepin County which has been superseded by the atlas published in 2018. Dr. Alexander maintained the evidence presented here does not rule out the argument that artesian conditions exist under the Frederick Miller Spring. Ramona Kitto Stately, resident of Shakopee and Chair of the Minnesota Indian Education Association, said the area is the spiritual resting place of her ancestors. She was concerned that the word used for spring did not convey the correct meaning in the Dakota Language as the word should translate to life force. The streams and CITY COUNCIL MINUTES May 4, 2021 Page 7 waterways have been polluted for the last 150 years by those who took over the native lands. Dr. Elaine Evans, a bee expert at the University of Minnesota, was concerned about the rusty patch bumblebee which is protected under the Endangered Species Act. Construction proposed for this project will be done in the area designated as a highly protected zone. The bees nest underground so any excavation underground will potentially destroy their nesting areas. It is impossible to remove them in order to protect them. In addition, there will be a general loss of habitat because of the construction activity. Christi Michaels, 9041 East Staring Lane in Eden Prairie, read a poem she wrote when she first came to Eden Prairie. In her poem, she expressed the idea that the settlers used the spring and always made it available to all. Andrew Jansen, resident of Minneapolis, said he has been going to the spring for about six years with his nine-year old daughter. He emphasized the importance of water for generations to come. Rebecca Prochaska, 15781 Porchlight Ln in Eden Prairie, was concerned there have been different interpretations of the data given tonight, and that is why a study is needed to determine what is right. She did not think there had been enough time given to consider the concerns expressed about the development. She stated there has been a disregard for the cumulative effects of all the development that surrounds this project. Justin DeAngelo, resident of Chaska, was concerned about several points in the City’s Findings of Fact to deny the EAW. His concerns included such points as not listing the reversibility of environmental effects, the fact the developer’s survey of plants and wildlife was completed during a period of below freezing temperatures, and a recommended slope stability report was not completed. Jourdan Guiley, resident of St. Paul, reported she is a ten-year drinker of the Miller Spring water. She believed the City has not fulfilled its obligation to complete an environmental review of the development around this project. She was concerned the City is using an outdated EAW that was completed for a different project. She and others are opposed to the changes in zoning from rural to urban, and their goal is to acquire the land to be conserved, either by expanding the conservation area to the south or by extending the wildlife refuge to the east. Miel Arredondo, resident of Minneapolis, brought samples of the spring water and said she cherishes the spring. The EPA’s Clean Water Act was broken by Pulte Homes across five state lines in 2008 and again in 2013. Pulte has a pattern of violations indicating a general disregard of environmental regulations. She believed Pulte strong arms communities. CITY COUNCIL MINUTES May 4, 2021 Page 8 Korey Matlock, resident of Minneapolis, asked why it was a good idea for the Council to approve the project. He was concerned an entire nation was cut off from this discussion earlier tonight when an indigenous woman was cut off from expressing her concerns about the mounds located here. Chelsea Hoppe, resident of Minneapolis, said she found out about the spring while attending school and continues to go the spring for water. She was concerned about the threat to endangered species’ habitat and did not trust Pulte to work in accordance with ecological sensibility. Leo Bryslatsev, resident of Burnsville, said he has been drinking the spring water for two decades and was concerned about protecting the shoreline and the proposed use of a trunk septic system. He asked if Pulte will be making a cash payment in lieu of the trees they are not planting. Cassandra Caballero, resident of St Paul, noted she is an indigenous woman who still enjoys the land by drinking this spring water. She asked the builder to consider building elsewhere. Jeffrey Gundtner, resident of Marine on St. Croix, recently became aware of the spring and was also aware of the difficulties in making decisions where there are so many stakeholders involved. He did not understand why it was a foregone conclusion that the land would be developed and did not understand why they would not sell to a conservation group. He felt it was important to see the big picture here and decide what kind of future world we and future generations want to live in. Diana Rohlfsen, resident of Burnsville, was concerned about the impact the hearings and the invasion of privacy has had on the Standal family over the past months. She reported the Standal family has been very generous over the years. They are relinquishing 45 years of memories experienced on their cherished land. She supports approving the development. Ted Mellby, 17881 Germaine Terrace in Eden Prairie, said he served as a city attorney so he knew about public hearings. He also was a founder and executive of a watershed foundation that did 45 acquisitions for the State of Minnesota. He believed the two-minute limit tonight is like a gag order. The environmental impact of this project needs to be studied by those who are experts in the field. Sever Peterson, 15900 Flying Cloud Drive in Eden Prairie, was in favor of the development and also in favor of preservation of flora and fauna. Everyone is in favor of clean water. He is in the fifth generation of his family to live in Eden Prairie and still has a working farm here. He noted the turbulence of Riley Creek has been mitigated over the years by the development occurring in the Riley Creek Watershed District with the expertise of watershed district personnel and City staff. He believed the quality