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City Council - 08/17/2021APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 17, 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 Matt Sackett, 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV.A.1.,A.2., and A.3. MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 13, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 13, 2021 Getschow noted there was a typo in the Council Workshop minutes in the first sentence of Item 1 on Page 1. MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, July 13, 2021, as amended, and the City Council meeting held Tuesday, July 13, 2021, as published. Motion carried 5-0. CITY COUNCIL MINUTES August 17, 2021 Page 2 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2021-60 APPROVING FINAL PLAT OF NOBLE HILL C. APPROVE USE OF $46,730.94 CDBG-CV CARES ACT FUNDS FOR PROP D. APPROVE USE OF $25,500 CDBG-CV CARES ACT FUNDS FOR PROP SHOP E. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES F. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION (EPFRA) BYLAWS G. AUTHORIZE LEASE AGREEMENT WITH EDEN PRARIE SCHOOL DISTRICT FOR USE OF LOCKER ROOM SPACE AT COMMUNITY CENTER H. APPROVE SUB-GRANT AGREEMENT WITH TP PARAVEL INVESTOR LLC FOR $885,000 MET COUNCIL LCDA GRANT FOR PARAVEL PROJECT I. APPROVE COAL TAR SEALANT TOLLING AGREEMENT J. ADOPT RESOLUTION NO. 2021-64 AWARDING CONTRACT TO KRAEMER NORTH AMERICA, LLC FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT K. APPROVE AGREEMENT WITH BOLTON & MENK FOR CONSTRUCTION SERVICES FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT L. APPROVE AGREEMENT WITH AET FOR MATERIALS TESTING FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT M. APPROVE CD3 SYSTEM SERVICES AND SOFTWARE LICENSE AGREEMENT WITH CD3, GENERAL BENEFIT CORPORATION FOR CLEANING STATION AT LAKE RILEY BOAT LANDING N. AWARD CONTRACT TO PARROT CONTRACTING INC. FOR OLD SHADY OAK ROAD CULVERT IMPROVEMENTS CITY COUNCIL MINUTES August 17, 2021 Page 3 O. APPROVE AGREEMENT WITH STANTEC CONSULTING SERVICES INC. FOR 2021 POND DREDGING PROJECTS MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-O on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE CENTER by R.J. Ryan Construction. Resolution for Planned Unit Development Concept Review on 3.96 acres; First Reading of Ordinance for Planned Unit District Review with waivers on 3.96 acres; Resolution for Preliminary Plat on 3.96 acres (Resolution for PUD Concept Review, Ordinance for PUD District Review, Resolution for Preliminary Plat) Getschow stated the applicant is requesting approval to construct a 5,200 square foot gas station/convenience store with a car wash and an 11,280 square foot auto repair facility on the property located in the NW corner of the intersection of Pioneer Trail and Hennepin Town Road. The Planning Commission voted 8-0 to recommend denial of the project at the June 14, 2021 meeting. Peter Coyle, attorney with the law firm of Larkin, Hoffman, acknowledged the helpfulness of City staff. He noted he was surprised the Planning Commission denied the application. Mario Cocchiarella, Maplewood Development and Construction Company, stated he purchased the property out of bankruptcy and tax forfeiture. They consulted with City staff about permitted uses under the PUD, and a gas station and convenience store was at the top of the list as far as approved uses. He has reviewed the previous plans submitted for this land as well as for other gas and convenience projects in the City, and noted the required review process for such projects is quite rigorous. There was always someone on this land and it was farm land originally. By zoning land, we set a tone for what will be built on the property. He believed the charge of the Planning Commission and the City Council is to be forward thinking enough to recognize the value of the thoughtful planning required and to refer to the type of framework established for this property. Planning staff recommended approval and did state this is an acceptable use. With this application he believed we have a responsible franchisee in Holiday. They have a long history of doing things correctly. He would encourage the Council to approve the application. At the neighborhood meetings nobody expressed surprise at the use proposed despite the objections to the project. This project is commensurate with the permitted uses. Dan Lavender, project engineer, gave a PowerPoint presentation showing the details of the project and the changes made since meeting with the Planning Commission. He noted they added an access to Breezy Way, removed two parking stalls, enlarged the landscape island and added three EV charging stations. They revised the driveway at CITY COUNCIL MINUTES August 17, 2021 Page 4 Breezy Way to be a right out/left in only with appropriate signage and striping to prevent traffic from using Belmont Lane through the neighborhood. The project has an easement over Breezy Way. The traffic analysis shows acceptable levels of service during the a.m. peak. There is an existing poor level of traffic during the p.m. peaks. As a solution to the additional traffic from this project, they propose installing a flashing yellow light at