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Home My WebLink AboutCity Council - 01/21/2020 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 21, 2020 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. COMMISSION WORK PLANS A. CONSERVATION COMMISSION B. FLYING CLOUD AIRPORT ADVISORY COMMISSION C. HERITAGE PRESERVATION COMMISSION Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT .) Li CONSERVATION COMMISSION 2019 Accomplishments and 2020 Work Plan � �" SOLID WASTE Commissioner 000 Anna Anderson, Chair JoAnn McGuire ENERGY Kate Lohnes, Vice Chair Jeanne DeSanctis Daniel Katzenberger Debjyoti Dwivedy =cip - Cindy Hoffman Priya Senthilkumar Aaron Poock WATER Five Student Member Abhiram Nallamalli Nile Timmerman LANDSCAPE Kiersten Orning Rohin Gurumurthy � & Mina Kim PO ` 0 : ,.... 2019 Accomplishments WASTE _.) EVENTS & OUTREACH ..,.. Chamber of Commerce Home and Minnesota State Fair Eco Experience 000 Garden Expo Booth Theme: Highlighted energy efficient ice Theme: Energy use reduction techniques arena, home energy squad buy down ENERGY & home energy squad buy-down program program, and hybrid electric utility truck .. cif _ Arbor Day/Green Fair Booth Eden �ra�ne • Eden Frame Theme: Water use reduction techniques11% n. Home Energy Squad'Buy-Gown 1 - WAT E R & smart irrigation controller giveaway a program eanrnd through pa r ' 1 Plug-in Hybrid Electric Utli tyTrucks .etbken[HPOini rnhruA aMXPer,F Op per:nl lite Cdyp[Edru Anil iv!cp miilnirnl To help rmkenla increaae!heir bane ener(ry •'��•"Ta- to redwing gmcnhou:x gas enMsiom,lhc Day •eh:tarry and save on their energy bill:.the Crly ..� - p��mhased rwpEoPP 1.1 Ilp¢1'pp barks that nr[pan Prelrly oRnrrd a beydmvn Inrenurr for =' F• '. i will be[vneaealo*dinlnbll electric Jere, two mnsecuthc pearl to reduce themstPf ,F a a'l I. A. Mahn II:rill.Th.hybridF75Cswahc used len Home army Soya?fn9vnred Ns:n.In that tlnK. - regular riry Operations melding nwwpinwng City Park Clean Up Day =: aor Ulm neaPeanernl6amspar[opasedinatare a �■ manwnan�a�,t�e!nain�naae. `� 'J-.- ::. Each vw.a e.expected in tut emsnlruu.Dan tI�F , - .exrrereaw.neenh.nredenereyeenrie..ey Ede, ._•�� ...(... -r� ; Drumm through this buy-down. 4111111r August 22IP nmluI lay one NAP while gnvny.nprv.:ng Theme: Commission 4s ...�' -Tx hpmu.Rir Inaludn lhu i WIIRIpn[IF -�`` Rrinmmnry enr!rgy.wnng rnrzsiun saoda Fgl a plr .In 2D36,P.Oethe ei[a launched an ink ehve in oll -.. 9M V� •..•_�� increalrrM furl elM1ar�tiy pliy...Okla.heel Wlbf,wwnwi slriVNNI.anda pop/amrna- members living our _*1 bk.its re 44.r. Erl:rgyeRK a pre wA,rely b aQK SY 7015 Them'drowsed Dd lV m ayn prrfe.mrd by p prMhsierW re • wills a u.1%,hreeese in fuel&Roomy with t Jevel�uac�t[pntitea eneryv sanryn Nan kw raile. !lie tiny nl 6 elei4ic hylwiel whitlp. 'Z•IA I .r_ r thers+dent. t ,. eFxleresilhe the x�ppndnupem�shlh[eau°� LANDSCAPE values •_ g i is, •the residennNhup•dewn program provides e v r a�['rra9:e}urlmureetrttpfrroffEenPnl- jA{} .nuppr.a�mrv.reydrres[n rrreror • a prolnsional horn,!rowan.,and to pngpirg euptainabifry onsets. ' OL L 1 TORS \...... 2019 AccomplishmentsSOLID WASTE JINPUT & SUPPORi .=. Climate Action Plan ~ - HO Workshop with Students 141111W. I ..�.- .,- ENERGY rt Sustainable Eden Prairie Awards e .x `� Nw., :,--Si4e r 416: lir 71 Ener Action Plan .- . v_tij44 Y . Metro-wide Environmental Commission Mtg _.! i ' .' • .--, ar ' . • lir vt, i WATERS ' _EARNING 11g4 Researched ExistingClimate Action Plans '•�� '�, ''' ii ` ,t}" , LANDSCAPE r ,, � ,, � SC E 1 & Toured Water Treatment Plant -�- ! �� , 'fir / ''" ■�-7% -. �. - O L i TORS Joint Meeting with PRNR Commission - �. ,�.� t; f0 2019 Accomplishments WASTE a HO Fostered partnerships with the following: ENERGY 1 . Metro-wide Environmental Commissions � 2. Hennepin County Climate Action Conversation "L`tl'J- 3. Xcel Energy � 4. MN Bee Squad WATER' 5. Conservation Minnesota 6. Wild Ones ill � 7. Citizen's Utility Board 8. Watershed Districts \............ 9. Alliance for Sustainability N.../ LANDSCAP 10. Aeon for Ocean y � & OL �,� ' • RS 2020 Work Plan SOLID WASTE jPVFNT 3 &OUTREACI 100 March 21 - Chamber of Commerce Home and Garden Expo April 27 - Arbor Day/Green Fair/City Park Clean Up Day ENERGY May/June - Schooner Days Parade July 4 - 4th of July Celebration* October - City-wide Open House* *focus toward zero-waste or reduced-waste events WATER UCL& TIONAL MATERIAl Cart/Kiosk at Eden Prairie Center Work with EP Center to display educational material at the mall LANDSCAPE r & SUrPO R1 J & Continue to support and implement the following: OL 1TORS Sustainable Eden Prairie, Solid Waste Management Plan, Climate Action Plan ��►� 2020 Work Plan SOLID WASTE !ARNINb Fire Station Number 2 Tour Eden Gardens Tour ENERGY Elim Shores Tour cicr Prop's Food Waste Reduction Tour Joint Meetings with Other Commissions WATER' Check in with Sustainable EP Award Winners ARTNERSHIp` Housing and Community Services LANDSCAP PROP Shop .. & Other City Commissions � ' OL RS Communications 0$A SOLID WASTE QUESTIONS ? ENERGY WATER LANDSCAPE 8� OL 1TORS / A Eden Prairie FLYING CLOUD AIRPORT City Council Workshop ADVISORY COMMISSION January 21, 2020 GENERAL GOALS ■ Advise the City Council on matters affecting the operation of the Flying Cloud Airport Changes to laws, rules, and regulations of federal and state agencies that affect the operation of the Airport and aeronautical activities within the City. Monitor the Final Agreement with MAC and advise the City Council and MAC with regard to matters affecting the operation of Flying Cloud Airport. Work with the City and MAC to reduce nighttime noise and to improve the appearance of the airport. ■ Address any other matters as the City Council may direct from time to time . 2 GENERAL ACCOMPLISHMENTS ■ We were advised on operational changes at the airport, including activity related to the 2019 NCAA Final Four tournament ■ We received updates on apparent violations of the Ordinance No. 97 weight limit, and on the MAC efforts to reduce noncompliant operations ■ We continued to engage with constituent groups, including local pilots, airport businesses, and Eden Prairie residents , who attended multiple meetings in 2019 and provided useful discussion to the Commission ■ Commission members attended open house events at the new airport viewing area to help bring engagement into the community 3 SPECIFIC GOALS FOR 2019 ■ Continue monitoring developments in law changes and regulations regarding Unmanned Aircraft Systems. The FAA implemented new regulations during 2019 requiring all UAS operators to obtain ATC authorization before operating in controlled airspace This includes the Class D airspace that covers most of Eden Prairie Licensed operators and recreational flyers may obtain authorization through LAANC-connected mobile apps ■ Visit Flying Cloud Airport to meet with airport staff and Fixed Base Operators to learn of their concerns and ideas about activities at the airport 2019 visit was delayed due to turnover at the MAC and on the FCAAC. Next visit is scheduled for April 2020. ■ Provide City Council with annual comparisons - month and year to prior month and year - of the number of operations and noise complaints. A summary of operations and noise complaints is included in this packet. 4 SPECIFIC GOALS FOR 2020 ■ Engage with MAC as they develop the Reliever Airport Visioning Study ■ Continue monitoring developments in law changes and regulations regarding Unmanned Aircraft Systems . ■ Monitor developments in federal noise regulations and measurement methods, expected from the FAA later this year ■ Visit Flying Cloud Airport to meet with airport staff and Fixed Base Operators to learn of their concerns and ideas about activities at the airport ■ Provide City Council with annual comparisons - month and year to prior month and year - of the number of operations and noise complaints. ■ Other topics as directed by the Council 5 2019 OPERATIONS SUMMARY ■ Airport operations1 increased to 102 ,480 (+ 15.8%) on large year-over-year increases in flight training operations Local VFR flights increased to 46,418 (+30.4%) Itinerant VFR flights increased to 32,276 (+9.1%) IFR operations increased to 23,788 (+2.0%) First year of 100,000+ operations since 2011 39% increase since 2014 Flying Cloud is the 2nd busiest towered airport in MN , and is by far the busiest MAC reliever airport ■ FBO fuel flowage2 increased by 3% vs 2018 Consistent year-over-year increased in jet fuel and avgas 3,116,334 gallons dispensed in 12 months ending 11/30/2018 1FAA tower counts; 12-month periods ending 11/30/2018 and 11/30/2019 2MAC data; 12-month periods ending 11/30/2018 and 11/30/2019.Totals for Aug-Nov 2019 are estimated. 6 2019 NOISE COMPLAINT SUMMARY ■ 4624 total noise complaints in 2019 Increase of 27% over 2018 (3644 complaints) ■ Largest share of year-over-year increases were observed June-August ■ 37% of total complaints between 6 AM and 11 AM ■ 1203 nighttime noise complaints in 2019 21% increase from 2018 (991 nighttime complaints) ■ Year-over-year increase in households filing complaints 2019: 94 locations (81 in Eden Prairie); monthly average of 26 58 locations filed more than one complaint Four locations filed 75% of total complaints 2018: 75 locations (58 in Eden Prairie); monthly average of 21 2017: 69 locations (58 in Eden Prairie); monthly average of 21 ■ Geographic distribution of noise complaints mainly along extended parallel runway centerlines, up to 1. 75 miles east and west of the airport 7 2019 EDEN PRAIRIE COMPLAINT MAP _ , . • . Typical fixed wing VFR traffic patterns G,:=. -y. — • Each yellow d o t represents a (east/west flow) : _ 4_� , a p r :r� - --.. location filing _ •. ,/, . vt-'- ■,. 44�', ,) one or more :: . . 0 s ' noise Rwy 1OR Instrument _}',, ,'+ / complaints in Arrivals F x -) - 2019 y., Q i } 81 Eden Prairie } V ' `' households filed ., 0 o noise complaints • 0 0 in 2019 0 ° .�. ` a h 13 additional M a = 1 ° Rwy 28L locations not r ° t -,� °° ° ~ " " 1116f1 c' °° a ° 0 Instrument shown on this 0 ao °• ° Arrivals map p . 0 e, . 008° Typical Rwy28L/R IFR 0 --"1:11_,./ .. r 0 �` -5,'; • Highest Departures a concentration -- -s �/ `' a of complaints 10 F .,: , 0. within 1.75 • j miles east and ' - west of airport * . ' along extended � _ 13 rhM Typical RwylOL/R _ runway ', '13 '• Pr. IFR Departures w centerlines r� I f ,I^ ' Data Source:Metropolitan Airports Commission,Community Relations Office _ il_ .^i_ ter` , 3I`.; ,, : THANK YOU I • '41111r110111 • •• •- - - • • • 9 Credit:Keith Tschohl,2012 ADDITIONAL DATA AND Operations and Noise CHARTS Complaints 10 NOISE COMPLAINTS - MONTHLY TREND FCM Noise Complaints, 2014-2019 800 700 - 600 500 c 4/ l/44* a 400E Ifli till11011 —. AII&lIl INW' C.) —M 200 100 0 January February March April May June July August September October November December 2014 2015 2016 2017 2018 2019 11 Data source:Metropolitan Airports Commission,Community Relations Office NOISE COMPLAINTS - HOURLY TREND FCM Hourly Noise Complaints 500 450 — 400 350 U) c 300 Z. - E250 _ U - II 0200 1- 150 - 100 50 ` 0 - 0:00 6:00 12:00 18:00 0:00 Time of Day —2019 12 Data source:Metropolitan Airports Commission,Community Relations Office NOISE COMPLAINTS - LOCATION TREND FCM Households, 2014-2019 40 35 30 N 25 tl I ' `, to 13 ) ' y 20 ��0 15 - � / —81P--- 41111if 1041 5 — — 0 — , January February March April May June July August September October November December 2014 2015 2016 2017 2018 2019 13 Data source:Metropolitan Airports Commission,Community Relations Office ANNUAL OPERATIONS , 1990 -2019 FCM Airport Operations 1990-2019 300,000 00 M O O M O 250,000 N to N M 0 o N O r� c 0)-1 0-1 N O' CS] CO M N N T-1 r-1 ,i 00 CM O 00 N 00 N N N O 00 Ln 0) 0) N 0 Ln cc; T-1 r 1 0' CO Ln Tr 200,00000 00 a0 00 O r-1 vi r1 00 N 00 0 Lj Ln r-I m iiiiiiiiiiiiIlIIi r- M o Tr 0150,000 d�rr Lio r; cC c McNi 00 ty,M CN9 O 100,000 Hiiiiiiiiillifimilloor: r2‘., 50,000 0 I , I , I , c5O �y 4� �� °` 0 0' c� c69' cP11///, , ocb Oc) yO tYN'(O 9O 9O (O 9O rO (O 9O 9O 9O IO 9O IFR Itinerant VFR Itinerant Local 14 Source:FAA Air Traffic Activity System(ATADS) MONTHLY OPERATIONS FCM Airport Operations (2014-2019) 13000 12000 11000 N...c 10000AIIIIIII 1 9000 l �\ 'u) 8000 Alir - o isi 7000 N 01/46.. \116,„ c 6000 EL a 500007 -.4 0 i— I 4000 3000 2000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec +2014 f2015 2016 2017 2018 2019 15 Source:FAA Air Traffic Activity System(ATADS) MONTHLY IFR OPERATIONS FCM Airport IFR Operations (2014-2019) 2800 2600 \ 2400 I NCAA1 c 2200 2000o NIIIIII: I 5852 1800A , -...L Nk q) o o r c 1600 ..- \illimb— \111111111%".-.. a "")11.1".'"'"Illi. � o m 1400 1200 1000 — — 800 • — Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t2014 f 2015 2016 -2017 2018 2019 16 Source:FAA Air Traffic Activity System(ATADS) TOTAL FUEL FLOWAGE FCM Fuel Flowage, 2013-2019 y 3,500 = a N = O H 3,000 2,500 a) c 2,000 a U, 0 N c 1,500 To 1,000 500 0 2013 2014 2015 2016 2017 2018 2019 ■Jet-A ■Avgas 17 Source:Metropolitan Airports Commission Annual totals represent 12 months ending November 30. Totals for Aug-Nov 2019 are estimated. MONTHLY JET FUEL FLOWAGE SB52 FCM Fuel Flowage: Jet-A 291933 280000 276073 268626 - NCAA 255676 255554 240000 236437 233304 234770 210247 2 '928 ■2015 I to c 200000 ■2016 o T ''072 2017 gi I ' 2018 160000 2019 r 120000 80000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 18 Source:Metropolitan Airports Commission REGIONAL TOWERED AIRPORT OPERATIONS 2019 Facility Name City State IFR Itinerant VFR Itinerant Local Total Operations MSP* Minneapolis/St Paul Intl Minneapolis MN 404,485 515 0 405,000 GFK Grand Forks Intl Grand Forks ND 37,911 83,467 173,215 294,593 GFKI r_ MKE Gen Mitchell Intl Milwaukee WI 102,692 3,367 334 106,393 FAR FCM* Flying Cloud Eden Prairie MN 23,788 32,276 46,416 102,480 . FAR Hector Intl Fargo ND 47,540 11,710 22,891 82,141 ANE 11 MSN Dane County Regional Madison WI 51,834 17,671 11,833 81,338 FCM MSPTP ANE* Anoka County-Blaine Blaine MN 11,878 23,626 36,249 71,753 DSM Des Moines Intl Des Moines IA 58,239 7,407 5,127 70,773 MSN MKE ENW Kenosha Regional Kenosha WI 6,663 25,390 36,350 68,403 DSM FSD Joe Foss Field Sioux Falls SD 51,362 8,798 6,889 67,049 DBQ Dubuque Regional Dubuque IA 7,992 19,375 35,396 62,763 DLH Duluth Intl Duluth MN 22,085 14,249 22,725 59,059 OSH Witmann Regional Oshkosh WI 5,294 20,328 33,388 59,010 JVL Southern Wisconsin Regional Janesville WI 7,432 20,682 26,838 54,952 CID Eastern Iowa Cedar Rapids IA 31,884 7,750 12,174 51,808 RST Rochester Intl Rochester MN 23,774 8,090 16,675 48,539 GRB Austin Straubel Intl Green Bay WI 26,507 8,837 9,594 44,938 UES Waukesha County Waukesha WI 8,443 19,073 16,903 44,419 RAP Rapid City Regional Rapid City SD 21,711 10,840 9,199 41,750 MIC* Crystal Crystal MN 3,355 18,628 19,541 41,524 STP* St.Paul Downtown St.Paul MN 20,975 11,778 7,855 40,608 ATW Appleton International Appleton WI 22,536 8,524 6,623 37,683 BIS Bismarck Municipal Bismarck ND 22,655 8,435 5,341 36,431 MOT Minot Intl Minot ND 11,533 5,220 16,642 33,395 MWC Timmerman Milwaukee WI 2,522 10,552 17,734 30,808 STC St.Cloud Regional St.Cloud MN 4,072 11,027 13,815 28,914 LSE La Crosse Regional La Crosse WI 7,594 7,292 5,173 20,059 ALO Waterloo Regional Waterloo IA 5,816 6,836 7,252 19,904 Source:FAA Air Traffic Activity System(ATADS) EAU Chippewa Valley Regional Eau Claire WI 7,687 8,198 3,859 19,744 Data for twelve months ending 11/30/2019 SUX Sioux Gateway Sioux City IA 9,897 4,599 3,981 18,477 19 CWA Central Wisconsin Mosinee WI 9,500 2,271 1,585 13,356 *MAC-owned airport FAA DEFINITIONS ■ Local operations: Operations performed by aircraft which : Operate in the local traffic pattern or within sight of the airport; Are known to be departing for, or arriving from flight in local practice areas located within a 20-mile radius of the airport; or Execute simulated instrument approaches or low passes at the airport. ■ Itinerant operations: All aircraft operations other than local operations ■ Instrument flight rules (IFR): Rules governing the procedures for conducting flight under instrument meteorological conditions (IMC) instrument flight. ■ Visual flight rules (VFR): Rules that govern the procedures for conducting flight under visual conditions. Source:14 CFR§170.3(1/12/2017) 20 r , '-i, icji -, __ '- %q 9 " - OP HERITAGE PRESERVATION fr V, sx _ COMMISSION 6,--4._." - 2019 Annual Report and 2020 Work Plan ' City Council Workshop January 21, 2020 r t4 it r 0 . r 'fir: �'- ---g 9f - ,-,,:mi N.._ _...,- - ___ - J 1, yIISSION STATEMENT , — G.-4..,_n , , . "` The Heritage Preservation Commission ' HP ) is the Gty c steward of H den Prairie 's enduring and recognised preservation policies. The programs and strategies focus not only on preservation, but also on education, "� public use and enjoyment of our heritage sites. 6"a � r rQ s9 ' r refi N._ _....""t) ("G., 4%4 *.J 'Th -__*, ---,,_ HPC MEMBERS ,- (7-4_, lir ❖ Steve Olson, Chair Student Members: sx ❖ Tara Kalar, Vice Chair ❖ Maia Chavez ❖ Paul Thorp ❖ Filyse Ferlauto ❖ Pamela Spera + Lilly Hyland ❖ Valerie Ross ❖ Aditya Nandhiyar ❖ Shanti Shah + Cheryl Kessler r t49 ❖ David Lindahl, Interim Staff Liaison Q0 r ip+4 ' t'i g' ' 9f S , ^� r ^ .L, �: 2019 GRANT ACTIVITY c = (7-ni\p — / It fr it s + Awarded Certified Local Government Scholarship ($432.00) for annual preservation conference for one HPC member + Applied (unsuccessfully) for a State Cultural Heritage Grant for Cummins Grill upper-level renovations ($105,000) Q 50 - or J -q. 9f - , , ....._ _.... ,_. ._,. N..._ _..... . 2019 STREET SIGN FUNDRAISER c - (:--,\ / It 4, at 1 Sin sales totaled $4,983 in 2019 for grand total of g � � $31 ,660 to date. Proceeds to be used for preservation prof ect(s). iiii.."1"11..: _a_.,. ..........,.,.......nri4LAXES P K ' '11 ■ Q�F T • � - CANDLE i I Il i Vt. ,,, -________ ------- ----- .. 40, .-4>czar z ,t. . "- ,..., .r. -f„s) iip,,,. b,4 r 44 ,.....q.: 4 9 2019 PRESERVATION AWARD v, 6s.-4,_, -iv xt Eden Prairie Historic Preservation Award Recipient s Kathie Case .,r , .. , , , -,. , . .. , . . f_ \ i'q 9 „ ilk jx- x t7 V' is i `? r ,pp+, w ) L i '-. %q ' 9 f , , -....._ _...... N.._ .,_., 2019 HPC PROJECTS , 60-4,_, , , ,, t Certificate of Appropriateness (COA) s Glen Lake Children's Camp ^� tilli a, q.... . . oni -____ 2019 HPC PROJECTS , 6A-4,_, ,.... iir .-� Completed Local Heritage Preservation Designation of s the Yorkville and Bloomington Road •-945 Aerial-Eden Prairie,MN .4 _t • - S1re.viewI... -� • - =i] .,} -.: xoi8Aena - •en 'rains, • -. . 4 '-' //�� • � l `yam •-�'" York�.iU gto Ile Road ��'3"�-1��. ~• - -- Y1"'Itsam'.; r_. -re ..c , t- • • -. 'I.'s.`41P ..-:.v .., e'Y:;_et.r.--;;•:';-; - -i-K ' � r Y,-i.; -- -- \ 1 4 ! f=_ Y t `C:•yT .c4.r wirhi • y....._ .: \ ! • - Cpi0ir'.elim Aeon iiii iiii s . . A ix~ it'•. e lw S RN _ .2P "` - .- Cl.: y 3i Ark -...... 00 * ti IP II ) L. - N,.._ __IF "•,..._ _ .,_..„ 3 201 9 HPC PROJECTS - At •••• Committed to designing Interpretive Panel about 1 historic RR Depot for City Water Reservoir site. . . _ •-;(71.,„..,1.?„.,,,,,,-1„:L_0-tv4111— wwir . i . .. • I . .. •-1 , . ...1, ' 'y- 4 , ."_:.• P ' . .• ,•::...,. .„H..,,..„.4 iiii . . ,.. ._. . . Interpretive PaneE •_---- 7 - II. - : . .;* "I 1 II 1 S IN -. '--:.''' 4 :'.•-• •Ir' ._ . '' •16.4;-.."' ,' Mil 1?.1 .. , 1 ... .. C - • ,•' . . , • - , .,amigigigwww-A ,,_.-. z.i.,,,,,T,044._., , tt9•41, r 44 40, Q..... laAIL4 Jf." 0 ip It ) -, q, 9 , L. i . __ _. ' 2019 HPC PROJECTS v, 6A-4, ,v a tr ❖ Reprinted Daniel Hoisington Eden Prairie Heritage s Book -tA IN Ar HERITAGE Prcrc, irr'Erica Pmiric's Pas[ '� r 41 ,r :r ;1 C Q A ‘ 1. r 44 ■ 1 F• %q, k+it 9 f 2019 HPC PROJECTS fr At ❖ Enhanced HPC Website and changed map photos. ❖ Attended Fall Harvest Celebration ❖ Attended Peoplefest Celebration ❖ Photo inventory of old service station at 7960 Eden Prairie Rd. (,Moran/Gunnar Electric Property) prior to ‘ 1. razing for redevelopment of Sheldon Place Townhomes. 0 y 4 V I 4 J -Q 9 : — L ......_ __id.,, , ,. , ---, 2020 WORK PLAN �c _ C,� ',, a't ❖ Collaborate with City & Facilities Division to complete work on upstairs of Cummins Grill House + Complete preservation/vegetation plan for the historic Yorkville and Bloomington Road Continue vetting solutions for Flying Red Horse sign t Q ‘ restoration and location F 44 .. 4>Q 0 ,G. 4,, E Ns) ---Q ‘ 9f - 2020 WORK PLAN 'I' - G,� -. i'` ❖ Design Interpretive Panel celebrating historic RR 'x Depot for new Water Reservoir Pump House site ❖ Collaborate with Historical Society and City's IT staff to present oral histories on the City web site + Coordinate Heritage Preservation Award c. presentation at Council meeting A ‘9VI. r 44 4k .. 0,Qt. 4, ,�. Ns) i ii/L4 6 0 +4 r - r EA 141464*.-- _......0rt tiro itvro) IJ /Th QUESTIONS / COMMENTS It' -it art ,'4 n r '4 r 0 _. AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 21, 2020 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. ACCEPT DONATION OF $1,000 FROM EDEN PRAIRIE LIONS CLUB FOR OUTDOOR CENTER(Resolution) B. ACCEPT DONATION OF $250 FROM SENIORS HELPING SENIORS FOR GOLF CLASSIC (Resolution) C. DR. MARTIN LUTHER KING, JR. PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 7, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 7, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 10197 EDEN PRAIRIE ROAD by Perry Ryan. Second Reading of an Ordinance for Zoning District Change from Rural to R1-44 on 1.5 acres (Ordinance for Zoning District Change) CITY COUNCIL AGENDA January 21, 2020 Page 2 C. AMENDED AND RESTATED DEVELOPMENT AGREEMENT First Amendment to Access Easement and Maintenance Agreement; First Amendment to Encroachment Agreement for private use of public property for Smith Village D. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION E. ADOPT RESOLUTION APPROVING MNDOT COOPERATIVE CONSTRUCTION AGREEMENT FOR TRAFFIC MANAGEMENT SYSTEM AND SIGNAL OPTIMIZATION PROJECT F. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR PRESIDENTIAL NOMINATION PRIMARY G. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS IX. PUBLIC HEARINGS/MEETINGS A. CENTRAL MIDDLE SCHOOL ADDITIONS AND REMODEL 2020 by Eden Prairie Public Schools. Resolution for PUD Concept Review on 57.4 acres; First Reading of an Ordinance for PUD District Amendment with waivers and Zoning District Change from Industrial, Rural and R1-22 to Public on 57.4 acres; Resolution for Preliminary Plat on 57.4 acres (Ordinance for PUD District Amendment and Zoning Change; Resolution for PUD Concepts; Resolution for Preliminary Plat) B. CODE AMENDMENT FOR R1-9.5 SIDE YARD SETBACKS by City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 11 relating to side yard setbacks in the R1-9.5 Zoning District(Ordinance) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA January 21, 2020 Page 3 D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: January 17, 2020 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, January 21, 2020 TUESDAY,JANUARY 21, 2020 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $1,000 FROM EDEN PRAIRIE LIONS CLUB FOR OUTDOOR CENTER(Resolution) Synopsis: The Staring Lake Outdoor Center offers a wide range of classes, workshops, trips and activities in the areas of outdoor recreation and environmental education. This donation will go towards purchasing items to support these programs. MOTION: Move to adopt the Resolution accepting the donation of $1,000 from Eden Prairie Lions Club for the Staring Lake Outdoor Center programs. B. ACCEPT DONATION OF $250 FROM SENIORS HELPING SENIORS FOR GOLF CLASSIC (Resolution) Synopsis: The Eden Prairie Senior Center offers a wide range of classes, trips and activities for the interest of adults of all ages. ANNOTATED AGENDA January 21, 2020 Page 2 This donation will help to keep the registration prices low and affordable for all to participate along with providing a great experience and prizes. MOTION: Move to adopt the Resolution accepting the donation of $250 from Seniors Helping Seniors for the Senior Center Golf Classic. C. DR. MARTIN LUTHER KING, JR. PROCLAMATION Synopsis: This proclamation will declare 2020 as a year to celebrate human rights and diversity. It asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. Acting Mayor Aho will read the proclamation and Katherine Lucht, Human Rights and Diversity Commissioner, will be on-hand to announce the opening of the application process for the Human Rights Awards. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 7, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 7, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-G on the Consent Calendar. A. CLERK'S LICENSE LIST B. 10197 EDEN PRAIRIE ROAD by Perry Ryan. Second Reading of an Ordinance for Zoning District Change from Rural to R1-44 on 1.5 acres (Ordinance for Zoning District Change) C. AMENDED AND RESTATED DEVELOPMENT AGREEMENT First Amendment to Access Easement and Maintenance Agreement; First Amendment to Encroachment Agreement for private use of public property for Smith Village D. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY ANNOTATED AGENDA January 21, 2020 Page 3 CODE CHAPTER 5, RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION E. ADOPT RESOLUTION APPROVING MNDOT COOPERATIVE CONSTRUCTION AGREEMENT FOR TRAFFIC MANAGEMENT SYSTEM AND SIGNAL OPTIMIZATION PROJECT F. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR PRESIDENTIAL NOMINATION PRIMARY G. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS IX. PUBLIC HEARINGS/MEETINGS A. CENTRAL MIDDLE SCHOOL ADDITIONS AND REMODEL 2020 by Eden Prairie Public Schools. Resolution for PUD Concept Review on 57.4 acres; First Reading of an Ordinance for PUD District Amendment with waivers and Zoning District Change from Industrial, Rural and R1-22 to Public on 57.4 acres; Resolution for Preliminary Plat on 57.4 acres (Ordinance for PUD District Amendment and Zoning Change; Resolution for PUD Concepts; Resolution for Preliminary Plat) Synopsis: The applicant is requesting approval to remodel and construct several additions at the Central Middle School. The property is located at 8025 School Road behind the School District's Administrative Services Center. The school district owns 57.4 acres, which includes the Administrative Services Center, the middle school, and outdoor athletic facilities. The applicant is proposing approximately 82,000 square feet of additions and 50,000 square feet of remodeling. The project includes the following additions to the school: theater, gymnasium, cafeteria and classrooms. The project will also include the expansion and reconstruction of the main entrance to the school on the west side of the school and a number of site improvements and changes to the bus drop off area, the parking lot on the west side of the school and the area where parents drop students off. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 57.4 acres • Approve the Pt Reading of the Ordinance for a Planned Unit Development District Review with waivers and a Zoning District Change from Industrial, Rural and R1-22 to Public on 57.4 acres • Preliminary Plat to combine multiple parcels into 1 lot on 57.4 acres. ANNOTATED AGENDA January 21, 2020 Page 4 • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions B. CODE AMENDMENT FOR R1-9.5 SIDE YARD SETBACKS by City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 11 relating to side yard setbacks in the R1-9.5 Zoning District(Ordinance) Synopsis: The R1-9.5 zoning district established in 1982 allows for small lot subdivisions. This small lot single family-zoning district requires a minimum lot size of 9,500 square feet and minimum side yard setback requirements utilizing language that effectively requires a minimum one side yard setback of 5' and total 15' both sides. The existing language regarding side yard setback is cumbersome and open to interpretation regarding how to apply the setback requirements. The proposed code amendment clarifies City expectations, does not create non- conformities on existing R1-9.5 properties, allows for flexibility, and is consistent with recent Planned Unit Development waiver requests. The goal of the code amendment to R1-9.5 side yard setbacks is to: • Clearly state the minimum side yard setbacks in R1-9.5 district and to be consistent with the chart display of side yard setbacks in the R1-44, R1-22 and R1-13.5 zoning districts chart. • Delete language in Section 11.03, Subdivision 2., A., 8 that can be interpretive in regard to minimum side yard setback being garage side 5' and house side 10'. MOTION: Move to: • Close the Public Hearing; and • Approve the Ordinance to Amend City Code Chapter 11, Section 11.03, Subd. 2. A. 8. and Subd. 2. B. within the R1-9.5 zoning district regarding the minimum side yard setback. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS ANNOTATED AGENDA January 21, 2020 Page 5 B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation from Eden Prairie Lions for Staring IV.A. Parks and Recreation Lake Outdoor Center programs Requested Action Move to: Adopt Resolution accepting the donation of$1,000 from Eden Prairie Lions Club for the Staring Lake Outdoor Center programs. Synopsis The Staring Lake Outdoor Center offers a wide range of classes, workshops, trips and activities in the areas of outdoor recreation and environmental education. This donation will go towards purchasing items to support these programs. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $1,000 to be used for Staring Lake Outdoor Center programs from the Eden Prairie Lions hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 21st day of January, 2020. Brad Aho, Acting Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation from Seniors Helping Seniors for IV.B. Parks and Recreation Senior Center Golf Classic Requested Action Move to: Adopt Resolution accepting the donation of$250 from Seniors Helping Seniors for the Senior Center Golf Classic. Synopsis The Eden Prairie Senior Center offers a wide range of classes, trips and activities for the interest of adults of all ages. This donation will help to keep the registration prices low and affordable for all to participate along with providing a great experience and prizes. