the Tuesday May 7th 20124 meeting of the Eden per city council is now called to order please rise for the Pledge of Allegiance I pledge alance to the flag of the United States of America and to theu stand because the four of us tonight um PG is not able to be here but because the four of us do um live in a political world a political environment we actually like to look out at a full audience so um thank you for being here tonight we have several things going on which make uh this um all meetings are exciting and fun but I think it makes this a particularly more um more fun I think that's fair to say a meeting for all of us I do want to start on a more uh somber note though and just um say that as as a city Eden Prairie particularly our fire department uh we are mourning the loss of one of our firefighters and I know you've likely heard about it on the news but Joseph John's um he joined the Eden Prairie uh Fire Department duty crew back in 2015 2020 and he lives in lived in Neen perie but 2020 he became a full-time Egan firefighter as well um so both um Egan and Eden Prairie Fire Departments are definitely struggling and suffering and so our hearts and our thoughts and our prayers go out um to the John's family I understand they're out of state um and that Joseph lived up here um um without his direct U family of origin so um anyway we do um feel deeply for their loss also on um a note of um to to transition here if I may um to a a a positive note uh you may again on have seen on Eden part Facebook Andor other sources out there that our very own city manager Rick Geto uh won this last Thursday I was privileged to attend uh one the mcma which stands for Minnesota County City 1C U managing Association he won the Robert Barrett Award of local government management excellence and that that sounds I I'll just paraphrase that that's the city manager of the year for the state of Minnesota so we are um indubitably impressed um and as a council we just feel not only just warm um wonderful feelings of pleasure for you but um validation uh because you are our one employee um and then we direct um the city manager to go out and and uh fulfill our our Direction our policies procedures and so when our city manager who does our bidding ends up winning the the state of Minnesota city manager award it's just a wonderful wonderful thing I also want to thank uh Joyce Loren our communication director who um I was going to say help me you actually wrote it but I'll I initiated the nomination but Joyce took it from there uh and clearly wrote very well because that's her thing Communications and uh and he won so um and if if you were to walk back into the city staff uh areas back in here it's everywhere I mean there's there's just Rick Geto I'm sure he's um yeah he I'm sure embarrassing every day for him to to come in there but um he deserves it so well so thank you Rick any council members would like to add anything to that you don't have to but you may well I'd like to say congratulations and and welld deserved very very well deserved I'd like to say we've known for quite a while he's a number one city manager so it was no surprise to us but we were glad they recognized it too well Rick I I've known you put in a council here into my six year now almost and um you have you have always been there to help me when I needed help hopefully if you ever had questions that I was always there for yourself on it but there's without hesitation I view you as the best thank you all right Rick I'll you don't have to but speech anything uh mayor I I had like two minutes of to give a speech at that event because I had no idea it was a pleasant surprise and uh again thank you for the nomination it's a testament to our employees and our residents those who live and work here um I'm just you know trying to keep this great City moving along that's all speak thank you speaking to that mayor um oh you have to do the open Podium invitation right did you oh I do yeah yeah I was going to jump into more Awards yep and not talk about me anymore but you have to do open comp Podium we'll get right back to you introducing that in just a moment um at this time in the meeting I do uh typically at each of the these meetings read about an open Podium invitation to our residents uh which is available prior to this meeting uh every time we have a meeting so open Podium is an opportunity for Eden prair residents to address the city council on issues related to Eden prair city government prior to each Council regular meeting these me regular meetings typically occur the first and third Tuesday of each month though in the summer we do one meeting a month usually in the middle of the month but these open podiums will be offered to from 6:30 to 6:55 p.m. right here in the council chambers if you wish to speak at open Podium on an issue that's not on the regular agenda please do contact the city manager's office at 952 949-842-0774 ball back to you thank you mayor yes we we have some awards tonight we are very excited about it's this time of the year that we have our heritage preservation commission present our uh Heritage preservation award tonight and this award recognizes an individual a family or a business who has made an outstanding contribution to Eden Prairie's historical resources so we have tonight I believe the chair of our um Heritage preservation commission Steve Schumacher um will be to lead us through these Awards I don't mean to give anything away I say Awards because it's plural and we have more than one and um the mayor it would be nice if you were down there for the presentation as well we'll do perfect thank you very much good evening mayor uh council members and staff my name is Steve Schumacher and I am the chair of the Heritage preservation commission and have served on the commission for the last three years joined tonight by a number of representatives from the Heritage preservation commission and our staff liaison Beth Novac Krebs who keeps us in line on a regular basis want you come forward Beth as well and and be part of this but thank you so much uh tonight I have the privilege of uh offering a few remarks and providing some background on this year's Heritage preservation award recipients this is the eighth time that this award has been presented and tonight we have three Awards to present uh this award as as uh the city manager said recognizes an individual family or business who's made an out standing contribution to Eden Prairie's historic um public or private resources so tonight the first recipient of the Heritage preservation award is Marcia Co and Johnny Severson uh Marcia and Johnny own a home on the North Shore of Mitchell Lake this is a 1 and A2 acre property on the old Moran Farmstead which was built in 1870 over the past decade Marcia and Johnny have been meticulously preserving and revitalizing the home and property all of the r Ovation efforts both interior and exterior uh were done seamlessly to blend with the home's historical character Marcia and Johnnie are committed to preserving ien Prairie's local Heritage they've transformed um a neglected piece of history and a cherished uh Community treasure and are preserving the home for generations to come uh they even provide tours for those that are interested in seeing the home and I know those of us on the HBC have already talked about when we can actually do that so we're looking forward to that so congratulations Marcia and [Applause] Johnny all right the second recipient of the Heritage preservation award is uh John gerz John has been an advocate for the preservation of Eden Prairie's historic resources for over 30 years for many years he worked for the city as a historic resource specialist during his tenure with Eden Prairie he worked to identify and Survey main cultural resources uh in the city in partnership with the Historical Society he worked on projects and programs that brought awareness to the city's historic resources he also worked to get many historic properties locally designated which has been a great resource for us with John's extensive knowledge to the historic resources in needen Prairie and strong ties to the community he has been a trusted resource for the historical society and provided advice on a variety of history related projects in 2017 John worked with Paul Thorp who's also on the uh Heritage preservation Commission on researching and identifying the Yorkville and Bloomington Road Historic Trail John's contributions to the city and to the history of Eden Prairie can be seen throughout the community congratulations [Applause] John I just have to cut in for two seconds um when I started um being involved with history back in 1990 um and then got to know John for a decade in there this is so long overdue and you almost can't talk about history of Eden Prairie and not find his I always mix up handprint footprint fingerprint something um involved in everything about history and so we just owe a lot uh people that work with history my wife and the HPC Beth we owe a lot uh to John's work over the years so thank you [Applause] John and the third recipient of the Heritage preservation award is Sasha Allen Sasha is a senior at enen Prairie High School she's a member of the student Heritage preservation commission and is president of the history Club at the school she's been interested in historical research and storytelling since she was in sixth grade she's been recognized for her documentaries and storytelling about historical topics one that may maybe perhaps you have seen and uh has been recognized uh is a story about historical topics um apologize um one of the unsung heroes uh that lived right here in Eden Prairie the name of the documentary is 369 kid how child spy Agnes lackovic saved hundreds from the Nazis the story is about a teenage world two spy in Germany who was um whose clever spy work led to hundreds of lives being saved from Nazi persecution her name was Agnes lackovic after World War II she married a GI and moved right here to Eden Prairie her married name was Agnes delou Sasha masterfully brings to light this story about a person that lived right here in our community and deserves recognition the history of enen prairie is not just about buildings and places but also about the people that live here here and I want to congratulate [Applause] Sasha thank you all right um Mr Geo I guess I'll probably turn it back to you here for the annual comprehensive financial report and by the way there are people I believe that are going to be having some form of a reception I think downstairs um and so you won't be rude you can feel free to now if you wish get up and um leave we appreciate you being here if you really want to stay you can watch this on TV tonight when you get home it streams maybe maybe tomorrow but thank you again the winners um and thank you for coming and and and thank you HBC uh just for um the love of of History um I've I've you may have heard me say this and I don't mean it disparagingly to Woodberry I used to have a brother-in-law that lived there and we would tease each other about our two cities but I often say that I don't want eeden Prairie to be just another Woodberry you can quote me on that whatever that when you drive through Eden Prairie I want people to know that we're unique and we have this every city does right we have this unique history that as Steve talked about is buildings its stories and its people right and we're constantly making it's not I mean 1851 history when we started that's important but uh the history of the Somali Community coming into our town the the history of the Vietnamese people back you know in the late 80s and I mean they are part of our fabric of what makes Eden Prairie that special and we need to be recording history as it occurs as well all right I digress or actually I wax on it okay I'm done um but thank you for the love of history and for enhancing it all right Mr Geto thank you mayor a couple more presentations again this time of year um we have our independent Financial auditor um come in and present to the council um the findings of their audit take you through the city's annual financial statement present to you our annual comprehensive financial report uh you spent your Workshop downstairs on this report in depth and you also had a a pretty exhaustive review of all the city's Financial policies um we have brought our auditor uh back to our regular meeting um Caroline from um Bergen kdv our Financial Consultant and she's going to provide a brief overview of what she did downstairs um to go over the city's audit and financial statements and then the action will be for you to accept our annual comprehensive financial report Caroline welcome thank you mayor count members of the council staff um thank you for the time tonight to go through the results of the audit for for 2023 the main reason you ask us to work with you is to provide an opinion on your financial statements the opinion that we are providing for you is what's called an unmodified opinion that's the highest level that you can receive u meaning we believe the financial statements are fairly stated in all material respects as of December 31st 2023 we also conducted our audit in accordance with government auditing standards which requires us to consider internal controls as we go throughout that process um throughout that process we did not have any written findings to share with you which is not something we always are able to say so congratulations to you on that an couple additional components is in regards to Federal single audit um that is triggered when you spend more than $750,000 of federal spending there is an extra layer to our process then so um no findings in relation to the additional single