of Riley Creek will be further improved by this development. He pointed out there is an 8-1/2-acre dedication to the City as part of the project. CITY COUNCIL MINUTES May 4, 2021 Page 9 Jeremy Hamel, 8310 Heather Ave in Eden Prairie, stated he was here to protect the water which means a lot to his family. Miller Spring water is a part of his life every day as it is for all those who come to the spring. Brianna Crusan, resident of Minneapolis, said she was a former resident of Eden Prairie who was concerned about the cost of repairing after erosion occurs. The cost to repair Riley and Purgatory Creeks was $100-200,000 each. The most recent data about erosion is from 2014; therefore, a study should be done before this development begins since the taxpayers will be billed for repairs after the erosion that will be caused by this project. Bill Kelly, resident of Hopkins, said he has been a drinker of Miller Spring water since 1990 and has spent a lot of money in Eden Prairie on his trips to the spring. He wanted future generations to be able to drink the water from Miller Spring, and he felt the Council has an obligation to ensure that for future generations. He wanted governmental agencies to buy this land to keep it rural so the family will get their money and the land could be kept as it is. Jordan Urrutta, resident of Rogers, said he gets 15 gallons of the spring water once or twice a week because it is so healthy. The water and its quality is very important to his family, and he was concerned an independent study is needed about the water. He was also concerned about the reliability of Pulte Homes. Ian Mosbeck, resident of Belle Plaine, stated history will be a race between education and utter catastrophe. We are not willing to set aside our desire for big houses and many cars for the larger group values. He asked what kind of future we want to leave for our grandchildren. Ken Brown, 10840 Park View Ln in Eden Prairie, said this decision matters a lot, and he hoped all the Council Members were still open to all alternatives. He was a retired geologist and was concerned because of the date of the data and the fact it was not vetted by the Minnesota Department of Health. He encouraged the Council to do an EAW with current data. He also had concerns about past issues with Pulte Homes. Theresa Shipp, 14251 Wedgeway Ct in Eden Prairie, noted she appreciated the Standal family wants the best for Eden Prairie. She has lived in Eden Prairie for 40 years and has been impressed with how Eden Prairie listens to the residents who value parks and recreation. She asked the Standal family and the City to find a way to keep the land for everyone to enjoy in its natural state. She believed we need more time to evaluate and complete the EAW. Joselynne Fynboh, 9940 Frederick Pl in Eden Prairie, noted she provided a presentation to Council Members before the meeting. She said we need to trim our greenhouse gases by 50% by 2030, and any growth means that’s net zero. We do not just need to sustain what we have but must move to regeneration, and Eden Prairie is in a great position to make that move. Options available to attain regeneration would CITY COUNCIL MINUTES May 4, 2021 Page 10 be to require the Pulte construction to be builder compliant with official LEED residential certified Version 4.1 requirements. Emmett Dysart, 12950 Deerfield Trail in Eden Prairie, said he has been going to the spring his whole life and has been active in schools and organizations in the City. He suggested if Council Members spent time at the spring talking with people it would become obvious we should go ahead with the study and thereby do the right thing. Hannah Tierney, resident of Minneapolis, said there will be 455 trees removed, which creates a deficit of over 1656 caliper inch of trees. Pulte has proposed a cash payment for the deficit. This shows little respect for the deeply cherished land and significant wildlife loss. In addition to the tree waiver, there are four other waivers being made against the City code. This sends the message Eden Prairie does not hold their land, wildlife and community as their first priority. Chesney Enquist, resident of Minneapolis, said she travels regularly from her home to collect water from the spring so she has a stake in keeping the spring water clean. This provides her with an experience of cohesion like that she first experienced while in the St. Croix River valley. Susa Jeffrey, resident of Minneapolis, said she was a member of Friends of Coldwater. The Friends of Coldwater have written to the State Archeologist with their concerns about the mounds at the top of the ridge. This is a landslide area, and we are experiencing climate change with huge rainfall events. The hills will need to be stabilized, and that will prove to cost more than the expected revenue from property taxes on these new homes. She noted this is the only accessible spring in Hennepin County. The Friends of Coldwater definitely recommend doing the EAW. Viyan Senthil, 16200 Summit Dr, said he is seven years old and lives in Eden Prairie. He really likes the spring because it gives water to the trees which he also really likes. He also loves animals and they need the water. Colleen Boniwell, resident of New Prague, was concerned that the audience is limited to two minutes while the developer had much more time. She wanted Eden Prairie to spend the money to preserve the spring for the future because water is necessary for life, and it is the Council’s responsibility to preserve it. Katy Sudlow, resident of Carver, said this is an heirloom for the City. There are thousands from all over the area who visit the spring, and everyone is very kind. People who come to Miller Spring form a unique community. Not having the spring would mean thousands of people are without clean water. Scott Metson, resident of Blaine, said he comes to Miller Spring because Blaine failed to provide clean water. He believes this development poses a watershed problem and not just an issue about the spring. CITY COUNCIL MINUTES May 4, 2021 Page 11 Sydney Ginp, resident of Minneapolis, asked the Council to be respectful of