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City Council - 09/19/2023 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 19, 2023 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville 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. ACCEPT DONATION FROM CHARLOTTE BRUENING FAMILY FOR SENIOR CENTER GARDEN AREA (Resolution No. 2023-89) Lotthammer explained this item is to accept a donation for the continued maintenance of the Senior Center garden area. MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2023- 89 accepting the donation of $465 from the family of Charlotte Bruening towards the maintenance of the Senior Center garden area. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item to Councilmember Reports regarding carjacking and recent policing events. MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 5, 2023 CITY COUNCIL MINUTES September 19, 2023 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 5, 2023 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, September 5, 2023, and the City Council meeting held Tuesday, September 5, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. ADOPT RESOLUTION NO. 2023-90 DECLARING COSTS, ORDERING PREPARATION OF 2023 SPECIAL ASSESSMENT ROLL, AND SET HEARING DATE C. APPROVE SUSTAINABLE BUILDING STANDARD FOR INCLUSION IN THE CITY OF EDEN PRAIRIE POLICIES AND PROCEDURES D. APPROVE PERPETUAL RIGHT-OF-WAY EASEMENT AGREEMENT AT 15800 VALLEY VIEW ROAD E. APPROVE DEED AND LETTER REGARDING ACCESS FOR 7170 BRYANT LAKE DRIVE F. APPROVE CONTRACT FOR CONSTRUCTION MANAGER SERVICES WITH KRAUS-ANDERSON FOR POLICE DEPARTMENT PROJECT G. APPROVE QUOTE AND AUTHORIZE PURCHASE AND IMPLEMENTATION OF HP SERVERS AT COMMUNITY CENTER DATA CENTER (DISASTER RECOVERY SITE) FROM XIGENT SOLUTIONS, LLC H. APPROVE QUOTE AND AUTHORIZE PURCHASE AND IMPLEMENTATION OF STORAGE AREA NETWORK FROM XIGENT SOLUTIONS, LLC I. APPROVE AMENDMENT TO ANIMAL IMPOUND SERVICES AGREEMENT WITH CITY OF BLOOMINGTON J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FINAL DESIGN FOR HOMEWARD HILLS SANITARY SEWER REPLACEMENT PROJECT MOTION: Nelson moved, seconded by Friberg, to approve Items A-J on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES September 19, 2023 Page 3 IX. PUBLIC HEARINGS / MEETINGS A. THREE OAKS ESTATES by Nathan Haasken. First Reading of Ordinance for Zoning District Change from Rural to R1-9.5 and Parks Open Space on 5.06 acres, Resolution for Preliminary Plat for 5 lots and one outlot on 5.06 acres, and Resolution for Finding of Fact in support of Park Dedication fees. (Ordinance for Zoning District Change from Rural to R1-9.5 and Parks and Open Space, Resolution No. 2023-91 for Preliminary Plat, Resolution No. 2023-92 for Findings of Fact in Support of Park Dedication Fees) Getschow explained the applicant is requesting approval to develop 9614 Crestwood Terrace into five single-family lots and one outlot. The parcel is located south of Pioneer Trail and is currently vacant. The property is bordered by single- family development on the north, east, and west sides and parks and open space on the south side. With a gross density of approximately 1 unit per acre, the project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. Additionally, the City, which will take ownership of the outlot, is requesting the parcel be rezoned from Nathan Haskin introduced himself as the applicant and offered to answer any questions. There were no comments from the audience. MOTION: Toomey moved, seconded by Narayanan to close the public hearing. Motion carried 5-0. Freiberg asked what the plans are for the large trees. Mr. Haskin stated the trees must be removed due to the grade. The arrangement of the trees currently sets them up to starve one another out. 45 to 50 trees will be placed on the site after construction. However, any heritage trees will be preserved. Narayanan asked if the building will include electric vehicle chargers. Mr. Haskin stated the individual lots are available for sale for individual homes. Therefore, it is up to the builder to make those determinations. Case asked if the infiltration pond will make up for other water that isn’t being treated. Public Works Director Robert Ellis stated the infiltration will only treat stormwater from within the property. MOTION: Toomey moved, seconded by Narayanan, to approve the first reading of the ordinance for a Zoning District Change from Rural to R1-9.5 and Parks and Open Space on 5.06 acres, to adopt Resolution for a Preliminary Plat to divide one lot into five lots and one outlot on 5.06 acres, to adopt a Resolution for the Findings of Fact in Support of Park Dedication Fees, and to direct Staff to prepare CITY COUNCIL MINUTES September 19, 2023 Page 4 a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. B. KINSLEY TOWNHOMES by Pulte Homes. Resolution for Planned Unit Development Concept Review on 6.13 acres, First Reading of an Ordinance for Planned Unit Development with waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres, Resolution for Preliminary Plat of two parcels into 43 lots, one outlot and Right of Way on 6.13 acres, Resolution for Findings of Fact in support of Park Dedication Fees. (Resolution No. 2023-93 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change from Rural to RM-6.5, Resolution No. 2023-94 for Preliminary Plat and Resolution 2023-95 for Findings of Fact in support of Park Dedication Fees) Getschow explained the