audit that was prepared this year and then one final component is in regards to Minnesota legal compliance um we had no findings in relation to um those additional Minnesota state statutes that we um audit and check um ask questions about no findings related to any of that so great news on all fronts in this regard oops excuse me went too far so just a few highlights from um the general fund here looking at general fund revenues fairly break even in total when we look at things fluctuating only about half a percentage point but some fluctuations between the um components that you see there with intergovernmental Revenue decreasing with the federal covid dollars um being spent um in previous years and then increases on the tax taxes um and govern or excuse me um charges for services and then the other categories you know Caroline this is a great sorry that last one was a great graphic of showing that we have recovered back to our preo 2019 we've grown as well if you look at the lighter green but um in general if you look at the four bars below that we've it looks a lot like 2019 uh which is what we would want yes yes correct then on the expenditure side of things um increasing here in total by about 3.9% um increases in police and park recreation have to do with increases in wages and benefits and then a budget to actual snapshot here um showing the budget in the first two columns the original with a a slight Amendment um in the final and the actual results showing that fund balance increased 280 3,000 for the year and variances in that far right column seeing that total revenues were over budget 5.7% the majority of that being in the investment line item with which really has to do with the market value change of Investments at a point in time as of December 31st um so that's the main reason for that very very common to have um a conservative approach on that as we all know that the market can change um from one day to the next um on the expenditure side of things under budget there 1.9% um in total and police being under budget with some open positions um just pulling everything together here for the general fund touched on revenues and expenditures already cash was up as well and then unassigned fund balance is really that Equity position of the fund um that is available for future operations and that Val that balance is also what you um engage yourselves on with a fund balance policy it is your goal what you strive for you are in compliance with the fund balance policy you have established for yourselves as well it's a bit complex so I'm not going to go through the the calculations of that but you are in compliance with the policy if I can make a quick teaching educational comment there I mean it might appear if you look at this quickly that every year we bank or we net $30 million and that's not true at all we carry that into the next year because our tax receipts from the state only come twice a year and then we'll carry that 30 million again it's it's not we're not making that each year that's what we carry forward to run our business absolutely the tax tax settlements come in right around this time of year May June so the fund balance that you have at the at December 31st needs to get you through to this time is that is your largest funding source um and it comes every you know five to six months so you have to plan accordingly which you do and one final graph takes a look at your tax capacity the levy and then the um tax capacity rate in regards to that so showing here that the tax capacity increased at a greater rate than the levy which as a result um represents a decrease in the tax capacity rate in 20123 and sorry I have to add this to teach that that's this the look of a very healthy City when people wonder why our Levy relative to 20 cities around us over the last 15 years has been the lowest average increase and I say back we we not only run things well but we have a really solid tax base 40% commercial 60% residential but we also have this increasing tax capacity because businesses are moving in Eden Prairie people are moving in Deen Prairie our tax capacity goes up giving more dollars to share our our budget each year 53 million it goes up a little bit but it stays relatively not constant but nonetheless it's it's that part that we fund business but if our tax capacity is going up faster than we're actually pulling money out then that's super healthy and that means the tax rate that you pay per thousand of your home value or whatever goes down that's exactly what you want and not every city is so fortunate that's a lot of the reason uh we again have reasonable Levy increases and so I thank our financial department Tammy and of course our city manager Rick and so thank you Caroline for pointing that out as well yes of course um that really is the I can move along here um that really was the main um points that I was going to go through downstairs I went right past this but um don't if there are any other questions I'd be happy to take them you know we went through things in in Greater detail earlier anything it's it's just really affirming validating confirming news that we are a well-run city extremely well-run City and so when you hear that we're tripa Bond r did that we're just really responsible with the money that we have in reserve if we need it um and and when we pull in these independent Auditors I asked downstairs tonight Caroline that are you simply taking the numbers given to you or do you actually dig deeper to make sure uh that we're doing the really good work and that it's the latter um she really does dig deeply um and we we have good policies good procedures and things are being run very well Council anything else Rick anything else mayor I'll just add because again we're asking you to approve the annual comprehensive financial report the council packet tonight's 529 pages and 25 pages is the actual report and it's it's obviously a very important document um if you think about any business whether it's private sector public sector it's our balance sheet it's our asset and liabilities it's our statement of activity it's all of our financial statements so um as soon as this would be adopted the obviously it's already in the packet so that's public but the document will go on the finance page of our website as well and it's available for anybody to look through any and all of it I I always have to smile a little bit I have some um corporate friends who I deeply respect U but they'll often talk about you know the way cities are run or you ought to run it like a business well I can tell you absolutely truthfully for real that corporations are nowhere near as transparent as we are everything we do every number every expenditure every bit of dollar coming in is open to the public and that is not true of almost any corporation that you can think of not that they don't do good work in America I'm not saying that it's just that we are clearly so open and transparent and if anybody ever has issues or questions and they read through our documents we have all the resources either with us or please call our staff to ask more questions all right so at this point then moot motion and so Council um any comments or questions prior to making a motion if not maybe if somebody could make the motion move to accept the 2023 annual comprehens of final report is there a second second any further discussion all those in favor say I I opposed Caroline thank you so much for the work that you and your company did appreciate that thank you as well there's a lot lot of work that goes into that document that you talked about outside of your staff's normal daily lives so we appreciate all of the work that goes into that good that's nice to thank you you don't have to stay either unless you want to all right um senior Awareness Month Proclamation um every now and then for all Citywide special uh occurrences events um happenings we um issue a proclamation declaring it a specific day in honor of that um particular issue so tonight I'd like to read a proclamation city of Eden perie henen County Minnesota whereas the increasing number of seniors in eaten Prairie bring many opportunities and challenges for all components of our city families businesses and government and whereas every segment of our society is influenced by the needs the resources and expertise of our senior and awareness improves participation and action and whereas our Eden per seniors play a pivotal role in formal and informal education sharing years accumulated experience and wisdom which will impart our future or hopefully to them as well and whereas the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community four of which are normally serving on this Council and recognize the organiz sorry Lisa you just don't okay good okay um recognize the organizations that serve older adults and where a senior Awareness Month recognizes that seniors are an integral part of our community now therefore Eden per city council does hereby Proclaim May 24th as senior Awareness Month adopted by the Eden Perry City Council on the 7th day of May 2024 Ronald re's mayor on behalf of this wonderful Council all right mayor mayor so we have um that's okay we have some members of our senior advisory Council here and Amy as well to introduce them to um following up on your Proclamation that you read talk a little bit about what's happening this month and the great work that um is done at our senior center excellent please come forward and you all can get on camera yeah thank you mayor and councel I just want to say a special thank you to our senior advisory Council yep you can come on up to the mic We Have Tonight uh gal Smith who's the chair of the senior advisory Council Beth lap and Sylvia Peterson and the council really aims to help raise funds to support the programs at the senior center and help make recommendations and how they're spent so we're really uh grateful for your uh leadership and your commitment to the senior center and for the senior awareness month we have a lot of activities uh that people across the community are welcome to participate in today was our start of our biking kickoff program so we have several senior groups that are out every week biking across the community tomorrow we have a shreddit truck that will be there we have several book book clubs a wine club field trips games and more so there's really something for everyone to be engaged and get involved at our senior center and again all are welcome and thank you to our senior advisory counsel for your your leadership thank you thank you would you like to share anything you don't have to I think it's all been said thank you for your support well absolutely thank you for your service and help to our community appreciate that [Applause] how' you feel bad Lisa for what you're missing um give it time give it time I'm close enough yeah time does catch up with all of us all right so uh with that moving on to the approval of agenda and other items of business um are there any items to um add to the agenda council member reports or anything anyone if not if there could be a motion to approve the agenda I'll move to approve the agenda is your second second any further discussion all those in favor say I I opposed all right minuts um any questions or edits mistakes you found in either the council Workshop uh held back April 16th or the city council meeting held that same evening if not could someone make a motion to approve both of them I'll move to approve the following city council minutes the council Workshop held Tuesday April 16th 2024 and the City council meeting held Tuesday April 16th 2024 is there second second any further discussion all those in favor say I all right um consent calendar which again for people that are not quite familiar with the way that we run business we often put items in there that are fairly housekeeping at times or perfunctory but council members can pull any item off if they want to further discuss it so any item on there you'd like to look at and a little bit more detail if not um is there a motion to approve items a through p on the consent calendar I move approval of items a through P under consent calendar sir second second further discussion all those in favor say I I opposed all right Mr G we have three public hearings this evening um and we're going to start with The Enclave up at Manor Road we are mayor thank you very much um our first project before you to tonight public hearing wise is The Enclave at Manor Road um the applicant um at this property is requesting approval to subdivide um one parcel into 17 single family lots and one out lot it's a 6.43 acre property located at 6591 168 Avenue West uh just north of um Duck Lake um uh the surrounding properties are single family as well the proposed density is 2.64 units per acre um and there are as a as a PUD as a plan unit development there are um three waivers being requested related to front yard setback um and minimum lot width and the packet talks about the reasoning for that in terms of um uh saving trees and uh being able to kind of fit the development into the property um the Planning Commission recommended uh 80 uh to approve this project and I believe the applicant is here this evening to walk you through the project and the staff as well as the applicant can answer any questions that you or the public may have during the public hearing all right come give your name and address and connection to being here uh my name is Chris contras I'm the president of brandall Anderson holes um we are the Builder developer that is seeking the request for the for the plat um so you kind of summed it up but for us this is an exciting project and it's something that we all take a lot of pride