those here to speak. As a builder who uses hempcrete, she was confused by the energy efficient claims Pulte is making. She did not see enough certifications on their record to be deemed an energy efficient builder. She believed the steps to go through the full EAW to get all the facts evaluated is the most responsible way to proceed. Blak Childs, resident of New Brighton, displayed a lead faucet and noted lead pollutes water so health is an issue here. He noted the water is an issue in New Brighton. He suggested the Christmas tree farm should be kept because it would be an opportunity for a community gathering place. Jesse Mercado, Hennepin Village in Eden Prairie, said the research done by Pulte is faulty, such as their comparison of nitrate numbers. When Hennepin Village was built, there was no EAW completed, and there have been more houses built since then. He believed the creek has been impaired and asked that an unbiased source perform an EAW. Teresa Hulonen, resident of Golden Valley, said she has been drinking the spring water for 12 years, and it is her only source for living water. If the rezoning is completed, it will affect people from all over who come to collect spring water. Sue Bennett, 9992 Indigo Dr in Eden Prairie, said she has lived in Eden Prairie for over 30 years and was amazed how quickly the news of this rezoning has spread. Through the citizen petition which now has over 3200 signatures she learned how people feel about Riley Creek and the overdevelopment of Eden Prairie. She learned the Planning Commission relied on a 14-year old EAW that was completed for a roadway only. Her group’s application to the Minnesota Environmental Quality Board (EQB) was accepted, and they were told that application would be submitted to the responsible governing body. They believed they were following a fair process where 3200 petition signatures had a voice. They offered to acquire the land and convert it to a conservation area. Jeff Borowiak, resident of Minneapolis, asked to relinquish his two minutes to Ms Bennett. Mayor Case did not allow that, and a verbal exchange between the two ensued. Mr. Borowiak was asked to leave the Council Chamber. Mayor Case thanked all those in the audience who have been respectful and participatory this evening. Ashley Kennedy, resident of Chanhassen, stated she is a cofounder of Zero Waste Advocates of Minnesota. She was surprised the City would go forward on a project like this without doing the due diligence provided by an EAW done by an outside agency. The previous property owner gifted the spring to the benefit of the community, but the 50 new houses to be built in the development will not give benefit to the community. CITY COUNCIL MINUTES May 4, 2021 Page 12 Kari Rightfoot, a resident of Minneapolis, said she was here for the water and the trees, all of which is on Anishinaabe and Dakota land. She read portions of an Anishinaabe history of the land. Sadie Seaborn, a resident of Minneapolis, said the Noble Hill project is building on an already declining ecosystem. Frederick Miller Spring is a hot spot for bird watchers, and protecting water quality and heritage trees will protect the birds. She asked the Council to approve the EAW. Jon Richardson, a resident of Minneapolis, said the Miller Spring is a treasure for Eden Prairie and greater Minnesota so this project affects all of us. He believed there are a lot of reasons not to approve the rezoning without first performing the EAW, including many legal reasons not to approve rezoning. Roslynn Hansen, a resident of Savage, said she started drinking the water at the age of 19, and she and her children still drink the water. She noted workers for Prince would collect the water for him to drink. Fred Guercio, a resident of Burnsville, noted Pulte’s statements regarding phosphores are meaningless because all fertilizer now has phosphorus removed. Pulte’s claim to be highly efficient may not be correct if judged by Minnesota standards which are more strict than national standards. He has been drinking the spring water because Burnsville’s water does not provide the right balance of minerals and their water is pulled from an area in the extremely polluted Minnesota River Watershed. Alison Hoyer, a resident of Minneapolis, believed we need to talk about the whole ecosystem and not just the spring itself. She believed the fact the land was originally taken from the Dakota should be a factor in the decision. There are morality and spirituality values involved in this. Many people are advocating for the preservation of the spring, and it should not go into private ownership. David Klopp, a resident of Minneapolis, said we value our lakes, rivers and springs in Minnesota, and he didn’t understand why we can’t do an EAW for this project. He stated Eden Prairie is a rich suburb and could well afford to do an EAW. The Eden Prairie parks system could be better, and this water resource should be embraced. The Miller Spring water is free, and there are not many things that are free in the world. The bluffs are unstable and the trail there is collapsing. Tara Fahey, resident of Minneapolis, said she has been drinking the water for many years. She studies native plants and was brought to the Richard T Anderson Conservation Area to see the amazing biodiversity there with plants that are unique and medicinal. She believed the water at Miller Spring is much better than at the conservation area. Artesian drinking water is very valuable, and she believed an EAW is essential to evaluate this important water source. CITY COUNCIL MINUTES May 4, 2021 Page 13 David Lucx, 15817 Porchlight Ln in Eden Prairie, was concerned about the volume of traffic on Spring Road, and how the additional 50 homes will add to that traffic volume. He was concerned about the 2018 findings of Dakota artifacts along Flying Cloud Drive which represent a recent disruption of historical land just to the southeast of the development. It would be a shame if the Pulte construction activity disturbed a native American burial ground. Haley Ousky, a resident of Excelsior, believed the ancestors of those who owned this land before