applicant is requesting a Planned Unit Development Concept Review on 6.13 acres, a Zoning District Change from Rural to RM-6.5 on 6.13 acres, and Preliminary Plat of two parcels into 43 lots, one outlot and Right of Way on 6.13 acres. Surrounding uses include other residences. The proposal includes a requested extension of a road for improved access. The units are arranged in groups of four, five, or six. Dean Lotter, 1650 W 82nd Street in Bloomington, introduced himself as a representative of Pulte Group. The proposed housing consists of two-story townhomes on the corner of Pioneer and Dell. Site plan meets the Comprehensive Plan guidance for unit count. There are 42 proposed townhomes, and screening would be maintained between the building and the current homes. Mr. Lotter stated a wetland delineation was preformed, and there is a tree preservation plan. Also, no endangered species are impacted. There are sizable buffers from the existing homes to the east. In the event the connection to Valley Road is made, there will be fencing added for the purpose of screening. Mr. Lotter showed images of the proposed exteriors and interiors. He noted the housing types are needed in Eden Prairie and focus on thoughtful neighborhood design. If approved, development would begin in Spring 2024. Case asked if the fencing could still be built whether or not the road was connected. Mr. Lotter agreed they hope to screen as much as possible. Without the road connection, they would likely opt for landscaping screening instead of a fence. Community Development Director Julie Klima reiterated the development is proposed to have 42 townhome units. The proposed zoning is RM-6.5, which allows density of 6.7 units per acre. The proposed density is 6.8 units per acre. Klima noted the Comprehensive Plan identified 19 infill sites. Eight have active development applications or approved development projects, and two have CITY COUNCIL MINUTES September 19, 2023 Page 5 engaged in preliminary development discussions. The proposed development is on one of the identified infill sites. Klima stated the area is guided for medium density residential (MDR) with density range of five to 14 units per acre. Eden Prairie has two zoning districts that align with density range, one of which is the proposed zoning of RM-6.5. Klima pointed out from 1994 to 2004, 32 townhome projects had been approved in the City. Since 2007, only one townhouse project has been approved. Klima added the City has open space requirements, and the plan depicts sufficient open space. Ellis stated Valley Road is currently proposed to be a connecting street to the neighborhood. The other nearby roads are Pioneer Trail which is minor arterial, Dell Road is a major collector, and Valley Road is a local road. The current and past Comprehensive Plans list Valley Road as an anticipated connection. The Heritage Subdivision also noted Valley Road extension in development documents. Ellis stated Staff reviewed potential neighborhood traffic. The connection would offset traffic. The morning peak would be 17 vehicles per hour and 21 vehicles per hour in the evening. Nearby neighborhood traffic is similar. He showed a chart with proposed densities and the impact on peak traffic. The proposed project is similar traffic impact to them building single family homes. Ellis noted the peak delay in the morning at Cedar Forrest and Pioneer would decrease while the other road connections would remain the same. All of the evening peaks would be improved. Overall, traffic volumes are typical of residential streets. Ellis added there are a number of alternatives. First, they could dedicate all right- of-way and build Valley Road with sidewalk as proposed. Next, they could dedicate all right-of-way and build Valley Road up to a private street with potential to expand the road as Carver County is developed. The third option would dedicate all right-of-way and build only a private street. Lastly, the City could not dedicate any right-of-way and build only a private street. Narayanan asked if the potential fencing could still be built with the Valley Road alternatives. Ellis confirmed the fencing works for any of the options. Narayanan asked if there could be a walkway added to connect a private drive and Valley Road with the option to develop the sidewalk into road down the line. Case agreed that could be an option. CITY COUNCIL MINUTES September 19, 2023 Page 6 Narayanan asked if the traffic levels are similar to other neighborhoods. Ellis stated the potential volumes are not worrisome to Staff and are comparable to other neighborhoods. Case stated there was an eventful Council meeting in 2021 with several speakers. He wants to hear from everyone without staying all through the night. 