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$250 to be used for the Senior Center Golf Classic from the Seniors Helping Seniors hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 21'day of January, 2020. Brad Aho, Acting Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations January 2l, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Housing and Community MLK Proclamation IV.C. Services Requested Action No formal action requested. Acting Mayor Aho will read the proclamation and Katherine Lucht, Human Rights and Diversity Commissioner, will be on-hand to announce the opening of the application process for the Human Rights Awards. Synopsis This proclamation will declare 2020 as a year to celebrate human rights and diversity. It asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. Attachment Proclamation PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights & Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non- violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2020 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. Brad Aho, Acting Mayor City of Eden Prairie UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 7, 2020 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie O'Connor GUESTS: Senator Cwodzinski, Senator Franzen, Representative Kotyza-Witthuhn, and Representative Elkins Workshop-Heritage Rooms I and II(5:30) I. EDEN PRAIRIE STATE DELEGATION WITH SENATOR CWODZINSKI, SENATOR FRANZEN, REPRESENTATIVE KOTYZA-WITTHUHN, REPRESENTATIVE ELKINS Mayor Case introduced the elected State Representatives. City Manager Getschow introduced the 2020 Municipal Legislative Commission(MLC)priorities. Getschow stated MLC determines the most relevant topics. Of those topics, those impacting Eden Prairie most are affordable housing, transportation, and building permit fees. The Council created a Housing Task Force to discuss this topic. It is a critical issue due to funding, availability, and the needs of residents. There may be some flexibility with tax increment financing (TIF) rules, funding, and inclusionary housing. Transportation funding has been vital for suburban communities. Additionally, there have been some reports on City building permit fees and claims of cities over collecting. There is a lot of misinformation about the amount and types of fees collected. Almost all MLC cities utilize fees for planning, inspections, and engineering departments. Tom Poul, attorney with Messerli and Kramer,provides government relations for MLC. He announced the MLC regional breakfast meeting where more in-depth information will be provided. Poul stated development will likely be a big issue this year. Trade groups are creating public relations campaigns about building permit fees to show increased fees from cities to building homes. MLC will be doing work to educate policy-makers on fees. Case stated the City is ranked as one of the top five cities in the State for tax base and jobs. In regards to the salary cap, it is difficult to keep talent in Minnesota with salary limitations. Additionally, another priority would be to make sure light rail transit(LRT) is completed by 2023. City Council Workshop Minutes January 7, 2020 Page 2 Elkins, Vice Chair of the Local Government Committee, stated both cities and builders have legitimate grievances. The issue larger than fees is zoning restrictions. A bill would allow cities to charge impact fees to cover the cost of new development and road construction. Reasonable impact fees that are cost-based are necessary. Cities will need to consider zoning reform to allow developers to build less one-off planned unit development(PUD) builds. Franzen, on the Transportation Committee, stated a commuter rail organization hosted a meeting about proposed plans for funding and MnDOT preliminary funding for passenger rail lines. These specific areas would be beneficial because of T.H. 169. She inquired how the City aligns with the League of Minnesota Cities (LMC) seeking street improvement district authority. Additionally, it is a bonding year, a policy session, and an election year so some priorities may not happen. She is also working on identification laws for United States territory residents from Puerto Rico regarding purchasing alcohol. Cwodzinski, on Environment, Education, and Veterans Committees, stated Eden Prairie is 600 jobs shy of the population total, and with LRT the City has an opportunity to increase jobs. A law was passed for early voting grants. Getschow noted the City has applied for these helpful grants,but it does not cover full time employees working more on elections. Cwodzinski stated additional topics of interest are gas tax, affordable housing, red flag laws, and recreational marijuana. Also a topic he considers an issue is less interest and market value in large homes by younger populations. Kotyza-Witthuhn is Vice Chair of Early Childhood, on Commerce and Education Finance Committees. She stated early childhood did not get funded to its full potential to assist with scholarships, affordable childcare, and affordable housing. She agrees owners of large houses may face issues with resale. Eden Prairie has a lot to offer, especially to young families, so these impacts may be less noticeable here. She is also excited about the potential of Tobacco 21 statewide. Additionally, reverse mortgage legislation is being considered to continue to educate those nearing retirement age. Case inquired of Franzen what is anticipated with the bonding bill. Franzen stated there will be a bonding bill but she is unsure what size. In an election year, typically transportation projects are specified in the bonding bill. She has been advocating for the projects in her district. The training facilities, south metro and Hennepin County, will potentially be competing for funding. Council Member Aho stated, in regards to Cwodzinski's earlier statement, the underlying issue behind gas tax is how to fund transportation and infrastructure. A gas tax will be a declining revenue stream with the future of electric vehicles. The state should consider a sustainable model distributed fairly statewide such as a user fee. One community in Oregon has begun this process. The user fee could be a flat fee based on the type of vehicle or a device that tracks miles of vehicles. Kotyza-Witthuhn noted some of the arguments against the tax per miles driven are those who live in greater Minnesota with a longer commute. Aho added they are using more roadway miles. Aho stated there have been some funding changes from the Metropolitan Council for opt- outs such as SouthWest Transit. 96.4 percent of the funds go to Metropolitan Transit City Council Workshop Minutes January 7, 2020 Page 3 Commission and the remaining goes to the opt-outs. Prime MD is an important service for those without access to transportation for medical appointments. Healthcare systems will see the value in the service when appointment attendance increases. He serves on the I-494 Policy Advisory Committee. There will be an additional managed lane added to I-494 each way. There are funding gaps for project water runoff. Additionally, Transit Management Organizations (TMOs) need a sustainable funding model. Elkins stated they are optimistic the 494 Corridor Commission will be funded. He is in agreement, gas tax should be considered a user fee and a public utility. 55 percent of gas taxes are raised in the metro area, and 65 percent of gas taxes are spent in greater Minnesota. MnDOT and the University of Minnesota Center for Transportation Studies are actively participating in nationwide studies related to mileage-based user fees. The big objection has been data privacy. The State data practices act will be amended to discourage cities from keeping data from companies with exact addresses. Council Member Nelson stated in greater Minnesota there is less access to internet, so miles traveled tends to be greater with less availability for remote access jobs. Additionally, a franchise fee could be an option for collecting funds to improve roadways. Council Member Narayanan stated there is interest in assisting cities to transition to electric vehicles. Other topics to consider for assistance to cities are cyber security for government entities and affordable housing. Cwodzinski inquired how to assist with affordable housing. Case stated it will require some kind of government money and assistance to incentivize private developers. Aho stated a private company in Austin, Texas is developing affordable housing through private donors. Kotyza-Witthuhn added United Health Group has implemented something similar in Wisconsin. Case noted they are pilot endeavors,but everyone needs to be making efforts. Higher paying jobs decreases the need for as much affordable housing. Aho stated there is specifically a need for skilled labor. Elkins stated most affordable housing is being built with federal low income tax credits. Companies buying these tax credits are assisting. Franzen noted this is the first bonding session for the Governor, and he is excited about affordable housing. Franzen noted the cyber security topic is important and Microsoft could be an asset. Elkins added the governor has a blue ribbon subcommittee on cyber security. Nelson stated, in regards to housing, there specifically is a need for housing for young families and seniors. Aho noted a study he read about cost of building in Minnesota being greater than nearby states. Case noted he would be interested to read those statistics. Cwodzinski noted Eden Prairie may be less impacted by the lack of interest in larger homes. Getschow noted the City has begun discussing the possibility of this issue. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. SCOT ADAMS—ELECTRIC VEHICLE CHARGING STATIONS City Council Workshop Minutes January 7, 2020 Page 4 Rod Fischer, 16820 South Shore Lane, stated he is a recent owner of a plug-in hybrid, and it has made him aware of businesses supporting electric vehicles, an important goal for future sustainability initiatives. He appreciates the City's push towards electric, but he would like to see electric vehicle charging stations be a part of City code for developments. Electric vehicle owners have range anxiety and dealerships have difficulty selling electric vehicles for this reason. Scot Adams, 7169 Arbor Glen Drive, stated the City could move more quickly with adding charging stations. City of St. Louis Park created an ordinance requiring all new and existing developments to install electric charging stations unless there are less than 14 parking spaces. Council Member Freiberg inquired if the required charging stations are to be free. Adams replied the electricity costs are minor but the ordinance does not specify cost. Case would recommend the Planning and Conservation Commission review this topic. In theory, gas stations will no longer be necessary in the future and could potentially be an electric charge station. Adams noted the mall would be an ideal locations due to the amount of time people spend in the facility. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 7, 2020 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Mayor Case introduced City Attorney Maggie Neuville. He commented, after decades with our previous City Attorney Ric Rosow, we are excited to have Ms Neuville serve as our City Attorney. IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $150 FROM FLYING CLOUD ANIMAL HOSPITAL FOR STARING LAKE OUTDOOR CENTER'S ANIMAL OPEN HOUSE (Resolution No. 2020-01) Lotthammer reported we have received a$150 donation from the Flying Cloud Animal Hospital to be used for the Animal Open House at the Staring Lake Outdoor Center in the spring. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2020-01 accepting the donation of$150 from Flying Cloud Animal Hospital for the Staring Lake Outdoor Center's Animal Open House. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Narayanan, to approve the agenda as published. Motion carried 5-0. CITY COUNCIL MINUTES January 7, 2020 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 3, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 3, 2019 MOTION: Narayanan moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, December 3, 2019, and the City Council meeting held Tuesday, December 3, 2019, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. COSTCO FUEL FACILITY EXPANSION by Barghausen Consulting Engineers, Inc. Second reading of Ordinance for PUD District Amendment with waivers on 18.18 acres; Resolution for Site Plan Review on 18.18 acres. (Ordinance No. 1-2020-PUD-1-2020 for PUD District Amendment; Resolution No. 2020-02 for Site Plan) C. ADOPT RESOLUTION NO. 2020-03 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2020 D. ADOPT RESOLUTION NO. 2020-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS E. ADOPT RESOLUTION NO. 2020-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE F. ADOPT RESOLUTION NO. 2020-06 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS G. ADOPT RESOLUTION 2020-07 DESIGNATING DEPOSITORIES H. ADOPT RESOLUTION 2020-08 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS I. ADOPT RESOLUTION NO. 2020-09 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL J. APPROVE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2020 CITY COUNCIL MINUTES January 7, 2020 Page 3 K. RATIFY RESOLUTION NO. 2019-131 APPROVING THE SUPPORT OF A JOB CREATION FUND APPLICATION IN CONNECTION WITH DDL CORPORATION L. AWARD CONTRACT TO NAC MECHANICAL AND ELECTRICAL SERVICES FOR CITY CENTER CHILLER REPLACEMENT M. DECLARE FURNITURE OBSOLETE N. AUTHORIZE LOGIS TO REPLACE SWITCHES AT EDEN PRAIRIE COMMUNITY CENTER O. REJECT BIDS FOR CITY CENTER EAST FLUID COOLER REPLACEMENT P. APPROVE PURCHASE OF MOBILE COMPUTERS, DOCKS,AND MOUNTS FOR POLICE SQUAD CARS THROUGH HP INC. Q. AUTHORIZE COOPERATIVE SERVICES AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOR DEER MANAGEMENT SERVICES R. AUTHORIZE CHANGE ORDERS FOR STARING LAKE BUILDING PROJECT S. ADOPT RESOLUTION NO. 2020-10 RECEIVING AND DECLARING PUBLIC RIGHT OF WAY ON WEST 70M STREET T. APPROVE POND 05-11-A DREDGING COST PARTICIPATION AND MAINTENANCE AGREEMENT WITH HENNEPIN COUNTY Freiberg asked for more information about Item VIII.Q. Lotthammer explained we have a contract with the USDA this year to collect up to 100 deer to take to processing plants. The processed deer are then used at food shelves. He noted this is our third year working with the USDA on this project. We contract with the Three Rivers Park District to do aerial surveys of the deer population to determine where the populations are concentrated. Freiberg asked about the deer population census. Lotthammer said they use aerial photos where they may see scattered areas of population. On an annual basis, there are 200-350 deer counted in the City, and that count determines how long the USDA will do the harvesting. Freiberg asked about the cost of the contract. Aho replied it was not to exceed $25,000. Case commented since 1993 we have a history of controlling the deer population in Eden Prairie, so the quantities are based on research over a period of 30 years to determine a sustainable number of deer. CITY COUNCIL MINUTES January 7, 2020 Page 4 MOTION: Aho moved, seconded by Narayanan, to approve Items A-T on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. TARGET REMODEL by Kimley-Horn and Associates, Inc. Resolution 2020-11 for PUD Concept Review on 10.6 acres; First reading of an ordinance for PUD District amendment with waivers on 10.6 acres (Ordinance for PUD District Amendment; Resolution for PUD Concept) Getschow said the applicant is requesting approval to update the three exterior façades and perform site improvements. The property is located at 8225 Flying Cloud Drive, attached to Eden Prairie Center, and is 10.6 acres. The proposed façade updates include painting existing EFIS surfaces dark brown and gray as well as installing new red EFIS to provide a stronger,branded contrast with proposed signage. New signage is proposed on all three sides of the building. Additionally, the applicant is proposing to plant all existing parking lot islands to bring the site closer into conformance with requirements for landscaped parking islands. The applicant is also proposing to extend the existing concrete sidewalk that connects the storefront to the Mall Ring Road and Flying Cloud Drive further into the site. He noted the Planning Commission recommended approval at their meeting. Ryan Hyllested, representing Kimley-Horn and Associates, reviewed the updates being proposed, including the landscaping and parking lot improvements. Case asked about the location of the concrete sidewalk that connects out to Ring Road and Flying Cloud Drive. Mr. Hyllested pointed out the sidewalk on the drawings of the building and noted it is on the west-northwest corner of the building. They will also add an island to the sidewalk. Case commented he was concerned about the safety and accessibility for residents in the apartments on the west side of Flying Cloud Drive. Aho asked if the sidewalk will accommodate bike travel. Mr. Hyllested believed it would accommodate bikes. Narayanan asked about accessibility for wheelchairs. Mr. Hyllested replied it would provide accessibility for wheelchairs. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing; to adopt Resolution No. 2020-11 for the Planned Unit Development concept review on 10.6 acres; to approve the first reading of the ordinance for the Planned Unit Development District review with waivers on 10.6 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. CITY COUNCIL MINUTES January 7, 2020 Page 5 Narayana asked if they would be adding charging stations. Mr. Hyllested replied it was not brought up as part of this project. Aho asked if they will have bike racks. Mr. Hyllested replied there are bike racks on the property. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Freiberg, Narayanan, Nelson and Case voting"aye." XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION OF SUPPORT FOR SOUTHWEST TRANSIT (Resolution No. 2020-12) Getschow said Southwest Transit, which includes the cities of Chaska, Chanhassen and Eden Prairie, is asking for a resolution of support to help with their funding. Len Simich, Executive Director of Southwest Transit, reported they received general funding dollars until last summer when all the general fund dollars were directed to Metro Mobility. Overall they have had a 10% reduction in funding. They hope a resolution of support would help them reinstate some of that funding. They are hoping for a more equitable split of the State sales tax dollars, because their share of those funds have gradually decreased to the point where only 2.5% is given to suburban providers. The Metropolitan Council transit tax is used to retire debt, and they can access those funds for some bus replacement costs, but it is not enough to keep pace with their growth. In addition, the Federal priorities and rules for funding are changing, and they also need to update their technology. Aho said Southwest Transit is a great organization that provides fabulous service to our residents. Southwest Transit is looking to expand into new services and routes. It is important to have a letter of support for the organization so they can expand. Narayanan also commented it is a great organization and asked Mr. Simich to share ridership statistics. Mr. Simich replied ridership is over 1,200,000 per year. He noted the express service has leveled off,but their Prime service has increased by 15-18%. Narayanan noted the Prime service fills a particular need and is a very important innovation provided by Southwest Transit. Aho explained that people will need to get to their final destination when the Southwest Light Rail Transit(SWLRT) is completed. Southwest Transit has been investigating the use of autonomous and electric vehicles to get to the riders' final destinations. Southwest Transit plans to supplement SWLRT and are looking at how best they can develop their system. CITY COUNCIL MINUTES January 7, 2020 Page 6 MOTION: Narayanan moved, seconded by Aho, to adopt Resolution No. 2020-12 for support for Southwest Transit funding. Motion carried 5-0. Nelson noted she has heard from many residents about their appreciation of the Prime and Prime-MD service. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS Case explained appointments are done at the first meeting of the year. A. DESIGNATE OFFICIAL CITY NEWSPAPER(Resolution) MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2020-13 designating Eden Prairie News as the official City newspaper for the year 2020. Motion carried 5-0. B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2020 AND APPOINT ACTING MAYOR(Resolution) MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2020- 14 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2020 and appointing Council Member Aho as Acting Mayor. Motion carried 5-0. C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY(Resolution) MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2020-15 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary for calendar year 2020. Motion carried 5-0. D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY(Resolution) MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2020-16 designating Public Works Director Robert Ellis as the Director and Council Member Freiberg as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. E. APPOINTMENT OF MAYOR CASE AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Freiberg moved, seconded by Nelson, to approve the appointment of CITY COUNCIL MINUTES January 7, 2020 Page 7 Mayor Ron Case as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 5-0. F. APPOINTMENT OF MAYOR CASE TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Narayanan moved, seconded by Freiberg, to approve the appointment of Mayor Case to the Municipal Legislative Commission. Motion carried 5-0. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Aho moved, seconded by Nelson, to approve the appointment of Council Member Freiberg to the Southwest Cable Commission. Motion carried 5-0. H. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Nelson moved, seconded by Freiberg, to approve the appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 5-0. I. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Narayanan moved, seconded by Aho, to appoint Lauren Stufft as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution) MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2020-17 appointing Council Member Nelson and Finance Manager Sue Kotchevar to the Eden Prairie Fire Relief Association. Motion carried 5-0. K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION MOTION: Nelson moved, seconded by Narayanan, to appoint Council Member Aho to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2021. Aho asked how this appointment would work because his term would end in 2021 and his term as Council Member ends in 2020. Case replied the Council would appoint a replacement at the first meeting of 2021 if Council Member Aho is not on the Council at that time. VOTE ON THE MOTION: Motion carried 5-0. XIV. REPORTS CITY COUNCIL MINUTES January 7, 2020 Page 8 A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:50 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List VIII.A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor 2020 Renewal Licenses Organization: Eden Prairie Lions Club Event: State of the Foundation, City& Schools Private Kennel Date: March 5, 2020 Place: Eden Prairie City Hall—Heritage Rooms Becky Beiersdorf 8080 Mitchell Rd 6961 Raven Court Karl &Brenda Ness Temporary Liquor 15441 Village Woods Drive Organization: Eden Prairie Lions Club Event: Schooner Days Nancy Parker Date: May 29-31, 2020 7402 Bittersweet Drive Place: Round Lake Park&EP Community Center Parking Lot Mike &Elaine Perry 16691 & 16700 Valley View Road 9618 Portal Drive Debra Wegler Temporary Liquor 8571 Saratoga Lane Organization: Eden Prairie Lions Club Event: Hometown Celebration Date: July 3-4, 2020 Place: Round Lake Park 16691 Valley View Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning 10197 Eden Prairie Road VIILB. Janet Jeremiah/Julie Klima Requested Action Move to: Approve the 2nd reading of the Ordinance for Zoning District Change from Rural to R1-44 on 1.05 acres. Synopsis This is final approval for the rezoning request for property at 10197 Eden Prairie Road. The City Council held a public hearing on this request and a request to amend the 2040 Comprehensive Plan to reguide the property to Low Density Residential and expand the MUSA boundary to the property. At that meeting the City Council approved the requests subject to Metropolitan Council approval of the 2040 Comprehensive Plan Amendment. The Metropolitan Council took final action on January 8, 2020, allowing the City to put the amendments into effect. Background The 120 day review period ends on February 13, 2020. Attachments Ordinance Zoning Change Ordinance Summary 10197 EDEN PRAIRIE ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the Planning Commission recommended that the land be placed into the R1-44 zoning district and the property owner agreed. Section 4. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-44 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 5. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. The land shall be subject to the terms and conditions listed below and are hereby made a part hereof. 1. At the time of building/land alternation permit submittal, the property owner shall provide: a. A cut/fill analysis along with a summary of how the site earthwork balances. b. An archeological study of the property addressing the presence of any cultural resources. c. A steep slope analysis identifying any steep slopes on the property. An erosion control plan for the parcel must also be included with the grading permit application. d. All existing utilities should be indicated on final plans as required by State Statute. e. The developer shall be responsible for acquiring all permits for this project. Permits that may be required include: watershed district; NPDES; MCES; DNR; MPCA and Department of Health. f. A Wetland Determination Report will be required. A field review must be scheduled prior to approval of the report. g. A tree inventory and tree replacement plan. Any trees removed will be required to be replaced at a 1:1 ratio. h. The property has not been assessed for trunk sewer and water, lateral sewer and water, streets or storm drainage. The City will levy a special assessment or a connection fee under City Code Section 3.07 for connecting with the municipal sanitary sewer system and the municipal water system Special assessments for street and drainage improvements, will be levied against the property. Any special assessments will be levied in accordance with the Eden Prairie Road Extension to Flying Cloud Drive Project Feasibility Report. Utility connection fees will also be applicable at the time of connection prior to issuance of building permit. 2. The applicant should contact the Riley Purgatory Bluff Creek Watershed District once a specific development plan has been proposed to determine any watershed district permitting requirements. 3. Park dedication fees shall be paid at the time of building permit issuance. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of October, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21 st day of January, 2020. ATTEST: Kathleen Porta, City Clerk Brad Aho, Acting Mayor PUBLISHED in the Eden Prairie News on , 2020. EXHIBIT A LEGAL DESCRIPTION That part of the East '/z of the Southwest '/4 of the Southeast '/4 of Section 29, Township 116 North, Range 22 West of the 5th Principal Meridian lying North of the right-of-way of U.S. Highway 169-212 and South and East of the center line of Eden Heights Road EXCEPT the east 171 feet thereof, Hennepin County, Minnesota. Abstract Property. 10197 EDEN PRAIRIE ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 10197 Eden Prairie Road, from the Rural Zoning District to the R1-44 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Brad Aho, Acting Mayor PUBLISHED in the Eden Prairie News on , 2020. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Applewood Pointe— Smith Village VIILC. Development/Planning Janet Jeremiah Requested Action Move to: Approve Amended and Restated Development Agreement, First Amendment to Access Easement and Maintenance Agreement and First Amendment to Encroachment Agreement for Private Use of Public Property. Synopsis The Applewood Pointe Project previously approved on May 7, 2019 is being financed by the United States Department of Housing and Urban Development (HUD). HUD requires amendment of the agreements identified in the Motion for the Requested Action. In particular HUD requires that obligations of the Developer to indemnify the City shall not apply to HUD in the event HUD comes into possession or ownership of the Property, provided however such obligations shall continue to apply to any successor in interest to HUD. Attachments • Amended and Restated Development Agreement Contract • First Amendment to Access Easement and Maintenance Agreement • First Amendment to Encroachment Agreement for Private Use of Public Property AMENDED AND RESTATED DEVELOPMENT AGREEMENT Applewood Pointe THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("Agreement") is entered into as of , 2020, by United Properties Development, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer" its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Guide Plan Change from Church/Cemetery and Industrial (I-Gen)to Medium High Density Residential and Zoning Change from Public and Industrial (I-GEN) to RM 2.5 Zoning District on 4.07 acres, Site Plan Review on 4.07 acres, and Preliminary Plat of 4.07 acres into 1 lot and 1 outlot (the "Application"), legally described on Exhibit A (hereafter referred to as the "Property"or"Applewood Pointe"); WHEREAS, Developer proposes to provide access to the Property through Outlot A, Legions Park(hereinafter referred to as "Outlot A, Legion Park"); WHEREAS, Applewood Pointe is a 100-unit 3-, 4-, and 5-story building. The building includes homes for seniors at least 62 years of age. Prior to occupancy of Applewood Pointe, a Cooperative will be formed under Minnesota Statutes Chapters 308A and 515B to own Applewood Pointe. The name of the Cooperative shall be Applewood Pointe Cooperative of Eden Prairie (the "Cooperative"). Each member of the Cooperative will be entitled to a proprietary leave of a unit. All units will consist of at least 2 bedrooms and most will include a den and/or sunroom. Once Applewood Pointe has secured subscription agreement for 60%of the units construction can begin. WHEREAS, Applewood Pointe is being developed under a common application called Smith Village with "Trail Pointe Ridge" and "Smith Village Townhomes." The three developments are collectively referred to herein as "Smith Village Project." WHEREAS,CB Eden Prairie Housing Limited Partnership is the developer of Trail Pointe Ridge, a 4-story building with 58 rental units. It is anticipated that ninety percent (90%) of these units will be rented at rates consistent with the requirements for the use of Low Income Housing Tax Credits. The building will include 1-bedroom, 2-bedroom, and 3-bedroom units. The developer for Trail Pointe Ridge is hereinafter referred to as the "Trail Pointe Ridge Developer." WHEREAS, Halley Land Corporation is the developer of Smith Village Townhomes, which consists of two, 3-unit townhome buildings. Each of the 6 units are for-sale custom Development Agreement—Applewood Pointe 1 townhomes that will be approximately 3,500 square feet with two- or three- car garages. The developer of Smith Village Townhomes is hereinafter referred to as the "Townhomes Developer 95. WHEREAS, Developer and City have previously recorded this Agreement as instrument number T05634844 in the Office of the Registrar of Titles of Hennepin County, Minnesota and as instrument number A10688500 in the Office of the County Recorder of Hennepin County, Minnesota on August 13,2019,and re-recorded this Agreement as instrument number TO5638967 in the Office of the Registrar of Titles of Hennepin County, Minnesota and as instrument number A10694165 in the Office of the County Recorder of Hennepin County, Minnesota on August 27, 2019 (collectively, the "Original Agreement"). WHEREAS, Developer and City now desire to amend and restate in its entirety the Original Agreement in anticipation of the Cooperative obtaining financing insured by the United States Department of Housing and Urban Development("HUD") to construct and develop a 100- unit 3-, 4-, and 5-story building for seniors at least 62 years of age. NOW, THEREFORE, the Developer and the City agree that this Agreement amends, restates, supersedes, and replaces in its entirety the Original Agreement. All obligations of the Developer and City under the Original Agreement shall continue without interruption under this Agreement and all such obligations are hereby ratified and confirmed in all respects. NOW,THEREFORE,in consideration of the City adopting Resolution No. 2018-123 for Guide Plan Change, Resolution No. 2018-124 for Planned Unit Development Concept Review, Ordinance No. 12-2019-PUD-6-2019 for Planned Unit Development District Review and Zoning District Change from Public and Industrial(I-2)to RM2.5 on 4.07 acres,Resolution No. 2019- for Site Plan Review, and Resolution No. 2018-125 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 7,2019,reviewed and approved by the City Council on May 7,2019, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. ACCESS EASEMENT AND MAINTENANCE AGREEMENT FOR THE CITY GROUND STORAGE WATER RESERVOIR AND PUMP HOUSE: The Developer shall provide an Access Easement and Maintenance Agreement("City Access Easement") in favor of the City for vehicular and pedestrian ingress and egress to and from Eden Prairie Road to the City's property ("City Property") for purposes related to accessing the City Property and performing routine and regular maintenance, repair and operation of the City's water facility within the City Property. Development Agreement—Applewood Pointe 2 The City Access Agreement must be in the form attached hereto as Exhibit E and approved in writing by the City Engineer. The City Access Agreement shall address joint vehicle access and maintenance over the Property and Outlot A, Legion Park. Upon execution of the City Access Agreement, but in any event no later than May 7, 2019, Developer shall tender an original executed City Access Agreement to the City. Developer shall file the executed City Access Agreement with the Hennepin County Recorder/Registrar of Title contemporaneous with the closing of Developer's purchase of any portion of the Property that will be encumbered by the City Access Agreement. Developer shall submit to the City Engineer proof that the City Access Agreement has been recorded in the Hennepin County Recorder's Office and the Registrar of Titles' Office. The City Reserves the right to clear and grade within the City Access Agreement corridor as necessary to access the City Property if access is required prior to land alteration being initiated by the Developer. 