in we do understand that it is a unique situation um not many developments have neighbors on all four sides and have issues that need to be dealt with so with the help of Staff we solved a lot of those those issues um who cares about us in the neighborhood you you talked about the exceptions that we're looking for we do have some self-imposed redundancy rules that we use in order to make the community look better um there are some things that we did with our sizing of pipes and and uh drainage in order to fit and improve the current system um and most of the tension is just being able to take an area that has been unsettled with neighbors around every side and be able to move forward and develop it um we talked about traffic we talked about where the water was going to run and water shed is one of our meetings that we have coming up we're going to work with everybody in order to make sure to push this through I think you probably have seen this this is our final drawing it it takes that retention Pond up to the nor northwest corner and then we're able to put it into the Eden Prairie system by sizing our pipes properly to kind of help everything Downstream um landscaping and trees when we took care of that we I mean as a mathematical formula we're going to stick as many trees in as as we can fit and as you alluded to the variance is to help bring to not have to take down as many trees by having shorter Drive ways um if everything goes right we're going to start development sometime in the month of June we think our last home will be built towards the spring of 2026 and will be complete um the product is going to be one or two story homes 2400 to 4200 square feet they'll start in the low 700s we are putting a lot of additional in Ed features to make sure that it fits in with the neighborhood and we would imagine that once we get customers on these Lots would they're going to do things in order to enhance the the exterior of their own homes these are some elevations that we use currently and that's all that I have now I got smart people here smarter than me if we have any specific questions so uh Council so there's many different ways we can run this as you know if you had any immediate questions for the developer you could ask them now you can always pull them back up and ask later um I'll leave it up to you we could go right into the public hearing what's your pleasure you can ask questions of our staff as well too or we can have the public hearing and then close it and then talk what would you prefer whatever what do you guys public hearing first or do you want to yeah is that fine yeah do you have it in your mind another way no okay okay all right um so ju you can sit down we'll call you back up and just let the audience know um that when we in case you haven't been at a lot of City Council meetings we'll have the public hearing we'll listen to um anybody's concerns that or share ideas or uh positives negatives about the project and then uh when we've exhausted unless it's going on two hours but when we've exhausted uh comment time we'll close the public hearing at that point no other uh residents can speak and then we will then begin to debate and discuss and ask questions of of developer or staff at that point and then eventually get to the point we'll take a vote so with that this is a public hearing is there anyone in the audience uh wishing to address the Council on this um Project tonight um and then if you do come up please give your full name and address and um I I I'm not going to well I am going to time a little bit I'm not going to time you like two three minutes but at the point it gets to about four minutes or so four to five I'll let you know that and then if we could have you wrap it up I think that will U make things run a little bit smoother so anyone want to open this up and start I'll do that okay again name and um address it's Patricia Farris and I live at 6537 West 168th Avenue um I live in a unique location and that everybody has to walk by my house almost to get to the park and so I'm hang on two seconds can you turn the mic to face more towards your mouth somehow it got turned funny is that good can you hear me now should I start with the name and everything again well it was more for audience still okay I'm still Patricia Ferris okay and I still live at 6537 West 168th Avenue and uh I live in a in a location I like to call the hello neighborhood uh hello neighbor location because everybody walks by my house so I've gotten a lot of comments from people walking by asking me what I've heard about the development and i' just like to read a quick list of the concerns that I've heard from people as they walk by they don't represent my concerns necessarily but they're the general concerns of everybody one is the water drainage system uh two is Tree Management which I think we're kind of um communicating with the other one is a number of new houses a lot of people think that 17 houses sitting up on top of the hill is going to overshadow the um attractiveness of the older existing homes in the neighborhood so it doesn't fit in real well along with the name The Enclave it kind of sounds like it's sequester neighborhood for people who are rich but still live on the wrong side of the tracks um uh the increased traffic this is going to generate on Mir Manor and 168th Avenue especially creating now a straightway from 168th over to in um Eden pre Road and then there's a increased population on preschools and elementary schools they're already at their Peak and nobody's communicated this with the schools to my knowledge I've checked with several teachers that live in the neighborhood and they're scared how they're going to accommodate the possible 34 new children entering the schools figuring two kids per family um the interruption of animal habitat and the presence of the dry ponds creating a drop off where deer and other animals can fall into not be able to get out up they think is awful risky that one I agree with is an animal rehabber myself and um there's other ones but those are the main ones I'd like to just concentrate on now I'm going to be selfish and talk about my concerns and that's a location of the um of the water drainage system the dry Pond and the uh bay it's right up by my property line and it occupies two and a half football fields going south from my backyard on up to South Manor and that's just too much pressure to put on one house I've got letters that I've forwarded from my pool company that's likely to erode and ruin my pool and um the one thing I'd like to say is I did just read the proposal that you guys submitted to the Watershed district and it comes up for approval tomorrow night I'd like to just point out that was submitted April the 18th and I just saw it by request today two houses on North Manor at the most East End of North Manor will not be serviced by this so two houses with the worst water problems that already are running two sub pumps won't be covered under this we'd like to know Alternatives and we've submitted a petition to you guys that now has I think 45 46 signatures on it suggesting that we don't give um uh approval tonight but we break into small group so that we can discuss all this and the neighborhood has more time for input we were not notified about this we first knew that it was going to be developed in late summer they said they'd be around to talk to us in a couple of weeks we never heard anything and until um early spring and so this has just been kind of falling upon us and we feel like you know we're we're part of that tax revenue that we just got to see how nice it's doing and we would like a chance to be heard and to work in small groups I called tried to schedule us for one of your workshops before and they were already filled and not available so um I'd like your cooperation on that the other thing this is really selfish they're going to go right through the middle of my brand new $116,000 concrete driveway and they only want to replace the segment that they torn out and I want it to match so would you would please tell them to just at least replace my driveway if they're going to overrun my whole property with a a pond in a bay and things at least I can have a nice driveway to sit out on and look at it thanks a lot any questions I talk I how long did that take me I tried really hard did I okay he did really well thank you right thanks Patricia all right now next keeping it in the family oh yeah I much like my mother so I apologize for that hi I'm Marie Jackson I work I live at 6537 West 16th Avenue I've lived there since I was 10 years old I've grown up in this neighborhood I'm very familiar with it um I'm the one that actually did all the footwork to get these signatures it may not change your mind but and all 46 of us are not here but I do want you to know I didn't get to every person I worked by myself I have two children this is not like there are 46 people that are very worried and very concerned and we have several of them speaking today um so I just would like you to take that into consideration please um I did email all of you and I you have copies of our petition there are 10 signatures that are not included on the copy you have I apologize my printer broke um and I was hoping that by pre- emailing you you guys would be able to answer some of the questions that I will be bringing up to give you some you know Headway um that's all we're looking for right our questions to be answered I knew this was going to happen I've known this my whole life that this was eventually going to be developed it is not easy to live next to a Woods I don't know if you know that there are a lot of bugs I'm not a fan so that's fine but at the same time you have a lot of neighbors this is going to affect and we matter just as much as the new people and the new people matter as well this isn't going to just affect us so without further Ado I apologize oh I'm sorry hopefully this doesn't count against my five minutes but the firefighter who passed away his last shift was at my house for my third grade for my three-year-old son he was the light of the party I will forever feel honored that he was there thank you for sharing that and H I have so many pictures we'll be sharing with the fire department but that's why we have such high expectations for the city of Eden Prairie because of firefighters like him because of the police officers who came to humanly kill the deer that was impaled on my on on our um fence that's why I have high expectations and I hope that you guys meet that expectation tonight so now without further further Ado um one of my main concerns about this Pond is it does not feel like there's a plan for worst case scenario a lot of the data that I've been presented and even the data that I've asked for but have not been presented seems like it's taking the median into consideration and our good mayor here came and visited me today right and he made a really excellent point that the climate the climate change is is constantly changing we don't know what's going to happen next year we don't know what's going to happen 5 years from now I have to live in that house right there needs to be some sort of safety Provisions that are going to protect my home should this Pond malfunction right nothing goes as planned we have several Engineers that live in our neighborhood one used to put these in all the time he said when it works it works great when it's not operated correctly you have a lot of issues and the City of in Prairie will be operating it so I need to know who do I call when it's not working how often is the maintenance going to be completed on this Pond um and what's going to be done when this causes issues with my home we spend a lot of money on our home I had a real and she came and valued it at um a little over $650,000 and that's because of the work we put on it which and that's not far from the start of these homes that are going to be put in there that's not very far from that so um shoot where was I going with that okay so I want to know who do I hold accountable who do I talk to um and and we need some extra safety guards please the other thing that um is a concern to me and I know a concern to many amilies here I have a 3-year-old and an e month 8-month-old and they're highly unpredictable as many of you I'm sure know I used to look at a life as a lifeguard it takes 30 seconds for someone to drown I have not been told exactly how deep this Pond is going to be when the mayor came to visit me he said 4 feet when I talked to Carter yesterday he said 10 feet I have yet to get definite answers to these important questions like my mom said everybody walks by our house I know all the dogs I don't know everyone's name but I know the dogs and there are children that are going to get hurt our are what's beautiful about our neighborhood is it constantly turns over we've had five generations of children after me come through this neighborhood and they walk past what's going to be that pond there's no safety Provisions for the children they're going to walk past there I can try as hard as I can to keep an eye of my toddler but if he runs out out into my yard next to the pond what's going to happen I know the mayor Marie if you could just wrap it up a little bit but I want to get I want you to get your points though sorry sorry I just I understand it has those haven't happened yet but I don't want to be the first one right the other thing lastly is the traffic on our street I talked with the mayor about this too people go way too fast down our road we are used as a through Street we are not meant to be a through Street we do and and when the mayor was standing next to me someone drove past us and he's like how fast you think