Hennepin Town Road and Pioneer Trail for southbound traffic to reduce queueing that occurs at the intersection. The yellow light would be fully funded by the developer. They have also agreed with the City Engineer to ¾ access at the site driveway once traffic levels reach the 2023 expected levels. Toomey asked if the ¾ access is on Breezy Way or Hennepin Town Road. Mike Schofner, project developer and builder, replied it is Hennepin Town Road. Mr. Coyle observed this site has long been zoned and guided for commercial use, so this is not a recent usage for this land. The landowner is entitled to the use of his land according to City zoning ordinances. There have been multiple conversations with developers for potential gas station uses. He noted not to include the access off Pioneer Trail was a compromise for them. The City’s planned use is approved, and the PUD ordinance process provides an allowance for flexibility in the application. They took several of the proposed waivers off the table with the current modifications. The City has already approved undersized lots for the property for previous applicants. There are two permitted, auto-related uses that will share access to this development. The requested waivers are justified by the site and building plan. The plans do not conflict with the City’s 2040 Comprehensive Plan. They have asked for a waiver for both the minimum lot size and width, and those waivers will bring the property closer to the required minimums. The third waiver relates to the internal parking setback. A separate canopy from the building itself ensures a safe and secure access, and the flat roof design of the canopy allows efficiency of operations for the site. They believe the placement of the gas station canopy away from the residential neighborhood to the west enhances the well-being of the residents. Case commented the Council has sat through a few stressful and controversial meetings this summer. He thanked the audience for being respectful of the proponent, and noted all of the Council Members are Eden Prairie residents. He asked that a couple of people from the audience speak and represent the others in attendance, although everyone is able to speak if they want. He noted he has had very respectful conversations with Mr. Schofner as well. Jay Stankiewicz, 10016 Shadow Pond Drive, noted he has been looking at this proposal for two years. He wanted the Council to make the right decision about this proposal. The truth of the matter is that the minor changes made by the developer do not remotely address the major concerns for which the Planning Commission voted unanimously to deny the request. Among the concerns not addressed were the increased traffic issues at an intersection already given a grade of “F”; the service center’s location within a stone’s throw of many residential homes; and the non— residential commuters the development will bring into the area 24 hours a day, seven CITY COUNCIL MINUTES August 17, 2021 Page 5 days a week, and 365 days a year. This will shoehorn an overly large development on acreage that cannot support it. This would be one of the largest operations in the City built in the middle of a densely-populated residential area. Mr. Stankiewicz continued by stating interpretation of the neighborhood commercial district matters because the purpose of that classification is to serve the residents of the immediate neighborhood and to minimize the adverse effects on the adjoining residential uses. He stated the neighborhood does not need this development. The residents have paid their taxes and made investments in their homes here with good faith to be able to continue to live their lives in a clean, healthy and safe environment. This isn’t the right business for this site, and it is not the right intensity. The land around the site has been developed since this land was purchased many years ago. In addition, he believed the proponents’ lack of communication with the neighborhood is disgraceful. Jerry Maher, 9778 Belmont Lane, said he serves as the President of the Bluff Country Village Association. He explained the Bluff Country Village townhomes have access only to Hennepin Town Road by a U-shaped drive formed by Belmont Lane and Breezy Way. This proposed development is not needed in this neighborhood, nor does the Costco-sized development fit into the neighborhood. No Eden Prairie gas stations have been built that close to existing residential properties. Currently, traffic in the afternoon peak hours can cause residents of Bluff Country Village to wait 15 minutes to exit their homes. This proposal will bring 252 more vehicles onto Hennepin Town Road. Traffic will have to go through Hennepin Town Road despite making Breezy Way an entrance off Pioneer Trail. This project will effectively make Belmont Lane no longer private. The ¾ access proposed simply makes things worse. The deal by which Bluff Country Village will pay 50% of the cost to maintain Belmont Lane and Breezy Way will be onerous to the residents. He asked the City Council to reject the proposal. Bruce Baron, 9781 Belmont Lane, stated he spent his working career building roads for the City of Minneapolis. Belmont Lane is a residential road and cannot withstand a heavy increase in traffic because it is a private road and was not designed for heavy traffic. The Homeowners Association owns the road, and they will be stuck with the repair of the private road. He was concerned the clientele at a 24-hour business from the hours of 2:00 to 5:00 a.m. is not the type the residents would want in their neighborhood. The 24-hour convenience store can become a rendezvous spot, and the town home community there would become a prime target for crime. Alicia Reeves, 9673 Belmont Lane, reported she is the President of the Bluff Country Village condos. She was concerned there are two bus stops located at the road intersections in the area. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing. Motion carried 5-0. CITY COUNCIL MINUTES August 17, 2021 Page 6 Case thanked the residents present for allowing a limited number of residents to speak on behalf of the rest. He noted the Council has received many email comments so he felt the Council Members are pretty knowledgeable about the development proposal and the viewpoints of residents from the surrounding neighborhoods. Nelson asked how many pumps are proposed for the gas station. Klima replied 16 pumps are proposed. Nelson then asked how many pumps the typical gas station would have and how many a gas station located in a local neighborhood would have. Klima replied the number of pumps for gas stations in Eden Prairie ranges from six to 14, and three of the existing 12 gas stations in Eden Prairie are in residential areas. Nelson asked if this gas station would be open 24 hours a day. Mr. Schofner replied it would be. Nelson asked if the car wash would also be open 24 hours a day. Klima responded it would be open 24 hours according to the application. Nelson asked about the number of stalls and the hours of operation for the repair business. Klima replied the hours are 7:00 a.m. to 5:00 p.m. Monday through Friday with some Saturday hours, and there are ten bays planned for the repair service. Nelson commented in all of our areas of planning for community commercial, gas stations were allowed but consideration was given to the surrounding community itself. It sounds like this development would not fit into neighborhood commercial. In a different kind of zoning, this might be quite appropriate, but she was not sure it was appropriate to have neighborhood commercial that generates a lot of traffic with access on a private street. She thought this development does not sound reasonable for this neighborhood, and she was concerned about privacy. Case explained no one should want the Council to make decisions based on a noisy audience or the volume of emails received. We have representative government in America because we need reasoned and studied deliberation. Our job is view the whole picture and allow the developer to give a complete and total review and also to allow the surrounding neighborhoods to give their perceptions. We don’t choose the types of projects that fit within zoning ordinances nor do we choose the developer, the brands or the companies. Owners have that land-owning right. This property sits at a strategic location in southeast Eden Prairie, and it has been zoned neighborhood commercial for many years. Anyone doing their due diligence prior to purchase would see this property is already zoned neighborhood commercial which does include a gas station. While there has not been a new gas station built in our City for many years, this particular project would be the largest gas station in town except for Costco. Since the 1990’s our City Councils have been very careful not to approve the overbuilding of neighborhood commercial in residential areas. He believed a gas station open 24 hours with 16 pumps, a carwash, a 10-bay auto repair facility and a bright canopy meets the definition of overbuilt. We currently have commercial property in the City that has attracted this type of development within the regional commercial areas and not in proximity to a large residential area. He cautioned the property owner and future developers as well as the neighbors to the northwest that something will go into this location and it will undoubtedly increase the traffic volume. However, tonight he couldn’t vote for this project as proposed. We haven’t CITY COUNCIL MINUTES August 17, 2021 Page 7 limited the number of pumps for gas stations as many cities do. If the project is denied by the Council tonight, he asked staff to work with the landowner to creatively problem solve other possibilities to fully actualize the value of the land with a less intense use of the land with a lower impact on the traffic situation. Freiberg asked what kind of trucks would use the taller repair bay planned for the auto care store. Mr. Schofner replied it would not be large enough to accommodate a semi. Freiberg related he has walked the property, and this proposal looks like the developer is trying to stuff as much building as possible into this small property. He was concerned about the height of the buildings so near the residential areas. He was concerned about the easement on a private road which brings the question of upkeep needed because of the heavy traffic