will not let the new owners take over the land. This development takes away everyone’s natural home, Mother Earth, along with our water and shelter. The animals and plants that live here deserve the space as much as we do. David Smith, 9500 Flying Cloud Drive in Eden Prairie, said he has been involved in this community and has taught at all five elementary schools. He chose to stay in Eden Prairie because he believed the City places a high priority on preserving green areas and maintaining parks and trails. All of the green area has been reduced by development, and now 456 irreplaceable trees will be removed for another development. The wildlife will be driven from their critical habitat. He was also concerned that the homes to be built are not affordable homes which is not in alignment with the presentation given about adding to the stock of affordable homes in the City. Jeanna Christiansen, a resident of Victoria, said she lived in Eden Prairie for a number of years and has been going to the spring for 35 years. She reviewed the history behind the Frederick Miller Spring and noted Mr. Miller could have sold the spring to a bottling company but chose to entrust it to the City for the community and the people. The Council needs to honor that and keep the water pure for the community. She asked the Council to do the right thing and approve the EAW. Roger Cuthbertson, a resident of Shorewood, said he lives near the headwaters of Purgatory Creek and taught school for many years in Minnetonka. We know the value of our creeks and watersheds that run through the metropolitan area. He emphasized how precious the water is and the fact so many in the audience rely on this water. Ryan Rouchak, a resident of Eagan, was concerned about the heritage trees. He takes his daughter to the Miller Spring to teach her about the earth and the value of water. Pine trees were cut down during colonial days and they have not yet recovered. There are long term consequences for these decisions about development. Elena Vorobyov, a resident of St. Paul, said her family discovered Miller Spring when they immigrated from Russia 30 years ago. Her family commuted from Coon Rapids for the spring water. The spring is very important to many in the Russian community. She is hoping to buy a home in this area and likes Eden Prairie because of the parks and safety. She believed the environmental impact of this development is too important to overlook. The parks in Eden Prairie are already crowded and this development will add to that. CITY COUNCIL MINUTES May 4, 2021 Page 14 Jackie Quiram, a resident of Chaska, said her family lived in Eden Prairie for 14 years so it is very special to her. She has been drinking the water for five years. She wanted the Council to know this has been a watering hole for 130 years and is now a place where a diverse group of people meets. Sue Schindler, a resident of Savage, was concerned this situation is similar to her experience with the Credit River which took a great deal of time and effort to clean up after the area was developed. Damage will be done here when excavating begins for the development infrastructure. People just want to ensure the water is safe when they go to Miller Spring. It was not unreasonable to take the time for a study. Trey Anderson, a resident of Wayzata, said it would be good to restore life and to bring back trout to Riley Creek. The effect of this development cannot truly be known until the EAW is done. The community would gain peace of mind knowing the development is safe. Mitch Michaelson, 15190 Riverview Rd in Eden Prairie, said he has lived in Eden Prairie his whole life and came before the Planning Commission to speak in favor of the project. He respected the process and the work that has been done by the developer, City staff, the Planning Commission and the discussion here tonight. He did not respect the approach used by some who have been opposed to the development. There has been a spread of disinformation on social media along with harassment of the landowner and he did not respect that. He asked the Council to approve the proposal. Madhura Patel, a resident of Shakopee, said she was here to speak on behalf of the trees, plants and the critical habitat. She asked that justice be done for all the endangered species and all the trees and plants. Liz Reach, a resident of Minneapolis, said she used to live in Eden Prairie and continues to return for the water and to enjoy the entire ecosystem in the area. She collects the water, hikes along the bluff, and experiences the spirituality of the area. She was concerned about the landslides, the erosion and climate change, and she believed the proposed easement is not big enough. She would like to see an EAW of the area by experts and to do further study of the archeological features here. Petr Zubkov, a resident of Jordan, said he wanted to speak for the people here who are here for the water. He asked the Council to allow the water to flourish so people may drink the water and be blessed. Eden Prairie is a garden, and this is a very big choice to make. Ariadne McElligan, a resident of the state of Illinois, said he and his friends drink from Frederick Miller Spring which is a pure living water. Many people from a multi- state area come here for this water which is natural and free. It would be heartbreaking to have the water change over time after development occurs. CITY COUNCIL MINUTES May 4, 2021 Page 15 Maggie Schmitz, 15605 N. Lund Rd in Eden Prairie, asked the Council to deny the rezoning and approve the EAW in order to understand the impact of the development. She was concerned about adding 50 high income homes when the City has expressed commitment to affordable housing in the 2040 plan. She was concerned with how people have been treated and called disrespectful of democracy here tonight. The people are just here to express their right to free speech. Tony Anderson, 5605 N Lund Rd in Eden Prairie, supported the opinions of those who spoke before him. He was concerned about how this development fits into the City’s 2040 plan and into the plans for affordable housing. The homes proposed