4. SHARED ACCESS, PRIVATE UTILITIES, STORMWATER AND MAINTENANCE EASEMENT AGREEMENT: Prior to release by the City of the Final Plat for the Property (the "Final Plat"), Developer shall execute a non-exclusive Shared Access, Private Utilities, Stormwater and Maintenance Easement Agreement (hereinafter referred to as the "Shared Access and Maintenance Agreement") over the private infrastructure located within the Property as depicted on the Plans that provides shared access between Applewood Pointe,the Smith Village Townhomes and Trail Pointe Ridge for shared use of private streets, access and private utilities and stormwater management facilities within the Property. The form of the Shared Access and Maintenance Agreement must be approved in writing by the City Engineer and shall be subject to the City Access Agreement. The Shared Access and Maintenance Agreement shall address temporary construction access for all developers, joint vehicle access and maintenance over the private drives, no parking on private streets, city streets and city owned property, storm sewers, and stormwater management facilities. All of the facilities constructed under the terms of the Shared Access and Maintenance Agreement shall be privately owned and maintained by the Developer pursuant to the Shared Access and Maintenance Agreement. After approval by the City, Developer shall file the Shared Access and Maintenance Agreement with the Hennepin County Recorder's Office and the Hennepin County Registrar of Titles' Office, as appropriate, immediately after the recording of the Final Plat and prior to recording of any document affecting the Property including but not limited to any mortgage granted by the Developer or owners, its successors and/or assigns. The Shared Access and Maintenance Agreement shall also provide a cross access and maintenance agreement on, over, under and across Glory Lane located within Outlot A, Legion Park, for the benefit of Lot 1, Block 1, Legion Park. Prior to the issuance of the first permit for the Property, Developer shall submit to the City Engineer proof that the Shared Access and Maintenance Agreement has been recorded in the Hennepin County Recorder's Office and the Hennepin County Registrar of Titles' Office. Development Agreement—Applewood Pointe 3 5. AFFORDABLE UNITS: The Developer shall at initial sale provide 10 affordable for-sale units within the residential units in Applewood Pointe. Three of the units shall be 2- bedroom units occupied by residents whose annual income is at 60% or less of Hennepin County AMI as adjusted annually, 4 of the units shall be 2-bedroom units occupied by residents whose annual income is at 80% or less of Hennepin County AMI as adjusted annually, and 3 of the units shall be 2-bedroom units occupied by residents whose annual income is at 100%or less of Hennepin County AMI as adjusted annually.No income limits are required to apply to subsequent sales of the affordable units. The Developer shall be responsible for submitting the income and the sale price of membership interest for each initial transaction of an affordable unit at Applewood Pointe. 6. CROSS PROGRAMMING AND SITE AMENITIES: Developer has submitted a final outdoor Site Amenities Plan for the Property as depicted on Exhibit B Plans with respect to the Group Usable Open Space Plan requirements. The Group Usable Open Space requirement is met only through the granting of a wavier pursuant to Paragraph 14, item 5. The quality of all amenities to be installed and or constructed by Developer shall be equal to or greater than what is required by the Plans. The Developer shall construct the Site Amenities located on the Property prior to the issuance of the first Certificate of Occupancy for the Property. The plans for such improvements allow occupants, guests and invitees of Applewood Pointe, Trail Pointe Ridge and Smith Townhomes shared use of all sidewalks identified as "Shared Site Amenities" on the Site Amenities Plan, all amenities and improvements shown on the Site Amenities Plan within the Property and any benches adjacent to a sidewalk. All of these amenities shall be privately owned and maintained by the Developer or the Trail Pointe Ridge Developer as applicable, and maintained pursuant to the terms of the Shared Access and Maintenance Agreement. The City is not responsible for enforcing any use of areas not identified as shared. Sidewalk signs are limited to signs that are directional in nature such as "No Through Connection" or"No Outlet." After issuance of a Certificate of Occupancy for all of the developments, — Applewood Pointe,Trail Pointe Ridge and Smith Village Townhomes-the Developer shall collaborate with the other developers of the Smith Village Project to shall provide programming available to all residents of the Smith Village Project to promote ongoing multigenerational interaction and to provide opportunities to build community. The programing activities may take place throughout each year and utilize gathering spaces and other locations agreed upon by the Developer with the other developers of the Smith Village Project. The specific activities to be offered shall be determined by the Developer in junction with the other developers of the Smith Village Project. In its application submission to the City, Developer identified the following as ways to promote a sense of community, create a unified neighborhood, and encourage cross-generational interaction the following activities: • Create outdoor activity days throughout the summer season that will include organized yard games, a picnic, and gardening lessons. These dates may coincide with the summer holidays. Development Agreement—Applewood Pointe 4 • Plan and implement Night to Unite block party to be hosted at a central gathering location within the neighborhood. • Host a gift-wrapping event in the Craft Room during the holiday season where residents from Smith Village can come together, enjoy hot cocoa and wrap gifts for family and friends. • Host a holiday pot-luck dinner and extend an invitation to the residents of the Smith Village. • This list is not inclusive, and the Developer will identify additional opportunities for cross programming as the residents of the Smith Village Project begin to call it home. Overall,the goal of the cross programming for the Smith Village Project is to create a long-lasting and vibrant housing community encouraging resident interaction. The City encourages consideration of the following activities: outdoor activity days throughout the summer months, Night to Unite, Study Buddy program where older residents can assist students, and gatherings for various holidays throughout the year. By February 15th of each year, Developer shall provide the City Planner with an annual report for the preceding year identifying the cross programming events Developer has provided during the prior year and cross programming planned by the Developer for the following year. The report shall identify the amount of resident participation in the events. After submission of the third annual report the Developer may meet with the City Planner to discuss the need for future reports and whether the annual reports demonstrate sufficient resident participation to justify continued cross programming activities. Based on the contents of the reports and the discussion with the Developer the City Planner may continue, modify or waive the reporting and/or the cross programming requirement. The City Planner's decision is subject to Administrative Appeal to the City Council pursuant to City Code Section 2.80. 7. FINAL PLAT: The Developer shall record the Final Plat with the Hennepin County Recorder's Office and/or the Hennepin County Registrar of Titles' Office, as applicable, within ninety(90) days of approval of the Final Plat by the City Council or within two (2) years of approval of the Preliminary Plat, whichever occurs first. If the Final Plat is not recorded within the specified time,the City Council may,upon ten(10)days'written notice to the Developer, consider a resolution revoking the approval. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS A. FINAL GRADING AND DRAINAGE PLAN: The grading and drainage plan contained in the Plans is final. The final grading and drainage plan is a combined single plan for the Smith Village Project. Developer is responsible for coordinating all activities required under the final grading and drainage plan with the other developers of the Smith Village Project. If the final grading and drainage plan requires activities off the Property in other portions of Smith Village Project in order for the grading and drainage plan to function as designed within the Property, no certificate of occupancy shall be issued to Developer until such off-site work is Development Agreement—Applewood Pointe 5 performed in accordance with the final grading and drainage plan. This final grading and drainage plan includes all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map have been submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers' written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developers to perform the monitoring of the Project shall be responsible for all monitoring,data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities located on the Property, including detention basins, retention basins, "Stormwater Infiltration" or "Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or"Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual" current edition, the approved final grading plan and the Development Agreement—Applewood Pointe 6 requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall, prior to construction of the infiltration system, provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90 days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. Development Agreement—Applewood Pointe 7 During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the infiltration storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall to the extent practical be removed by hand during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. After the two year period of maintenance, the owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities located on the Property. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand. Development Agreement—Applewood Pointe 8 For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 9. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for Applewood Pointe. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services, Riley Purgatory Bluff Creek Watershed District,Hennepin County Regional Rail Authority, Three Rivers Park District, Hennepin County Transportation, Minnesota Department of Transportation. The City Planner may determine that conditions of approval required by Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review. 10. CASH PARK FEES: The Developer shall pay Cash Park Fees on all of the units in the Property except for the 3 affordable units at 60%AMI in Applewood Pointe. 11. TRASH: Developer agrees that all trash, trash receptacles and recycling bins on Applewood Pointe shall at all times be located inside of the building enclosures depicted on the Plans. 12. ELECTRIC VEHICLE CHARGING STATION: The Applewood Developer shall at all times provide an electric vehicle charging station within Applewood Pointe.The electric vehicle charging station shall be installed and operational prior to the issuance of a Certificate of Occupancy for Applewood Pointe. 13. ENCROACHMENT AGREEMENT: A portion of the pedestrian connection and plantings between Applewood Pointe and the Smith Douglas More House Property will be located on City property at 8107 Eden Prairie Road(PID 17-116-22-14-0006). Prior to the Development Agreement—Applewood Pointe 9 release of the final plat, the Applewood Developer shall execute an "Encroachment Agreement" in the form attached hereto as Exhibit D and shall file the Encroachment Agreement with the Hennepin County Recorder and the Registrar of Title as appropriate immediately after the recording of the Final Plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, its successors and/or assigns. 14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM-2.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. Density. City Code allows 17.4 units per acre. The Waiver allows 24.57 units per acre. 2. Gross Site Area: City Code requires 2,500 square feet per unit. The Waiver allows 1,773 square feet per unit. 3. Building Height: The maximum building height in City Code is 45 feet. The Waiver allows Applewood Pointe building to range from 2 stories to 5 stories and 66 feet 7 inches for the 5 story section. 4. Lots Without Street Frontage: All lots in the City are required to have frontage on a public street. The Waiver allows Outlot A to not have frontage on a public street. 5. Group Usable Open Space: City Code requires 600 square feet of group usable open space per unit("GUOSPU"). The Waiver allows 405 square feet per unit. The "GUOSPU" calculation includes interior and outdoor spaces. 6. Landscaping: Not including tree replacement, the Smith Village Project requires 973 caliper inches of landscaping. The Waiver allows the project to provide 436 caliper inches using code calculations. The Plan provides many additional trees, shrubs, perennials and grasses. Parking: The City Code requires 2 parking spaces per unit. The Waiver allows Applewood Pointe to have 1.62 parking stalls per unit based on providing off-site overflow parking as required herein. 15. PUBLIC UTILITY PLANS: The plans for sanitary sewer and water main for the Smith Village Project are final and are as depicted on Exhibit B. Plans for public infrastructures have been submitted in a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the Final Plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of all said improvements within the Smith Village Project. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. Release of said surety above shall be upon acceptance of the public utilities by the City Engineer and submission of a 25% maintenance surety. 16. RETAINING WALLS: Plans for any retaining walls greater than four feet in height are final and are as depicted on Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Development Agreement—Applewood Pointe 10 Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 17. VACATION OF DRAINAGE AND UTILITY EASEMENTS: Prior to the release of the issuance of a land alteration permit, building permit or the release of the Final Plat for the Property, the following shall be required: The Developer shall submit to the City Engineer: (i)written evidence that all utility companies with infrastructure within existing drainage and utility easements within the Property have consented to the vacation of drainage and utility easements identified in the Plans, such document to be in form and content acceptable to the City, and (ii) that the Developer have a written agreement with each utility company to relocate or abandon existing utility lines if required by the utility company. Furthermore,prior to the issuance of a land alteration permit,building permit or release of a Final Plat for the Property(whichever occurs first),the City Council shall have adopted a resolution vacating drainage and utility easements as presented in the Plans. 18. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however,City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 19. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 20. EXTERIOR MATERIALS: Plans for exterior materials and colors to be used on the buildings located within the Property are final and are as depicted on Exhibit B. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 21. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer Development Agreement—Applewood Pointe 11 shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 22. LANDSCAPE PLAN AND TREE REPLACEMENT: The Landscape Plan and Tree Replacement Plan are final and are as depicted on Exhibit B. The final landscape plan depicts the quantity, type, and size of all plant materials shown on the landscape plan on the Exhibit B Plans. The final landscape plan includes replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The final landscape plan provides that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. The final landscape plan for the Property includes all proposed trees shrubs, perennials, and grasses as depicted on the Exhibit B Plans. Developer shall execute the landscape agreement contemporaneous with this Agreement. Prior to building permit issuance, Developer shall also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150% of the cost of said improvements on the Property including all proposed trees, shrubs, perennials, and grasses on the Property as depicted on the Landscape and Tree Replacement Plan on the Exhibit B Plans. The installation shall conform to the approved Landscape Plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes, including but not limited to removal and relocation, to the Landscape Plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes.Developer shall complete implementation of the final Landscape Plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Development Agreement. 23. MECHANICAL EQUIPMENT SCREENING: The mechanical equipment screening plan is final. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the final plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner in his or her sole discretion, that such constructed screening does not meet the existing Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. Development Agreement—Applewood Pointe 12 24. PERFORMANCE STANDARDS: Developer agrees that the Property and Outlot A, Legion Park will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property and Outlot A,Legion Park shall be operated so noise,vibration, dust and dirt, smoke, odor and glare do not go beyond the Property and Outlot A, Legion Park boundary lines. No snow storage is allowed on any parking stall space designated on the Plans. 25. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 26. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 27. AGREEMENT TO SECURE OVERFLOW PARKING OFF-SITE DURING EVENTS: Developer shall provide for the availability off-site parking to accommodate anticipated parking needs when the community room locating within the Property is reserved for an event for guests who arrive at the Property in 10 or more vehicles. By February 15th of each year, the Developer shall provide the City Planner with a report for the preceding year identifying the property on which Developer has obtained overflow parking rights and the Developer's plan for the current year. The report shall also include the number of times overflow parking was utilized in the prior year. After the third annual report the Developer may meet with the City Planner to discuss the need for future reports and whether the reports demonstrate sufficient parking has been available on the Property and that provisions for overflow parking are not needed. Based on the contents of the reports and the discussion with the Developer the City Planner may continue, modify or waive the reporting and/or the overflow parking off-site requirement. The City Planner's decision is subject to Administrative Appeal to the City Council pursuant to City Code Section 2.80. 28. PUBLIC ART: The Exhibit B plans include an area designated for public art. The Developer shall submit to the City for its approval proposals for the public art. Developer and City shall work together to evaluate the proposals and select the art and the timing of installation. The Developers obligations to pay for public art required hereunder shall not exceed an aggregate total of$25,000 for the total cost of original artwork installed (which costs includes design,engineering and landscaping for the public art). The original artwork cost does not include the cost for bike racks. Development Agreement—Applewood Pointe 13 29. HUD REQUIRED PROVISIONS: Notwithstanding any provision in this Agreement to the contrary, any obligation of Developer or its successors and assigns to indemnify the City (including those indemnification obligations in Exhibit C), its successors, its elected and appointed officials,employees,agents,contractors,representatives,and attorneys shall not apply to the United States Department of Housing and Urban Development ("HUD") in the event HUD comes into possession or ownership of the Property but shall continue to apply to any successor in interest to HUD. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Development Agreement—Applewood Pointe 14 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Brad Aho Its Acting Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of January, 2020 by Brad Aho and Rick Getschow, respectively the Acting Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Development Agreement—Applewood Pointe l 5 United P .o ' s e lopment LLC Its1 By: //./ Its ,f STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this hi day of ,fcrnpary ,2020, by fil * k' Ne Ad n and A-Icx A ll , the Expel,bye Kee ' r/and �Ntor Wce jIespiey tf United Properties Development LLC, a Minnesota limited liability company, on behalf of the company. I {' WENI]YARMirAeE Notary Pub1i I �� N(7T�IRY PUBLIC MINNESOTA Ar My Commission apim Oac.31,2020 Development Agreement—Applewood Pointe 16 EXHIBIT A DEVELOPMENT AGREEMENT - APPLEWOOD POINTE Lot 5 and Outlot A, Smith Village, Hennepin County, Minnesota and Outlot A, Legion Park, Hennepin County, Minnesota Development Agreement—Applewood Pointe 17 EXHIBIT B DEVELOPMENT AGREEMENT - APPLEWOOD POINTE PUD and Site Plan dated 10/29/18 by Plowe Engineering. Grading Plan dated 10/29/18 by Plowe Engineering. Erosion Control Plan dated 10/29/18 by Plowe Engineering. Utility Plan—Storm Sewer dated 10/29/18 by Plowe Engineering. Utility Plan - Watermain dated 10/29/18 by Plowe Engineering. Utility Plan—Sanitary Sewer dated 10/29/18 by Plowe Engineering. Details dated 10/29/18 by Plowe Engineering. Details dated 10/29/18 by Plowe Engineering. Details dated 10/29/18 by Plowe Engineering. Group Usable Open Space dated 10/29/18 by Plowe Engineering. Parking Lot landscape Analysis dated 10/29/18 by Plowe Engineering. Existing Conditions Map dated 09/20/18 by E.G. Rud and Sons, Inc. Existing Conditions Map dated 09/20/18 by E.G. Rud and Sons, Inc. Preliminary Plat dated 10/29/18 by E.G. Rud and Sons, Inc. Preliminary Plat dated 10/29/18 by E.G. Rud and Sons, Inc. Tree Preservation and Removal Plan dated 10/29/18 by WSB Landscape Plan Layout dated 10/29/18 by WSB Plan Schedules dated 10/29/18 by WSB Plant Schedules AP1 dated 10/29/18 by WSB Plan Schedules AP2 dated 10/29/18 by WSB Landscape Enlargement CB1 dated 11/27 /18 by WSB Landscape Enlargement CB2 dated 10/29/18 by WSB Landscape Enlargement CB3 dated 10/29/18 by WSB Landscape Enlargement CB4 dated 10/29/18 by WSB Landscape Enlargement TH1 dated 10/29/18 by WSB Landscape Enlargement AP1 dated 10/29/18 by WSB Landscape Enlargement AP2 dated 10/29/18 by WSB Landscape Enlargement AP3 dated 10/29/18 by WSB Landscape Enlargement AP4 dated 10/29/18 by WSB Landscape Enlargement AP5 dated 10/29/18 by WSB Landscape Enlargement AP6 dated 10/29/18 by WSB Landscape Enlargement AP3 dated 10/29/18 by WSB Landscape Enlargement Exhibit 2A by WSB Plant Details dated 10/29/18 by WSB Miscellaneous Details dated 10/29/18 by WSB Miscellaneous Details dated 10/29/18 by WSB Architectural Site Plan dated 10/29/18 by kaas wilson architects Floor Plans dated 10/29/18 by kaas wilson architects Site Section dated 10/29/18 by kaas wilson architects Development Agreement—Applewood Pointe 18 Exterior Elevations dated 10/29/18 by kaas wilson architects Perspective Rendering dated 10/29/18 by kaas wilson architects Finish Board dated 12/19/18 by kaas wilson architects Finish Board dated 12/18/18 by United Properties Cover Sheet dated 09/24/18 by JSSH Architects Garage Plan dated 06/14/18 by JSSH Architects First Floor Plan dated 10/29/18 by JSSH Architects Second Floor Plan dated 10/29/18 by JSSH Architects Third Floor Plan dated 10/29/18 by JSSH Architects Fourth Floor Plan dated 10/29/18 by JSSH Architects Fifth Floor Plan dated 10/29/18 by JSSH Architects Roof Plan dated 09/24/18 by JSSH Architects Exterior Elevations dated 10/29/18 by JSSH Architects Exterior Elevations dated 10/29/18 by JSSH Architects Exterior Elevations dated 10/29/18 by JSSH Architects Exterior Elevations dated 10/29/18 by JSSH Architects Exterior Elevations dated 10/29/18 by JSSH Architects Shadow Plan Shadow Plan Shadow Plan Shadow Plan Group Usable Open Space Plan Shared Amenity Exhibit dated 3/14/19 by Plowe Engineering Site Amenities Plan Development Agreement—Applewood Pointe 19 EXHIBIT C DEVELOPMENT AGREEMENT - APPLEWOOD POINTE I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as the Property in accordance with Paragraph 10 as required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Developer, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Multifamily Mortgage, Assignment of Leases and Rents, and Security Agreement (Minnesota) between Applewood Pointe Cooperative at Eden Prairie, a Minnesota cooperative corporation, for the benefit of Dougherty Mortgage LLC, a Delaware limited liability company, in the principal sum of $23,000,000.00 dated as of , filed as Document No. in the Office of the Recorder of Hennepin County,Minnesota,and filed ,as Document No. in the Office of the Registrar of Title, Hennepin County, Minnesota. Development Agreement—Applewood Pointe 20 Regulatory Agreement for Multifamily Projects between Applewood Pointe Cooperative at Eden Prairie, a Minnesota cooperative corporation and the United States Departments of Housing and Urban Development, acting by and through the Secretary, as incorporated by reference in said Multifamily Mortgage, Assignment of Leases and Rents, and Security Agreement dated as of , filed as Document No. in the Office of the Recorder of Hennepin County, Minnesota, and filed , as Document No. in the Office of the Registrar of Title, Hennepin County, Minnesota. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. To the best of Developer's knowledge after due inquiry no previous owner,operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. Development Agreement—Applewood Pointe 21 IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. (the "Three-Year City Fees"). City acknowledges that Three-Year City Fees have been paid in full as of the date of this Agreement. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant,condition,or provision made herein,City may,at its option,institute and prosecute an action to specifically enforce such covenant, withhold building permits, or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Prior to the commencement of any improvements, Developer shall provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Development Agreement—Applewood Pointe 22 XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development this Agreement, the Developer shall record this Development Agreement at the County and / or Registrar of Titles as appropriate. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses,including attorneys' fee,incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. Development Agreement—Applewood Pointe 23 XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. Development Agreement—Applewood Pointe 24 EXHIBIT D DEVELOPMENT AGREEMENT -APPLEWOOD POINTE ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY (AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY) This Amended and Restated Encroachment Agreement for Private Use of Public Property (hereinafter "Encroachment Agreement") is made this day of January, 2020, between the CITY OF EDEN PRAIRIE, Minnesota, a municipal corporation (the "City"), and United Properties Development LLC, a Minnesota limited liability company(the "Owner"). RECITALS: A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota(the "Owner's Property"), legally described as follows: See Exhibit A attached hereto and made a part hereof. B. The Owner's Property abuts 8107 Eden Prairie Road(PID 17-116-22-14-0006) (the Public Property) as depicted Exhibit B (hereinafter the "Plan"). C. Owner and City have entered into the certain Development Agreement dated the 9th day of August, 2019 (hereinafter"Development Agreement") for the development named Applewood Pointe. D. The Development Agreement requires this Encroachment Agreement. E. The Owner desires to construct a 6 foot wide concrete sidewalk and place plantings within the Public Property-(the "Improvements") as identified in the Plan and Exhibit A. F. City is willing to permit the Improvements as depicted on the Plan, subject to the terms and conditions of this Agreement. G. Owner and City are parties to that certain Encroachment Agreement for Private Use of Public Property dated as of August 9,2019,filed in the office of the Registrar of Titles of Hennepin County, Minnesota as instrument number T05634849 and filed in the office of the County Recorder of Hennepin County, Minnesota as instrument number A10688505 on August 13, 2019 and re-recorded as instrument number T05638968 in the Office of the Registrar of Titles of Hennepin County,Minnesota and Instrument No.A 10694166 of the Office of the County Recorder of Hennepin County, Minnesota on August 27, 2019 (the "Original Agreement"). Development Agreement—Applewood Pointe 25 H. Owner intends to construct a 100-unit multifamily cooperative (the "Owner's Project") which it intends to convey to the Applewood Pointe Cooperative of Eden Prairie, a Minnesota cooperative corporation(the "Cooperative"). I. Owner and City desire to clarify their agreements with respect to removal of the sidewalk from the Public Property in Paragraph 10 and with respect to certain provisions required by the Department of Housing and Urban Development ("HUD") as a condition of financing for the development of the Cooperative. AGREEMENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. PUBLIC PROPERTY. The Owner acknowledges that the Improvements encroach on the Public Property, 3. IMPROVEMENTS. City grants Owner the right to and Owner hereby assumes the responsibility to maintain, repair, replace and re-construct the Improvements, including but not limited to; the pavement, snow and ice removal, all in accordance with all applicable laws and regulations (collectively referred to as"Maintenance") in the location identified on the Plan in the locations and subject to the terms set forth below in paragraph 4. The City shall retain the right to manage the Public Property as provided in state statutes and city code. The City shall also retain the right to approve the Maintenance and direct the Owner to correct any deficiencies in the Maintenance. 4. MAINTENANCE. Responsibility for Maintenance of the Improvements shall be that of the Owner. The Owner shall perform, as and when necessary, and pay the cost for, such maintenance of the Improvements as may be reasonably necessary to maintain the Improvements in good and aesthetic condition and repair. 5. INDEMNITY. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys' fees, arising from,based on,or related to the encroachment of the Improvements on the Road,including, but not limited to, any claim asserted against the City as a result of the installation, placement, building erection,maintenance,occupation or use of the Improvements and/or failure of the Owner to maintain the Improvements in such a condition as to prevent against injury to persons or property. 6. INSURANCE. Owner shall maintain a public liability insurance policy, naming City as an additional insured, which provides coverage for damage to the property of others or injury or death to persons. Such coverage shall be on an occurrence basis and shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 5 above. Said policy shall contain a clause which provides the insurer will not change, non-renew, or materially change the policy without first providing the City thirty(30)days prior written notice. The Owner Development Agreement—Applewood Pointe 26 shall provide the City with a Certificate of Insurance for such coverage that specifically details the conditions in Paragraphs 5 and 7 of this Agreement. 7. WAIVER OF CLAIMS. The Owner acknowledges the City's ownership of the Road and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner's being permitted to maintain the encroachment of the Improvements on the Road as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. The Owner acknowledges being represented by legal counsel in connection with this Agreement, and that the Owner has read and understands the terms of this Agreement. 8. CONDITION OF PUBLIC PROPERTY. The Owner acknowledges the City has made no representations or warranties regarding the condition of the Public Property or its suitability for the uses permitted by this Agreement. 9. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as creating or establishing any vested right of the Owner to the area encroached upon. 10. TERMINATION OF AGREEMENT. Notwithstanding anything to the contrary contained in this Agreement, the City may terminate this Agreement on sixty (60) days written notice to Owner(the"Termination Notice"). Within sixty(60)days of the date of the Termination Notice, the Owner shall remove the sidewalk from the Public Property. The Owner shall not be permitted to increase the amount or scope of the encroachment. At any time that: (a) Owner's Project is encumbered by a mortgage securing a note held or endorsed for mortgage insurance by the United States Department of Housing and Urban Development ("HUD"); or (b) HUD is the fee simple owner of the Owner's Project, notwithstanding anything contained in this Encroachment Agreement to the contrary, the City agrees that it shall not exercise its rights to require removal of the sidewalk from the Public Property without the prior written consent of HUD. 11. Owner hereby agrees to the following additional conditions: A. The Improvements shall be located as depicted in the Plan. B. The design of the Improvements shall be subject to the terms of the Development Agreement. The location of the Improvements shall be as depicted in the Plan. C. Owner shall secure from City all required municipal permits prior to any construction within the Public Property including a right-of-way permit. D. Drainage from Owner's and all adjacent properties shall at no time be impeded or blocked due to the Improvements. Development Agreement—Applewood Pointe 27 E. The Improvements and all work completed in relation thereto shall be in accordance with the City's current standards and ordinances and other applicable laws and/or regulations. 12. BINDING EFFECT. Except as hereinafter provided,this Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 13. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Improvements and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 14. RECORDING. The Owner shall cause this Agreement to be filed for record with the Hennepin County Recorder and Registrar of Title (as applicable) within 30 days of its execution by the Owner and the City. Evidence of filing shall be provided to the City within 30 days thereafter. 15. HUD REQUIRED PROVISIONS. Notwithstanding any provision in this Agreement to the contrary, any obligation of Owner or its successors and assigns to indemnify the City, its successors, its elected and appointed officials, employees, agents, contractors, representatives, and attorneys shall not apply to the United States Department of Housing and Urban Development ("HUD") in the event HUD comes into possession or ownership of the Property but shall continue to apply to any successor in interest to HUD. Development Agreement—Applewood Pointe 28 CITY OF EDEN PRAIRIE By: Ronald A. Case, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of January, 2020, by Ronald A. Case and Rick Getschow, respectively then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation, on behalf of the corporation. NOTARY PUBLIC Development Agreement—Applewood Pointe 29 United Properties Development LLC By: Its: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of January, 2020, by and , the and of United Properties Development LLC, a Minnesota limited liability company, on behalf of the company. NOTARY PUBLIC This instrument was drafted by: Richard F. Rosow, Esq. Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 Telephone: (612) 436-7477 Development Agreement—Applewood Pointe 30 EXHIBIT A Legal Description Lot 5, Block 1, Smith Village, and Outlot A, Legion Park, Hennepin County, Minnesota Development Agreement Applewood Pointe 31 EXHIBIT B Legal Description of City Property That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22, described as follows: Commencing at the Northwest corner of said quarter quarter; thence South along the West line of said quarter quarter distant 316.0 feet to the actual point of beginning,thence East parallel with the North line of said quarter quarter distance 357.0 feet; thence South parallel with the West line of said quarter quarter distant 242.0 feet; thence West parallel with the North line of said quarter quarter distant 357.0 feet; thence North along the West line of said quarter quarter distant 242.0 feet to the point of beginning, Hennepin County, Minnesota. Development Agreement—Applewood Pointe 32 EXHIBIT E DEVELOPMENT AGREEMENT - APPLEWOOD POINTE ACCESS EASEMENT AND MAINTENANCE AGREEMENT FOR GROUND STORAGE WATER RESERVOIR AND PUMP HOUSE Development Agreement—Applewood Pointe 33 ACCESS EASEMENT AND MAINTENANCE AGREEMENT (AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO ACCESS EASEMENT AND MAINTENANCE AGREEMENT) THIS AMENDED AND RESTATED ACCESS EASEMENT AND MAINTENANCE AGREEMENT (this "Agreement") is made as of January , 2020, by and between United Properties Development LLC, a Minnesota limited liability company (hereafter referred to as the "Grantor"), and the City of Eden Prairie, a Minnesota municipal corporation ("Grantee"). RECITALS WHEREAS, Grantor is the fee owner of that certain real property commonly known as 16397 Glory Lane, Eden Prairie, Minnesota, legally described on Exhibit A-1 and Exhibit A-2 attached hereto (the "UPD Property"); WHEREAS, Grantee is the owner of that certain real property located in Eden Prairie Minnesota, legally described on Exhibit B attached hereto (the "City Property"). The City Property is adjacent to the UPD Property and will contain a water storage facility(the "Facility"); and WHEREAS, Grantee wishes to obtain an easement for vehicular and pedestrian access to and from Eden Prairie Road over a portion of the UPD Property , as described on Exhibit C and generally depicted on Exhibit D attached hereto (the "Access Easement Area"), for the purpose as more fully described in this Agreement. WHEREAS, Grantor and Grantee are parties to that certain Access Easement and Maintenance Easement Agreement dated as of August 9, 2019, filed in the office of the Registrar of Titles of Hennepin County, Minnesota on August 13, 2019, as Document No. T05634848 and filed in the office of the County Recorder of Hennepin County, Minnesota on August 13, 2019 as Document No. A10688504 (the "Original Agreement")under which Grantee obtained an easement for vehicular and pedestrian access to and from Eden Prairie Road over certain portions of the UPD Property identified in the Original Agreement(the "Access Easement Area"); WHEREAS, Owner intends to construct a 100-unit multifamily cooperative (the "Owner's Project") which it intends to convey to the Applewood Pointe Cooperative of Eden Prairie, a Minnesota cooperative corporation (the "Cooperative"). WHEREAS, Grantor and Grantee desire to clarify their agreements with respect to certain provisions required by the Department of Housing and Urban Development("HUD") as a condition of financing for the development of the Cooperative. Development Agreement—Applewood Pointe 34 GRANT OF EASEMENT NOW THEREFORE, in consideration of and to memorialize the Recitals set forth above, which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantors and Grantee hereby agree as follows: 1. Grant of Access Easement. Subject to the terms and conditions set forth herein, Grantor hereby grants to Grantee, its successors and assigns, a perpetual non-exclusive easement, appurtenant to and for the benefit of the City Property, over the Access Easement Area for, vehicular and pedestrian ingress and egress to and from Eden Prairie Road to the City Property, solely for purposes related to the City's: (i) access to the City Property, and (ii) performance of routine and regular maintenance,repair and operation of the Facility and the City Property and for no other purpose ("Easement"). Grantee shall not permit any claim, lien or other encumbrance arising from Grantee's use, maintenance, repair or operation of the Facility to accrue against or attach to the Access Easement Area or UPD Property. In the exercise of its rights to the Easement, Grantee: (i) shall use reasonable efforts to avoid causing any damage to the UPD Property or the improvements located thereon or any interference with the use of UPD Property by Grantor; and (ii) may use commercial, heavy or large machinery, trucks or vehicles on or over the Access Easement Area only for maintenance and operation of the Access Easement and the City Property. Grantee shall not use the Access Easement Area as access for vehicles or pedestrian use in connection with construction of any future expansion of facilities on the City Property. Grantor shall not interfere in Grantee's use of the Access Easement Area. 2. Maintenance of Access Easement Area. As between Grantor and Grantee, the Access Easement Area shall be maintained and repaired by Grantor, as Grantor deems necessary in its reasonable discretion, and at Grantor's sole cost. Grantor shall construct on the Access Easement Area paved access from Glory Lane to the City Property. If the Access Easement Area or the UPD Property is damaged by the actions of Grantee, its employees or contractors, Grantee shall be obligated to promptly repair such damage at Grantee's sole cost and expense. 3. Notices. Any notices to be given to the party's shall be deemed effective upon actual receipt if hand delivered or upon the third day after postmark by U.S. or certified mail, return receipt requested, to the address set forth below: If to UPD: United Properties Development LLC 651 Nicollet Mall, Suite 450 Minneapolis, MN 55402 If to Grantee: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Each party shall the right from time to time and at any time upon at least fifteen(15) days' prior written notice thereof in to change its respect address and to specify any other address; Development Agreement—Applewood Pointe 35 provided, however, notwithstanding anything herein contained to the contrary, in order for the notice of address to change to be effective, it must actually have been received. 4. Insurance. Grantor and Grantee shall cause its commercial general liability insurance policy in effect for the UPD Property and City Property, respectively, to extend to and include the Access Easement Area, thereby insuring against claims for bodily injury, death or property damage occurring on or from Grantor's and Grantee's use of the Access Easement Area. 5. Indemnification. (a) By Grantee. Grantee shall defend, indemnify, and hold harmless Grantor and its owners, officers, members, managers, employees, and agents from and against any and all claims, demands, actions, suits, judgments, losses, damages, expenses, penalties, fines, sanctions, court costs, litigation costs, and reasonable attorneys' fees arising out of or relating to any destruction of or damage to any property or any injury to or death of any person arising out of use, maintenance or repair of the Access Easement Area by Grantee, its employees, agents, tenants, contractors or suppliers, except to the extent that such loss is the result of negligence, gross negligence or willful misconduct by a Grantor. (b) By Grantor. Grantor shall defend, indemnify, and hold harmless Grantee from and against any and all claims, demands, actions, suits,judgments, losses, damages, expenses,penalties, fines, sanctions, court costs, litigation costs, and reasonable attorneys' fees arising out of or relating to any destruction of or damage to any property or any injury to or death of any person arising out of use, maintenance or repair of the Access Easement Area by Grantor, its employees, agents, tenants, contractors or suppliers, except to the extent that such loss is the result of negligence, gross negligence or willful misconduct by Grantee. 6. Ownership of Property. Grantor represents and warrants that it is the lawful owner of a fee simple interest in the UPD Property. Grantee represents and warrants that it is the lawful owner of a fee simple interest in the City Property. 7. Amendment. This Agreement may only be amended in a writing executed by all parties hereto. 8. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of such provision or any other provision hereof. No waiver shall be binding unless executed in writing by the party making the waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition. 9. Enforceability. If any provisions of this Agreement or the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced pursuant to the terms of this Agreement. 10. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Minnesota. Development Agreement—Applewood Pointe 36 11. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument. 12. Attorneys' Fees. Should any action or proceeding be necessary to construe or enforce the terms and conditions of this Agreement, or the rights and duties of the parties hereunder, then the prevailing party shall be entitled to recover all court costs and reasonable attorneys' fees. 13. Covenant Running with the Land. The provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and shall constitute a covenant running with the land. Notwithstanding the foregoing, in the event the Grantee is no longer utilizing the Easement for the express and limited purpose intended by this Agreement, the Easement shall terminate, this Agreement shall be of no further force or effect and the parties agree to execute a mutually acceptable termination of this Agreement and the Easement. 14. Not a Public Dedication. Nothing herein contained shall be deemed to be a dedication of any portion of UPD Property or any portion of the Access Easement Area to the general public, or for any public use or purpose whatsoever. Except as herein specifically provided, no right or privilege of any party hereto shall inure to the benefit of any third party nor shall any third party be deemed to be a beneficiary of any of the provisions contained herein. 15. HUD Required Provisions. Notwithstanding any provision in this Agreement to the contrary, any obligation of Grantor or its successors and assigns to indemnify the Grantee, its successors, its elected and appointed officials, employees, agents, contractors, representatives, and attorneys shall not apply to the United States Department of Housing and Urban Development("HUD") in the event HUD comes into possession or ownership of the Property but shall continue to apply to any successor in interest to HUD. Development Agreement—Applewood Pointe 37 IN WITNESS WHEREOF, Grantor and Grantee have executed and delivered this Agreement as of the date first written above. GRANTOR: UNITED PROPERTIES DEVELOPMENT LLC, a Minnesota limited liability company By: Name: Its: By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me, a notary public, this day of January, 2020, by and , the and , respectively of United Properties Development LLC, a Minnesota limited liability company, on behalf of the company. Notary Public Development Agreement—Applewood Pointe 38 DMNORTH#6791426 v2 GRANTEE: CITY OF EDEN PRAIRIE By: Name: Its: By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me, a notary public, this day of January, 2020, by Ronald A. Case, and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden Prairie Notary Public Development Agreement—Applewood Pointe 39 DMNORTH#6791426 v2 EXHIBIT A -1 Legal Description of UPD Property Lot 5, Block 1, Smith Village, and Outlot A, Legion Park, Hennepin County, Minnesota Torrens Property Development Agreement—Applewood Pointe 40 DMNORTH#6791426 v2 EXHIBIT B Legal Description of City Property That part of Tracts A and B described below: Tract A. The west 800 feet of the North Half of the Southwest Quarter of the Northwest Quarter of Section 16, Township 116 North,Range 22 West,Hennepin County,Minnesota; excepting therefrom the right of way of the Chicago and North Western Transportation Company(formerly the Minneapolis and St. Louis Railroad)as now located and established and that part of the east 740 feet of the Southeast Quarter of the Northeast Quarter of Section 17,Township 116 North, Range 22 West, Hennepin County, Minnesota, lying southerly and easterly of the southeasterly right of way line of the Chicago and North Western Transportation Company(formerly the Minneapolis and St. Louis Railroad) as now located and established and northerly of the northerly right of way line of Scenic Heights Road as now located and established, lying westerly of a line run parallel with and distant 100 feet southeasterly of the following described line: Beginning at a point on the east and west quarter line of said Section 17, distant 334.92 feet west of the east quarter corner thereof; thence run northeasterly at an angle of 57 degrees 06 minutes 56 seconds from said east and west quarter line (measured from east to north) for 1700 feet and there terminating; Tract B. Lots 17, 18, 19, 20 and 21, Block 1,Eden School Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County,Minnesota; which lies within Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B 18 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-84 as the same is on file and of record in the office of the County Recorder in and for said Hennepin County; thence southwesterly on an azimuth of 223 degrees 10 minutes 44 seconds along the boundary of said plat for 1497.23 feet to Right of Way Boundary Corner B17 and the point of beginning of Line 1 to be described; thence on an azimuth of 43 degrees 10 minutes 44 seconds along the boundary of said plat for 631.32 feet; thence on an azimuth of 202 degrees 38 minutes 18 seconds for 133.74 feet; thence on an azimuth of 213 degrees 42 minutes 09 seconds for 1495.75 feet; thence on an azimuth of 277 degrees 04 minutes 20 seconds for 363.00 feet; thence on an azimuth of 43 degrees 11 minutes 00 seconds for 1183.17 feet to the point of beginning; containing 6.55 acres,more or less; Development Agreement—Applewood Pointe 41 DMNORTH#6791426 v2 Development Agreement—Applewood Pointe 42 DMNORTH#6791426 v2 EXHIBIT C INGRESS/EGRESS EASEMENT DESCRIPTION A 22.00 foot wide perpetual easement for ingress and egress purposes over and across part of Outlot A and Lots 2 and 3, Block 1, all in LEGION PARK, Hennepin County, Minnesota. The centerline of said easement is described as follows: Commencing at the southwest corner of said Outlot A, thence on an assumed bearing of North 00 degrees 24 minutes 49 seconds East, along the west line of said Outlot A, a distance of 22.37 feet to the point of beginning of the centerline to be described; thence South 89 degrees 35 minutes 11 seconds East a distance of 171.27 feet; thence northeasterly a distance of 87.18 feet along a tangential curve concave to the northwest, having a radius of 111.00 feet and a central angle of 45 degrees 00 minutes 00 seconds; thence North 45 degrees 24 minutes 49 seconds East, tangent to said curve, a distance of 82.61 feet; thence northeasterly a distance of 76.74 feet along a tangential curve concave to the southeast, having a radius of 262.00 feet and a central angle of 16 degrees 46 minutes 58 seconds to a point of compound curvature; thence easterly a distance of 32.32 feet along a compound curve concave to the south, having a radius of 26.00 feet and a central angle of 71 degrees 13 minutes 49 seconds; thence South 46 degrees 34 minutes 24 seconds East, tangent to last described curve, a distance of 45.02 feet to a point hereinafter referred to as "Point A", and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said west line of Outlot A. AND A 10.00 foot wide perpetual easement for ingress and egress purposes over and across part of Lot 2, Block 1, LEGION PARK, Hennepin County, Minnesota. The centerline of said easement is described as follows: Commencing at the aforementioned "Point A"; thence North 43 degrees 25 minutes 36 seconds East a distance of 2.63 feet to the point of beginning of the centerline to be described; thence South 46 degrees 34 minutes 24 seconds East a distance of 4.11 feet; thence southeasterly a distance of 21.10 feet along a tangential curve concave to the northeast, having a radius of 55.00 feet and a central angle of 21 degrees 58 minutes 37 seconds; thence South 68 degrees 33 minutes 01 seconds East, tangent to said curve, a distance of 76.39 feet; thence southeasterly a distance of 18.75 feet along a tangential curve concave to the southwest, having a radius of 100.00 feet and a central angle of 10 degrees 44 minutes 38 seconds to the southeasterly line of said Lot 2 and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said southeasterly line of Lot 2. Development Agreement—Applewood Pointe 43 DMNORTH#6791426 v2 EXHIBIT D Depiction of Access Easement Area EDEN PRAIRIE ROAD L 1111 U 1111111111111111111 v_fr 1 1 I r 1 r ? 11 a U.•fi� +. pis... II .i........i.e.. ,...ru, I( 1. i m .ea OOMMONBONO — 1 71 ktoj -1": "Ii7i4744."...--' (L) M1y� ij F ' �� ^\"yk "tee. Ly f „, •41\ -. `i•. a .41 r 'is"n.vrr— S N. .s‘411.i4\:-:‘: N-_,,:l'''' 0 i In. N. V410101:// JO t -ir *6.* N. AP 'N •• 0/ '''. l'-:' ,... • ... / 'qa. ,,,3r4 al Fli ‘N., •-•.':••", 40 ''.-q I" I 40 80 \ N. \' 1 1 ENCH= 80 FEET \ (17"x 17") \\•:� Development Agreement—Applewood Pointe 44 DMNORTH #6791426 v2 EXHIBIT F DEVELOPMENT AGREEMENT - APPLEWOOD POINTE Legal Description of City Property That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22, described as follows: Commencing at the Northwest corner of said quarter quarter; thence South along the West line of said quarter quarter distant 316.0 feet to the actual point of beginning,thence East parallel with the North line of said quarter quarter distance 357.0 feet; thence South parallel with the West line of said quarter quarter distant 242.0 feet; thence West parallel with the North line of said quarter quarter distant 357.0 feet; thence North along the West line of said quarter quarter distant 242.0 feet to the point of beginning, Hennepin County, Minnesota. Development Agreement—Applewood Pointe 45 DMNORTH#6791426 v2 FIRST AMENDMENT TO ACCESS EASEMENT AND MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO ACCESS EASEMENT AND MAINTENANCE AGREEMENT ("Amendment"), dated as of , 2020, is entered into by and between UNITED PROPERTIES DEVELOPMENT LLC, a Minnesota limited liability company ("Grantor"), and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation ("Grantee"). RECITALS A. WHEREAS, Grantor and Grantee are parties to that certain Access Easement and Maintenance Easement Agreement dated as of August 9, 2019, filed in the office of the Registrar of Titles of Hennepin County, Minnesota on August 13, 2019, as Document No. T05634848 and filed in the office of the County Recorder of Hennepin County, Minnesota on August 13, 2019 as Document No. A10688504 (the "Original Agreement")under which Grantee obtained an easement for vehicular and pedestrian access to and from Eden Prairie Road over certain portions of the UPD Property identified in the Original Agreement(the "Access Easement Area"); B. WHEREAS, Grantor intends to convey a portion of the UPD Property to the Applewood Pointe Cooperative of Eden Prairie, a Minnesota cooperative corporation(the "Cooperative"); and C. WHEREAS, Grantor and Grantee desire to clarify their agreements with respect to certain provisions required by the Department of Housing and Urban Development ("HUD") as a condition of financing for the development of the Cooperative. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. HUD REQUIRED PROVISIONS A new Paragraph 15 is added to the Original Agreement, as follows: 15. HUD Required Provisions. Notwithstanding any provision in this Agreement to the contrary, any obligation of Grantor or its successors and assigns to indemnify the Grantee, its successors, its elected and appointed officials, employees, agents, contractors, representatives, and attorneys shall not apply to the United States Department of Housing and Urban Development ("HUD") in the event HUD comes into possession or ownership of the Property but shall continue to apply to any successor in interest to HUD. 3. DEFINED TERMS Capitalized terms used herein and not defined herein shall have the respective meanings ascribed thereto in the Original Agreement, unless the context requires otherwise. 4. APPLICABILITY AND BINDING EFFECT Except as specifically modified by this Amendment, the Original Agreement shall remain in full force and effect, and all of the rights, benefits, restrictions and obligations conferred by the Original Agreement, as amended, shall apply to Grantor and Grantee. 5. INCORPORATION OF RECITALS All recitals set forth in this Amendment are hereby incorporated herein as if fully set forth in(and shall be deemed to be a part of) this Amendment. [Remainder of Page Intentionally Left Blank.] -2- Signature page to First Amendment to Access Easement and Maintenance Agreement Grantor: Grantee: UNITED PROPERTIES DEVELOPMENT CITY OF EDEN PRAIRIE,.a Minnesota LLC, a Minnesota limited liability company municipal corporation By: Its L f Its: By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this )6 day of 2020, by Minic W• N EJ y , the E'XeC Alt wte PreSJbiorUnited operti s Development, LLC, a Minnesota limited liability company, on behalf of the company. 5 � � WENDY ARMITAGE 10 ,0' NOTARY PUBLIC j f, —'� MINNESOTA /l/I�JC! dukyr I � My Cemmissim Expires Dec.31.2020 NotarOblic STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2020, by , the of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ) • The foregoing instrument was acknowledged before me this day of , 2020, by _ , the - of the City of 1 Eden Prairie, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public -3- FIRST AMENDMENT TO ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY THIS FIRST AMENDMENT TO ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY ("Amendment"), dated as of , 2020, is entered into by and between UNITED PROPERTIES DEVELOPMENT LLC, a Minnesota limited liability company (the "Owner"), and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (the "City"). RECITALS A. Owner and City are parties to that certain Encroachment Agreement for Private Use of Public Property dated as of August 9, 2019, filed in the office of the Registrar of Titles of Hennepin County, Minnesota as instrument number T05634849 and filed in the office of the County Recorder of Hennepin County, Minnesota as instrument number A10688505 on August 13, 2019 and re-recorded as instrument number T05638968 in the Office of the Registrar of Titles of Hennepin County, Minnesota and Instrument No. A10694166 of the Office of the County Recorder of Hennepin County, Minnesota on August 27, 2019 (the "Original Agreement"). B. Owner intends to construct a 100-unit multifamily cooperative (the "Owner's Project") which it intends to convey to the Applewood Pointe Cooperative of Eden Prairie, a Minnesota cooperative corporation (the "Cooperative"). C. Owner and City desire to clarify their agreements with respect to removal of the sidewalk from the Public Property in Paragraph 10 and with respect to certain provisions required by the Department of Housing and Urban Development ("HUD") as a condition of financing for the development of the Cooperative. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. SIDEWALK REMOVAL Paragraph 10 of the Original Agreement is hereby amended and restated in its entirety, as follows: 10. TERMINATION OF AGREEMENT. Notwithstanding anything to the contrary contained in this Agreement, the City may terminate this Agreement on sixty (60) days written notice to Owner (the "Termination Notice"). Within sixty (60) days of the date of the Termination Notice, the Owner shall remove the sidewalk from the Public Property. The Owner shall not be permitted to increase the amount or scope of the encroachment. At any time that: (a) Owner's Project is encumbered by a mortgage securing a note held or endorsed for mortgage insurance by the United States Department of Housing and Urban Development ("HUD"); or (b) HUD is the fee simple owner of the Owner's Project, notwithstanding anything contained in this Encroachment Agreement to the contrary, the City agrees that it shall not exercise its rights to require removal of the sidewalk from the Public Property without the prior written consent of HUD. 2. HUD REQUIRED PROVISIONS A new Paragraph 15 is added to the Original Agreement, as follows: 15. HUD REQUIRED PROVISIONS. Notwithstanding any provision in this Agreement to the contrary, any obligation of Owner or its successors and assigns to indemnify the City, its successors, its elected and appointed officials, employees, agents, contractors, representatives, and attorneys shall not apply to the United States Department of Housing and Urban Development ("HUD") in the event HUD comes into possession or ownership of the Property but shall continue to apply to any successor in interest to HUD. 3. DEFINED TERMS Capitalized terms used herein and not defined herein shall have the respective meanings ascribed thereto in the Original Agreement, unless the context requires otherwise. 4. APPLICABILITY AND BINDING EFFECT Except as specifically modified by this Amendment, the Original Agreement shall remain in full force and effect, and all of the rights, benefits, restrictions and obligations conferred by the Original Agreement, as amended, shall apply to Owner and City. -2- 5. INCORPORATION OF RECITALS All recitals set forth in this Amendment are hereby incorporated herein as if fully set forth in(and shall be deemed to be a part of) this Amendment. [Remainder of Page Intentionally Left Blank.] -3- Signature Page to First Amendment to Encroachment Agreement for Private Use of Public Property Owner: City: UNITED PROPERTIES DEVELOPMENT CITY OF EDEN PRAIRIE,,a Minnesota LLC, a Minnesota limited liability company municipal corporation /1 y By: Its Its: By: Its: STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this 1d day of (A,M,w , 2020, by Mai* U1. OtiSon , the kkec i4 ve {]kc( Pfr.s;c1 1,(tof United l' opertig Development, LLC, a Minnesota limited liability company, on behalf of the company. 6..„„)::(4 x9 ?,a WENDY ARMITAGE NOTARY PUBIC Q� 'i MINNESOTA MyCommissianExpises Dec.31,2020 Notary ub c STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2020, by , the of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this,Jay of , 2020, by - , the of the-City of Eden Prairie, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public -4- EXHIBIT A Legal Description of UPD Property Lot 5, Block 1, Smith Village, and Outlot A, Legion Park, Hennepin County, Minnesota Torrens Property EXHIBIT B Legal Description of Public Property and Plan That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22, described as follows: Commencing at the Northwest corner of said quarter quarter; thence South along the West line of said quarter quarter distant 316.0 feet to the actual point of beginning, thence East parallel with the North line of said quarter quarter distance 357.0 feet; thence South parallel with the West line of said quarter quarter distant 242.0 feet; thence West parallel with the North line of said quarter quarter distant 357.0 feet; thence North along the West line of said quarter quarter distant 242.0 feet to the point of beginning, Hennepin County, Minnesota. The "Plan" Depiction is on the following page. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber First Reading of an Ordinance Amending VIII.D. Police Department City Code Chapter 5, Section 5.46 Relating to the Regulation of Therapeutic Massage Enterprises and Massage Therapists Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 5, Section 5.46 Relating to the Regulation of Therapeutic Massage Enterprises and Massage Therapists. Synopsis Section 5.46 of the City Code imposes a licensing scheme on Therapeutic Massage Enterprises and Massage Therapists. Currently, Section 5.46 provides that the City Council is responsible for issuing or denying massage license applications. The proposed ordinance amends Section 5.46 to allow the Police Chief to issue or deny such applications. This amendment will make Section 5.46 consistent with other business licensing sections of Chapter 5, which also provide for issuance or denial by the Police Chief. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That City Code Chapter 5, Section 5.46, Subdivision 6, is hereby amended by deleting subsection H in its entirety and replacing it with the following: H. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection G above, an initial application for a license under this Section shall be endorsed by the Chief of Police for issuance or denial within thirty(30)days after the application and criminal history check are deemed to be complete. 1. Issuance. Upon the Chief of Police's endorsement of his/her approval of an application and the applicant's payment of the license fee,the City shall issue and mail a license certificate to the applicant at the address noted in the application. 2. Denial. The Chief of Police may deny a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of an application shall be communicated to the applicant in writing, including findings supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the application. An applicant may appeal a denial by submitting a hearing request to the Chief of Police within ten(10) days of the date of the notice of denial. If a hearing request is not received by the Chief of Police within ten (10) days of the date contained in the notice, the applicant's right to a hearing shall be deemed waived. If timely requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 8.B.2 and 8.B.3 of this Section. Section 2. That City Code Chapter 5, Section 5.46, Subdivision 6, is hereby amended by deleting subsection J in its entirety and replacing it with the following: J. Renewal of License. Applications for renewal of all licenses issued under this Section shall be made at least sixty(60) days prior to the date of expiration of the license and shall contain such information as is required by the City. After the information on the renewal application has been verified as correct by the City pursuant to subsection G above, a renewal application for a license under this Section will be presented to the Chief of Police for issuance or denial in accordance with the procedures set forth in subsection H above. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21St day of January, 2020, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2020. Kathleen Porta, City Clerk Brad Aho, Acting Mayor Published in the Eden Prairie News on the day of , 2020. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #18821 ITEM NO.: Carter Schulze Approve Cooperative Construction VIII.E. Public Works/Engineering Agreement 1035808 with the State of Minnesota Related to the Traffic Management System and Signal Optimization Project Requested Action Move to: Adopt resolution approving Cooperative Construction Agreement No. 1035808 with the State of Minnesota related to the Traffic Management System and Signal Optimization Project. Synopsis This Agreement provides for the payment responsibilities to the State of Minnesota of the City's and County's shares of the cost of the Signal System Revisions construction to be performed as part of state project No. SP 8825-629. Background The Department of Transportation secured federal funding for this project through the Congestion Mitigation and Air Quality (CMAQ) program. As part of this project, the State will perform traffic management system updates, traffic control signal system revisions, signal optimization and timing and infrastructure construction, which will improve the operation, safety and management of the multi-modal transportation network within the Eden Prairie's busy Major Center Area. The project is scheduled for 2020. Financial Implications The CMAQ funding will be used to reduce City eligible costs. Federal aid funds will be applied at a rate of 80% and are capped at a total of$1,440,000. The City's estimated construction costs minus anticipated Federal Aid is $131,334.98. These funds will be drawn from the Transportation Fund. Attachments Resolution Cooperative Construction Agreement No. 1035808 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2020- APPROVE STATE OF MINNESOTA COOPERATIVE CONSTRUCTION AGREEMENT NO. 1035808 FOR THE CITY REIMBURSEMENT OF THE TRAFFIC MANAGEMENT SYSTEM AND SIGNAL OPTIMIZATION PROJECT WITHIN THE MAJOR CENTER AREA WHEREAS, the State of Minnesota Department of Transportation intends to install signal system connection infrastructure and revise the traffic control signal system upon, along and adjacent to Trunk Highway No. 494 and Trunk highway No. 212 and located on Flying Cloud Drive from Pioneer Trail to Valley View Road and on Valley View Road from Prairie Center Drive to Flying Cloud Drive and on Prairie Center Drive from Technology Drive to Valley View Road according to State-prepared plans; and WHEREAS,the City will reimburse the State for its share of construction costs. NOW, THEREFORE, be it resolved by the City Council of the City of Eden Prairie that said MnDOT Agreement No. 1035808 is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 21, 2020. Brad Aho,Acting Mayor ATTEST: SEAL Kathleen Porta, City Clerk MnDOT Contract No.: 1035808 Hennepin County Agreement No.: STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF EDEN PRAIRIE And HENNEPIN COUNTY COOPERATIVE CONSTRUCTION AGREEMENT State Project Number(S.P.): 8825-629 Total City Obligation Trunk Highway Number(T.H.): 1-494& US-212 $506,577.78 State Aid Project Number(S.A.P.): 181-030-003 Anticipated City Federal Aid State Aid Project Number(S.A.P.): 027-661-056 State Aid Project Number(S.A.P.): 027-639-008 $375,242.80 Federal Project Number: CMAQ 8820(100) City Non-Federal Aid Signal System "K" ID: 1735835 $131,334.98 Signal System "P" ID: 1736201 Signal System "Q" ID: 1736202 Signal System "T" ID: 1736155 Total County Obligation Signal System "U" ID: 1736154 $927,324.54 Signal System "W" ID: 1735778 Anticipated County Federal Aid Signal System "X" ID: 1735777 $667,887.23 Signal System "BB" ID: 1736312 County Furnished Materials Credit $184,649.04 County Non-Federal Aid $74,788.27 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"),the City of Eden Prairie acting through its City Council ("City"), and Hennepin County acting through its Board of Commissioners ("County"). Recitals 1. The State will perform TMS, traffic control signal system revisions, signal optimization, and timing construction and other associated construction upon, along, and adjacent to Trunk Highway No. 494 and Trunk Highway No. 212 and located on Flying Cloud Drive (County State Aid Highway No. (C.S.A.H.) 61) from Pioneer Trail (C.S.A.H. 1)to Valley View Road (C.S.A.H. 39) and on Valley View Road (C.S.A.H. 39)from Prairie Center Drive to Flying Cloud Drive (C.S.A.H. 61) and on Prairie Center Drive from Technology Drive to Valley View Road according to State-prepared plans, specifications, and special provisions designated by the State as State Project No. 8825-629 ("Project"); and 2. The City and County have requested the State include in its Project traffic control signal system revision construction; and 3. The City and County wish to participate in the costs of the traffic control signal system revision construction and associated construction engineering; and -1- Receivable Standard Federal Aid (Cooperative Agreements) MnDOT Contract No.: 1035808 Hennepin County Agreement No.: 4. The federally eligible City and County participation construction will be reduced by the amount of Federal aid funding received for said construction; and 5. The County will furnish cabinets, controllers and related equipment for County-owned signals, and 6. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement;Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation,the following clauses: 9. Liability; Worker Compensation Claims; 11. State Audits; 12. Government Data Practices; 13. Governing Law;Jurisdiction; Venue; and 15. Force Majeure. The terms and conditions set forth in Article 3. Signal Systems and EVP Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans,Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the State as State Project No. 8825-629 are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and County Traffic Engineer and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction,Supervision, and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction.All contract construction will be performed according to the Project Plans. B. Inspection by the City and County.The City and County participation construction covered under this Agreement will be open to inspection by the City and County. If the City or County believes the City or County participation construction covered under this Agreement has not been properly performed or that the construction is defective,the City or County will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City or County are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City and County participation construction covered under this Agreement. -2- Receivable Standard Federal Aid (Cooperative Agreements) MnDOT Contract No.: 1035808 Hennepin County Agreement No.: 2.3. Plan Changes,Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction,which may include the City or County participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner.The State District Engineer's authorized representative will inform the appropriate City or County official of any proposed addenda and change orders to the construction contract that will affect the City or County participation construction covered under this Agreement. B. The City or County may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s)with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project,the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Permits. A. The City and County will submit to the State's Utility Engineer an original permit application for all utilities owned by the City or County to be constructed hereunder that are upon and within the Trunk Highway Right-of-Way. Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right-of-Way" (Form 2525). 2.6. Replacement of Castings. Adjustments to certain City or County-owned facilities, including but not limited to,valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract.The City or County will furnish the contractor with new units and/or parts for those in place City-owned or County-owned facilities when replacements are required and not covered by a contract pay item,without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3. Signal Systems and EVP Systems Operation and Maintenance All operation and maintenance terms, including timing and power provisions,for the following signal systems will remain in full force and effect. Signal Signal Existing System System ID Location Agreement Executed Date "K" 1735835 T.H. 494 E Ramp and C.S.A.H. 61 1028709 August 17, 2017 "P" 1736201 T.H. 212 S Ramp and Prairie Center Drive 77162 February 27, 1998 "0" 1736202 T.H. 212 N Ramp and Prairie Center Drive 77162 February 27, 1998 "T" 1736155 T.H. 494 W Ramp and Valley View Drive 77454 March 24, 1999 "U" 173654 T.H. 494 E Ramp and Valley View Drive 77454 March 24, 1999 61217 and February 17, 1983 and I "W" 1735778 T.H. 212 W Ramp and Valley View Drive 80362 I August 8, 2000 -3- Receivable Standard Federal Aid (Cooperative Agreements) MnDOT Contract No.: 1035808 Hennepin County Agreement No.: "X" 1735777 T.H. 212 E Ramp and Valley View Drive 1028709 April 17, 2017 "BB" 1736312 T.H. 494 N Ramp and Prairie Center Drive 83027 April 18, 2002 4. Basis of City Cost 4.1. Schedule "I".The Preliminary Schedule "I" includes all anticipated City participation construction items and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. City Participation Construction. The City will participate in the following at the percentages indicated.The construction includes the City's proportionate share of item costs for mobilization and traffic control. It is anticipated that Federal aid funding will be available to the City as defined below.The City may be billed for the match of their cost participation as shown on the Schedule "I". City costs will include an amount equal to all anticipated Federal aid funding not applied to the federally eligible City participation construction and associated construction engineering. A. 100 Percent will be the City's rate of cost participation in all of the Prairie Center Drive traffic control signal system revision construction.The construction includes, but is not limited to,those construction items tabulated on Sheet No. 2 of the Preliminary Schedule "I". Federal aid funds will be applied at a rate of 80 Percent.The Federal aid funds are capped at a total of$1,440,000.00 for all parties, and may be modified at the time of award. 4.3. Federal Aid Distribution. Federal Aid rate will be applied equally to each party's eligible construction. 4.4. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of the total City participation construction covered under this Agreement. 4.5. Plan Changes,Additional Construction, Etc. The City will share in the costs of construction contract addenda and change orders that are necessary to complete the City participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders and associated construction engineering before the completion of the contract construction. 4.6. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 5. Basis of County Cost 5.1. Schedule "I".The Preliminary Schedule "I" includes all anticipated County participation construction items, County Furnished Materials lump sum amounts and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 5.2. County Participation Construction. The County will participate in the following at the percentages indicated.The construction includes the County's proportionate share of item costs for mobilization and traffic control. It is anticipated that Federal aid funding will be available to the County as defined below. The County may be billed for the match of their cost participation as shown on the Schedule "I". County -4- Receivable Standard Federal Aid (Cooperative Agreements) MnDOT Contract No.: 1035808 Hennepin County Agreement No.: costs will include an amount equal to all anticipated Federal aid funding not applied to the federally eligible County participation construction and associated construction engineering. A. 100 Percent will be the County's rate of cost participation in all of the C.S.A.H. 39 and C.S.A.H. 61 traffic control signal system revision construction.The construction includes, but is not limited to,those construction items tabulated on Sheets No. 3 through No. 5 of the Preliminary Schedule "I". Federal aid funds will be applied at a rate of 80 Percent.The Federal aid funds are capped at a total of $1,440,000.00 for all parties, and may be modified at the time of award. 5.3. County Furnished Materials. The County will furnish cabinets, controllers, and other related equipment ("County Furnished Materials"), according to the Project Plans,to operate the County's traffic control signal systems.The County's lump sum value for County Furnished Materials is$184,649.04 as shown on Sheet No. 7 of the Preliminary Schedule "I".The County's total cost for County Furnished Materials will be subtracted from the County's total construction cost share as shown in the Schedule "I" after Federal aid funds are applied at a rate of 80 Percent.The Federal aid funds are capped at$1,440,000.00, and may be modified at the time of award. 5.4. Federal Aid Distribution. Federal Aid rate will be applied equally to each party's eligible construction. 5.5. Construction Engineering Costs. The County will pay a construction engineering charge equal to 8 percent of the total County participation construction covered under this Agreement. 5.6. Plan Changes,Additional Construction, Etc.The County will share in the costs of construction contract addenda and change orders that are necessary to complete the County participation construction covered under this Agreement, including any County requested additional work and plan changes. The State reserves the right to invoice the County for the cost of any additional County requested work and plan changes, construction contract addenda, change orders and associated construction engineering before the completion of the contract construction. 5.7. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 6. City and County Cost and Payment by the City and County 6.1. City Cost. $506,577.78 is the City's estimated share of the costs of the contract construction, including Federal aid, and the 8 percent construction engineering cost share as shown in the Preliminary Schedule "I".The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract,the State will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 6.2. County Cost. $927,324.54 is the County's estimated share of the costs of the contract construction, including Federal aid, and the 8 percent construction engineering cost share as shown in the Preliminary Schedule "I".The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract,the State will prepare a Revised Schedule "I" based on construction contract unit prices,which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. -5- Receivable Standard Federal Aid (Cooperative Agreements) MnDOT Contract No.: 1035808 Hennepin County Agreement No.: 6.3. Conditions of Payment. The City and County will pay the State the City's and County's total estimated construction and construction engineering cost share, minus anticipated Federal aid, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City and the County, including a copy of the Revised Schedule "I". B. The City's and County's receipt of a written request from the State for the advancement of funds. 6.4. Acceptance of the City's and County's Cost and Completed Construction. The computation by the State of the amount due from the City and County will be final, binding and conclusive.Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the City and the County as to the satisfactory completion of the contract construction. 6.5. Final Payment by the City and County. Upon completion of all contract construction and upon computation of the final amount due the State's contractor and determination by the Federal Highway Administration of the amount of its reimbursement to the State, the State will prepare a Final Schedule "I" and submit a copy to the City and County.The Final Schedule "I"will be based on final quantities, and include all City and County participation construction items and the construction engineering cost share covered under this Agreement.The Final Schedule "I" may also include City and County costs in an amount equal to all Federal aid funding not applied to the federally eligible City and County participation construction, County Furnished Materials, and associated construction engineering. If the final cost of the City or County participation construction exceeds the amount of funds advanced by the City or County,the City or County will, respectively, pay the difference to the State without interest. If the final cost of the City or County participation construction is less than the amount of funds advanced by the City or County for their respective construction, the State will refund the difference to the City or County without interest. The State and the City and the County waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 7. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 7.1. The State's Authorized Representative will be: Name,Title: Malaki Ruranika, Cooperative Agreements Engineer(or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 7.2. The City's Authorized Representative will be: Name,Title: Carter Schulze,Assistant City Engineer(or successor) Address: 8080 Mitchell Road, Eden Prairie, MN 55344 Telephone: (952) 949-8339 E-Mail: cschulze@edenprairie.org -6- Receivable Standard Federal Aid (Cooperative Agreements) MnDOT Contract No.: 1035808 Hennepin County Agreement No.: 7.3. The County's Authorized Representative will be: Name,Title: Ryan Allers, Senior Project Engineer(or successor) Address: 1600 Prairie Drive, Medina, MN 55340 Telephone: (612) 596-0396 E-Mail: ryan.allers@hennepin.us 8. Assignment;Amendments;Waiver; Contract Complete 8.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 8.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 8.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State,the City, and the County. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 9. Liability;Worker Compensation Claims 9.1. Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and County. 9.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 10. Nondiscrimination Provisions of Minnesota Statutes§ 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 11. State Audits Under Minnesota Statutes § 16C.05, subdivision 5,the City's and County's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 12. Government Data Practices The City, County, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City or County under this Agreement.The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City,the County, or the State. -7- Receivable Standard Federal Aid (Cooperative Agreements) MnDOT Contract No.: 1035808 Hennepin County Agreement No.: 13. Governing Law;Jurisdiction;Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement.Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination;Suspension 14.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 14.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project.Termination must be by written or fax notice to the City and County. 14.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 15. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather,fire,floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -8- Receivable Standard Federal Aid (Cooperative Agreements) MnDOT Contract No.: 1035808 Hennepin County Agreement No.: CITY OF EDEN PRAIRIE DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: (District Engineer) By: Date: Title: Approved: Date: By: (State Design Engineer) By: Date: Title: Date: COMMISIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -9- Receivable Standard Federal Aid (Cooperative Agreements) MnDOT Contract No.: 1035808 Hennepin County Agreement No.: HENNEPIN COUNTY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. Approved: By: (Chair of County Board) Date And: (County Administrator) Date And: (Assistant County Administrator, Public Works) Date Approved as to form: By: (Assistant County Attorney) Date Approved as to execution: By: (Assistant County Attorney) Date Attest by: (Deputy/Clerk of County Board) Date Recommended for Approval: By: (Director,Transportation Project Delivery Department) Date INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -10- Receivable Standard Federal Aid (Cooperative Agreements) PRELIMINARY SCHEDULE"I" Agreement No.1035808 Ci of Eden Prairie and Henne'in Coun S.P.8825-629(T.H.I-494&US 212) S.A.P.027-661-056 Preliminary:December 31,2019 S.A.P.181-030-003 S.A.P.027-639-008 Fed.Proj.CMAQ 8820(100) TMS,traffic control signal system revisions and signal optimization and timing construction to start approximately April 13,2020 under State Contract No. with located on Flying Cloud Drive(C.S.A.H.61)from Pioneer Trail(C.S.A.H.1)to Valley View Road(C.S.A.H.39)and on Valley View Road(C.S.A.H.39) from Prairie Center Drive to Flying Cloud Drive(C.S.A.H.61)and on Prairie Center Drive from Technology Drive to Valley View Road CITY COST PARTICIPATION TOTALS S.P. Federal Aid Match Federal Aid No Federal Aid 20 Percent 80 Percent S.A.P.181-030-003 Prairie Center Drive(From Sheet No.2) 0.00 93,810.70 375,242.80 Construction Subtotal $0.00 $93,810.70 $375,242.80 Anticipated Total City Construction Costs $469,053.50 Construction Engineering(8%) 37,524.28 37,524.28 (1)Total City Obligation $506,577.78 Total Anticipated Federal Aid ($375,242.80) (2)Total City Obligation minus Anticipated Federal Aid $131,334.98 • COUNTY COST PARTICIPATION TOTALS S.P. Federal Aid Match Federal Aid No Federal Aid 20 Percent 80 Percent S.A.P.027-639-008 C.S.A.H.39(From Sheet No.3) 0.00 43,631.35 174,525.40 S.A.P.027-661-056 C.S.A.H.61(From Sheet No.4) 0.00 86,410.65 345,642.60 100%County Construction(From Sheet No.5) 37,452.50 Construction Subtotals $37,452 50 $130,042.00 $520,168.00 Anticipated Total County Construction Costs $687,662.50 Construction Engineering(8%) 55,013.00 55,013.00 County Furnished Materials(From Sheet No.7)(Lump Sum) 184,649.04 0.00 36,929.81 147,719.23 (1)Total County Obligation $927,324.54 Total Anticipated Federal Aid ($667,887.23) $667,887.23 Total County Furnished Materials(From Sheet No.5)(Lump Sum) ($184,649.04) (2)Total County Obligation minus Anticipated Federal Aid $74,788.27 (1)Amount of total cost obligation as described in Article 6.1 and 6.2 of the Agreement(estimated amount) (2)Amount of advance payment as described in Article 6.3 of the Agreement(estimated amount) STATE COST PARTICIPATION TOTALS S.P. Federal Aid Match Federal Aid No Federal Aid 20 Percent 80 Percent S.P.8825-629 Signal Systems(From Sheet No.6) 0.00 24,714.15 98,856.60 State Furnished Materials(From Sheet No.7) 35,198.99 38,543.16 154,172.66 Construction Subtotals $35,198.99 $63,257.31 $253,029.26 Anticipated Total State Construction Costs $351,485.56 Total State Obligation $351,485.56 Total Anticipated Federal Aid ($253,029.26) Total State Obligation minus Anticipated Federal Aid $98,456.30 TOTAL FEDERAL COST PARTICIPATION TOTALS State County City Total Federal Funds Capped At$1,440,000.00 $1,296,159.29 253,029.26 667,887.23 375,242.80 Rate of Federal Participation 80.0% Data is considered Non-public prior to project award. -1- (1)20%CITY, 80%FEDERAL 1035808 ITEM S.P.8825-629; S.A.P. 181-030-003 k QUANTITY UNIT PRICE COST NUMBER i PRAIRIE CENTER DRIVE WORK ITEMS (1) 2011.601 AS BUILT LUMP SUM 0.30 10,000.00 3,000.00 2021.501 MOBILIZATION LUMP SUM 0.29 57,900.00 16,791.00 2104.518 REMOVE BITUMINOUS WALK SQ FT 50.00 1.00 50.00 2104.518 REMOVE CONCRETE WALK SQ FT 970.00 1.50 1,455.00 2521.518 4" CONCRETE WALK SQ FT 970.00 10.00 9,700.00 2521.518 4"BITUMINOUS WALK SQ FT 50.00 4.00 200.00 2550.502 OUTDOOR FIBER SPLICE ENCLOSURE EACH 8.00 1,600.00 12,800.00 2550.502 BURIED CABLE SIGN EACH 11.00 130.00 1,430.00 2550.503 1.25"NON-METALLIC CONDUIT LIN FT 215.00 3.25 698.75 2550.601 FIBER OPTIC CABLE TESTING LUMP SUM 0.30 30,000.00 9,000.00 2550.602 FIBER OPTIC SPLICE/PATCH PANEL EACH 8.00 5,200.00 41,600.00 2550.602 FIBER OPTIC PIGTAIL TERMINATION EACH 8.00 1,000.00 8,000.00 2550.602 FIBER OPTIC CABLE SPLICING EACH 9.00 1,500.00 13,500.00 2550.602 CORE DRILL HOLE EACH 3.00 400.00 1,200.00 2550.603 FIBER OPTIC TRUNK CABLE 48SM LIN FT 1,600.00 1.50 2,400.00 2550.603 FIBER OPTIC TRUNK CABLE 144SM LIN FT 13,225.00 2.75 36,368.75 2550.603 1.25"BORED CONDUIT LIN FT 12,925.00 15.00 193,875.00 2550.603 2"BORED CONDUIT LIN FT 270.00 17.00 4,590.