they were going I was like 35 he's like yeah i' I'd say 3540 that was the slow car that is not the fastest they've D they drive and Mir has miror Mirrors the same issues so there needs to be a traffic study there I've been I've asked I don't know I know it's I've been told it's definitely not stop signs I've been told it's definitely not speed humps but it is your guys' job to ensure that our children are safe and that we don't we're not the first people to have an instance where a kid is hurt that is your job that is what I expect um that is the end of my thanks thank you for your time appreciate it thanks for coming and thanks for the reminder of the [Applause] time next hello uh my name is William prestwood I'm at uh uh 16881 South Manor Road uh we're pretty new to the neighborhood um but I just wanted to uh voice a general concern about uh water issues that we already have in the neighborhood um I've reached out to the city engineer today um to kind of try to figure something out about our personal situation but I know uh after speaking with neighbors that um pretty much everyone within a line of sight from my home which is um one house over from this new development um we're on uh South Manor uh the west side of South Manor but we're right right by where that te is where the they're going to develop um but everyone within a line of sight of my house has had um major flooding issues in their basement U most of us are running two some pumps which are already going um even this early in the year um and so I just wanted to voice a concern about drainage issues as they are now um we don't currently have storm grates or any sort of drainage on the street um I'm looking to um alleviate the mud pits that make up my backyard right now and my my goal is to uh to put that water into the street because I think it's illegal for me to put it into the sewer system um and the street where right in front of my house is already a giant pool every time it rains so I I'm hoping that I can find a way not to add to that issue um I know I'm going into like personal stuff but with that major development I'm super happy to see the way that Eden Prairie has developed over the past 20 years um 20 30 years um I'm glad that we're you know becoming more of a a a city with density and I look forward to seeing you know better Transit eventually stuff like that so I'm definitely not opposed to new developments um but I think the water issue is an is something to be concerned about as far as accountability for the new project um you know how long are they accountable for the infrastructure that they're putting in um and uh just having having sort of plans like the the things that she was just mentioning um the the data or the the plans I haven't seen those and I've been looking for stuff like that um so I'm really curious to see if they can propose a few different options or if we can get a little bit of reassurance about accountability when it comes to water uh traffic calming is definitely um would be great uh there are many ways you can do bul bouts of course I'm not going to let your you guys on your work for the city so I'm sure you've uh delved into urban planning a little bit but even as is um slowing down traffic would be great even narrow narrowing the streets a little bit um uh I don't think any residential street really should have people going 40 miles an hour down it um even if it is some a place where they can cut through and with a new development um it may be uh even more of an issue so I just wanted to give my two cents on those uh two issues I think you know development is good um a little sad to see that little bit of the forest go where the deer I saw a deer there last night um and I know not everybody loves a deer um but you know we already have a city in Eden Prairie and the more we can develop here maybe in theory the less we can develop you know the nature that still exists in the Twin Cities which is getting smaller and smaller so um yeah that's my my statements yeah thanks thanks for listen Willam [Applause] okay next going once sure please come forward hi I'm Caroline P I live at 6407 Mir Drive um I sent you all an email earlier today so you should have my information um but just to put it on the record once again and for the people at home um really my two biggest concerns um completely understand that this area will be developed and you know not against um a development but really thinking about the number and size of the Lots when you look at the plots right now um both my home and another home adjacent um there are no trees added at all along the perimeters of the properties which will effectively give us a home just a few feet across from the backyard of my property line um and so I would just respectfully request that you consider the sizing of the Lots um so that we're able to add trees for privacy um as all of the other side lots have added uh trees where are there there are current homes the other piece is about safety um it's at the corner of Mir and South Manor there's no stop sign at either place and people generally hook around the corner pretty fast and so I anticipate when the road is put through people will be coming fast down that Road people already tend to park on both sides of the streets which allows for narrow narrow passageways as well and knowing that the deer and other animals will be displaced I just want to ask that you all think of the safety of the neighbors and all the many children um and that we have in our community thank you thank you [Applause] Caroline can I I I think I still have a come come I'll let you add one thing a lot get to the mic though we um all right still Patty feris and um I just wanted to say that my I've done a lot of work on on understanding the interactions between the city the water district and the developers and I honestly think if you just let us get together with the developers we could probably solve this water issue I think it just needs to be moved down a little bit up and down if you guys guys could consider that because then we could include the two houses there' be one less um outs spot so that then the people that live on South Manor um the new South Manor on the other side of it that existing homes they also then now only will have a swell going they won't be connected by pipe but if we move it over and up we could actually connect them with pipe too okay so nobody's proposed an alternative design and I don't think you guys would be opposed to doing that and but somebody needs to think about it rather than saying there's a drainage in Patty Ferris yard let's just use that pipe even though it hasn't worked for 18 years they want to dig up that old sewer that I don't know if it's ever worked and use that as a place to run it and that's how they got stuck on the location right now there's never any research done on Alternatives I'd like that done thank you thanks for sharing all right um is there anybody else don't want to cut anybody off okay so I'm going to ask the council to close the public hearing jump up right now if you don't agree with that all right um council is there a motion to close the public hearing move to close the public hearing so second second any further discussion all those in favor say I I iOS all right now moving on to the council discussion um time uh first let me ask are there questions that you have for either uh the Builder developer Andor our staff that you need uh answered you're nodding so why don't you start and if you all have that you can join in for sure so um I get a lot of phone calls from people that live in the area mainly because I know them and um their main concern over the last few years has been the traffic and people speeding through the neighborhood would it be be possible to put a stop sign somewhere maybe at the corner um of South Manor and in the new development area or somewhere around Mir drive and also um putting putting signs that might say that say slow down definitely Mark the um speed limit and also have the police put one of those um electric um speed trailers yeah speed trailers up because I I can't maybe I can think of at least six times people have called me about that area and you know I'll I'll tea up the Public Works director our police Chiefs here and and many times um neighborhoods areas that they're speeding issues they do these directed patrols they make these projects where they kind of saturate an area they bring their Speed trailer and we do that all the time and it doesn't have to do have anything to do with a development project can just be hey we've got this problem on Manor 168 so we can do that I think Robert would be the one to talk about stop signs and traffic calming so I can turn that over to him okay y mayor K city council um yeah I think um city manager Geto said it perfectly what we usually like to do is start with you know work with our Police Department do some directed Patrol just some education a little bit of enforcement but our engineering division could also go out there start collecting some data get some traffic vehicle counts figure out what kind of volumes we have out there to see if that's what we' like to see on streets like this is it too much volume we can also start collect some speed data is there certain times a day that we're seeing Speeders is it all day is it maybe rush hour is it when school starts when school lets out and maybe that helps with the enforcement side and the education as well we can also take a look at accident we have access to 10year accident history in fact I I did pull the accident to today just to see what's happening out there on 168 and on South Manor Drive and I only saw over the last 10 years one accident it looked like there was somebody who swerved to miss a deer hit a parked car so um but we can do a little bit deeper dive to see if there is something else going on out there with sight distances and just spend some time doing more analysis to see if there's some problem out there we try to prevent just going out and slapping up the stop sign because it makes people feel good CU a lot of times it doesn't work and often times what we found is that maybe may it slows people at that intersection but if a couple blocks north or south of it people might speed up and now you've just moved a speeding problem to a different locations aren't there going to be four-way stops created now um no there's no no plans for a four-way stop at um and in the intersection associated with this project but we could do that just we would need a little bit of time to collect the data um actually get eyes out on the street to see if there's any improvements that could be made um to see if there's some things that can be done to maybe help with the traffic calming and then again education enforcement does help um with that as well so um I'm just afraid putting up stop signs isn't going to really solve the problem in the way that people want to see it solved if there truly is a speeding problem what about signs that say slow children at play or whatever I know that people don't think they work but I mean I pay attention to them I don't know and I and I think when we do that analysis it might recommend rather than the stop sign maybe it's putting up those Dynamic speed display signs that alert drivers that hey here's speed limit's 30 but it'll flash if you're going over it'll tell you how fast you are going so things like that might be a better tool to inform drivers that well you see those and it you feel guilty creates a reaction then yeah and you start to change your habit because of that so there might be other tools that we could use but I would like to spend the time to actually look at the data and come up with some other Alternatives rather than just throwing out a stop sign to see if that would work because I don't think that it will okay okay I also have a question about the pond but I'm sure that the other council members would like to speak oh okay keep going because you can they can pigy back on that okay so um could you explain the um Pond and this is the first time I've heard about an old pipe in Patty's yard so yeah mayor uh City counil so what I believe and I don't want to put words in Patricia's mouth but what I think she's referring to is this develop ER is um putting in a storm water system meeting all of the city's standards which all developers are required to do that's why the storm water Pond is going in but they need to connect to a storm water system to discharge to uh so they're connecting on the far north western corner of the site where there's an existing storm water pipe that is underneath Patricia's driveway so that's the close to storm water pipe but they need to upsize the pipe so they've got to replace it um is that on public RightWay or is that actually on um Patricia's um well it's within a public utility easement so it's just outside the RightWay but within the easement I think what Patricia is saying is rather than connect to that pipe or maybe in conjunction with connecting to that pipe you could also move that pond farther to I guess more centrally located in the North part of the parcel and then put in a new pipe across somebody else's yard and tie into ultimately they're trying to get to the stormm water pipe that's in North Manor Drive okay um just to the north of this subdivision so just an alternate location to install a pipe but it still would interrupt somebody's yard I mean there's no way that you cannot install this storm water system and tie into the existing storm water system without impacting somebody's yard it's just not possible you've got to either dig up the driveway or dig up somebody's backyard Lisa can I just butt in here and then giveway back to you um so I was standing