will be well out of reach of anyone seeking affordable housing as well as those with a a diverse background. He was concerned about asking individuals what city they lived in when they speak as this proposal concerns people from the surrounding area and beyond as they come here for the water. Jeff Abrahamson, a resident of St. Paul, said he was here as an attorney representing the Standal family. The Standal family has lived here since 1977 and have paid taxes on it every year plus assessments of over $80,000. This is a great family in the community who have been great stewards of the property. They are the ones who maintained the property so Riley Creek is the beautiful creek it is today. They have the right to develop their property and have chosen to sell to Pulte Homes because Pulte has done the impact studies. The Standals are asking the Council to follow the City’s comprehensive plan for a low density development here and to approve the proposal which gives eight acres back to the City. Paige Carlson stated she is a resident of the native Dakota Territory. She was concerned about cutting off the indigenous elders tonight who came to share what they believe with the Council. She asked the Council to protect the water. Elizabeth Larson, a resident of Eden Prairie, said she was here tonight to speak about her passion for the spring and to give her help to the efforts to turn this property into a conservation area. They are exploring many sources to fund that effort such as a funding referendum, a legacy fund bill, the U.S. Fish & Wildlife acquisition of the land, and amending the 2040 comprehensive plan to change the property to open space and park. They need cooperation from the parties involved and need the public to have a seat at the table. She was concerned a recent affordable housing development was denied for environmental reasons yet this development is being considered. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing. Motion carried 5-0. Case expressed his gratitude for those who came tonight. He related his response to a question asked of him during his recent interview with the Sun Current as to whether his mind was already made up on this project. He responded we always have to stay open to a public hearing, but he believed if any government official went into a vote CITY COUNCIL MINUTES May 4, 2021 Page 16 with no idea of how they planned to vote, that individual had not done his due diligence. He stated in all of his research before tonight’s meeting he followed the evidence and responded back to all the phone calls and emails as honestly as he could. He thanked everyone in the audience for their activism and involvement because respectful positive involvement is great for American democracy. Our residents have committed to use their tax dollars to fund all our parks and open spaces, to maintain Miller Spring for everyone to use, and to keep all the other great features we have here in Eden Prairie. Case said the people of Eden Prairie and the City Council pride themselves in our environment. We are the only City that has a 2050 carbon-neutral goal and a plan to get there. Our City has a plan to get an all-electric battery fleet by 2030 and will be the only City to have an electric police car within the year. Our tree replacement policy instituted back in 1996 has been copied by 50 other cities, and Hennepin Village is living proof of that policy. There were no trees in that area before it was developed, and it is now an urban forest. That shows what our tree preservation policy does and where our values are. He thanked the audience for caring about the spring and related his own personal connection to the Frederick family over many years. As part of a separate project, Case believed we should make Miller Spring more accessible and add amenities such as a canopy or shelter there. He has already talked to staff about the possibility of adding more spigots to make this a better experience for all those who come to the spring. Nelson asked the developer how the stability of the slope would be ensured during the regrading and tree removal process and after that is completed. Mark Rausch, Alliant Engineering, said they will work with Braun Intertec, the geotechnical specialist for the project. The site will be graded to a maximum slope of 3-to-1, and it will be revegetated immediately. Much of the outlot slope area will remain undisturbed during the construction process. Nelson asked about what they will do to ensure the safety of the homes located above the project in Hennepin Village. Mr. Rausch responded Hennepin Village has a well- designed containment system so the water is contained and does not come onto this project. There will be a storm sewer installed to help contain the water to the east where the road connection will be set up. Nelson then asked how the dust and debris from the construction will be contained and kept from the stream and the sand gravel habitat. Mr. Rausch replied there will be such things as erosion control, inspections after heavy rainfall, berming and other measures to clean up and stabilize. Nelson asked if the system will be built to be adequate for a hundred-year storm which seems to be happening much more frequently now. Mr. Rausch said they will do the best they can. CITY COUNCIL MINUTES May 4, 2021 Page 17 Nelson noted the cul-de-sac appears to be very tight and the first lot on the cul-de-sac is very tight. She asked how far back the house on that lot will go. Mr. Rausch replied all of the setbacks for those homes on the cul-de-sac will be the same. Nelson noted the City is trying to make homes more sustainable for the lifetime of the first and later owner. Most homes in Eden Prairie were built during a time when two- story homes were very popular, and most of them did not have full bathrooms on the first floor. People who live in them are coming to realize access to a bedroom and full bathroom is needed on the main floor for any family member who cannot climb stairs. If the home does not have that, in many cases they have to move. We are being told people want a home in which they can age in place or care for