15 people have signed up to speak, some of which have entire planned presentations. All of the emails have been read by Council. The Council also watched the Planning Commission meeting on the topic. Don Patterson, 17244 Valley Road, thanked the Council for their consideration and began a PowerPoint presentation. His presence, along with the presence of his neighbors, at the Planning Commission meeting made the news. They don’t oppose townhomes on the whole. Instead, they oppose the density of the proposed development and the potential road connection. Mr. Patterson explained the existing neighborhood has been that way over 20 years, and it is very quiet. The proposed development is much more congested than the rest of the area. The density and need to open Valley Road shows the vast increase in traffic. Also, there is lack of transition or buffer to the adjacent homes and neighborhoods. Mr. Patterson noted there was a lack of community development leading up to the proposal process. Residents asked for a reduction in total units, better transition to adjacent homes and neighborhoods, and to not connect Valley Road through to Dell. Mr. Patterson showed an image of Pulte development in Chanhassen. It is an island community onto itself, isolated from single family homes by Waters Edge Road. It is usually used as an “urban edge.” He showed images of the West Park development and the rear elevation. There is much more green area in West Park than proposed for Kinsley. There is also a concern for parking because the only parking availability would be driveways. Mr. Patterson stated the proposed project crowds the single-family homes to the east mid-corner. The Planning Commission of 20 years ago was purposeful with the density East of Dell. Other issues include a straight-line block style positioning of homes, clearing of existing green space and heritage trees, and re- grading exasperates elevation compared to existing homes. Mr. Patterson stated the heritage neighborhoods have matured over 20 years without the road. It can’t be a collector road due to previous City-approved development of cross streets and cul-de-sacs. The proposed road provides no better EMS service since three of the four Fire Stations are to the East. The only one to the West is only staffed part-time. CITY COUNCIL MINUTES September 19, 2023 Page 7 Mr. Patterson added the road does not increase safety as data supplied by the City shows there are as many and more accidents at the controlled intersection at Dell- Pioneer than on Pioneer itself. Also, the proposed road creates a dangerous shortcut through quiet neighborhoods, intersecting with a bus stop and using roads without sidewalks. Even the developer has acknowledged the proposed road would aggravate current residents. Mr. Patterson pointed out two petitions regarding the road have been sent to the Council by folks living in the neighborhood. Mr. Patterson stated between homes, private road, Valley Road connection, and elevation all these features noticeably overwhelm the site and encroach on the townhomes to the south and the single-family homes to the East. The “urban edge” is not appropriate for a suburban neighborhood. The combined density of the adjacent heritage homes is around 3.4, but the proposed development is twice that at 6.85 users per acre. Mr. Patterson noted the most egregious encroachment can be seen at the northern- most single-family homes. The opening of Valley Road will disrupt the quite nature of the existing neighborhoods to the east and south. Heritage trees and vegetation will not be replaced because only 136 of 542 caliper inches will be replaced. He suggested existing homes get some of the cash from the fines to plant more trees for a better barrier and transition. Mr. Patterson pointed out the Commission didn’t come to a clear outcome but rather punted it to the Council. They admitted not wanting to oppose Staff and countless concerns about removing or retaining the road. Case stated the presentation was well-done, but they need to move onto other commenters. Mr. Patterson stated the residents are asking to send the proposal back to the Planning Commission with additional guidance to reduce the overall unit density to be more consistent with the original expectation of this parcel and in keeping with adjacent properties, to remove the extension of Valley Road from this development permanently, and to fix the most egregious encroachments. Mr. Patterson explained the second objective in the Comprehensive Plan is to prioritize infill residential development through outreach to surrounding single- family residential neighborhoods and through development incentives such as alternative parking, tax incentives, as appropriate. The Council has a responsibility to meet the needs of residents, the developer, and the City as a whole. Heidi Larson, 17540 Hackberry Court, thanked the Council for their service to Eden Prairie and began a PowerPoint presentation. She explained she is not opposed to developing the site, but she is opposed to the current proposal as it CITY COUNCIL MINUTES September 19, 2023 Page 8 doesn’t fit the neighborhood well. Ms. Larson showed an aerial image of Canterbury Crossing in Shakopee. It was built across from Canterbury Downs and is surrounded on three sides by racetrack, commercial uses, industrial uses, apartments, and remnant farms. There are no abutting single-family homes, and there were no trees on the site. Ms. Larson showed an aerial image of Windrose in Maple Grove. It is located at the busy intersection of Hwy 101 and Bass Lake Road. It is adjacent to light industrial and outdoor storage business. There are no abutting single-family homes, and there were no trees on the site. Ms. Larson showed an aerial image of West Park in Chanhassen. It is located adjacent to very busy Great Plains Boulevard and Hwy 212 interchange. Single- family homes are separated from the development by Waters Edge Drive. No woods or significant trees were impacted. Ms. Larson showed an aerial image of Aster Mill in Rogers. This development is part of a larger development with