that will now use the road. He believed this would take advantage of the homeowners’ association because the association would be on the hook for the road repairs. He looked at the traffic in this area as a possible disaster. Even as it is now, the traffic there is deadly. Customers of the day care and Walgreens use the roads here as well and the increased traffic would endanger children. He saw problems if this development were to be built. Nelson questioned the size of the development because this isn’t a Costco situation. This development is not right for this neighborhood and she was not inclined to differ from the Planning Commission at this point. This would be a very large development, and it is not what she envisions for neighborhood commercial. It doesn’t seem like it would fit in this neighborhood, especially with this particular road situation. Narayanan asked how far this development is from the nearest home. Klima replied the development is 65-70 feet from the other buildings in the area. Narayanan was concerned about the volume of truck traffic from Hwy 169 at 2:00 a.m. with the proposed 24-hour operation of this project. He commented the work at the car repair bays could be a source for high pitched noise and would be annoying to the neighbors. He asked if a noise study had been done. Klima replied a noise study was not completed. Narayanan asked about the tree replacement plan. Klima explained the plan with this application will replace the number of trees required for this development and will pay cash park fees in lieu of planting the extra trees required as a result of transfer from other surrounding projects already completed. Narayanan expressed concern about the size of the development, the 24-hour operation, and the traffic coming off Hwy 169 at 2:00 a.m. He asked if diesel fuel will be sold at the gas station. Mr. Coyle replied both gas and diesel will be sold there. Mr. Coyle corrected previous statements given including the fact the car wash will not operate 24 hours a day and will close at 10:00 p.m. He said three opportunities were given for neighborhood input. Narayanan stated our sustainability goal is for net zero pollution, and here we are being asked to approve a 24-hour gas station that would add to the pollution from that many gas pumps and from the auto repair operation. He wondered how this works, strategically, in the long term. CITY COUNCIL MINUTES August 17, 2021 Page 8 Toomey asked how many of the three gas stations in residential areas were in place before the neighborhood was developed. Klima could not confirm that. Toomey agreed there are concerns about noise and safety as well as the increased traffic. She was reluctant to support this big a development in proximity to the homes on Bridgehill Terrace. It is too big and too close to the residential areas. She believed it would be irresponsible for her to support something like this. Case explained this is the first time the five Council Members have talked about this issue together, and the audience is witnessing government in action as we think through this project. He again cautioned something will go into that corner property. Our current zoning policies allow for flexibility on the part of the developer, but also allow for flexibility on the part of the City Council to take into consideration the intensity of use and its impact on the proposed site. This particular project does not feel like an appropriate use for this site Case asked about the process if we direct staff to bring back findings of denial. Neuville replied the Council would direct staff to prepare findings of denial, and the findings would be brought back to the Council for approval. MOTION: Narayanan moved, seconded by Freiberg, to direct staff to prepare Findings for Denial of the PUD concept review, the PUD District review with waivers, the preliminary plat and the site plan. Motion carried 5-0. Case thanked the applicants for their interest in Eden Prairie. B. ASIAN PLAZA by Xing Zhao. Resolution No. 2021-61 for Planned Unit Development Concept Review on 4.68 acres; First Reading of Ordinance for Planned Unit District with waivers on 4.68 acres. (Resolution No. 2021-61 for PUD Concept Review, Ordinance for PUD District Review) Getschow said the applicant is proposing to repurpose the former Gander Mountain property. The property would be used as a retail center with tenant spaces including retail, restaurants and offices. Specifically, the plans include a large main level Asian grocery store with several tenant spaces and Asian themed food services. The building currently includes a mezzanine area measuring 16,750 square feet in size. The applicant is proposing to expand the mezzanine area to provide an additional 15,550 square feet of floor area. This increase in floor area requires an increase in parking to be provided on site in order to comply with City Code parking requirements. The applicant is requesting a waiver to the parking requirements to allow the additional floor area to be added without constructing additional parking stalls at this time. Staff recommends the development agreement include proof of parking, which is language that allows the City the discretion