with Patricia and Marie this afternoon and she has a quite expensive beautiful brand new concrete driveway so if you tear up like it's in four sections so if you think of the first four panels and and those four sections next to the road and then you got four more right so depending where that pipe goes and we all know that you can't match I mean it's so hard to match concrete color and all that I mean you'll know it if you rip up like the middle section there just no way around that or can we go into the sidewalk area that's our um you know City sidewalk um and then go in that way and then cut into her yard so you don't touch her driveway well I don't believe so you're either going to have to tear up the road or tear up the driveway but um there 10 ft of 11 ft of City owned land that's both the right the green grass part and then also we have a sidewalk yeah we can't tear up our section well I I might ask ask the developer to come up and defend their design because ultimately they would be the one that would have to pay for cost of replacing driveway or tearing up Street or I mean they legally have the ability to use that public utility easement to replace the pipe and but if that so you're saying that if you if I'm a private land owner and I realize there's an e easement but I put it's on my land with an easement for the city or something and I put money into my driveway um that I'm I'm out of luck if we need to go into that easement yeah the the developer would be required to put that driveway back in as good a condition as it existed after they were finished so if it's that subjective or I mean well if it's concrete now they'd have to put concrete back but only in the panel they go into or the entire driveway to match that concrete they would just have to match where they they would put a saw cut where they needed it and then they would remove and replace I mean I will say um and yeah please come forward I will say that um I am I mean I'm aware of that a lot a lot of people living out in the city may not always be aware that between every two yards there's a public easement of I don't know five feet and into each yard or something and if you plant anything in there any trees any bushes and suddenly we need access to get down to the pond or something in that area every tree goes out and it's on our dime I mean we we so when there's an easement um it it belongs in a sense the easement is there it's a legal piece of a of property and the easement belongs to all of us to the people I I can't write now Mar because we closed the public hearing but um I I would if we need more information we'll we'll call you up go ahead well to like this isn't easy the question was asked and we'll replace the whole driveway like I get it okay all right that point check that box thank you so much very nice um okay so uh back to you Lisa oh okay so Mr Ellis um so Mr Ellis if the pond does overflow where would it Go the the Overflow and uh maybe I can um kill two birds with one stone so the depth the depth of the pond is four feet the water depth is 4 feet 4 feet okay okay now that's the normal water depth if there was a 100 years storm event the maximum depth under a worst case scenario was 9 and a half ft so our city engineer who maybe said 10 feet was talking a Noah Arc worst case scenario event it could be theoretically 9 and 1 half ft deep your typical everyday event it's 4 feet deep so the emergency overflow should you have that worst case scenario it would overflow at that 9 and 1 12 ft and it would flow to the Northwest uh corner of the outlaw into 168th Avenue West so across the sidewalk and out into the street so it would never I I noticed in the little map you sent me on my phone today yeah um that it talked about the 100-year storm level at um 933 FT elevation I believe and um currently the pond at 4 feet sits at 920 I think and then the um uh the the burm are the highest point that it have to overflow would be 934 so a foot even above the hundred-year storm and then you're saying if if because of climate change whatever it overflows even that it goes into the street and I look to see if it did happen to go over that burm it goes into a sale that goes down between the next three to four yards so I guess I'm going to ask you Robert in your wildest imagination is there any way that water could ever reach their pool because their pool goes back up ground it goes up from that sale y based on the Contour and grading plan I'm looking at I don't see that happening and so the next question is if it did cities We Own It reliable we're responsible we help fix something if there's ever an issue whether it's uh issue with weeds it's an issue with flooding whatever the case may be I mean I would say call 911 first off any emergency but we have a storm water uh utility we have a team dedicated to managing storm water to dealing with storm water issues to m taking the 911 call in the middle of the night they're on call we have it we have a team of professionals that this is what they deal with they are utility field operators specializing in storm water management how often is it maintained them because I know that sometimes those grates get clogged with sticks and whatever and we have a periodic maintenance schedule so every five years all storm water ponds and we have I don't five 600 storm water ponds across city of Eden Prairie so every five years they're all evaluated we go out we take take photos of them assess the condition grade them and based on what their rating is if they need to be mucked out if they need to have weeds removed if they need to have erosion that needs to be repaired storm water pipes that are separating concrete that's deteriorating you know based on that condition assessment then they're addressed okay um so they would be at a minimum of every five years it's inspected excellent Lisa are you okay I'm going to come back to you but you okay if I no I'm good yeah I'm good thank you thank you then no I I don't want to catch up but we we'll come back to you I'm good yeah um let me go straight down or yeah do or do you want me go to Mark Mark's itch in here too okay oh go ahead I've only got one question L Lisa asked almost all my questions all right I'm council member fryberg okay uh seems like a lot of concern still about the pond um I think you clarified Mr Ellis uh the the two numbers the four fet and and the 10 foot um which is you know substantial when there's weather it could cause a problem as far as of small children and stuff is there any possibility that a fence could go around there for uh that pond itself what fence I'm asking for just a fence a fence mayor case Council we have really hesitated to do that again because we have we have hundreds of ponds across the city and we've never fenced any of them most of our ponds are wet ponds and most of them are large and deep um we have three Creeks that run through the city we have a a river we have 17 lakes and we have not fenced any of those this is a very very small it's only four feet deep um okay okay however the lakes and we're talking gradual we know that right offshore it's only six inches to a foot if the is if this is steep you know that could drop very fast even at 4 foot so Mark every I guess is what my every single ner pond in the city so we have um you said about 300 total and about 40 or 50 are these new dry Pond Concepts right so the old ones which were classic 1991 Wetland act came out of federal government actually had a design uh actually Amy and Robert uh correct me here but Mark they go like this they go uh they have about a six to8 foot slow decline line where they're still about a foot deep for children then it drops down in a V 12T all over the city next to Neighborhood does have a a very gradal but this one this one only goes down to four feet it does have a deeper and I'm not saying a small child wouldn't get hurt but we have 300 ner ponds and we've never had that I can remember an issue is that accurate and not to say that again we have lakes and rivers and creeks that that we that people might get hurt in water but we've never had an issue with a ner P but I'm not I'm not minimizing fear right I mean well I don't necessarily want this to drop on that I just I just I I want if it's going to be gradual that's one thing okay I get that uh I just don't want all of a sudden have it a real sharp Fe because to me that's very dangerous all right but if we just do gradual you know um if there's some Assurance off on that that would be good do you want to address it yes uh my name is John Bender I'm the civil engineer on the project um with James R Hill I wanted to specifically address your question it's a good one um and the mayor uh alluded to this uh ner ponds are required to have a safety bench around the perimeter where there's a 10 to1 slope for 10 ft so for the first 10 ft it only gets one foot deep and then after that it drops down and you get the four full 4ot depth so in this case we do have that um this is is a unique pond in that it's both it has a wet cell and a dry cell the dry cell filtrates through uh the small wet cell does have that safety bench around it okay that answers my question thank you very much question anything else council member Friberg for now we can come back to you uh council member Nelson I had a couple of people talked about flooding in their basements and yards which seems to have been going on for a while so it really doesn't have anything to do with this development but I was still wondering what does the city do for drainage issues into people's basements and discharge issues and such um that you know since we're hearing about this now and they claim it's happened for years you know what is our policy or what can we do to help them because I I don't see this new development have anything to do with that current problem but it is a problem obviously mayor case city council I could probably address that question as well the last 10 years the city has been installing what I'll call a sump pump collection system it's just a small 6in perforated plastic pipe that we usually Place below the curban gutter and off of that we place little baskets so that people who have an active sump pump discharging out into their yard can run their their little 2in 3in pipe and discharge directly into that basket which ultimately discharges into our storm sewer system and makes its way to a pond and throughout the rest of our storm water system but it prevents it from recycling back down into the ground into the basement pumped out so that it's kind of breaks that cycle and we have done that on North Manor Road um in the immediate neighborhood of this development and uh and a few other places kind of surrounding the proposed development I did hear from some of the speakers tonight the desire to have it in their neighborhood and and so I wanted to make a point of reaching out to them after this meeting to talk about maybe that's something that could be installed in their neighborhood we found that it really helps and the other thing I did want to mention is it might be helpful having 17 new basements with sump pumps that are pumping some of that high groundwater this is is a neighborhood this entire part of Eden Prairie is a high groundw with clay soils and so it they're very M May well be a benefit to having more sump pumps now drawing out of that groundwater that people living around there maybe their sump pumps can relax a little bit um but I will reach out to I've got names and I've got addresses to talk about a separate project outside of this development that may be helpful to them in the future excellent that's what I was hoping we could do and some pump water will go into this Pond is that accurate well it could yes if these new homes that are built have sump pumps and the developer is installing a storm water system that's largely in the backyards where they could connect or they could put their sump pump discharge it would go to the pump but um yeah and then it would ultimately make its way into all the storm water system where pretty much like I said all the sum pump system that we've installed in this neighborhood that's where it's all going it's going through the entire ner Pond and storm water piping system throughout the neighborhood and and just again for education purposes across the city um the Metropolitan Council I believe are at least through the Musa but had really directed all cities to remove some pump water out of the sewage system because that's gray water and we're getting charged all this extra money we I don't know if that was through fines or fees and so we are mandated to get some pump water out of our sewage system and get it back ideally again into the storm water drain system uh where then it can go off into our as you say ponds and creeks and ultimately the river all right uh council member Nelson anything else um no Lisa asked most of my questions was very nice um okay I just um have a couple quick things here I I um I personally wanted want to know a couple things about this Pond just from a a sense of um staff again teaching the neighborhood telling us telling us all getting the council comfortable with this why why was this Pond and maybe it's you all why was this Pond located where it is and and why the model of the dry pond with 85% being uh sand filter based and 15% waterbased so just basically explain to us and help us understand this made sense we put it here because blah blah blah would somebody yeah good evening um yes uh good question uh so the reason we placed the pond where we did uh where is essentially because that's where uh uh where the storm sewer infrastructure is that we could Connect into um secondly as far as why I configured the pond the way