various home types. It is adjacent to a busy four-lane road and abuts a senior housing facility and a subsidized apartment complex. There are some higher density townhomes to the north. No woods or trees were on the site as it was formerly a farm, and there is significant commercial and industrial development to the east. Ms. Larson showed an aerial image of Pemberly in Brooklyn Park. The development is adjacent to the 610 freeway and a large apartment complex. There are single-family homes to the south, but it is separated by a major four-lane road. There were no woods in the area. Ms. Larson showed the aerial image of the proposed Eden Prairie site. Significant trees will be removed and not replaced. There are a number of townhomes to the south that only allows for a 34 feet buffer from the proposed Valley Road. Also, there is only a buffer of 90 to 140 feet from the backs of the single-family homes to the east. Ms. Larson stated the standards set by and enforced by the City have allowed Eden Prairie to become the beautiful community it is. Allowing for so many variances is somewhat insulting. The proposed project is not correct for the site. William Gooding, 17406 Ada Court, introduced himself as President of the Heritage Townhome Association. He explained the townhomes have had an issue with stormwater drainage. The new development could add to the problem. Ellis stated there is currently no stormwater management on the lot in question. The developer will have to manage the stormwater through infiltration. Case stated the new infiltration will only help the townhomes, but the City should look CITY COUNCIL MINUTES September 19, 2023 Page 9 into the drainage issues the Heritage Townhome Association. Ted Melby, 11881 Germaine Terrace, was hesitant to provide his address. He requested the City’s arborist calculate the financial impact of the deforestation. The Planning Commission voted 4-3 to support the idea. The Noble Hill development has cost $600,000 to counteract the deforestation. The same is true for other similar developments, but the costs are in the millions. Wolfgang Greiner, 17356 Hanson Court, explained his bedroom is about 40 feet off of Valley Road. No fence would possibly block out light impacts from the proposed changes. On Dell, the homes were built with the road in mind. The noise impacts their kitchen rather than their bedrooms. He thanked the Council for their consideration. He requested lower density, increased buffering, and no extension of Valley Road. Becca Frederick, 9326 Preston Place, noted her kids bike in the area regularly. The Valley Road extension sacrifices one safety for another. Also, she doesn’t want to lose the safety, trees, and privacy of her backyard, nothing she is one of the three homes most seriously impacted by the lack of buffer. The traffic impacts haven’t considered bust stops and kids playing. Her kids deserve the same experiences as what the older kids have had. Ellis stated the same concerns were brought up when her development was introduced. Marv Cofers, 9433 Libby Lane, pointed out Pulte is reputable, but their goal is financial success. It is the responsibility of the Council to promote the quality of life. The neighborhood values the aesthetic value of the heritage trees. The existing residences have good spacing and availability for street parking. The proposed development is too dense. The concerns about deforestation, traffic, additional road development can be mitigated by decreasing the density. Mr. Cofers thanked Parks and Recreation Director Jay Lotthammer for his service to the City. Case reiterated his request for commenters to come forward if they have new points to share. Derek Svoren, 9344 Preston Place, noted his concern about the road extension is adding new folks into the traffic mix rather than just neighborhood traffic. Mark Skolski, 17409 Ada Court, noted the developer stated the new units will appeal to young families. Assuming just half of the units went to young families, then there could be 40 or more children added to a small area due to the high density. There is not adequate green space for that number of children. Mr. Skolski added the Planning Commission admitted to supporting the CITY COUNCIL MINUTES September 19, 2023 Page 10 development due to expert input over the input of the existing residents. The road expert didn’t consider pedestrians and bikers in his calculations. He added the homes off of Dell are shaded by an expanse of spruce trees, which is much more impactful than a fence. Nancy Loffer, 9290 Preston Place, stated there are less than 12 guest parking spots for 42 units. Also, townhomes have limited storage, so the garages are likely to be used for storage rather than cars. As it stands, people park on both sides of Valley Road, which is unsafe for two-way traffic and emergency vehicle access. The new development would only add to parking issues. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing. Motion carried 5-0. Case thanked the commenters for their respectfulness and thoughtfulness. Toomey asked the developer why the density can’t be lowered. Mr. Lotter stated the initial plan was for 43 units, but it was lowered to 42 units. Their goal is balancing interests of finances and corporate approval. The project is financially feasible due to the density. The developer has to consider the cost of roads, offsetting costs of units reserved for lower-income residents, the cost for park dedication fees, and the cost to create green space. Toomey asked if Valley Road was not connected through, could there be a sidewalk or biking trail. She asked who would maintain it. Ellis stated the sidewalks would be the responsibility of the homeowner’s association (HOA). Any bike trail would have to be negotiated with the association. However, there isn’t a clear location to end the bike trail. Toomey asked if a fence would be placed if there is a road. Mr. Lotter stated they are willing to add a fence or alternative screening through landscaping, depending on the amount of screening requested by the City. Toomey requested the fence be high-quality. Mr. Lotter agreed he would like the fence to be a quality investment that would be maintained by the HOA. Toomey stated she is not a fan of the road, particularly because of the input received from current residents. No road would allow for additional buffering to the south, and five heritage trees would be saved. The emergency response times would remain the same, which seems to be acceptable to the current residents. Toomey noted the density of the project is reasonable without the road being added. The townhomes to the south are 4.3 units per acre with the outlot. Across Dell, the density is 8.2 units per acre. The proposed development is 6.8 units per acre, and it is a reasonable progression of density without the road. Narayanan asked how many units are affordable. Mr. Lotter stated 5 of the 42 CITY COUNCIL MINUTES September 19, 2023 Page 11 units are affordable, which is in accordance with Eden Prairie code. Case asked what the affordability level is for the affordable units. Mr. Lotter stated the affordable units are for 115 percent area median income (AMI), which is in accordance with Eden Prairie code. Narayanan asked if electric vehicle charging is included in the units. Mr. Lotter stated there is an opportunity for electric vehicle charging, and there is a nominal fee for a homeowner to take the next step for electric vehicle charging at the outset. Narayanan noted there are only 12 guest spots for 42 units. He asked if that is appropriate for the area. Mr. Lotter stated the 12 guest spots complies with Eden Prairie code. The private roads don’t allow for parking. Narayanan asked how many trees are being cut down. Project Engineer Mark Roush, 733 Marquette Avenue in Minneapolis, stated 60 significant trees would be removed. There are a lot of emerald ash trees and cottonwood trees being removed. As many trees as possible are being saved. Around five of the inventoried trees could be saved if the road isn’t connected to Valley Road. Most of the trees being removed are in the northeast corner in a ravine. The grading isn’t possible to save the trees there. The trees on the east side can be saved. Narayanan asked what the lowest buffer between the development and the existing homes. Mr. Lotter stated the shortest distance is 90 feet. Narayanan asked if anything could be done to increase the 90 feet to 140 feet. Mr. Lotter stated there couldn’t be a change. Narayanan asked if the unit could be removed. Mr. Lotter stated removing a unit would threaten the project due to financial feasibility. Narayanan pointed out the current residents don’t support the road connection. However, it would be in the best interest of the City to maintain the right-of-way in case a road is needed later on. Mr. Lotter noted his agreement. Ellis stated the third alternative for the road he suggested is in line with that suggestion. Narayanan suggested the money the developer would have given for the road be put in escrow for future road, if needed. Narayanan noted his agreement with Toomey regarding density. His primary concern is the 90-foot distance between one of the units and an existing home. Mr. Lotter stated home that has the 90-foot distance was built rather deep in the lot, due to a decision made about 20 years ago. There would still be trees and other natural buffers maintained at the 90-foot mark. Narayanan asked if the project could be shifted to increase the 90-foot distance due to the extra space allowed without building the road. Case stated the City CITY COUNCIL MINUTES September 19, 2023 Page 12 cannot reserve the right-of-way and also shift the units to take of the space of a potential road. Nelson asked if the trees providing buffer to the homes to the east are existing trees are added trees. Mr. Lotter stated the trees is a mix of old and new trees. The differences are color coded on the landscaping plan. Klima stated there would be 7 existing trees and 5 trees added behind the home with the shortest buffer. The rest of the homes to the east will be buffered with more new trees than old trees. Mr. Roush noted there are also smaller trees and shrubbery in the area. The planted trees will be primarily coniferous and starting at eight feet. Nelson asked if the proposed units would have basements. Mr. Lotter stated the homes are slabbed. Nelson stated most of the center units will only have windows to the back, particularly on the main floor. She asked how big the windows will be to allow more natural light in. Mr. Lotter stated the model homes are brightly lit with large windows, but he can’t cite the exact size of the windows. Nelson asked if there would be a fence on the east. Mr. Lotter stated there is already a lot of greenery buffer to the east. The fence would be tricky on the