to determine the timing and the amount of structured parking necessary. Similar language has been included in the approvals for other properties in commercial and industrial zones. The Planning Commission voted 7-0 to recommend approval of the project at the June 28, 2021, meeting. CITY COUNCIL MINUTES August 17, 2021 Page 9 Jay Isenberg, consulting architect, gave a PowerPoint about the project which is designed to be a regional gathering place for the Asian community. He reviewed the floor plans for the first and second floor and stated the building will have a mix of food services, restaurants, a food court, an Asian grocery and small offices. He reviewed the parking demand and traffic study which was completed after the mezzanine expansion triggered additional parking requirements. They determined the initial parking demand could be accommodated by the existing 294 spaces and have submitted the request for a PUD parking waiver. They expect the redeveloped property will be in line with the Eden Prairie Aspire 2040 Plan. In addition, the mezzanine expansion triggered a structural review of the foundation and column structure. They expect the redeveloped property will have a low impact on the surrounding properties and roadways. He reviewed the site plan improvements proposed and pointed out the materials planned for changes to the exterior to give the building a more Asian feeling. There were no comments from the audience. MOTION: Toomey moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Toomey asked what other types of businesses would be in the building besides food. She noted at the time she visited the site there was talk about a school and a bank going in there. A representative of the applicant reviewed the tenants planned for the building which were primarily food-related businesses. He noted there will be no schools or tutoring in the building. Narayanan expressed his excitement over the project and asked if there will be a drive-through. The applicant replied there will be no drive-through. Narayanan then asked if there are plans to fortify the roof so it could support solar panels. A representative of the applicant identified himself as a part owner of the property and explained they have discussed adding solar to the building but it would probably be five years out. Narayanan commented the number of charging stations seems low in light of our efforts to be carbon neutral. This may be an opportunity to increase the number of charging stations. Case agreed the subject of the future of EV cars is important and suggested that could be a subject for a future Council workshop where we could have input from experts in the field and possibly determine a ratio to consider with future plans. Nelson commented several people have asked her when this will open, and they are very excited about it coming to Eden Prairie with the planned variety of Asian foods. She liked the looks of the project. Freiberg liked what they are doing and the concept is outstanding. The idea of sit down restaurants comes up all the time so that is another big plus for this project. CITY COUNCIL MINUTES August 17, 2021 Page 10 Case was thrilled they chose Eden Prairie and believe we are so welcoming and inclusive you wanted to settle here. MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2021-61 for a Planned Unit Development concept review on 4.68 acres; to approve the first reading of the ordinance for a Planned Unit Development District review with waivers on 4.68 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. C. BURGER KING by Cave Enterprises Operations, LLC. Resolution No. 2021-62 for Planned Unit Development Concept Review on 1.34 acres; First Reading of Ordinance for Planned Unit District with waivers on 1.34 acres (Resolution No. 2021-62 for PUD Concept Review, Ordinance for PUD District Review) Getschow said the applicant is requesting approval to construct a new Burger King restaurant with two (2) drive thru lanes at 16345 Terrey Pine Drive. The property is located at the corner of Eden Prairie Road and Highway 5. The property is zoned Hwy-Commercial and is guided for commercial use. The applicant is requesting PUD waivers. The previous use on the property was a Burger King restaurant, which is currently vacant. Adjacent uses include commercial to the east and south and Highway 5 to the north. The applicant is proposing to demolish the existing restaurant building to construct the new restaurant building. The proposed building is approximately 3,280 square feet. The Planning Commission voted 7-0 to recommend approval of the project at the June 28, 2021, meeting. Kevin Kinney, Director of Operations for Cave Enterprises, reported his family- owned company is very involved in community organizations. They have a goal to operate their business as a good partner and neighbor in the community. Kevin Dummer, representing KOMA Architects, gave a PowerPoint presentation about the project. The new building will be the first of a new prototype for Burger King restaurants. He reviewed the elevations of the building and the outside playground proposed. They were able to reduce the amount of parking so they increased the amount of landscaping. He