those who can’t climb stairs, and we are concerned about how we help people to do that. The home plans provided with the materials shows only a half bath on the main floor with a shower as an option. She asked if the optional shower offered could become a basic with an option to opt out. Mr. Lotter replied these homes are being designed for a younger, growing family, but Pulte does provide the option for a full bathroom on the first floor. In recently completed research, the option for a full bathroom on the first floor was chosen 26.4% of the time by Pulte Home buyers. Pulte offers other kinds of housing throughout the metropolitan area. Pulte believes the consumer should be able to choose that option. Given the footprint of these homes, they may be more easily modified than other home designs. Freiberg believed it was important to clarify the difference between a significant tree and a heritage tree. He noted a significant tree can be as small as eight inches in diameter and that size would not be considered a heritage tree. There is a lot of misinformation on the internet about this project and the number of trees to be removed. The information provided the Council reports 789 significant trees on the site, of which 445 will be removed; however, not all of the significant trees to be removed are heritage trees. Mr. Kotter replied those numbers are correct. Toomey asked if the stormwater runoff would go to the south and east of the spring. Mr. Kotter replied the runoff will be contained as to rate and volume, and the quality of the water will meet or surpass the watershed district’s permitting requirements. Outlots A and C at the entrance to the development will have ponding areas in them, and there are infiltration basins to the southwest of the development. Toomey noted Outlot D has a pond on it as well. Mr. Rausch said the stormwater is routed in two different ways: to the north for about 1/3 of the site, and the remainder goes to the south and east of the development after it is captured by the two ponds and is treated at a much higher level before it is ultimately discharged. Narayanan thanked the proponent for providing options for EV charging because that has been a big concern of the Council. He asked if there is a chance runoff could flow into Riley Creek while construction takes place. Mr. Kotter replied they will comply with the City and the watershed district rules regarding management of runoff during the grading and utility work for the infrastructure so that will be monitored every day and will have to comply with watershed district and City rules. CITY COUNCIL MINUTES May 4, 2021 Page 18 Narayanan asked if there is a possibility of the retaining walls degrading so the City would have to repair them in the future. Mr. Kotter replied they will use a lock block retaining wall for this construction rather than a boulder wall. There will be a homeowner’s association established for the development which owners will pay into and which will be responsible for maintaining and repair of walls if needed. Case asked what the life expectancy of the walls will be. Mr. Rausch replied it will be 50 years. Case noted there are many Christmas trees still on the site and asked if even half of those could be saved to be replanted later on the site, especially along the east border. Mr. Kotter responded it is possible, depending on the size and maturity level of the tree. He discussed this with his boss who said they try to do that when possible as it is very economical to do that. Mr. Abrahamson reported the Standal family has been working diligently to preserve as many of those as possible. He noted there are some varieties of pine that do not transplant. Case said his hope was they could be kept on site along the border and by Spring Road for purposes of mitigation. Case said the Council has encouraged developers to put in a EV plugs because those are easily put in at the time of construction and is a minor cost on an $800,000 house. He would like to see that included in this project as well as every new garage in the future because of the City’s commitment to get to a total electric fleet by 2030. He noted it is possible there may be 50-75% electric cars by 2030. Narayanan asked if there is any risk of landslides occurring after development. Mr. Kotter said their engineers have looked at any concerns and have designed to protect against that. Toomey asked if the Occupational Safety and Health Administration (OSHA) would inspect for those conditions. Mr. Kotter was not aware OSHA would be involved in inspecting that type of slope, rather they would usually inspect for trenching or if a trench box might be required. Freiberg stated the Council collectively represents 64-65,000 people, and none of us want dirty water. We are all dedicated to maintaining our resources here in Eden Prairie. He and Mayor Case spent many years serving on the Heritage Preservation Commission, and both are very well versed in the situation here with water. One thing that is very important with this issue is private property rights. Our country is built upon that. If we start to go against that, we will break down the foundation we were built upon. We will always do everything possible to preserve the environment in Eden Prairie. Every person up here believes that in their heart and has a great passion to do the right thing. The right thing in this case is to respect private property rights. He said anyone who doubts that should switch places with the Standals and see how the feelings match up to the facts when you are told you cannot sell the property. He spoke to many people about his decision being not predetermined tonight and he told them he will listen to each person’s voice. He was concerned there has been a mix of feelings in the reactions that moved the discussion from water quality onto such things as endangered species and affordable housing. Changing the type of housing CITY COUNCIL MINUTES May 4, 2021 Page 19 would have no effect on water quality He stood strongly behind the right of a property owner to sell his property. Nelson stated we have protected the spring for the last 