east due to the grade of the land and stormwater drainage. Nelson stated she prefers alternative two or three for Valley Road. Freiberg explained he is against the roadway connection and agreed alternatives two or three are the best options for Valley Road. He noted he walked the property multiple times. The homes on Preston Place are $750,000 to $1,000,000. There needs to be a lot of buffering, especially due to the height of the townhomes. Freiberg added the continuity in the area is low, especially due to the height of the townhomes. There are a lot of waivers requested, all of which are needed to make the density and finances feasible. Freiberg asked if the third option for Valley Road creates an issue for emergency vehicles. Ellis stated there aren’t any anticipated issues for emergency vehicles with alternative three. Freiberg noted his support for alternative three. Case noted a roadway connection would add parking opportunities. Ellis stated it would be possible to have parking on one side of the road and could allow for five or six additional spots. Case stated the Council values affordable units and sustainability. The project CITY COUNCIL MINUTES September 19, 2023 Page 13 density is required to make the project financially feasible. The Council also considers the City’s tax base and its impact on property taxes. Case pointed out the Council also values the democratic process and hearing the input of the residents. If the City just looked in best interest of transportation, they would build Valley Road. However, the Council prefers to listen to the residents. All of the Councilmembers seem to agree the City should retain the right-of-way and to hold off on building a road. Case stated he would like some of the money from the project to go toward planting trees elsewhere. In accordance with code, the majority of the trees on the project site will be maintained. Freiberg stated he is not in favor of the setbacks, though he does support no road at this time. Getschow asked if the setbacks refer to lot size. Freiberg confirmed that was correct. The lot size goes from 3,000 to 2,000. Getschow stated most single- family homes are around 3,000 while many townhomes have lot sizes of 1,800 to 2,000 with outlots for designated green space. Therefore, the Staff is on board with the deduction in lot size for the proposed project. Nelson stated there has to be sidewalks in lieu of Valley Road being connected. Case stated sidewalks are already part of the plan. Narayanan asked what the height of the units will be. Case stated the townhomes across Dell are also two stories with some additional roofing. Narayanan stated residents shared concerns about bedroom lights impacting other homes. Case stated residents only mentioned concerns about car lights into bedrooms. Mr. Lotter stated the backs of existing homes would look at the sides of the townhomes. Staff requested for the ends to look more developed, so the developer added higher quality material and additional windows for the benefit of views from existing homes. Someone in the audience noted the elevation from the townhomes is higher than the single-family homes. Case stated the treeline and the fencing will work together to mitigate privacy issues between the two housing types. MOTION: Toomey moved, seconded by Nelson to adopt a Resolution for a PUD Concept Plan Review on 6.13 acres, approve the first reading of the ordinance for PUD District Review with waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres, adopt a Resolution for Preliminary Plat to divide two parcels into 43 lots and one outlot on 6.13 acres, adopt a Resolution for Findings of Fact in support of Park Dedication Fees, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations CITY COUNCIL MINUTES September 19, 2023 Page 14 and Council conditions. Case pointed out nothing is approved until the second reading, which will be in a couple of meetings. At the second reading, the conditions will be included in the development agreement. Getschow asked what the preferred alternative is for Valley Road. Nelson stated she would like to make the road to City standards without fully connecting to Valley Road. There was no objection from the rest of the Council. Narayanan stated he would like the developer to set aside money for future building of the road. Case stated the City doesn’t know if it will ever build the road, and it is the choice of the City to not build the road currently. Narayanan stated the decision is saving the developer money, so he suggested Staff negotiate additional amenities due to the excess funds. Getschow stated the excess funds would go to landscaping, better fencing, and other buffering efforts. VOTE ON THE MOTION: Motion carried 4-1 (Freiberg). 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 XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Carjacking and Crime Statistics – Mayor Case Case stated crime statistics are actually lower, but crime still happens. Minnetonka had a carjacking for the first time. Multiple Mayors from the area are meeting together to determine how to address carjackings and other crimes. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES September 19, 2023 Page 15 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 Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 10:27 p.m. Respectfully submitted, ___________________________ Sara Aschenbeck, Administrative Support Specialist