noted the hours of operation work well with the new coffee shop to be built nearby. He reviewed the landscape plan and the sustainability components included in the plans. There were no comments from the audience. MOTION: Freiberg moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Freiberg asked why the existing building could not be remodeled and expressed a general concern regarding avoiding whatever issues were encountered by the two previous Burger King restaurants in the City. Mr. Dummer explained this building had been remodeled a couple of times and did not fit well in the new model which is CITY COUNCIL MINUTES August 17, 2021 Page 11 designed more for drive-through dining than for sit-down customers. Nelson was glad they chose to build new rather than remodel. She expressed hope someone will do something at the other Burger King location. Narayanan stated this is one of the properties he has been asked about often over the last three years. He was very excited about the new design and the new architecture. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution 2021-62 for a Planned Unit Development concept review on 1.34 acres; to approve the first reading of an ordinance for Planned Unit Development District review with waivers on 1.34 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 Burger King at the request of the developer subject to the conditions outlined in the permit; and to authorize the issuance of an early footing and foundation permit for Burger King at the request of the developer subject to the conditions outlined in the permit. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Narayanan 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 A. INCLUSIONARY HOUSING (First Reading of Ordinance; Resolution No. 2021- 63) Getschow pointed out the Council formed a task force to study inclusionary housing and has had much discussion about the topic at many workshops and meetings. All of the discussion has brought us to the point where we have an inclusionary housing ordinance to present. Jonathan Stanley, Housing and Community Services Manager, gave a PowerPoint overview of the new policy, which was based on the results of research by the staff and the Housing Task Force. He reviewed the Task Force and staff recommendations for the ordinance and the actions requested from the Council. He noted most of the recommendations match those of the Task Force with some changes: the term of inclusionary units will be in perpetuity; a payment in lieu option for attached for-sale developments (condos and coops); and projects receiving TIF must add an additional 5% at/below 80% of AMI. Freiberg asked how single family housing would fit into the ordinance. Stanley replied single family developments are not included in the ordinance. CITY COUNCIL MINUTES August 17, 2021 Page 12 Case thanked Mr. Stanley for his time and effort on this new ordinance. MOTION: Narayanan moved, seconded by Nelson, to approve first reading of an ordinance enacting a new City Code Chapter 13 relating to inclusionary housing; to adopt the City of Eden Prairie Inclusionary Housing Policy; and to adopt Resolution No. 2021-63 amending the Comprehensive Municipal Plan to add the text of the Inclusionary Housing Policy. Motion carried 5-0. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Honoring Kitty Porta – Mayor Case Case reflected Kathleen (Kitty) Porta has been our City Clerk for many of her 33 years with the City. Her last day of work is this Friday. During her time with the City, she has done a phenomenal job running elections year after year. He has heard many election judges commented on her excellent leadership of the election process. We are pleased to have had her as our City Clerk and wish her well in her retirement. 2. Flying Cloud Airport Noise Complaints – Mayor Case Case reported he has been getting more complaints from people about the number of planes and amount of noise increasing at the airport. There is a perception that things are changing there. He realized there is not a lot we can do, but we continue to work with the Metropolitan Airport Commission on the conditions there through the work of our Flying Cloud Airport Advisory Committee (FCAAC). He wanted people to understand we are knowledgeable about the situation and are continuing to work on it. He suggested we task the FCAAC to develop a communication plan as soon as possible to address the increased number of complaints. 3. Tree Removal Along Anderson Lakes Parkway – Mayor Case Case asked Mr. Lotthammer to bring back a report about how the City could be involved with concerns expressed about the tree removal on the pie-shaped property along Anderson Lakes Parkway across from Eden Lake Elementary. He understood the complete removal of trees on the property was done legally; however, he wanted to investigate our tree preservation policy as it relates to property under ½ acre. He would like the City to be involved in conversations with the property owner and the neighbors. CITY COUNCIL MINUTES August 17, 2021 Page 13 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: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5- 0. Mayor Case adjourned the meeting at 9:29 p.m.