50 years and plan to protect it for the next 50 and beyond. We have a proud heritage of keeping the water free, clean and available to the public. We may be able to add spigots and build a shelter as Mayor Case suggested. She believed it was important to get the rest of Riley Creek under protection as well as the sand gravel habitat area to protect the plants and animals that live in there. We will have City staff monitor that during the development process. Everything we have learned here along with the history of the spring says the spring is from the other side of the road and goes down through sand. She had no worries about the spring being available to all free of charge with safe parking and safe water. She was okay that the plans will keep the slope safe, and home inspectors will have to make sure it happens. Nelson thanked the Standals for protecting their farm land and being good stewards of the land. That land has had farmers on it since at least 1880. Farmers have always tried to grow crops in the best manner and that probably takes fertilizer and insecticide. So this land has not been wild and uncultivated; rather it has been farmland since this area was first developed. Her main concern was continuing to build the same home style that has caused problems with our current home stock regarding aging in place. It has been a big problem in the City, and there have been families forced to move to another home because of not having a full bathroom on the main level when a family member cannot climb stairs. She was still considering her vote at this point. Narayanan noted this project has consumed a lot of his time during the last month as he assumed it had for the other Council Members. He has received hundreds of calls and emails. He read the information in the 1653-page Council packet two times. The Council is taking this extremely seriously. We will not affect the water quality in Eden Prairie. We have all been here at least 20 years or more and are passionate about Eden Prairie and are sitting here at 11:40 PM because we are concerned about the 65,000 residents of Eden Prairie. Most of us walked around the site to understand how it is laid out. He stated he believes in science, and all the information has led him to believe the spring will not be affected by the construction. He noted everyone here tonight saw the financial report earlier in the meeting and saw the amount of money the City puts into placing trees around the City. Narayan stated he truly believes the staff at Eden Prairie can be believed and he relies on their analysis because they have seen thousands of developments dome through the approval process. He would not be in favor of this development if he believed it would adversely affect the spring. Also, the watershed district has experts in water quality, and they will also be checking the proposal so another independent body will make sure we did not make a mistake to approve the project. CITY COUNCIL MINUTES May 4, 2021 Page 20 Toomey thanked everyone who spoke to the Council and also those who presented tonight. She approaches things pragmatically and looks at the facts and studies that have been done. She did not believe there is any evidence Riley Creek will be significantly impacted. The City and the watershed district have participated in several stream bank stabilization and creek restoration projects in the past and will continue to do that in the future. The creek has actually improved in certain aspects since studies were begun in 1999. A portion of the runoff from the property now does go into the creek, but that area will be part of the eight acres deeded to the City and replanted with trees. Hennepin County deemed the portion being developed as having no significant biodiversity. The spring will not be affected. Over eight acres will be deeded to the City which will serve as a buffer between the spring and the homes. The spring originates across the road on the west, and the runoff will be to the south and the east. In addition, the runoff will be treated in several retaining ponds on the property. The City will continue to do monthly testing for nitrates, and the spring will be there for many years to come. She understood the trepidation of those opposed to the project, but they must consider the facts and the opinions of the experts who have come with their reports. Many of the emails we received asked us not to get rid of the spring or not to destroy it. She wanted to make it as clear as possible that nothing is going to happen to the spring. In conclusion, Toomey said this is private property we are talking about, and this family has a right to sell their land. The land is being rezoned to low density housing, not urban. Eden Prairie is a great place to live, and we would never approve anything that would harm it. The City Council has a responsibility to do the right thing, and this project is the right thing. She asked the project opponents to read the reports and to look at the facts. Nelson said Eden Prairie has 43 miles of nature trails, 1400 acres of natural areas, plus another 1000 acres of maintained parks and another 160 miles of non-nature trails, so this particular 18 acres is not the only natural area for people to walk. Most towns don’t have 1400 acres of natural area, but we in Eden Prairie have put that together over the last 30-40 years. Case said he understood why neighbors surrounding a property would not want an infill piece of property to be developed. We deal with this situation several times a year now that there are primarily small parcels left to develop. That is what we and our neighboring communities are going now because there are no larger plots for sale. Cities cannot buy every piece of open space across their city. He wanted Eden Prairie residents to know we far surpass cities around us in the amount of open space land and natural areas that we have purchased with tax dollars and referendum money. We own the largest old-growth virgin wood stand in the seven-county metro area, the Big Woods. We own more bluff land along the Minnesota River than any other city near us. We have 10% of all Eden