it did with a wet cell and a filtration uh there are um many storm water requirements that I have to meet as far as water quality rate control volume control uh both the city's requirements and the watershed's requirements um so we go through a process where we uh we we size different aspects of the pond based on the rules and it's it's really kind of an iterative process where we go through many um scenarios many iterations and sort of try to optimize the pond to hit all of the criteria that I am required to meet uh in order to meet the cities and the watersheds rules okay not sure does that adequately answer your question yeah well and I had an answer in my head I just wanted it shared from an expert okay so thank you all right was I close to what you were thinking yes okay good thank you thanks no thank you um so just a couple brief comments um and and I really learned a lot of this and thank you Patricia and Marie again for spending time with me but traffic and speed are two very separate phenomenon you know we're this Project's dealing with the impact on traffic I realized from a neighborhood standpoint traffic causes speed I get that but we have speed issues and concerns across mature neighborhoods across this entire city we get I don't know 50 60 70 roads a year that people are concerned that they want us to work on limiting speed and we have protocol for that we have you know we'll we'll send a police officer out during certain times we'll put up that that monitor I've been um pushing and it costs money but pushing for some of the new technology that actually sends digital electronic data um Wireless back to City Hall um from like if you have 30 units 30 places across the city it could be used we're not going to do this so if you're resident listenting do not panic I mean it could be used literally to photograph the license plates and and you know some states across the United States tick it off of that I don't want that uh but what it and I don't care about the actual driver at this point what it would do though it would say it would send back data that says there are these six or seven cars uh between 8 and 8:30 every day that are going over 50 miles an hour and then you just send a police officer out and you you know Park them there and and and you know pick them off and and stop this and by the way we do find over 50% of all Speeders live there they live in the neighborhood um which is you know can be problematic but um so anyway speed is N I guess I want and sounds like Robert and police off and chief sacket sounds like they they've heard this um this street and both mirror and um South South Manor is it not 168 the one that goes north okay um have issues with speed regardless of this development right so we need to respond to that I mean maybe this is the development that got us to pay attention but continue to call us just call any one of us or or call Mr Geto and just say you know my the speed is really problematic on this road so speed traffic two different things if you look at the traffic study and I haven't heard a lot from any of you or neighbors or emails of real concern about the additional traffic itself and I think one of the reasons is in our traffic study um it showed an increase of 189 different trips per day it might be a little bit more than that but they broke it down and some of these are projection guesses but there's good data out there from you know 50 years of History across the US I mean this is pretty good algorithmic data but um guessing in the AM peak time so from 8 to 9 o' there might be four cars that enter this new development in about 11 that leave four I'm guessing are Cuts so let's say four cut through cars in the morning and in the afternoon seven are exiting I'm guessing they're cut through so 11 cars are additional that are cut through uh in 120 minutes so do the math that's one additional car every 10 minutes that's negligible so I'm I feel really confident I don't know if you all do that traffic is not going to be the big concern off of this development I did hear the mirror concern with the parking on either side of the street and you're already putting even if it's 10 more cars a day you know we need we need to maybe help that street in that neighborhood deal with that I I definitely want to do that um the other thing is it sounds like there's two different issues with well there's the issue of the clay soils all around this neighborhood you know that that's there before this neighborhood would get built and it sounds like maybe this neighborhood would even help it a little bit if it built just taking some of the sun pump water off but um and we we need to address that sounds like again Robert's right on top of that and maybe we can talk to people that are having some pump issues outside of this neighborhood I everything we've been told by all of you and by our own staff is that the water any water issues that are on this 5.43 Acres right now will become better for everybody because they're going to capture their water now for the first time and they're going to put it in uh into uh storm water drainage pipes and so I I this neighborhood I don't believe is going I feel comfortable it's not going to exacerbate in any way any current problem but if neighbors have current issues separate issue talk to us I mean I think staff we want to help our residents so if you have separate issues outside this neighborhood with with drainage and some pumps um talk to us um let me go through my notes are you doing that I did think of I did SP one um there was one question about adding trees near Mir Drive um on the backs of the lots and I know often developers do add trees neighbors don't want to see the new house the new house don't want to see the neighbors yeah in and I believe the person who spoke on that is directly adjacent to the property to the east correct yeah and we looked at that there the there's an easement there I I mean I don't mind putting some extra trees in to try to block The View but that easement is there which is the same story if anybody needs to get in there they can rip that up so I don't mind if we work to put them on your property or further back on that the other property I I I don't mind spending a little on some trees to give you some screening that seems fair I have a question about the new homes will they have the Su pumps already in yeah if it's a full basement we generally put a su pump in the ones on the North side though are Lookouts walkouts so they're all going to drain down and then towards that corner oh okay and then um I only had two more quick um I I just wanted to make sure we respond to as much of what was shared tonight as possible but the increased population on schools it's a very micro myopic view we look at macro we have a city of 65,000 people growing to 80,000 people probably by the I'll be dead but by 20 45 or something I'll probably be dead um and you know at that point we think about we just build okay there's private land that's owned they have a right to fully actualize the value of their land they sell it projects come in based on our zoning we don't go out and try to build all these fivestory apartment buildings that's what the market is driving we don't go out and try to build 800,000 houses that's what the market drives uh we do work hard to get affordable housing and right now we can only do that through Apartments um and and and by the way we have an inclusionary housing ordinance which will take where a developer cannot uh give us 20% affordable housing they give us cash in lie of right and so we use that money for additional affordable housing but my point is that developers come in they bring projects in and the results are that we get people and kids now um and the City of being Prairie generally since 1968 in our Master guide plan we have planned in fact 1968 they planned for a city of St Louis Park densi of 120,000 you know so it's it's been downscaled because we built all these CLD saacs back in the 80s that had not been in the plans originally so we simply allow the market and and we govern we rule on land options and and possibilities opportunities coming in and then the school district knows that they and do their projections all the time and in fact they're losing kids I mean if you if you talk to a school district person there they want more kids they're very excited about projects that bring more kids in this is so relax yourself on the kid issue they're they're extremely happy and then finally animal habitat um trust me my wife well represents all of you she anthropomorphizes every single squirrel and bunny in our yard and she is concerned all the time about where will the wild animals go we do in this city have 10 square miles of deer habitat they get into other areas sometimes like this little 5.43 AC acre property but we have 10 square miles and we do Monitor and and and control that and we try to keep 25 deer generally per uh square mile of deer habitat and that means 250 deer in the city we count them every couple years we do close your ears if this is offensive we do call the herd um to keep it healthy for the deer and so the loss of 5 Acres the deer will be okay maybe not a single individual deer sorry about that but in the big picture they'll be okay um and trust me if you have a yard like mine the bunnies and the squirrels are all there so um they'll they'll be fine too I I do I'm not taking it lightly I do very much appreciate um uh animals as you know and and and again we love our domesticated dogs and cats except maybe the governor of South Dakota so um well it's that's fair too soon though no it's fair um all right um and yeah that's good so with that um Council additional questions or comments yeah I'll add up to that that school district one um my younger daughter she graduated in um 202 I think and the class classes be two classes behind her were the largest classes ever in Eden Prairie it's been going down ever since then and quite frankly she made it through high school just fine with lots and lots of kids but those schools are all still there so um they can handle a small number of CLA classrooms easy um with since they built the mall you know 20 years ago all right if there are no other questions Council uh would one of you make uh the motion and then just go on the second bullet to adopt the resolution in other words we've already Clos the public hearing go ahead adopt a resolution for Planned unit deel planned unit development concept review on 6.43 acres and approve the first reading of an ordinance for Planned unit development District review with waivers and zoning change from rural to r1-- a resolution for a preliminary plat of one parcel into 17 lots and one Outlaw on 6.43 acres and adopt a resolution for the findings of fact in support of Park dedication fees and direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions and authorize the issuance of an early land all alteration permit for Enclave at Manor Road at the request of the developer subject to the conditions outlined in the permit is there second second Council any further discussion everyone good let's vote all the I I will expect the developers to do what they've told us here tonight that's a given um that's part of it as far as I'm concerned and in fact i' prefer to have you do whatever else better you can think of to do for your homes that are there and the people that are there um don't skimp on the trees ever and um so but yeah that is part of it and as long as you understand that's part of it and do your best for the neighborhoods that is part of our expectation um before we vote I along with that um clearly there was one home tonight um Patricia and Mar that had particular concerns in fears um about the impact on their pool about okay it would be great if um Carter or somebody could be a kind of a regular uh connection and um you know uh Patricia U Marie feel free to use me give me a call but just keep keep you know let's stay in contact as this um breaks ground um it's always hard when all the trees come down it's always hard when all the dirt gets moved um but as it moves along and this is true of all of you I mean not not just Patricia and Marie that their houses maybe um in their minds mostly impact acted up in that northeast corner but please northwest corner but please um use any of us and reach out uh we're you're our ears and eyes but um we can hopefully help you know you connect you and represent you so with that all those in favor say I I opposed all right this passes um thank you um and also the audience thank you for respectful evening um appreciate that you're welcome to stay or uh you may um leave okay uh Mr Geto yes mayor thank you uh second public hearing is lotus Villas on Anderson Lake um the applicant at this location proposes to remove the existing office building and redevelop the property to 19 single family lots and two out Lots this is a Villa style neighborhood where Property Owners will own and maintain their home the association will maintain the grounds in the area um it also includes a private Drive utility and storm water manage M ponding Landscaping and screening uh the applicant here requests a comprehensive plan change from um two residential um allowing that density of 0.1 to five units per acre in the zoning District change that would be then to r19.5 the Planning Commission uh unanimously recommended approval of this project at their meeting and the applicant is here tonight to give you an overview of their project and answer any questions that you may have and staff can do the same great please come forward mayor members of the council Mike Waldo with Ron Clark Construction um we're here to uh discuss our Villa project um hopefully we can