Prairie land in parks and open areas. He suggested the audience members from other cities go back to their cities and tell them to do more because we in Eden Prairie have already done more. CITY COUNCIL MINUTES May 4, 2021 Page 21 Regarding Miller Spring, Case said he understands there is a general belief there is a conspiracy when a developer brings in an expert and that expert will not be open or honest. Summit Envirosolutions is a very reputable company. Our City staff works with them and serves on committees with them. They are certified and licensed and would lose their licenses if they did not come in and speak on behalf of Eden Prairie residents and those who use the spring. The hydrogeologist who was here tonight is one of the best in his field. While we cannot guarantee the project will not damage the spring, and EAW would not do that either. We would have to dig 90 feet underground to get to the clay level to prove something about where the water flows. However, we can make some really good scientific guesses by digging several wells around the area and measuring those. We know that is a seep that comes down from a 90-foot level and we know where it comes out on the west side at elevation level 781. The Noble Hill project is at elevation level 731 so for water to get to the spring from Noble Hill, it would have to travel upwards for 50 feet. He can absolutely assure people this development will not harm the spring. The spring will be protected, the water will be pure and protected for decades to come. This project which is low density and which give the City another eight acres will even further protect the creek and the spring. We will improve the spring and make it an even better place. Case explained Riley Creek and Lake Riley are impaired. The creek encounters all kinds of pollution issues along the way as it flows down to the river. If this property were to stay as a tree farm, they would have to use pesticides, insecticides and fertilizers for the trees. The farms on this property before the Standals used even higher levels of fertilizer and pesticides. All of that washed down into the creek for decades. This project captures 98% of the sediments in the NURP ponds. He proclaimed he is an environmentalist and will work hard to leave Eden Prairie a better place for his grandchildren. In the final analysis, this project leaves the spring and the creek better. As to the tree issue, Case observed not long ago the property was all farm land. Eight acres are now being given to the City, and that eight acres will be wooded. Every project he has every reviewed for the City has cut down trees. He first ran for the City Council on a tree preservation platform because a developer had clear cut 30 or 40 acres and then gone bankrupt. We have had a tree preservation policy for many years and there are more trees in Eden Prairie now than at any time since the glaciers. Trees will be cut down, but they will be replaced and will grow back. Yes, some of the animals will be gone and he feels bad for them, but this project is contiguous to parkland and a deer corridor so the animals will be able to move to a park area. Case explained our job as a Council is to manage development processes. We do not approve projects to improve our tax base. We manage development processes. The landowners decide to sell their land and a developer comes in and asks us if our code, policies and procedures allow their project. We did not choose Pulte Homes to build this project although they have built four times in Eden Prairie since he has been on the Council and we have not had problems with Pulte. We could not, by law, refuse their development because we heard they have a bad reputation. Our City Attorney CITY COUNCIL MINUTES May 4, 2021 Page 22 attends each Council meeting and checks everything we do because she will be the one to defend us in court if we are sued. We are very careful to do things legally and appropriately. The Council has a very broad responsibility, and he believes the evidence shows we have done a really good job. It is not legal to put roadblocks up in front of people so if an EAW is not required, we cannot support having one. All the questions asked in the EAW petition have been answered by the information we received. We trust our staff, the DNR, the watershed district and the expert companies brought by Pulte because our City staff oversaw their work. We, as well as the State EQB, do not operate by just doing an EAW as a backup. Both an EAW and an EIS are meant for very large projects. He noted you can’t build an affordable home on a $200,000 lot and the market determines that figure. It may well be that Eden Prairie and our neighboring cities may never again build an affordable single family home. However, we can build apartments or townhouses that will be affordable. We build along the continuum of housing, and in recent years we have built apartments. He noted the misinformation out there is misleading and is really sad. MOTION: Narayanan moved, seconded by Toomey, to close the public hearing; to adopt Resolution No. 2021-33 denying Citizen Petition for Preparation of an EAW; to adopt Resolution No. 2021-34 for a Planned Unit Development concept review on 27.51 acres; to approve the first reading of the ordinance for a Planned Unit Development district review with waivers and a Zoning District change from Rural to R1-9.5 on 27.51 acres; to adopt Resolution No. 2021-34 for a preliminary plat to divide 3 parcels into 50 lots and 4 outlots on 27.51 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; to authorize the issuance of an early land alteration permit for Noble Hill at the request of the developer subject to the conditions outlined in the permit. Case said he wanted to be sure to include the request to put in the EV plugs in all the homes. Nelson said she wanted to make sure the home design can be easily modified to include a full bathroom on the main floor. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL MINUTES May 4, 2021 Page 23 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 MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 12:08 a.m.