keep it shorter than the last group um I think uh one of the things R CL construction we've been in business for 45 years doing quality neighborhoods around the Twin Cities um I think one of the things that hopefully has paid off for us as we did focus on early communication both with staff and the neighbors um as we started to develop our plan we sat down with the neighbors the HOA Association to the North and the single planing neighbors to the South just to kind of talk through if they were agreed with us that this project really needed to be no longer office and need to be residential and I think uh as we look at the thing here and if I I think that's really when you look at this picture that's probably the summation of the whole project is we've got the town homes to the north we've got the res single family all around us and this was something that kind of was zoned originally to be this and as everything else is developed we think this fits really well um I'm going to turn over to Tim just quickly to talk a little bit about the uh the site plan and everything else I'll jump back in for you other quick and we'll try to keep it fairly short good even mayor case Cil pleasure to be here I'm Tim Whitten with Whitten Associates architects nanka and uh I'll move to the oh there we thank you uh we're proposing obviously a uh single family detached development that happens to be in between an existing town home Western Woods uh Twin Homes rather and uh um also the uh Sanctuary the single family uh it seems to be kind of fitting to the one of the major principles of land planning and that is a transition between existing uses uh the office always seemed to be out of place uh possibly the reason why it's vacant today uh we did originally consider uh a mixed juice where we would have Twin Homes and detached FAS but after our initial meetings with the U residents of Western Woods in the sanctuary we decided just to go with detached single family uh and the site plan is really pretty simple we have an entrance that's pretty close to the entrance that's there right now for the existing office building but we put in a a loop road um that is uh I think 28 foot wide and uh 26t wide and it supports uh parking guest parking about uh 20 guest parking spots all the units will have two car garages and all the units will have two car parking in front of the garages uh there are 19 Villas and they sit on 55 ft wide Lots there are no driveways along um prair Lakes Drive and we put the pond um along prair Lakes Drive which I think is going of breaks up that that street look where um no R units are looking right at um the main the Main Street U the units are all or the the um single family uh detached are all one level walkouts except for the three that are adjacent to the existing Pond and those are actually going to do two and a or story and a half can't quite get the the walk out there so um and that's a high demand as well uh we have a sidewalk that runs along Prairie Lakes Drive that will um connect to the existing sidewalks the Villas you get the themselves single family detached fillers are 40 foot wide and about 80 foot deep they're approximately uh 2500 to 3600 square feet um there's going to be a lot of variety in the design the exterior and uh we work with uh the Ron Clark group for probably 20 2 5 years and uh the exterior materials are going to be high quality um either LP or um or hotti and stone uh there's really three major benefits to this project I think uh one is single developer and Builder uh there's a homeowners association that will be in place and has this project has a reputation of of Ron Clark and with that uh Mike and now I'll be happy to answer any questions just this water lily um Circle Court Drive whatever is that private a private Drive yes it will be yep I'm going to Quick a couple other things based on S of some of the conversations we had before along with that um again we were asking for a few um minor waivers based on the Villa concept and the as we are honoring the seniors as we did earlier empty nester Market is kind of what we do as my five grandkids keep telling me I'm getting a little older um so so I think we've got some flexibility in the front yard setbacks and some of those things I must be talking too loud one of the big uh as far as the water treatment thing I think that came up very heavily in the last one one of the reasons we did put the pond to the front both from a buffering from Prairie Lakes is that was the closest piece to the infrastructure in other words right now all the water off this site is not being treated really so now we're taking that pond treating it infiltrating some and then that's where the closest access to the permanent uh flow down to the Anderson Lakes is um again talking about the tax base we're going to go from about 2.3 million to probably around 20 million so about a nine time increase um buffer easement I think there's one kind of unique thing in the neighborhood we working through with engineering that is as we talked about planting trees when you put a utility easement in the back of there's a lots we can't plant trees on it if we do it as a buffer easement which we've done of other areas we do the utility easement along the very outer 5T along the edge then we have about a 20ft easement that allows to both plant trees and to have drainage and this both the city and the HOA control that so if a resident comes in and changes that drainage and the city comes back to it and said either we need to fix it or the HOA needs to fix it it allows us to achieve that but we're allowed to have more trees in that area because we can work the drainage around the trees whereas we talked before if it's utility easement all of a sudden those trees go away and in most cases cities don't replace them or they replace them with little tiny ones when they're huge and with the neighborhoods both to the North and the South want to main Ure those buffers stay in place um we did work with the uh Weston Wood's neighbors to the north I think Mark will probably come up and speak one of the neighbors he's kind of the one most affected to it straight across from um the area there I if we do have that anymore let me go back to that um he is uh located right to the north of kind of our lot uh two and three there block one and if you notice the red line now we originally looked at the fence being on the property line but unfortunately with the burm continues up onto the property so the fence would be down here instead of now being up here so we've worked with the the HOA board and with uh Mark to make sure that we've walked a couple times with them in fact yesterday restake it with our fence guy so we're going to actually put the put it completely onto their property we'll pay for it we'll get it on there we'll have an agreement that allows them to take over and control it but it fits what they're trying to deal with from a buer perspective much better than trying to put it on the property line um one of the other things no internal sidewalks kind of like both projects to North or South I know it's something a lot of neighborhoods but with a small little Loop Road you're not going to see much for traffic um and I think the biggest thing we've heard from the neighbors really has been noise dust and dirt related to the Demolition and the future and we've we've done as much as we can we know it's not going to be perfect we've got contractors to work with our as Tim said we do the development we do the building um everybody in that group has my phone number and have used it a couple times many times um which is what we want in other words we want to be a good neighbor and the relationship that we've created I think with all the neighbors has been really solid and they've been uh excellent communicators too so appreciate that and we'll be here for any questions so Council again um what's your pleasure in terms of um going ahead and having the public hearing and then closing and having question comments at that time is that okay sounds great thank um then this is a public hearing is there anyone in the chamber that would like to address the Council on Lotus Villas on Anderson Lake this evening please come forward give your name and address good evening everyone my name is Terry Pearson I live at 10827 uh leaping Deer Lane it's in Eden Prairie and it's in in Weston Woods um I have been a member of Weston Woods which is to the north of this plan development for 28 years in September since that time myself and a number of other residents over the years have been very involved in some of the Community Development that has been happening around Weston Woods some of you might remember Regal Cinema Home Depot cost Y and um the reason I'm bringing that up is because our group our organization has been very delighted with working with the Hartford Hartford Commons development that was Tim Wht who is now part of this development as well it's a different Builder that occurred for Hartford Commons but the interaction with our community with our neighborhood was tremendous and it made all the difference in the world the fact that um Ron Clark's team has reached out to us we've met on a number of occasions very proactive I think that is a best demonstrated practice that we would highly encourage um you recommend for any development going forward in Eden Prairie any concerns we had were addressed we love the fact that the transition from Prairie Center Drive all the way along Prairie Lakes Drive into the sanctuary um is a very appropriate graduation from a higher density residential all the way to single family homes I know a number of you have been to our community from night to unite thank you very much for coming to visit us we very much appreciate that and so I'm delighted to say we are very supportive of this development I'm sure you probably don't get that all that often not a lot but we couldn't be happier and interesting enough in 2004 I had reached out to Ron Clark and toured that very site hoping that he would develop it way back then it wasn't the right time it didn't make sense financially at that time so boy timing is everything now is the right time and we couldn't be happier thank you thanks for coming thank you appreciate you sharing anyone else in the audience want to try to top that just kidding you can have concerns anyone else in the audience want to speak all right if not um why don't you just vote to close the public hearing we may not have a lot of discussion but we'll I'll will offer it to you I I'll move to close the public hearing I do have questions great there second second those in favor say I okay why don't you start council member Nelson um you had talked a little bit about trees that you were going to add how many trees are actually being added into that area um I don't have the exact number um I know exceeded with what we've drawn today we've we've exceeded the city requirements for replacement okay and the expectation is we normally add about 10 to 20% more trees as we look for locations and in fact in a couple situations they may or may not go on our property I think uh kind of just making sure that if we've got a gaping probably more in the single family to the South they've got a very nice buffering going on but there's a few areas where they're going to need some additional trees augmented in that we'll need to place on site and so we'll work with that group to kind of make sure that happens along with we're fixing we're not putting a fence on that side because they have an existing fence in most cases we're going to we've got to work to move a couple pieces that are um not on the right property line but um I don't have the exact number I just okay we tend to overdo trees and we also do B bit bigger sizes we tend to do a little bit more and that's 4 inch a lot of times besides the two and a half we tend not to go bigger than that because they don't grow as fast and that that two and a half to three and a half grows bastards I counted 76 trees but I'm sure that's um might be it sounded I think it was somewhere in there between 76 and 85 that sounds like uh well treed area uh the other question I have are these homes you're going to be building are they either sold or soar ready which would be my choice or at least solar capable yes we'll make sure the truss is capable for them we'll run a conduit we've got a conduit both for whether it's uh solar or for AV stuff from the mechanical room all the way up and then we rough in for a AV charger Outlet in all of our units also so okay council member fryberg I just got one question what's the price range you're looking at we're thinking yeah it's it's it's somewhere between we're hoping to be around 900,000 on the slabon grade products the Villas based on what we've been doing in minona and other places probably 1.1 to probably just under 154 um it seems like between costs and what people are looking for we think that's kind of a sweet spot with what's going on in Eden Prairie because a lot of empty nesters are coming out of houses that they probably paid 400,000 for but they're worth double that now and it really it really falls into we don't restrict a temp ner but in our project in minona that we just finished up Legacy Oaks um I think we had one high school Age kid in the entire neighborhood out of can can I ask you a clarification of that top number again I'm sorry I didn't hear it 1.4 to 1.5 probably for top and and then there's a chance they could go past that but I think that's kind of our our specification we're trying to hit that segment which we think is the best one for this neighborhood thank you council member Tumi um I just have a couple quick comments I'm happy that you're putting more trees in than you're taking out thank you and also glad that the homes aren't always going aren aren't all going to look the same from the yeah so it's not going to be a cookie cutter neighborhood we pride ourselves I mean again they're all kind of 40 by 80 to 85 but the front exteriors uh we'll have some side low garages front low garages we try to keep that diversity as much as we can and again one of the other things on the trees and I know when we work with this Forester on there is a lot of Ash and trees that probably wouldn't have to be replaced but we're actually replacing all those in addition to what kind of would be required so we didn't we didn't discount the amount of trees we need to replace just because they were trees that would be moved anyway so thank you excellent thank you all right Council anything else if somebody would U make the motion mayor can I one quick thing um I've got a bullet to add we missed a bullet so you've got I know you've got like seven bullets so if someone is going to make the motion want to add this bullet it was in the packet but it didn't make it to the annotated that would be um a bullet that adopts a resolution approving preliminary plat so that one didn't make it into the annotate it's in the packet if you have the packet okay somebody make the motion then adding that one extra bullet okay I'll try here um move to close it's already closed okay we've done that did that move to adopt a resolution for a guide plan change from office to low density residential and 5.4 acres and adopt a resolution for a PUD concept plan review in 5.4 5. Z acres and approve the first reading of the ordinance for p district review with waivers in a zoning District change from office r195 on 5 acres and adopt a resolution on in support of Park dedication fees on five acres direct staff to prepare a development agreement incorporating staff and commission recommendations and Council considerations and authorize the issuance of an early land alteration permit for Lotus Phil on Anderson Lakes at the request of the developer and subject to the conditions outlined in the permit and adopt uh residential preliminary plat all right is that fine is there a second any further discussion all those in favor say I I I opposed all right welcome exciting thank you uh Terry also for coming and sharing all right um our third public hearing Mr Geto yes mayor third public hearing is Asia mall parking lot expansion I think everybody in this room is very familiar with the Asia Mall we've probably all been there um on many occasions but it opened in November of 2022 and um I think we may recall when you were approving that project in 2022 one of the questions was um parking and issues with parking so there was some foresight um in the development agreement that you approved that uh parking may need to be re-evaluated at a future date obviously this former Gander Mountain building being converted to a food Hall with a major grocery store and not knowing exactly how many restaurants there would be makes parking kind of tough to to Really nail down it's really important to have an understanding how the business operates over time um um so we're back tonight or not we the Asia malls back tonight with staff recommendation for expanding the parking and adding 122 uh spaces to the site um that would bring the total number of spaces to over 400 to 424 um and there are waivers related to the parking lot expansion as well um staff recommends that Planning Commission recommended this project on a on a five to3 vote and the applicant is here tonight to give you an overview of their plans for the park in expansion and answer any questions that you may have please come forward give your name and address connection to the project good evening mayor and members of the council I'm way Johnson with amcon construction company and we're working with the Asia Mall folks to to make this happened and I apologize our civil engineer had commitments tonight so you get stuck with me so don't get too technical um I am a recovering engineer but that's a lot of years ago uh so I don't know how to work this and you guys all have this in your packet right yes so I'm going to go forward to this slide and and you're generally familiar with the parking some some is being added on the West Side uh majority is over on the east end which is currently a pond we're moving to underground water storage there's been a lot of effort made by both the Watershed district and City staff uh with our engineer to make that all work uh I I trust them and don't dig too deep in that I think they're at least with me um I think this is the important slide um so I want to spend a little bit of time here and I have some additional notes uh right now current Park stalls are 294 uh after this Improvement there'll be 5 425 uh Eden Prairie City code would require 445 for this use and maybe just a sidebar in there something that we've learned over the years and and is that Suburban cities have been sometimes conservative on parking needs um so there is a group out there called The Institute of Transportation Engineers who kind of are the Bible for these types of analysis and their their thought or their calculations be 334 to 367 stalls would be adequate your Planning Commission did a really good job of directing us to look at actual counts so we have two weekends worth of counts one weekend is reflected here these are Peak counts and I should note that they are less 45 we have about 45 employees that are parking off site and we appreciate that the cooperation in that level um a more recent study that just completed um was 252 stalls for just last weekend so we there's about let's call it a 290 to 300 car need uh in our parking lot after our Improvement well 425 we believe that there's nice coverage and a nice gap for what's needed out there um to solve the the victims of their own success um I'll I'll stay up here and answer any questions but I'm going to turn the mic over to Amore he's one of the owners of the asiia mall and has a couple things he'd like to share with you good evening everybody my name is moal I'm the CEO of the Asian Mall thank you for doing this and we' be very successful in the Asian mall and we need more parking that's it people scared to come over Asian M say we can find parking you know we want more people come over will be more successful in the business I appreciate that so we do offside parking for the employees like sometime 40 to 50 it depends and then we we have the underground parking but some people cannot see it so we put the sign up there say we have underground parking for everybody so thank you appreciate that thank you we appreciate Asal being there we're really excited about that okay um we'll go ahead and have have a public hearing if you want to sit and we'll call you back up Council same kind of U procedure here do you want to have a public hearing then close it and okay um so this is a public hearing anyone in the audience wishing to address the council tonight on the Asia Mall additional parking proposal okay uh see none how about just somebody close the public hearing portion only I'll move to close a public hearing second second okay all those in favor say I I I opposed all right Council um so anyone have any concerns or questions we've um we've all read our packet um I've chatted with staff I'm sure you all have probably two any anything you want further clarified I do have one question um where people are likely to come out of this um new parking area will there be a door into the mall right there or um you know how easy is the access going to be from this new parking area so the new parking area will largely be uh toward the Far East End of the lot there will be no changes to the building itself there's the interior access if you park underground and then there's the main front door that will all be available uh as they have been um standard practice and I haven't talked to to the tenant or to the user about this but over time I would expect that employers employees will be asked to park on that far east end as it's the most inconvenient for customers okay do you have an elevator down in if they Park under ground in the lower okay yeah yes some handicap accessibility that's really a great place to enter um council member Nelson anything else um no other than I have been told by people ever since you opened practically of why wasn't there more parking so I think there will be many happy um customers of yours to have more parking council member fryberg anything going forward okay the pro if the plan gets approved um thinking out you know 10 years it's a good number do you foresee as far as that this would be it because I think you got a it could be a problem if in that span as far as we keep peeking because you did get busy you know that was a good problem to have but does this look pretty much to you like a permanent fix as far as as you can project as much as possible the building is nearly 100% built out um there's a few smaller areas and some that could possibly change to higher parking needs but I think the numbers we're seeing have enough bounce and that it would more than accommodate what's what could come up in the future I think the building would have to change to a different use completely probably to exceed that 425 and then no more parking on technology okay okay thank you very much council member Tumi um I don't really have any questions just to comment to say congratulations on your success that you need to come back from more parking um Robert could I have you just share briefly the um Tech some of the technical aspects to this uh proposal it and has it Wetland impacts um I'm sure the Watershed district will get to weigh in um just want to share structurally um because I'm sure staff worked with them quite a bit to help them come up with this um concept yeah mayor K city council so yeah the underground storage is something fairly common we're seeing this more and more as land prices become more valuable and the desire to move things underground so the technology behind the underground storage is you know it's very reliable it's just more expensive as you know they've attested to that so no concerns with that um again we're dealing with more impervious surface so uh that's one of the the variances that are being requested um but in town center area or major Center area it's not uncommon because that's some uh uh some of our most commercial most Urban developed property in Eden Prairie so um from a technical standpoint I think everything here that you're seeing tonight is something our staff has supported and understanding that uh the needs they have over there and for our standpoint it's really the safety is we don't want to force force people out on the Technology Drive we don't want pedestrians crossing right we want people to find their way on site find a place to park so that they can access the business the safest manner possible and we find this is a good balance between everything is this technically a lowquality wetland I mean is it technically Wetland or not at all uh that Wetland um I I'm not sure the exact quality of the Wetland um but we are we are taking up Wetland and replacing it with this water storage capacity I don't believe so you would not word it that way okay it's a storm water pond okay so currently where is the water going or were they grandfathering because of Gand it it's going to that storm water Pond which is essentially being buried in the storm water Chambers so we are we have currently a storm water Pond there and we're going to replace that with this tank and will the Watershed District need to approve this then yeah they only and have they seen projects like this that they will be quite likely be okay with this so yeah they they have seen uh projects like this before Mr Mayor um the staff is at a point where they're recommending it I believe the Watershed District meets tomorrow night on on a vote and we expect it to be approved um since we've met their recommendations okay um and T the the water that's there currently was a pond that was created for Gander mountains water said so it wasn't a a storm water or it wasn't a a natural Wetland it was created to be a storm water Pond understand okay Council anything else if not then let's go ahead we've already closed the public hearing so if you want to go ahead and start top of page six with adopt somebody make that motion to adopt and a res a resolution for the planned unit development concept review on 4.69 acres and approve the first reading of the ordinance for a planned unit development District review with waivers on 4.69 acres and direct staff to prepare a development agreement incorporating staff and commission recommendations and councel conditions and authorize the issuance of an early land alteration permit for Asia mall at the request of the developer subject to the conditions outlined in the permit sir second second sir any further discussion all those in favor say I I oppose pass is unanimous congratulations on your new parking lot when do you envision starting I might ask your staff when they'll finish reviewing the permit I submitted last week quickly as possible okay yeah great excellent all right thank you congratulations um okay payment of claims is there a motion to approve the payment of claims as submitted I'll move approval of payment of claims as submitted sir second second roll call council member fryberg hi council member Nelson hi council member Tumi hi mayor case I uh Council or Mr Geto is there anything else to come before the council this evening no all right is there a motion to adjourn move to adjourn is there a second second all those in favor say I I I oppos this meeting is adjourned