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.29 28,000.00 8,120.00 2565.601 SIGNAL OPTIMIZATION&TIMING LUMP SUM 0.40 56,000.00 22,400.00 2565.602 SPECIAL HANDHOLE EACH 11.00 1,300.00 14,300.00 2565.616 REVISE SIGNAL SYSTEM D SYSTEM 1.00 5,000.00 5,000.00 2565.616 REVISE SIGNAL SYSTEM L SYSTEM 1.00 5,000.00 5,000.00 2565.616 REVISE SIGNAL SYSTEM M SYSTEM 1.00 12,525.00 12,525.00 2565.616 REVISE SIGNAL SYSTEM N SYSTEM 1.00 12,525.00 12,525.00 2565.616 REVISE SIGNAL SYSTEM 0 SYSTEM 1.00 5,000.00 5,000.00 2565.616 REVISE SIGNAL SYSTEM Y SYSTEM 1.00 7,525.00 7,525.00 2565.616 REVISE SIGNAL SYSTEM Z SYSTEM 1.00 5,000.00 5,000.00 2565.616 REVISE SIGNAL SYSTEM AA SYSTEM 1.00 5,000.00 5,000.00 2565.616 REVISE SIGNAL SYSTEM CC SYSTEM 1.00 5,000.00 5,000.00 2565.616 REVISE SIGNAL SYSTEM DD SYSTEM 1.00 5,000.00 5,000.00 TOTAL $469,053.50 (1) 20%CITY MATCH $93,810.70 80%FEDERAL $375,242.80 (capped) 100%CITY $0.00 Data is considered Non-public prior to project award. -2- (2)20%COUNTY, 80%FEDERAL 1035808 ITEM S.P.8825-629; S.A.P.027-639-008 Ilii QUANTITY UNIT PRICE COST C.S.A.H.39 WORK ITEMS = - (2) 2011.601 AS BUILT LUMP SUM 0.20 10,000.00 2,000.00 2021.501 MOBILIZATION LUMP SUM 0.17 57,900.00 9,843.00 2104.518 REMOVE BITUMINOUS WALK SQ FT 450.00 1.00 450.00 2521.518 4"BITUMINOUS WALK SQ FT 450.00 4.00 1,800.00 2550.502 OUTDOOR FIBER SPLICE ENCLOSURE EACH 5.00 1,600.00 8,000.00 2550.502 BURIED CABLE SIGN EACH 6.00 130.00 780.00 2550.503 1.25"NON-METALLIC CONDUIT LIN FT 1,995.00 3.25 6,483.75 2550.503 1.5"NON-METALLIC CONDUIT LIN FT 160.00 3.25 520.00 2550.601 FIBER OPTIC CABLE TESTING LUMP SUM 0.20 30,000.00 6,000.00 2550.602 FIBER OPTIC SPLICE/PATCH PANEL EACH 3.00 5,200.00 15,600.00 2550.602 FIBER OPTIC PIGTAIL TERMINATION EACH 3.00 1,000.00 3,000.00 2550.602 FIBER OPTIC CABLE SPLICING EACH 3.00 1,500.00 4,500.00 2550.602 CORE DRILL HOLE EACH 2.00 400.00 800.00 2550.603 ARMORED FIBER OPTIC PIGTAIL 6SM LIN FT 250.00 2.50 625.00 2550.603 FIBER OPTIC TRUNK CABLE 48SM LIN FT 500.00 1.50 750.00 2550.603 FIBER OPTIC TRUNK CABLE 144SM LIN FT 7,600.00 2.75 20,900.00 2550.603 1.25"BORED CONDUIT LIN FT 5,440.00 15.00 81,600.00 2550.603 2"BORED CONDUIT LIN FT 110.00 17.00 1,870.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.17 28,000.00 4,760.00 2565.601 SIGNAL OPTIMIZATION&TIMING LUMP SUM 0.10 56,000.00 5,600.00 2565.602 SPECIAL HANDHOLE EACH 9.00 1,300.00 11,700.00 2565.616 REVISE SIGNAL SYSTEM R SYSTEM 1.00 12,525.00 12,525.00 2565.616 REVISE SIGNAL SYSTEM S SYSTEM 1.00 5,525.00 5,525.00 2565.616 REVISE SIGNAL SYSTEM V SYSTEM 1.00 12,525.00 12,525.00 TOTAL $218,156.75 (2) 20%COUNTY $43,631.35 80%FEDERAL $174,525.40 (capped) 100%COUNTY $0.00 Data is considered Non-public prior to project award. -3 - (2)20%COUNTY, 80%FEDERAL 1035808 ITEM S.P.8825-629; S.A.P.027-661-056 GO QUANTITY UNIT PRICE COST C.S.A.H.61 WORK ITEMS = - (2) 2011.601 AS BUILT LUMP SUM 0.40 10,000.00 4,000.00 2021.501 MOBILIZATION LUMP SUM 0.36 57,900.00 20,844.00 2104.518 REMOVE BITUMINOUS WALK SQ FT 400.00 1.00 400.00 2104.518 REMOVE CONCRETE WALK SQ FT 72.00 1.50 108.00 2521.518 4" CONCRETE WALK SQ FT 72.00 10.00 720.00 2521.518 4"BITUMINOUS WALK SQ FT 400.00 4.00 1,600.00 2550.502 OUTDOOR FIBER SPLICE ENCLOSURE EACH 8.00 1,600.00 12,800.00 2550.502 BURIED CABLE SIGN EACH 10.00 130.00 1,300.00 2550.503 3"RIGID STEEL CONDUIT LIN FT 25.00 20.00 500.00 2550.503 1.25"NON-METALLIC CONDUIT LIN FT 10,220.00 3.25 33,215.00 2550.503 2"NON-METALLIC CONDUIT LIN FT 25.00 6.00 150.00 2550.601 FIBER OPTIC CABLE TESTING LUMP SUM 0.40 30,000.00 12,000.00 2550.602 FIBER OPTIC SPLICE/PATCH PANEL EACH 9.00 5,200.00 46,800.00 2550.602 FIBER OPTIC PIGTAIL TERMINATION EACH 9.00 1,000.00 9,000.00 2550.602 FIBER OPTIC CABLE SPLICING EACH 8.00 1,500.00 12,000.00 2550.602 CORE DRILL HOLE EACH 1.00 400.00 400.00 2550.603 FIBER OPTIC TRUNK CABLE 48SM LIN FT 1,475.00 1.50 2,212.50 2550.603 FIBER OPTIC TRUNK CABLE 144SM LIN FT 18,145.00 2.75 49,898.75 2550.603 1.25"BORED CONDUIT LIN FT 7,295.00 15.00 109,425.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.36 28,000.00 10,080.00 2565.601 SIGNAL OPTIMIZATION&TIMING LUMP SUM 0.30 56,000.00 16,800.00 2565.602 SPECIAL HANDHOLE EACH 13.00 1,300.00 16,900.00 2565.616 REVISE SIGNAL SYSTEM A SYSTEM 1.00 12,525.00 12,525.00 2565.616 REVISE SIGNAL SYSTEM B SYSTEM 1.00 8,875.00 8,875.00 2565.616 REVISE SIGNAL SYSTEM C SYSTEM 1.00 8,875.00 8,875.00 2565.616 REVISE SIGNAL SYSTEM E SYSTEM 1.00 8,275.00 8,275.00 2565.616 REVISE SIGNAL SYSTEM F SYSTEM 1.00 8,275.00 8,275.00 2565.616 REVISE SIGNAL SYSTEM G SYSTEM 1.00 8,275.00 8,275.00 2565.616 REVISE SIGNAL SYSTEM H SYSTEM 1.00 7,525.00 7,525.00 2565.616 REVISE SIGNAL SYSTEM I SYSTEM 1.00 8,275.00 8,275.00 r TOTALW $432,053.25 (2) 20%COUNTY MATCH $86,410.65 80%FEDERAL $345,642.60 (capped) 100%COUNTY $0.00 Data is considered Non-public prior to project award. -4- (3) 100%COUNTY 1035808 ITEM S.P.8825-629 UNI QUANTITY UNIT PRICE COST WORK ITEM 2550.503 POWER CABLE 1 CONDUCTOR NO 12 LIN FT 23,425.00 0.80 18,740.00 2550.603 1.25"NON-METALLIC CONDUIT SPECIAL LIN FT 24,950.00 0.75 18,712.50 r TOTAL y $37,452.50 (3) 100%COUNTY $37,452.50 Data is considered Non-public prior to project award. -5 - (4)20%STATE,80%FEDERAL 1035808 ITEM S.P.8825-629 GO QUANTITY UNIT PRICE COS WORK ITEMS 2011.601 AS BUILT LUMP SUM 0.10 10,000.00 1,000.00 2021.501 MOBILIZATION LUMP SUM 0.18 57,900.00 10,422.00 2550.502 BURIED CABLE SIGN EACH 48.00 130.00 6,240.00 2550.503 1.5"NON-METALLIC CONDUIT LIN FT 2,175.00 3.25 7,068.75 2550.503 2"NON-METALLIC CONDUIT LIN FT 75.00 6.00 450.00 2550.601 FIBER OPTIC CABLE TESTING LUMP SUM 0.10 30,000.00 3,000.00 2550.602 INSTALL FIBER OPTIC SPLICE/PATCH PANEL EACH 14.00 500.00 7,000.00 2550.602 FIBER OPTIC PIGTAIL TERMINATION EACH 14.00 1,000.00 14,000.00 2550.602 CORE DRILL EACH 1.00 400.00 400.00 2550.602 PULL VAULT EACH 8.00 1,300.00 10,400.00 2550.603 ARMORED FIBER OPTIC PIGTAIL 6SM LIN FT 4,780.00 2.50 11,950.00 2550.603 1.5"BORED CONDUIT LIN FT 1,825.00 15.00 27,375.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.18 28,000.00 5,040.00 2565.601 SIGNAL OPTIMIZATION&TIMING LUMP SUM 0.20 56,000.00 11,200.00 2564.616 REVISE SIGNAL SYSTEM K SYSTEM 1.00 1,000.00 1,000.00 2565.616 REVISE SIGNAL SYSTEM P SYSTEM 1.00 500.00 500.00 2565.616 REVISE SIGNAL SYSTEM Q SYSTEM 1.00 500.00 500.00 2565.616 REVISE SIGNAL SYSTEM T SYSTEM 1.00 750.00 750.00 2565.616 REVISE SIGNAL SYSTEM U SYSTEM 1.00 750.00 750.00 2565.616 REVISE SIGNAL SYSTEM W SYSTEM 1.00 750.00 750.00 2565.616 REVISE SIGNAL SYSTEM X SYSTEM 1.00 500.00 500.00 2565.616 REVISE SIGNAL SYSTEM BB SYSTEM 1.00 3,275.00 3,275.00 g TOTAL = $123,570.75 (4) 20%STATE MATCH $24,714.15 80%FEDERAL $98,856.60 (capped) 100%STATE $0.00 Data is considered Non-public prior to project award. -6- (2)20%COUNTY, 80%FEDERAL 1035808 ITEM S.P.8825-629; S.A.P.027-639-008 k QUANTITY UNIT PRICE COST NUMBER EMI COUNTY FURNISHED MATERIALS-LUMP SUM 2 SIGNAL SYSTEM A-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 4,282.56 4,282.56 SIGNAL SYSTEM B-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 27,206.04 27,206.04 SIGNAL SYSTEM C-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 27,206.04 27,206.04 SIGNAL SYSTEM E-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 27,206.04 27,206.04 SIGNAL SYSTEM F-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 27,206.04 27,206.04 SIGNAL SYSTEM G-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 27,206.04 27,206.04 SIGNAL SYSTEM H-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 4,282.56 4,282.56 SIGNAL SYSTEM I-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 27,206.04 27,206.04 SIGNAL SYSTEM R-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 4,282.56 4,282.56 SIGNAL SYSTEM S-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 4,282.56 4,282.56 SIGNAL SYSTEM V-COUNTY FURNISHED MATERIALS LUMP SUM 1.00 4,282.56 4,282.56 TOTAL $184,649.04 (3) 20%COUNTY MATCH $36,929.81 80%FEDERAL $147,719.23 (capped) 1100%COUNTY $0.00 (4)20%STATE,80%FEDERAL (5) 100%STATE ITEM S.P.8825-629 UNIT QUANTITY FEDERAL FEDERAL TOTAL COST NUMBER STATE FURNISHED MATERIALS-LUMP SUM I ELIGIBLE(4) INELIGIBLE(5) -FOR INFORMATION ONLY- SIGNAL SYSTEM P-STATE FURNISHED MATERIALS LUMP SUM 1.00 27,213.18 4,968.62 32,181.80 SIGNAL SYSTEM Q-STATE FURNISHED MATERIALS LUMP SUM 1.00 27,213.18 4,968.62 32,181.80 SIGNAL SYSTEM T-STATE FURNISHED MATERIALS LUMP SUM 1.00 27,213.18 4,968.62 32,181.80 SIGNAL SYSTEM U-STATE FURNISHED MATERIALS LUMP SUM 1.00 27,213.18 4,968.62 32,181.80 SIGNAL SYSTEM W-STATE FURNISHED MATERIALS LUMP SUM 1.00 27,213.18 4,968.62 32,181.80 SIGNAL SYSTEM X-STATE FURNISHED MATERIALS LUMP SUM 1.00 27,213.18 4,968.62 32,181.80 SIGNAL SYSTEM BB-STATE FURNISHED MATERIALS LUMP SUM 1.00 29,436.74 5,387.27 34,824.01 _ TOTAL $192,715.82 $35,198.99 227,914.81 (3) FEDERAL ELIGIBLE $192,715.82 20%STATE MATCH $38,543.16 80%FEDERAL $154,172.66 (capped) 100%STATE $0.00 (4) FEDERAL INELIGIBLE $35,198.99 100%STATE $35,198.99 Data is considered Non-public prior to project award. -7- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2020 ITEM NO.: DEPARTMENT/DIVISION: ITEM DESCRIPTION: Administration Resolution Approving Appointment of Election VIII.F. Kathleen Porta, City Clerk Judges for the 2020 Presidential Nomination Primary Requested Action Adopt the resolution approving the appointment of election judges for the Presidential Nomination Primary, March 3, 2020. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election or alternate judges and are appointed for the Presidential Nomination Primary to be held March 3, 2020. Londa Amundson Susan Dickman Diane Hilleman Cheryl Anderson Mike Diede Karen Hollingsworth Beverly Annunziato Lynette Disrud Linnea Holt Tony Arndt Sarah DuBord Laura Hookom Patrick Atkinson Carole Duckstad Paula Hopper Linda Baillie Daniel Dylla Nitasha Husain Martha Balfanz Joyce Edwards Phyllis Jackson Jessica Ballantine Victoria Effertz Donald Jacobson Bernadine Beauvais Janet Eian Katherine Janes Michael Becker Christina Factor Patricia Jensen Michael Bennett Diane Falkum Herald Johnson Jon Beusen John Forster Tracy L. Johnson Denise Beusen Timothy Fox Joyce Johnson Michael Biermaier Margaret Francazio Colleen Kennealy Judith Bissonett Monica Frischkorn John Kingery Nancy Bollweg Lynne Gambucci Jeffrey Kirst Sharon Borine Nancy Geiger Barbara Kistle Christine Brinkman Patricia Geraty Debra Kitt Mary Buckman Norbert Gernes Robert Kitt,Jr. Barbara Buehl Ronita Ghosh Stacey Koehler Joyce C. Butler June Gilbert Laurie Koering G. Jean Campbell John Goergen Anne Kollmeyer Carol Cansdale Kristine Goldman Mark Krueger Karen Carl Diane Hamblin Cheryl Larson KariLyn Carlson Caryl Hansen Christine Lasley Karen Carlson Matthew D. Hansen Sara Leigh Denise Christensen Katherine Hanson Nancy C. Little Eric Christiansen Sherry Harms Jill Maczka Barbara Clay Glenda Hawkins John Mallo Nancy Conboy Linda Hayen Steve Marshall John Conley Susan Hedberg Diane Martin Ellen Crump Thomas Heller Ruth Maydole Pedro Curry Laurie Hemstock Mike McCann Allison Curtis William Henry Leslie McDonald Jayne Dakay Ann Higgins Phillip McGovern Jean Daniels Rosemarie Hilk Diane McGowan Janet Deems Deborah Hill Gregory Mead Margaret Mitchell Lori Rau Cindy Sundberg Michael Moesenthin Paula Rheault Judith Terry Michael Moriarity Lia Ringhausen Roy Terwilliger Cheryl Nehl Anne Ringquist Julie Toskey Pamela Nesbitt Gary Rodekuhr Judith Truc Leah Nordquist Lisa Rogers Scott Turnbull Mike Ochs Angela Roloff Randi Usher Judy Ann Olson Vickie Rudolph Patricia Vagnoni Alan K. Olson Rod Rue Mark Voorhees Margaret Olson-Thomsen Sigrid Ruhland Ann Watanabe Elaine Ososki Jody Russell Lauren Weaver Joanna Page Barbara Schaepe Richard Weaver Joan Palmquist Raymond Schultz Robert Webster Howard Pearlman Lisa Sisinni Maurice Weiler Barbara Pederson Richard Skala Nancy Westby Matthew Pellowski Patrick Slator June Weston Mary Perkins Scott Smith Mary Ann Weston John Peters Lisa Smith Baker Pernille Whited Mary Lou Peterson Julie Sopoci Lane Wigley Bob Peterson Steven Sopoci Pamela Williams Carol Pierce Anthony Staffenhagen Debra Wilson Donald Pitsch Maura Steblay JoAnne M. Wilson Cheryl Poling V. Bruce Stenswick Thomas Wilson Allan Radke Mary Stoecker David Witzig Donald Ramler Gail Stroinski Charles Rank Wesley Sund BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the Eden Prairie City Council on this 21st day of January, 2020. Brad Aho, Acting Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager, Declare obsolete computer equipment as VIII.G. Information Technology/ surplus. Aditi Salunke Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC's for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment Asset Type Manufacturer Model Serial Number Monitor Dell 1907FPt CN-0DC323-71618-6AB-AFN1 Monitor Dell 1908FPt CN-0G434H-71618-860-RAAE-AOO Monitor Dell 1908FPt CN-0FP182-71618-81M-GGB6 Monitor Dell 1908FPc CN-0U2042-64180-7BN-3XTU Monitor Dell P190St CN-ORNMH6-74445-11M-038S Monitor Dell P190St CN-ORNMH6-74445-05S-BYVS Monitor Dell 1907FPc CN-OCC299-64180-68U-69GL Monitor Dell 1908FPb CN-0G313H-74261-86G-1K5L-A00 Monitor Dell 1908FPt CN-OFP182-71618-81M-GGEY Monitor Dell 1905FP CN-0T6116-71618-54E-ADUW Monitor Samsung 943BT-2 Z2QKHCLC400714W Monitor Samsung 943BT-2 Z2QKHCLC400746N Monitor Samsung 943BT MY19H9NSB09855F Monitor Samsung 943BT MY19H9NSB09661E PC HP EliteDesk 800 G1 2UAF3609QL PC HP EliteDesk 800 G1 2UA52612HR PC HP EliteDesk 800 G1 2UA4130NVQ PC HP EliteDesk 800 G1 2UA44226YQ PC HP EliteDesk 800 G1 2UA417080P PC HP EliteDesk 800 G1 2UA52612HL PC HP EliteDesk 800 G1 2UA6070Y76 PC HP EliteDesk 800 G1 2UA5111M8F PC HP EliteDesk 800 G1 2UA4191Q63 PC HP HP Compaq 8000 Elite SFF 2UA01614M5 PC HP EliteDesk 800 G1 2UA43609QH PC HP EliteDesk 800 G1 2UA4191Q5S PC HP EliteDesk 800 G1 2UA5432NKX PC HP EliteDesk 800 G1 2UA412209Q PC HP EliteDesk 800 G1 2UA52612HK PC HP EliteDesk 800 G1 2UA423210N PC HP EliteDesk 800 G1 2UA44226Z7 PC HP EliteDesk 800 G1 2UA6070Y79 PC HP EliteDesk 800 G1 2UA5432NKT PC HP EliteDesk 800 G1 2UA43609QF PC HP EliteDesk 800 G1 2UA52612HY PC HP EliteDesk 800 G1 2UA423211C PC HP EliteDesk 800 G1 2UA5111M8N PC HP EliteDesk 800 G1 2UA5432NKJ PC HP EliteDesk 800 G1 2UA4232113 PC HP HP Compaq dc7900 2UA00704W2 Laptop Panasonic CF-30 CF-30KCP542M Monitor Samsung 934BT-2 Z2QKHCKB501711D Monitor Samsung 934BT MY19H9NS910634J Monitor Samsung 943BT MY19H9NS910633H Monitor Samsung 943BT-2 Z2QKHCKB501770D Monitor Dell 1907FPt CN-0DC323-71618-6AB-AFKU Monitor Dell 1908FPt CN-0FP182-71618-7CT-RC33 Monitor Dell 1908FPt CN-0FP182-71618-821-RM R2 Monitor Dell 1908FPt CN-0UW042-64180-7BN-3XVU Monitor Dell 1908FPt CN-0FP182-71618-73R-GAY1 Monitor Dell 1908FPT CN-0FP182-71618-75M-AA3F Monitor Dell P190St CN-ORNMH6-74445-11M-A4WS Monitor Dell P190St CN-ORN M H 6-74445-11 M-A4YS Monitor Dell 1908FPt CN-0FP182-71618-81R-REM6 Monitor Dell 1908FPt CN-0FP182-71618-75M-AA3K Monitor Dell 1908FPc CN-0UW042-64180-831-221S Monitor Dell 1908FPt CN-0FP182-71618-81M-GGEZ Monitor Dell 1908FPt CN-0FP182-71618-821-RMQ4 Monitor Dell 1908FPc CN-0UW042-64180-743-1DPS Monitor Dell 1908FPt CN-0FP182-71618-81M-GGFM Monitor Dell 1908FPc CN-0UW042-64180-82C-OYEL Monitor Dell 1908FPt CN-0FP182-71618-761-GEQY Monitor Dell 1908FPc CN-0UW042-64180-83L-OWPS Monitor Samsung 934BT-2 Z2QKHCKB501718J Monitor Dell 1908FPt CN-0FP182-71618-7CT-RC3L Monitor Dell P190St CN-ORNMH6-74445-11L-697S Monitor Samsung 943BT-2 Z2QKHCKB401557E Monitor Samsung 943BT-2 Z2QHCLBB02936V Monitor Dell P190St CN-ORNMH6-74445-11L-610S Monitor Dell 1908FPb CN-0G313H-74261-86G-1KEL-A00 Monitor Dell 1908FPT CN-0FP182-71618-77E-GC43 Monitor Samsung 943N MY19H9NS918482V Monitor Samsung 943BT-2 Z2QKHCKB502156M Monitor Samsung 943BT-2 Z2QKHCKB502232J Monitor Samsung 943BT-2 Z2QKHCKB501062J Monitor Samsung 943BT MY19H9NS822168L Monitor Samsung 943N MY19H9NS918460K Monitor Samsung 943BT-2 Z2QKHCKB501777J Monitor Dell 1908FPc CN-0UW042-64180-7BN-3XGU Monitor Dell 1908FPc CN-0UW042-64180-7BN-3X6U Monitor View Sonic VA2452Sm UE6172040868 Monitor Samsung 943BT MY19H9NS910637V Printer Brother PJ-522 U62280-A0T112262 iPhone Apple iPhone 6 UPS APC BE425M 9B1735A09150 Phone Polycom SoundStation2W G208330724049 Phone Mitel 53121P AVAHQ4512 Laptop Dock Gamber-Johnsoi 7160-0526-02 AJ20618ABJ018 Monitor Dell 1907FPf CN-OCJ319-72872-724-2CRL Monitor Dell 1908FPt CN-0FP182-71618-77E-GC7V Printer HP Q5964A CNGKK36143 PC HP EliteDesk 8300 MXL2520DQS Monitor Dell P190St CN-ORNMH6-74445-11L-637S Monitor Dell P190St CN-ORN M H 6-74445-11 M-A4ZS Monitor Dell 1908FPt CN-0FP182-71618-761-GG7S Monitor Dell 1907FPt CN-0DC323-71618-6AB-AFKL Monitor Dell 1908FPt CN-0FP182-71618-7CF-RNH2 Monitor Dell 1908FPt CN-0FP182-71618-75M-AA6E Monitor Dell 1908FPt CN-0FP182-71618-75M-AA5Z Monitor Samsung 943N MY19H9NS918484T Server IBM 42R5433 OODQDW951 Server HP 371293-405 USE825N6KK PC HP EliteDesk 800 G1 2UA5432NKL PC HP EliteDesk 800 G1 2UA44226Z6 PC HP EliteDesk 800 G1 2UA4191Q5W PC HP EliteDesk 800 G1 2UA52612HP PC HP EliteDesk 800 G1 2UA6070Y7G PC HP EliteDesk 800 G1 2UA423210W PC HP EliteDesk 800 G1 2UA44226ZG PC HP EliteDesk 800 G1 2UA52612HV PC HP EliteDesk 800 G1 2UA44226YY PC HP EliteDesk 800 G1 2UA5111M8L PC HP EliteDesk 800 G1 2UA52612HQ PC HP EliteDesk 800 G1 2UA43609Q4 PC HP EliteDesk 800 G1 2UA413ONVZ PC HP EliteDesk 800 G1 2UA5432NKY PC HP EliteDesk 800 G1 2UA44226ZH PC HP EliteDesk 800 G1 2UA4191Q5P PC HP EliteDesk 800 G1 2UA5111M8T PC HP EliteDesk 800 G1 2UA43609Q2 PC HP EliteDesk 800 G1 2UA423210Z PC HP EliteDesk 800 G1 2UA43609Q8 PC HP EliteDesk 800 G1 2UA423210R PC HP EliteDesk 800 G1 2UA52612HH PC HP EliteDesk 800 G1 2UA44226Z3 PC HP EliteDesk 800 G1 2UA4426ZC PC HP EliteDesk 800 G1 2UA43609Q6 PC HP EliteDesk 800 G1 2UA43609QK PC HP EliteDesk 800 G1 2UA43609Q0 PC HP EliteDesk 800 G1 2UA4191Q5Z PC HP EliteDesk 800 G1 2UA5432NKK PC HP EliteDesk 800 G1 2UA44226ZF PC HP EliteDesk 800 G1 2UA52612HT PC HP EliteDesk 800 G1 2UA6070Y7C PC HP EliteDesk 800 G1 2UA6070Y7D PC HP EliteDesk 800 G1 2UA4232114 PC HP EliteDesk 800 G1 2UA5432NKZ PC HP EliteDesk 800 G1 2UA44226YT PC HP EliteDesk 800 G1 2UA43609Q5 PC HP EliteDesk 800 G1 2UA5111M8D PC HP EliteDesk 800 G1 MXL4010D17 PC HP Elite 800 SFF 2UA01614MY TV Insignia NS-LDVD19Q-10A 0912A1523A TV Magnavox 22MD311B/F7 DS1A1222126394 (A17D4UH) TV Samsung UN28H4000AF 01VQ3CHH702277N Scanner Canon DR-3080C II DF308035 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Central Middle School Building IX.A. Janet Jeremiah/ Beth Novak-Krebs Additions and Remodel Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 57.4 acres • Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers and a Zoning District Change from Industrial, Rural and R1-22 to Public on 57.4 acres • Preliminary Plat to combine multiple parcels into 1 lot on 57.4 acres. • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting approval to remodel and construct several additions at the Central Middle School. The property is located at 8025 School Road behind the School District's Administrative Services Center. The school district owns 57.4 acres, which includes the Administrative Services Center, the middle school, and outdoor athletic facilities. The applicant is proposing approximately 82,000 square feet of additions and 50,000 square feet of remodeling. The project includes the following additions to the school: theater, gymnasium, cafeteria and classrooms. The project will also include the expansion and reconstruction of the main entrance to the school on the west side of the school and a number of site improvements and changes to the bus drop off area, the parking lot on the west side of the school and the area where parents drop students off. Background Guiding, Zoning and Preliminary Plat The property is currently guided Public/Semi-public and zoned Public, Industrial, Rural and R1- 22. The project is consistent with the guiding. In order for the zoning to be consistent with the guiding, the applicant has requested a rezoning of the portions zoned Industrial, Rural, and R1- 22 to Public so the zoning on the whole site is the consistent with the guiding. The School District property consists of multiple parcels. The proposed preliminary plat combines all of the parcels at this site into one 57.4 acre lot. In 1957, the northwest corner of the site was platted as a single-family residential subdivision. With the expansion and reconstruction of Highway 212 in the mid-1990's, the single-family homes were demolished. The underlying R1-22 zoning and the Eden School Addition plat still exists. The Eden School Addition plat includes right-of-way and drainage and utility easements that will need to be vacated. In addition, there is right-of-way near the School Road entrance into the site that will need to be vacated. This is proposed to be done as a separate process with final plat approval. Building Architecture and Material The building additions are consistent with the massing and scale of the existing building. Due to the shape of the existing building and the locations of the additions, there is variety in the façade planes, which creates visual interest throughout the length of the building facades. The varying building heights between the existing building and the additions creates rooftop variation along each façade, meeting the City's expectations with regard to architectural design. The existing building material consists primarily of red-orange brick and glass with some cement panel on the south and east elevations. The additions to the building will be primarily dark brick, glass and architectural pre-cast panels with some metal panels. The project complies with the building material requirement of 75% Class I materials and 25% Class II materials per facade. The new dark brick is intended to contrast with the red-orange brick of the existing building and break down the long building elevations into smaller scaled elements. The project will also include some silver metallic metal panels that will give the building visual interest as the metal reflects the sun and changes color as the sun sets. Each main entrance will include a splash of red metal to identify the entrance through the use of the Eden Prairie School's color branding. Traffic Study A traffic study was completed for this project. The focus of the traffic study was around internal operations of the school site as well as the intersection operation at Scenic Heights Rd and School Rd. The existing level of service (LOS) at the intersection is D, which is acceptable. Queues from the AM drop off extend down to Scenic Heights Rd causing queues eastbound and westbound to reach a maximum of 200'. The proposed drop off area will increase from 200' to 600'. Improved site circulation and additional drop off area is anticipated to resolve the queues on Scenic Heights Rd, however, exiting queues on School Rd is expected to worsen in the AM peak. Promoting the use of the north loop road should improve exiting queue lengths. Improvements to Scenic Heights Road are anticipated to occur at some point in the future and will be initiated by the City of Eden Prairie. The improvements identified in the traffic study listed vehicle and pedestrian modifications at the School Road intersection to improve operations. Participation by the school district in regards to financial contributions are expected. Permanent and temporary easements will likely be necessary for the improvements and should be provided at no cost to the City. Wetlands and Shoreland A portion of School Pond is located in the southeast corner of the site. The pond is classified as a Natural Environment Water; therefore; the site is in the Shoreland. In addition, there is a wetland around the pond. The wetland has been delineated and the wetland buffer and structure setback have been established. The new additions to the building meet the shoreland and wetland setbacks. Staff is recommending placement of a Conservation Easement in this area. City Code restricts impervious coverage in the Shoreland to 30%. The site, as planned, has 42.2% impervious coverage. The school currently exceeds 30% impervious coverage. In 1992, a variance was approved allowing 45% impervious coverage on the school site. The proposed project complies with the variance granted in 1992. Signs The proposed project includes a new monument sign and wall sign on the east side of the school near the new cafeteria and three wall signs on the west side of the school at the main entrance and the performing arts center. Since the whole site (school and administrative buildings) functions as a campus, the applicant prepared an overall sign plan showing existing signs, sign removal associated with the project and proposed new signs. The sign plan meets the spirit and intent of the ordinance and it is reasonable. However, several waivers will be required to address the size of some of the existing and proposed signs. There are a number considerations for approving the waivers, which include the following: • Existing conditions. The campus is very large and includes several buildings with multiple functions. The preparation of the sign plan had to bring together a number of existing signs and new signs to create a cohesive plan that functions well and is aesthetically pleasing. • Size of the campus. The applicant is proposing to combine all of the parcels into one large lot. This allows for the vacation of unneeded right-of-way and easements and cleans up lot lines. Strict application of the sign requirements would allow fewer signs with one large lot versus several lots. The School District should not be penalized for combining lots and granting waivers for the signs is reasonable. Since it is a large campus, the proposed signs provide directional assistance and help identify the location of the main entrances to the school and the performing arts center. • No sign proliferation. The number of signs on the campus is not excessive. The applicant was thoughtful in the sign placement and function. • Sign design. The proposed signs are designed to be part of the architecture and reflect the new and updated look of the school being created by the building additions while at the same time fitting in with the existing signs. The signs have a simple design that complements the building's architecture. Although the proposed monument sign on the east side of the school exceeds the allowable size area, the existing monument sign along Scenic Heights Road and the proposed monument sign together are under the allowable square footage for monument signs on this large site with multiple frontages. The existing and proposed wall signs on the school building together exceed the overall allowable square footage for the wall signs at 349 square feet. The waiver will allow 349 square feet of wall signage on the school building in accordance with the Exhibit B plans. This approval will also allow the School District to make changes and redistribute the square footage of wall signs as the functionality of the school building changes. A sign permit will be needed to redistribute the wall sign area as long as the wall sign area in total does not exceed 349 square feet. There may be further changes and the option to redistribute provides flexibility while maintaining an overall sign area requirement. Sustainability Eden Prairie Schools has an ongoing commitment to sustainability. The project includes a number of sustainable features including the following: • Rooftop solar arrays will be added on the east classroom addition • Vertical sunshades will be installed on the major glass facades at the performing arts lobby and cafeteria • Low E high performance glass will be installed on the south and west facades of the building • All interior lighting will be LED with vacancy controls and daylighting controls to facilitate daylight harvesting • All exterior lighting will be LED • The HVAC system will be controlled by an energy management system for scheduling and control of the system • Native plant species have been incorporated into the landscaping to promote water conservation • The existing asphalt pavement will be recycled on-site and reused as new base material to reduce off-site trucking and gravel mining • An EV charging station is being proposed in the east parking lot Planned Unit Development Waivers The property is currently guided Public/Semi-Public with zoning in several different districts. The applicant is requesting to rezone to Public. Adding to an existing building, reconfiguring existing site features and the intended use of several of the additions requires some flexibility to develop the site as proposed. The applicant is requesting a number of waivers. In consideration of the waivers, the applicant is proposing a number of improvements that provide public benefit. The developer is proposing to combine all of the parcels owned by the School District into one lot, which includes vacating unneeded right-of-way and easements and cleaning up lots lines. The School District will also be providing a conservation easement over the portion of School Pond and associated wetlands on school property. As a part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. A. Building Height—City Code sets a maximum building height of 30' in the Public Zoning District. The fly loft in the theater is at 52' high. This height is needed for the performing arts theater to function properly. Although one of the building masses around the fly loft exceeds 30' in height(39' 4"), the applicant has stepped the fly loft back and used various lower building masses around the fly loft to break down the perceived scale of the fly loft. The new gymnasium addition is 31' 4"high. This is 2' higher than the existing gymnasium. The existing gymnasium is near the southwest corner of the building on the west side and the gymnasium addition will be on the south side of that corner of the building. Both gymnasiums are similar in size, massing and height and help anchor the corner of the building. B. Parking Lot Front Yard Setback—City Code requires parking stalls to meet the front yard setback of 50 feet. Some of the parking stalls in the parking lot on the west side of the building encroach into the setback. This is an existing condition and the reconfiguration of the parking stalls will result in the same number of stalls in the setback. C. Façade Articulation—City Code requires façade articulation if a façade exceeds 40 feet in length. The north side of the theater is greater than 40 feet long and lacks building articulation. This façade is at the back of the theater. Although this one portion of the rear façade does not meet the standard, the theater overall is articulated by various materials, colors, and façade planes. The gymnasium addition does not meet the façade articulation standard on the west facade. The applicant intentionally designed the gymnasium to match the massing, scale, and character of the existing gymnasium. The brick colors on the existing and new gymnasium are contrasting, which adds visual interest. In addition, the gymnasiums are on either side of the new entrance to the new activity center of the school. This new entrance draws attention away from the walls of the gymnasium. D. Building Material - City Code requires buildings in the Public Zoning District to include at least three contrasting yet complimentary Class I materials such as glass, brick, and stone with one color variation therein. The Class I materials on each façade of the building including the existing building and additions is proposed to be brick(existing and new), glass, and architectural pre-cast panels. The architectural pre-cast panels are only used on the north and west elevations. This leaves the south and east elevations with only two Class I materials (brick and glass). The use of brick is considered one Class I material. The use of the new brick is intended to complement the existing building material. Although the new brick it is not considered a separate material per the City Code, the applicant is proposing variations in color, façade recesses, curves, height changes and the addition of a metal panel to provide visual interest throughout each of the facades. E. Fence Height—City Code limits fence height to 7'. The applicant is proposing an 8' high chain link fence around the running track. This use and the proposed fencing is similar to what is used in public parks where taller fence heights are allowed. F. Parking Lot Islands in the Bus Drop Off Area—City Code requires islands in parking lots to break up large expanses of pavement and provide landscaping in the parking lot. It is not the intent of the ordinance to put islands in areas where busses need room for maneuvering. The proposed plan does not include parking lot islands in the bus drop off area. In this situation, islands would impede efficient drop off and maneuvering for the busses. G. Signs. City Code allows 180 square feet of wall signage on the school building. The waiver would allow 349 square feet of wall signs on the school with the ability to redistribute the square footage through approval of a sign permit as long as it does not exceed 349 square feet. The waiver would also allow the new monument sign to exceed 36 square feet based on lot street frontage. The existing monument sign and the proposed monument sign together not exceed the allowable sign area for monument signs. There are three existing directional signs on the property. Each sign is 12 square feet in sign area, which exceeds the allowable 6 square foot area. Since these are existing signs, the waiver allows these three existing signs as shown on the plan to be 12 square feet. Bidding Process Similar to City projects, as a public entity, the School District is required to solicit bids for the construction of the building additions, remodeling and site improvements. The bidding process may necessitate bid alternates and some changes to the plans. Since the bid opening will occur after City approvals, the School District will coordinate with and inform the City of any proposed alternates so the city can review the changes for general compliance with the spirit and intent of City Code and City Council approvals. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the December 9, 2019 meeting. Attachments 1. Ordinance for PUD with waivers and Zoning Change 2. Resolution PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes CENTRAL MIDDLE SCHOOL ADDITIONS AND REMODEL 2020 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020-PUD-_-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Industrial, Rural and R1-22 District and be placed in the Public Zoning District as noted in Exhibit A_-2020-PUD- -2020 (hereinafter "PUD- -2020- "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Eden Prairie Public Schools and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2020- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2020- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2020- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2020- are justified by the design of the development described therein. D. PUD- -2020- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Industrial, Rural, and R1-22 Zoning District and placed in the Public District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_- 2020- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21 st day of January, 2020, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the _day of , 2020. ATTEST: Kathleen Porta, City Clerk Brad Aho, Acting Mayor PUBLISHED in the Eden Prairie News on , 2020. EXHIBIT A Legal Description Lot area = 2,500,283 sq. ft. (57.40 acres) more or less. Parcel No. 16-116-22-23-0002 Per Doc. No. 5373157 That part of the West 1/2 of Northwest 1/4 of Section 16-116-22 lying East of the centerline of "town road" and North of a line parallel to and 250 feet South of the North line of the Southwest 1/4 of Northwest 1/4 of said Section 16-116-22, except road and except the South 27 feet of the North 250 feet of the Southwest 1/4 of the Northwest 1/4 lying Southerly of the Center line of town road of Section 16, Township 116, Range 22, the "town road" hereinbefore referred to is a public road or highway conveyed to town of Eden Prairie by that certain deed which was recorded in the office of the Register of Deeds of Hennepin County, Minnesota in Book 2027 of Deeds, on page 26 thereof. Parcel No. 16-116-22-24-0006, Certificate of Title No. 807500 Per Doc. No. 2506561 All of Tract A described below: Lot 6, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the tile thereto being registered as evidenced by Certificate of Title No. 781775. Parcel No. 16-116-22-24-0007, Certificate of Title No. 831249 Per Doc. No. 2654489 Lot 7, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 674397. Subject to utility easements as shown on plat. Parcel No. 16-116-22-24-0014 Per Doc. No. 2600516 That part of Tract A described below: Tract A. Lot 3, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 800544; which lies Westerly of Line 1 described below: Line 1: Beginning at a point on the southwesterly line of said Lot 3 distant 115 feet southeasterly of the most westerly corner thereof; thence run northerly to a point on the northwesterly line of said Lot 3, distant 130 feet northeasterly of the westerly corner thereof and there terminating. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF CENTRAL MIDDLE SCHOOL ADDITIONS AND REMODEL 2020 FOR EDEN PRAIRIE PUBLIC SCHOOLS WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on December 9, 2019, on Central Middle School Additions and Remodel 2020 by Eden Prairie Public Schools and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on January 21, 2020. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Central Middle School Additions and Remodel 2020, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof("Property"). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated December 30, 2019. 3. That the PUD Concept meets the recommendations of the Planning Commission dated December 9, 2019. ADOPTED by the City Council of the City of Eden Prairie this 21st day of January, 2020. Brad Aho, Acting Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description: Lot area = 2,500,283 sq. ft. (57.40 acres) more or less. Parcel No. 16-116-22-23-0002 Per Doc. No. 5373157 That part of the West 1/2 of Northwest 1/4 of Section 16-116-22 lying East of the centerline of "town road" and North of a line parallel to and 250 feet South of the North line of the Southwest 1/4 of Northwest 1/4 of said Section 16-116-22, except road and except the South 27 feet of the North 250 feet of the Southwest 1/4 of the Northwest 1/4 lying Southerly of the Center line of town road of Section 16, Township 116, Range 22, the "town road" hereinbefore referred to is a public road or highway conveyed to town of Eden Prairie by that certain deed which was recorded in the office of the Register of Deeds of Hennepin County, Minnesota in Book 2027 of Deeds, on page 26 thereof. Parcel No. 16-116-22-24-0006, Certificate of Title No. 807500 Per Doc. No. 2506561 All of Tract A described below: Lot 6, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the tile thereto being registered as evidenced by Certificate of Title No. 781775. Parcel No. 16-116-22-24-0007, Certificate of Title No. 831249 Per Doc. No. 2654489 Lot 7, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 674397. Subject to utility easements as shown on plat. Parcel No. 16-116-22-24-0014 Per Doc. No. 2600516 That part of Tract A described below: Tract A. Lot 3, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 800544; which lies Westerly of Line 1 described below: Line 1: Beginning at a point on the southwesterly line of said Lot 3 distant 115 feet southeasterly of the most westerly corner thereof; thence run northerly to a point on the northwesterly line of said Lot 3, distant 130 feet northeasterly of the westerly corner thereof and there terminating. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION APPROVING THE PRELIMINARY PLAT OF ISD 272 CMS ADDITION FOR EDEN PRAIRIE PUBLIC SCHOOLS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of ISD 272 CMS Addition for Eden Prairie Public Schools stamp dated December 30, 2019, and consisting of multiple parcels combined into 1 lot of 57.4 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 21st day of January, 2020. Brad Aho, Acting Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: December 4, 2019 SUBJECT: Central Middle School Building Additions and Remodel LOCATION: 8025 School Road APPLICANT/ OWNER: Eden Prairie School District 120-DAY REVIEW PERIOD: March 11, 2020 REQUEST: • Planned Unit Development Concept Review on 57.4 acres • Planned Unit Development District Review with waivers on 57.4 acres • Site Plan Review on 57.4 acres • Preliminary Plat to combine multiple parcels into 1 lot on 57.4 acres BACKGROUND The applicant is requesting approval to ;; remodel and construct several additionsti—\ at the Central Middle School. The \ a -- Proj ';.. property is located at 8025 School Road " -,1. - ;% Site _ behind the School District's • Administrative Services Center. The t 4,.,, e ' � + -A 4 ._ �' school district owns 57.4 acres, which4 7 .), re' • includes the Administrative Services �" - ..1 �'ehn�r Center, the middle school, and outdoor �� _ , lL ` 3 athletic facilities such as a running track, dd a S�hoa�__. tennis courts,baseball/softball fields and j.' F. L `,.. sand volleyball courts. '4 • ° The applicant is proposing approximately J 11 r 82 000 square feet of additions and ' ir; -4-----16;,.r pt . 50,000 square feet of remodeling. Staff Report—Central Middle School Additions and Remodel Page 2 The project will also include the expansion and reconstruction of the main entrance on the west side of the school building. This will be a new secure entrance. It will allow public access to the theater and gymnasium. In addition, there will be a number of site improvements and changes to the bus drop off area,the parking lot on the west side of the school and the area where parents drop students off GUIDING AND ZONING The property is currently guided Public/Semi-public and is located within several zoning districts. Zoning on the parcels under School District ownership includes Public,Industrial,Rural,and R1-22. The applicant is proposing to rezone the entire site to the Public Zoning District. PRELIMINARY PLAT The School District owns multiple parcels in this location. The proposed preliminary plat combines all of the parcels at this site into one 57.4 acre lot. In 1957,the northwest corner of the site was platted as a single-family residential subdivision. With the expansion and reconstruction of Highway 212 in the mid-1990's,the single-family homes were demolished. The underlying R1-22 zoning and the Eden School Addition plat still exists. The Eden School Addition plat includes right-of-way and drainage and utility easements that will need to be vacated. In addition,there is right-of-way near the School Road entrance into the site that will need to be vacated. This is proposed to be done as a separate process with final plat approval. SITE PLAN The school building is located north of the Administrative Services Center on School Road just north of Scenic Heights Road. Access to the site for student drop off, teachers, staff, and the public is provided by a private street(School Road),which comes off of Scenic Heights Road. The bus drop off area on the east side of the school is accessed from Wallace Road. The student drop off area,the existing parking lot on the west side of the school and the bus drop off area are proposed to be reconfigured to improve the flow of vehicles.The proposal includes a separate 580 foot long parent drop off lane along the drive on the southwest and west side of the school building. The applicant is also proposing to reconstruct the drive around the north side of the school. It will be a two way drive serving as a secondary access/exit for vehicles and will provide opportunities to redistribute vehicular traffic. The following list includes the proposed additions and their locations: • Theater addition—33,000 square feet plus 3,000 square feet of mechanical room added onto the west side of the building. The performance space will include 700 seats. • Gymnasium addition— 12,000 square feet added onto the existing gymnasium on the south side of the school. The addition will include restrooms, locker rooms, offices and storage space plus a new lobby. • Cafeteria addition—6,000 square feet added onto the east side of the building. The addition will connect the north and south cafeteria. This will allow for the reduction of lunch periods Staff Report—Central Middle School Additions and Remodel Page 3 from 5 to 3. • Classroom addition—28,000 square feet north of the cafeteria. This addition will include 20 classrooms. The classroom expansion will also include a new music suite adjacent to the performance theater. The running track will be shifted to the north to accommodate the reconfigured drive around the north side of the building. The applicant is proposing to reconfigure the existing parking lot on the west side of the school. In order to meet code requirements, the proposed plan includes landscaped islands and pedestrian connections from the parking lot to the front entrance to the school. .,_ ,... _7_ Proposed Site Plan - - --- ! ' —— C7 - -, 7 - __- :-:::':::- •-' ,-•N - -----::,,/ 1.,- NORTH DR/VE -m---- - '— ' -- j 4} ...r.. • / - --.-- r 1 Ckassroorn j Addition/77----- 777-------- -_ — — - •/ f-I---‘, , , I _ I ' --, . ...„..: % 1 / Theater _, I Cafeteria " I'', '----- --''. / Addition ,,I Addition , '1 rl / eZ 11 1 9 i . _ Cut rent School I _=.=_, ,_ ,, , , . ..9,,.• , 1 WEST IZIKFN:07 l 't' IH_ Gymnasium : \',_ . ‘' 0 - .11"' LK. /I:I--; Z.,,,..._ Addrtion _, _ - 1-i' ' -• D, ...- i It' :,/ : :4_,.' i;e: "•••--Z i' - --- " • .:::-;----_:_: ::•-' 74,-..• :,- ;:.--tt . ".--'.-- Ljr '1 - — ?, : , -------,--. ''. ' z"-vce- .. ,...,... ___ pi :0 Itt:--, „f'-`:_,--, ::••.,' .!i.. 11- -- , .,A/' \\- ' ... '-'''' o-laS__ ..aa„-P- -.._._.._........ BUILDING ARCHITECTURE AND MATERIALS The building additions are consistent with the massing and scale of the existing building. The proposed metal panel will contrast with the existing orange brick and proposed dark brick and give the building an updated look. Due to the functional space needs of the theater, the theater Staff Report—Central Middle School Additions and Remodel Page 4 addition is taller than the rest of the building. This highlights it as a special element at the school. Due to the shape of the existing building and the locations of the additions, there is variety in the façade planes, which creates visual interest throughout the length of the building facades. The varying building heights between the existing building and the additions creates rooftop variation along each façade, meeting the City's expectations with regard to architectural design. The existing building material consists primarily of red-orange brick and glass with some cement panel on the south and east elevations. The additions to the building will be primarily brick, glass and architectural pre-cast panels. The new dark brick is intended to contrast with the red-orange brick of the existing building and break down the long building elevations into smaller scaled elements. The project will also include some silver metallic metal panels that will give the building visual interest as the metal reflects the sun and changes color as the sun sets. Each main entrance will include a splash of red metal to identify the entrance through the use of the Eden Prairie School's color branding. PLANNED UNIT DEVELOPMENT WAIVERS A. Building Height—City Code sets a maximum building height of 30' in the Public Zoning District. The fly loft in the theater is at 52' high. This height is needed for the performing arts theater to function properly. Although one of the building masses around the fly loft exceeds 30' in height(39' 4"), the applicant has stepped the fly loft back and used various lower building masses around the fly loft to break the perceived scale of the fly loft. The new gymnasium addition is 31' 4"high. This is 2' higher than the existing gymnasium. The existing gymnasium is near the southwest corner of the building on the west side and the gymnasium addition will be on the south side of that corner of the building. Both gymnasiums are similar in size, massing and height and help anchor the corner of the building. B. Parking Lot Front Yard Setback—City Code requires parking stalls to meet the front yard setback of 50 feet. Some of the parking stalls in the parking lot on the west side of the building encroach into the setback. This an existing condition and the reconfiguration of the parking stalls will result in the same number of stalls in the setback. C. Façade Articulation—City Code requires façade articulation if a façade exceeds 40 feet in length. The north side of the theater is greater than 40 feet long and lacks building articulation. This façade is at the back of the theater. Although this one portion of the rear façade does not meet the standard, the theater overall is articulated by various materials, colors, and façade planes. The gymnasium addition does not meet the façade articulation standard on the west facade. The applicant intentionally designed the gymnasium to match the massing, scale, and character of the existing gymnasium. The brick colors on the existing and new Staff Report—Central Middle School Additions and Remodel Page 5 gymnasium are contrasting, which adds visual interest. In addition, the gymnasiums are on either side of the new entrance to the new activity center of the school. This new entrance draws attention away from the walls. D. Building Material - City Code requires buildings in the Public Zoning District to include at least three contrasting yet complimentary Class I materials such as glass,brick, and stone with one color variation therein. The Class I materials on each façade of the building including the existing building and additions is proposed to be brick(existing and new), glass, and architectural pre-cast panels. The architectural pre-cast panels are only used on the north and west elevations. This leaves the south and east elevations with only two Class I materials (brick and glass). The use of brick is considered one Class I material. The use of the new brick is intended to complement the existing building material. Although the new brick it is not considered a separate material per the City Code, the applicant is proposing variations in color, façade recesses, curves, height changes and the addition of a metal panel to provide visual interest throughout each of the facades. E. Fence Height—City Code limits fence height to 7'. The applicant is proposing an 8' high chain link fence around the running track. This use and the proposed fencing is similar to what is used in public parks where taller fence heights are allowed. F. Parking Lot Islands in the Bus Drop Off Area—City Code requires islands in parking lots to break up large expanses of pavement and provide landscaping in the parking lot. It is not the intent of the ordinance to put islands in areas where busses need room for maneuvering. The proposed plan does not include parking lot islands in the bus drop off area. In this situation, islands would impede efficient drop off and maneuvering for the busses. LANDSCAPING AND TREE REPLACEMENT The project requires 499 caliper inches of landscaping and 52 caliper inches of tree replacement.The Landscape Plan is just short of meeting the landscaping requirements, but with a few small adjustments,the plan will meet City Code requirements. The plan will be revised prior to the City Council Pt reading. The applicant is providing perennials and native grasses in various areas throughout the site to add color,texture and variety throughout the site. The tree replacement meets City Code. SIDEWALKS AND TRAILS The pedestrian access to the site from the trail along Wallace Road and Scenic Heights Road will remain. The applicant is proposing to include pedestrian walkways through the parking lot to move pedestrians safely from their vehicles to the main entrance of the building. These pedestrian walkways will be colored concrete so they are clearly visible and distinct from the rest of the Staff Report—Central Middle School Additions and Remodel Page 6 pavement. SHORELAND AND WETLANDS A portion of School Pond is located in the southeast corner of the site. The pond is classified as a Natural Environment Water;therefore;the site is in a Shoreland. The new additions to the building meet the Shoreland setbacks. In addition,there is a wetland around the pond. The wetland has been delineated and the wetland buffer and structure setback have been established. Staff is recommending placement of a Conservation Easement this area. City Code restricts impervious coverage in the Shoreland to 30%. The site as planned has 42.2% impervious coverage. The school currently exceeds 30% impervious coverage. In 1992, a variance was approved allowing 45% impervious coverage on the school site. The proposed project complies with the variance granted in 1992. TRAFFIC AND FUTURE SCENIC HEIGHTS IMPROVEMENTS A traffic study was completed for this project. The focus of the traffic study was around internal operations of the school site as well as the intersection operation at Scenic Heights Rd and School Rd. The existing level of service (LOS) at the intersection is D, which is acceptable. Queues from the AM drop off extend down to Scenic Heights Rd causing queues eastbound and westbound to reach a maximum of 200'. The proposed drop off area will increase from 200' to 600'. Improved site circulation and additional drop off area is anticipated to resolve the queues on Scenic Heights Rd, however, exiting queues on School Rd is expected to worsen in the AM peak. Promoting the use of the north loop road should improve exiting queue lengths. Improvements to Scenic Heights Road are anticipated to occur at some point in the future and will be initiated by the City of Eden Prairie. The improvements identified in the traffic study listed vehicle and pedestrian modifications at the School Road intersection to improve operations. Participation by the school district in regards to financial contributions are expected. Permanent and temporary easements will likely be necessary for the improvements and should be provided at no cost to the City. LIGHTING The applicant is proposing new lighting on the building additions,lighting along the drive around the north side of the building, in the parking lot and near the bus drop off area. The lighting complies with City Code. DRAINAGE The project includes several stormwater BMP's including surface and underground infiltration basins. The surface infiltration basins are located northwest of the building and southwest of the existing parking lot. Underground infiltration is proposed under the bus drop off area. SIGNS The building signs proposed with this project will require separate approval through the Sign Permit Staff Report—Central Middle School Additions and Remodel Page 7 process. SUSTAINABLE FEATURES Eden Prairie Schools has an ongoing commitment to sustainability. The project includes a number of sustainable features including the following: • Rooftop solar arrays will be added on the east classroom addition • Vertical sunshades will be installed on the major glass facades at the performing arts lobby and cafeteria • Low E high performance glass will be installed on the south and west facades of the building • All interior lighting will be LED with vacancy controls and daylighting controls to facilitate daylight harvesting • All exterior lighting will be LED • The HVAC system will be controlled by an energy management system for scheduling and control of the system • Native plant species have been incorporated into the landscaping to promote water conservation • The existing asphalt pavement will be recycled on-site and reused as new base material to reduce off-site trucking and gravel mining • An EV charging station is being proposed in the east parking lot BIDDING PROCESS Similar to City projects, as a public entity, the School District is required to solicit bids for the construction of the building additions,remodeling and site improvements. The bidding process may necessitate bid alternates and some changes to the plans. Since the bid opening will occur after City approvals, the School District will coordinate with and inform the City of any proposed alternates so the city can review the changes for general compliance with the spirit and intent of City code and City Council approvals. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 57.4 acres • Planned Unit Development District Review with waivers on 57.4 acres • Site Plan Review on 57.4 acres • Preliminary Plat to combine multiple parcels into 1 lot on 57.4 acres This is based on plans stamp dated November 27, 2019, and staff report dated December 4, 2019. 1. Prior to the 1'reading by the City Council, the applicant shall: • Revise the Certificate of Survey to include the existing right-of-way within the property adjacent to Scenic Heights Road and School Road. • Revise the Preliminary Plat to clearly show the perimeter drainage and utility easements. Staff Report—Central Middle School Additions and Remodel Page 8 • Provide details of the rooftop mechanical screening. • The school has submitted a draft traffic study, which includes city comments,with their application. In addition to addressing the city comments, the study will need the Special Event Conditions, Additional Site Plan Considerations and Recommendations sections completed for approval. • Revise the Geometric Plan West to include the square footage of each parking lot island. • Provide calculations justifying the size of the pretreatment chambers or size appropriately. • Provide a detail showing the design of the pretreatment chambers compared with the other chambers. • Show the locations of manholes or other access for maintenance of the pretreatment chambers and infiltration chambers. • Revise the Utility Plans to clearly show how the stormwater drains into and out of the underground BMP located under the perimeter of the track and how pretreatment is provided for this BMP and access for the inspection and maintenance of this system. • Provide a storm sewer schedule including structure diameter,build height, and casting type. • Revise the Utility Plans by excluding the contours and showing the water service to the Theater Addition. • Revise the Utility Plans to clearly indicate all valves and hydrants and the appropriate pipe and class of material and their locations. • Revise the Utility Plan to address the following comments regarding hydrants: o Add a hydrant near the main entrance on the west side o Move the hydrant on the far west side near the performance area to the other side of the sidewalk closer to the access road o Add a hydrant along the access road on the north side near the classroom addition o Add a hydrant on the south side of the bus drop off loop o Add a remote FDC • Submit a cut/fill analysis. • Revise the Landscape Plans to include landscaping in the island on the north side of the east parking lot. • Revise the Overall Landscape Plan by changing the minimum size of the Royal Frost Birch to 2 1/2 caliper inches. • Revise the Overall Landscape Plan to include 13 additional caliper inches. This could be accomplished by increasing the size of some of the trees in the Plant Schedule or adding additional trees to the plan. • It appears that there are some trees in the drainage and utility easement along the west property line. Revise the Landscape Plans by moving the trees out of the easement. • Revise the Overall Landscape Plan by identifying which trees satisfy the Tree Replacement requirement. • Revise the Overall Landscape Plan to say Tree Replacement and Landscaping Staff Report—Central Middle School Additions and Remodel Page 9 Calculation and the calculations that are based on building floor area should be titled Landscape Calculation. • Revise the Surveyor's Notes on the Preliminary Plat to say that the property is in the Shoreland. 2. The Development Agreement shall address the timing of the installation of the EV charging station and the rooftop solar arrays. 3. Prior to release of the final plat, the applicant shall: A. Obtain City approval to vacate right-of-way and drainage and utility easements on the property. B. Provide a Conservation Easement document for review and approval by the City Engineer. The document shall be filed with the final plat. 4. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland,utility, street and erosion control plans for review and approval by the City Engineer. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. 5. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated November 27, 2019. A. Building Height—City Code sets a maximum building height of 30' high in the Public Zoning District. The waiver allows the fly loft in the theater at 52", one of the building masses around the fly loft at 39' 4"high and the new gymnasium at 31' 4" high. B. Parking Lot Front Yard Setback—City Code requires parking stalls to meet the front yard setback of 50 feet. The waiver allows maintenance of the same number as the existing parking stalls encroaching into the front setback. C. Façade Articulation—City Code requires facade articulation if a facade exceeds 40 feet in length. The waiver allows the north side of the theater and the west facade of the gymnasium addition to exceed 40 feet without articulation. D. Building Material - City Code requires buildings in the Public Zoning District to include at least three contrasting yet complimentary Class I materials such as glass, brick, and stone with one color variation therein. The waiver allows the south and east elevations to include only two Class I materials (brick and glass). E. Fence Height—City Code limits fence height to 7 feet. The waiver allows an 8 foot high chain link fence around the running track. Staff Report—Central Middle School Additions and Remodel Page 10 F. Parking Lot Islands in the Bus Drop Off Area—City Code requires islands in parking lots to break up large expanses of pavement and provide landscaping in the parking lot. The waiver allows the bus drop off area to be designed without parking lot islands. Location Map: Central Middle School Building Additions and Remodel Address: 8025 School Road Eden Prairie, Minnesota W 79th St. J 4 4J / Project Site G. Z ° ci ) , 4--__.._______, *ry a, Techn„.0. D� �� ` r. r . �mm 0 0 El --,1 .../ / / Scenic Hei hts Rd. � 7 a � CA °GI * oA - r Q ifill v v c v v e Can on Rda. ) °. 0 .• '2] Ef o D 4..c:, cjpgr-3 rjR D so<1 8P r Q 0 190 380 760 Feet I I I I I I I I Zoning Map: Central Middle School Building Additions and Remodel Address: 8025 School Road Eden Prairie, MN 55344 / gli: ____ 78TH _jProPos : torezoneunderIYing R122 zoning to Public L 1 I / �1 ....-•I' 411141 / / Proposing to rezone from Industrial to Public • le SCHOOL 40 I� ziA F 111111111 • iI / S . Proposing to rezone from Rural to Public _ iii j Proposing to rezone from Pik, LRurai to Public ,� City of Eden Prairie Zoning Map I Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I OD I General Development Waters(Creeks Only) '', . •I ,i R1-9.5 One Family-9,500 sf min. I�Industrial Park-2Acre Min, I 100- Year Floodplain I—I RM-6.5 Multi-Family-6.7 U.P.A.max. pigEDEN Industrial Park-5 Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 I I Office I I Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE I I Neighborhood Commercial I I Golf Course Date:March 1,2009 -Community Commercial I I Water In ease of discrepancy related to a zoning classification on this zoning map,the ominan. LIVE.114011k•Q8 E A M and attached legal description on file at Eden Praise City Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0.1 0.2 Miles ,...,.. .=. ,.. .1 Aerial Map: Central Middle School Building Additions and Remodel Address: 8025 School Road Eden Prairie, Minnesota :41rior 41111. IF ),.. ._ ,,,, ,......._ _ .,- ti W 79th St. 4,,a ,, ;� Project le ,4, T.F- ( Site s. , fi ,, •%11111110\ 1 s:� .�� t . •t r * r \ - n ,�ti �� nO 4. ech %. ,�� "r ti i! -- weir ` �r i O .e, Alag A 1;" -ILI" e • • '/ -1 Middle School _ _.. �— i� -.a S `. a i ma's w N. �`• F . f I =.am i z � s - • 4.111111L Scenic Hei•hts Rd. , la fri m.„ i 1/41111 II A 1. ,, • an on Rd. 0 190 380 760 Feet I I I I I I 1 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER 9, 2019 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Commission members Higgins, Weber and Villarreal were absent. III. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Farr to approve the agenda. MOTION CARRIED 5-0. IV. MINUTES MOTION: Farr moved, seconded by DeSanctis to approve the minutes of November 18, 2019. MOTION CARRIED 5-0. V. PUBLIC HEARINGS A. CENTRAL MIDDLE SCHOOL (2019-22) Request for: • Planned Unit Development Concept Review on 57.4 acres • Planned Unit Development District Amendment with Waivers on 57.4 acres • Site Plan Review on 57.4 acres • Preliminary Plat to combine multiple parcels into one lot on 57.4 acres PLANNING COMMISSION MINUTES December 9, 2019 Page 2 Jason Mutzenberger, Director of Services for Eden Prairie School District introduced architect Michael DeVetter with DeVetter Design Group and Jay Pomeroy with Anderson, Johnson&Associates, and displayed a PowerPoint to explain the application. The process began in 2016 with an academic plan that required facility adjustments. Multiple avenues of feedback were explored and synthesized into the Designing Pathways initiative which included this site improvement at a cost of 39.9 million dollars. DeVetter explained the improvements: additional classroom space, a performing arts center, and expanded cafeteria and gymnasium spaces. He displayed and explained the overall floor plan. The white canopy entrance would be removed and made more secure with a new public entrance. The performing arts center would be state-of-the-art 700-seat audio-visual space with a control booth and an orchestra pit. Classrooms would be relocated from the east side to the west side. The new gymnasium would combine the existing three to accommodate larger events. Locker rooms would be improved and one added for sixth graders. 26 classrooms would be added with a collaborative space design option along with traditional classrooms and labs. The cafeteria addition would be 6,000 square feet, linking the existing separate spaces with improved access to daylight. Long, unarticulated corridors would be opened up and made more pleasant and collaborative. Pomeroy explained the site plan with the bus corral and traffic circulation. More queuing lane and stacking was needed. The bus corral would be striped to prevent parking during events and school times. The northern drive linking the two parking lots would be made a more delineated connection to give parents two options for egress. The large parking lot to the east would be reconfigured to allow pedestrians to walk with the traffic and the pedestrian paths would be highlighted with colored concrete. The western parking lot would be repaved and given landscaped parking islands. A stormwater infiltration basin and rain garden would be added and another large infiltration basin would be used for biology classes. Pomeroy explained the locations of the sports facilities, many of which would not be moved. A traffic study was being conducted. Not included in this proposal but still in draft version was the connection between School Road and Scenic Heights Boulevard. The traffic report would address this. Phase I would be constructed this summer(bus corral and east half of the site); Phase II in 2020 with the east-west connection. All construction, with the possible exception of the arts center, would be complete by August, 2021. Devetter displayed and explained the existing eastern elevation. A darker, complementary brick, red brick at the entrance, silver panel would be used to match the district rebranding. He displayed the color palette and materials samples. The building articulation would follow the massing. He displayed mock-ups to illustrate the concept. PLANNING COMMISSION MINUTES December 9, 2019 Page 3 DeSanctis asked how the southeast security lighting would change. Pomeroy replied the lighting would be replaced with LED lighting. Devetter assured the security lighting would not illuminate the parking lot but supply a focused, low- level illumination. The football field would not be lit; the gymnasium and the theatre would. DeSanctis noted this had a long construction timeline, but Devetter noted it was not long considering the complexity of the project. DeSanctis asked the load limit on Scenic Heights Road. Devetter could not answer but Knutson Construction would be working with them to follow all load limits. Farr commended the design. He asked if the drop-off demand was a trend or due to the sixth grade class and if an incentive to take the bus would be effective. Mutzenberger replied it was an increase of about a third, and it was due to the addition of the sixth grade with the pattern remaining the same; no more students were being dropped off or taking the bus. He agreed bus usage could be encouraged but did not have a specific strategy. Bus and ride sharing were more frequent with elementary students, whereas sports and after school activities could increase parents driving middle students around. Farr asked is the cafeteria was being expanded and the lunchtime reduced without a kitchen expansion. Mutzenberger replied all food was prepared at the high school and delivered to this site, which was geared toward warming food and preparing side dishes. More students would be served after the redesign. Farr asked what target year this design was responding to (two years out, ten years out, et cetera). Mutzenberger replied this was the ten-year improvement plan. Education delivery would not change; the emphasis on personalized learning would continue with flexible furniture, facilitated conversations, and collaborative spaces. Kirk asked for demographic information related to students. Mutzenberger confirmed that 626-700 student enrollments were projected over the next ten years. He expected the student body's number to remain stable. Farr asked about the visibility from Highway 212. Devetter stated no study was done from Highway 212 but the sound wall was quite tall and he expected the impact to be minimal; no logo was planned to go there. Farr asked if there was a two-story element, and Mutzenberger displayed and explained the clerestory between the classrooms meant to bring in light, especially to the interior classrooms that did not have windows. Farr noted the west would be a windy place and encouraged wind walls using strategic landscaping to cut down on breezes. Mutzenberger asked for and received clarification the wind would come from the northwest; he expected the performing arts center to block the winds. DeSanctis asked if there was a plan to recapture water near the new performing arts center. Pomeroy explained the landscaped islands with native plants were part of this plan, and the planned infiltration area to the north was more effective than putting one in right off the corner of the center. The outdoor performing arts area was terraced grass and would also help. The applicant was trying to minimize the amount of pavement, and the semi-circular concrete area outside the west PLANNING COMMISSION MINUTES December 9, 2019 Page 4 entrance would be landscaped. DeSanctis asked what percent of the mature, large- caliper trees lining the sound wall would be removed. Pomeroy replied very few would be removed, only along the low north drive, and the applicant tried to minimize this impact. The trees would be replaced. DeSanctis noted the location of a peace garden at the west entrance and asked if it would be protected, and Mutzenberger assured him it would be preserved with no change. DeSanctis asked if the large caliper trees would be preserved on the embankments on the west side and the north side of the school pond. The bluff and the pond would remain untouched. DeSanctis commended the traffic flow plan at School Road and Scenic Heights Road and asked if a roundabout was possible and/or the intersection to the north could not be widened and leveled to allow for a left turning lane. Pomeroy replied this could be possible; this was a challenging intersection. The intent was to keep that route as straight as possible while accommodating trucks. The consultant was working on this and a roundabout was also possible. DeSanctis asked if metal detectors were being installed. Mutzenberger replied research was done and metal detectors were not an option for this school district; staffed secure entrances, corridor lockdown techniques and safety glass would be utilized instead. Those with an evil intent to enter could not be absolutely prevented but with a trained staff and the beneficial partnership with the City the district could provide a safe environment. Mette suggested pervious pavers in the center of the bus corral and a change to the northern road. Instead of looping around the entire site, she suggested it meet with the corral if possible being that the bus stalls were not continuously used. Pomeroy replied the slope might make pervious pavers ineffective and having a landscaped island would make the corral too tight. The north connection involved a great deal of discussion. During the morning the buses merely dropped off students but they parked there during the afternoon. The intent was not to bisect any of the buses and exit without impacting any bus staging, stacking or egress. Mutzenberger added the goal was to allow parents to flow through the site and exit as easily as possible. This road was presently a fire lane road and allowing parents to use it as a two-lane road would be a huge improvement. Farr emphasized the danger of trying to accommodate too many different parties and urged the district to incentivize parents to utilize district bussing instead of trying to make it as easy as possible for them to drive children to and from school when they had to negotiate a hairpin turn. Mette suggested incentivizing the kids to take the bus, considering they were now learning about sustainability and environmental concerns. Klima presented the staff report. The applicant was requesting approval to remodel and construct several additions at the Central Middle School at 8025 School Road behind the School District's Administrative Services Center, which included the Administrative Services Center, the middle school, and outdoor PLANNING COMMISSION MINUTES December 9, 2019 Page 5 athletic facilities. This included approximately 82,000 square feet of additions and 50,000 square feet of remodeling and included the following additions to the school: theater, gymnasium, cafeteria and classrooms. The property would be rezoned to public and a preliminary plat request to make it a single lot. The project would also expand and reconstruct the main entrance on the west side of the school and create a new secure entrance. Included were a number of site improvements and changes to the bus drop off area, the parking lot on the west side of the school and the area where parents drop off students. Waivers included building height, a front yard parking lot setback, which was an existing condition. A façade articulation waiver would allow the proposed gymnasium design and the district did provide 75 percent complementary Class One materials but offered only two, rather than three different materials, hence the waiver for this. A waiver for a higher fence around the running track reflected what one saw at other school facilities and City parks. The final waiver addressed the parking lot islands, which were usually included in commercial sites. This application included eight to ten sustainable features. The school district would have to go through the bidding process, which meant there could be bid alternates in the future. The design before the commission reflected the current information at this time and any pending approval would reflect what was intended through this review process. Staff recommended approval with the conditions, mostly detail items, included in the staff report. Kirk asked staff to address the traffic report process. Rue replied with the traffic study different options were being analyzed, with a stop sign at School Road being considered. Onsite improvements such as the longer drop off area and the improved interior circulation would relieve the short term traffic issue on Scenic Heights Road. The design resulting from the traffic study would be a future discussion and application. This intersection would be examined during the Capital Improvement Plan in 2020. Farr noted the shoreland setback combined some lots and asked how the percentages of pervious surface were tied to this. Klima stated in 2000 the school district went through a process to receive a variance to exceed 30 percent of impervious surface for the entire site, so all of these combined properties did not affect this. Farr asked if the bus radius could be widened and a landscaping element put in the additional yard space facing Wallace Road in lieu of parking lot islands. MOTION: Kirk moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 5-0. Mette commended the architecture and thanked the architects. DeSanctis commended the consideration of solar panels and the inclusion of natural light. MOTION: Kirk moved, seconded by Mette to recommend approval for a Planned Unit Development Concept Review on 57.4 acres; Planned Unit Development Amendment with waivers on 57.4 acres; Site Plan Review on 57.4 PLANNING COMMISSION MINUTES December 9, 2019 Page 6 acres; and Preliminary Plat to combine multiple parcels into one lot on 57.4 acres based on Plans stamped dated November 27, 2019 and the staff report dated December 3, 2019. MOTION CARRIED 5-0. B. CODE AMENDMENT FOR R1-9.5 SIDE YARD SETBACKS (2019-25) Request to: • Amend City Code Chapter 11 relating to side yard setbacks in the R1-95 zoning district Klima explained this was the City's smallest single family residential district. It was created in 1982 and lagged behind in creation time compared to other districts and recognized the need for some smaller lots. The setback requirement was cumbersome and open to interpretation, so staff requested this language update for clarity and consistency for equitable application. The proposed code amendment clarified City expectations, created no non-conformities on existing R1-9.5 properties, allowed flexibility, and was consistent with recent Planned Unit Development waiver requests. The goal was to clearly state the minimum side yard setbacks in R1-9.5 district and to be consistent with the chart display of side yard setbacks in the R1-44, R1-22 and R1-13.5 zoning districts chart, and to delete language in Section 11.03, Subdivision 2., A., 8 of which that could be interpretive in regard to minimum side yard setback. Farr asked the City's allowance for backyard service and emergency vehicle access. Klima replied she was not aware of any concerns; the City had a"healthy" amount of such properties and there were no issues of access. Rue added most emergency situations involved easements and he was aware of certain obstacles to access such as fences, shrubs, trees, grade changes and retaining walls,but he could recall no problems of access in this case. MOTION: Mette moved, seconded by Kirk to close the public hearing. MOTION CARRIED 5-0. MOTION: DeSanctis moved, seconded by Farr to recommend approval to amend City Code Chapter 11 regarding side yard setbacks in the R1-9.5 zoning district based on information in the staff report dated December 4, 2019. MOTION CARRIED 5-0. VI. PLANNERS' REPORT Klima announced the 2020 Work Plan distributed to the commission would take more of a proactive approach and had identified City-led initiatives such as a new commissioner training curriculum in the first quarter, and code amendments in the other quarters including zoning districts and changes to the zoning ordinance. Staff recommended approval of the work plan presented to the commission tonight and it would be presented to the City Council in February, 2020. PLANNING COMMISSION MINUTES December 9, 2019 Page 7 MOTION: Farr moved, seconded by Mette to approve the 2020 Work Plan. MOTION CARRIED 5-0. Klima announced the next meeting would be held January 13, 2020 and staff would bring the training curriculum at that time. VII. MEMBERS' REPORTS Farr noted the performing arts center sign above the Central Middle School's new center and suggested naming it after Principal Joe Epping. VIII. ADJOURNMENT MOTION: Kirk moved, seconded by DeSanctis to adjourn. MOTION CARRIED 5-0. The meeting was adjourned at 8:29 p.m. EDEN PRAIRIE CENTRAL MIDDI ADDITIONS & REMODELS 2020 tEpoAmiersim-Johnson fAI EDEN PRAIRIE SCHOOLS rn� Inspiring student every day D E V E T T E R DESIGN G R O U P O 2016 — Eden Prairie began process to define a 10 year plan of its academic programming and supporting facilities O 2017 — Community research process to define academic programming goals and changes O 2018 — 2019 — Designing Pathways Improve Middle School Experience Transition 4 year — Old preschool to the elementary schools Improve Safety and security across all District schools Redesign classrooms to emphasize collaboration, creativity, communication and critical thinking O 2019 Successful 39.9-million-dollar community supported referendum 80,000 SF of Additions 50,000 SF Renovations 700 Seat Auditorium New west Entrance Gymnasium Addition Cafeteria Addition 26 additional classrooms %Epif New Music Wing .rA� 4oder5ociJohnson ASSY�L1lltN5, EDEN PRAIRIE SCHOOLS Inc. 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Intuiting each student every day ❑E V E T T E R DESIGN G R O U P CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—R1-9.5 side IX.B. Janet Jeremiah/ Steve Durham Yard Setbacks Requested Action Move to: • Close the Public Hearing; and • Approve the Ordinance to Amend City Code Chapter 11, Section 11.03, Subd. 2. A. 8. and Subd. 2. B. within the R1-9.5 zoning district regarding the minimum side yard setback. Synopsis The R1-9.5 zoning district established in 1982 allows for small lot subdivisions. This small lot single family-zoning district requires a minimum lot size of 9,500 square feet and minimum side yard setback requirements utilizing language that effectively requires a minimum one side yard setback of 5' and total 15' both sides. The existing language regarding side yard setback is cumbersome and open to interpretation regarding how to apply the setback requirements. The proposed code amendment clarifies City expectations, does not create non-conformities on existing R1-9.5 properties, allows for flexibility, and is consistent with recent Planned Unit Development waiver requests. The goal of the code amendment to R1-9.5 side yard setbacks is to: • Clearly state the minimum side yard setbacks in R1-9.5 district and to be consistent with the chart display of side yard setbacks in the R1-44, R1-22 and R1-13.5 zoning districts chart. • Delete language in Section 11.03, Subdivision 2., A., 8 that can be interpretive in regard to minimum side yard setback being garage side 5' and house side 10'. Background At its December 9, 2019 Planning Commission meeting, the Commission voted 5-0 to recommend approval of the R1-9.5 side yard setback amendments as presented in the staff report dated December 4, 2019. Attachments 1. Ordinance 2. Staff Report dated December 4, 2019 3. Approved Planning Commission Minutes December 9, 2019 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03, SUBDIVISION 2, RELATING TO SIDE YARD SETBACKS IN THE R1-9.5 ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.03, Subdivision 2 is hereby amended by deleting subsection A.8 in its entirety. Section 2. City Code Chapter 11, Section 11.03, Subdivision 2.B is hereby amended by deleting Table 1 in its entirety and replacing it with Table 1 attached hereto as Exhibit A. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of January, 2020, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2020. Kathleen Porta, City Clerk Brad Aho, Acting Mayor Published in the Eden Prairie News on the day of , 2020. EXHIBIT A Minimum Lot Minimum Yard-Setback Resident Minimu Minimu Width-Depth Minimum Gross Group Max Maximu ial m m Lot Width Site Usable Floor m Districts Zone Lot Size at Right Area Open Area Height Area of Way Per Space Per Ratio of Main (Acreag Width Depth Line Front One Both Rear Dwellin Dwelling (FA Structur e/ Ft. Ft. Ft. Side Ft. Sides Ft. Ft. g Unit Unit R) e Sq.Ft.) Sq.Ft. Sq.Ft. (Ft.) Or Acres Rural 10 10 300 300 300 50 50 150 50 10 N/A N/A 40 Acres Acres Acres R1-44 44,000 44,000 100 150 100 30 15 30 30 44,000 Park Ded. N/A 40 R1-22 22,000 22,000 90 125 90 30 15 30 25 22,000 Park Ded. N/A 40 R1-13.5 13,500 13,500 85* 100 85 30 10 25 20 13,500 Park Ded. N/A 40 R1-9.5 9,500 9,500 70* 100 70 30 5 10 20 9,500 Park Ded. N/A 40 RM-6.5 13,000 3,000 24 100 24 30 10 20 20 6,500 Park Ded. N/A 40 Plus 1000 Sq. Ft./Unit RM-2.5 25,000 25,000 150 150 150 35 25 50 30 2,500 Park Ded. N/A 45 Plus 600 Sq. Ft./Unit STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: December 4, 2019 SUBJECT: Code Amendment— Side Yard Setback in the R1-9.5 District BACKGROUND: The R1-9.5 zoning district was established in 1982 to allow for small lot subdivisions. This small lot single family-zoning district requires a minimum lot size of 9,500 square feet and side yard setback requirements utilizing wording that effectively required a minimum one side yard setback of at least 5' one side and a total 15' both sides for a double car garage. The language goes on to provide additional and different details in cases where a single car garage is constructed. The intent of the language was to allow for a future second stall garage addition. Very few instances of single car garage construction have occurred since the adoption of the R1-9.5 zoning district. In addition, the existing language is cumbersome and could potentially lead to inconsistencies when applying the setback requirement. Staff is proposing that the language be amended to provide additional clarity and consistency with other zoning districts. DISCUSSION: Currently, City Code provides for detailed and somewhat interpretive language in noting the side yard setback requirements in the R1-9.5 zoning district. Please refer to the table later in this memo for specific language. The cumbersome and potentially interpretive side yard setback wording was formulated to provide for a future garage addition in the scenario of initial single car garage construction. Research indicates there are only two instances in 37 years, since the establishment of R1-9.5 zoning district, where a single car garage was built at initial time of construction. The current wording of Subd. 2, Item 8 creates room for interpretation which side the 5' setback is assigned to, that is garage side or house side. Depending upon specific home designs, there may have living space behind the garage or living space above the garage. The setback requirement designates minimum setbacks. Therefore, Code amendment will not create non-conforming setbacks in the R1-9.5 Districts. It is anticipated the R1-9.5 subdivision will be used heavily with infill development and for housing to accommodate life cycle housing including first time homebuyers and empty nester housing. Communities of Chanhassen, Woodbury, Lakeville and Maple Grove have zoning districts comparable to R1-9.5 with the minimum side yard setback of 5' one side total 15' both sides without any designations which is house side or garage side. The goal of this code amendment to R1-9.5 side yard setbacks is to: Clearly state the minimum side yard setbacks in R1-9.5 district to be consistent with the R1-44, R1-22 and R1-13.5 zoning districts and simplify the R1-9.5 side yard setback wording. Current Code displays the follow chart: Table 1 Section 11.03 Minimum Minimum Yard-Setback Reside Minim Minimu Lot Minimu ntial um m Width-Depth m Lot District Zone Lot Width s Area Size at Right (Acrea of Way ge/ Wid Depth Line Front One Both Rear Sq. th Ft. Ft. Side Ft. Sides Ft. Ft.) Ft. Ft. Rural 10 10 300 300 300 50 50 150 50 Acres Acres R1-44 44,000 44,000 100 150 100 30 15 30 30 R1-22 22,000 22,000 90 125 90 30 15 30 25 R1- 13,500 13,500 85* 100 85 30 10 25 20 13.5 R1-9.5 9,500 9,500 70* 100 70 30 {See {See 20 Subd. 2 Subd. 2 Item 8) Item 8) 5 15 RM- 13,000 3,000 24 100 24 30 10 20 20 6.5 RM- 25,000 25,000 150 150 150 35 25 50 30 2.5 , City Code, Chapter 11, Section 11.03, Subdivision 2,. A., 8. 8. In the R1-9.5 District, the side yard setback on the garage side, where there is a double garage, is at least 5 feet, for a total of at least 15 feet on both sides, and where there is a single garage, the side yard setback on the garage side is at least 17 feet, for a total of at least 27 feet on both sides. STAFF RECOMMENDATION: Staff recommends approval of the following Code amendments as represented in the Planning Commission staff report dated 12-04-19: • Deletion of City Code, Chapter 11, Section 11.03, Subdivision 2 A. 8. • Alter Table 1 Section 11.03 in the R1-9.5 district Minimum Yard-Setback to read One Side Ft. 5' Both sides 15'. 2 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER 9, 2019 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Commission members Higgins, Weber and Villarreal were absent. III. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Farr to approve the agenda. MOTION CARRIED 5-0. IV. MINUTES MOTION: Farr moved, seconded by DeSanctis to approve the minutes of November 18, 2019. MOTION CARRIED 5-0. V. PUBLIC HEARINGS A. CENTRAL MIDDLE SCHOOL (2019-22) Request for: • Planned Unit Development Concept Review on 57.4 acres • Planned Unit Development District Amendment with Waivers on 57.4 acres • Site Plan Review on 57.4 acres • Preliminary Plat to combine multiple parcels into one lot on 57.4 acres PLANNING COMMISSION MINUTES December 9, 2019 Page 2 Jason Mutzenberger, Director of Services for Eden Prairie School District introduced architect Michael DeVetter with DeVetter Design Group and Jay Pomeroy with Anderson, Johnson&Associates, and displayed a PowerPoint to explain the application. The process began in 2016 with an academic plan that required facility adjustments. Multiple avenues of feedback were explored and synthesized into the Designing Pathways initiative which included this site improvement at a cost of 39.9 million dollars. DeVetter explained the improvements: additional classroom space, a performing arts center, and expanded cafeteria and gymnasium spaces. He displayed and explained the overall floor plan. The white canopy entrance would be removed and made more secure with a new public entrance. The performing arts center would be state-of-the-art 700-seat audio-visual space with a control booth and an orchestra pit. Classrooms would be relocated from the east side to the west side. The new gymnasium would combine the existing three to accommodate larger events. Locker rooms would be improved and one added for sixth graders. 26 classrooms would be added with a collaborative space design option along with traditional classrooms and labs. The cafeteria addition would be 6,000 square feet, linking the existing separate spaces with improved access to daylight. Long, unarticulated corridors would be opened up and made more pleasant and collaborative. Pomeroy explained the site plan with the bus corral and traffic circulation. More queuing lane and stacking was needed. The bus corral would be striped to prevent parking during events and school times. The northern drive linking the two parking lots would be made a more delineated connection to give parents two options for egress. The large parking lot to the east would be reconfigured to allow pedestrians to walk with the traffic and the pedestrian paths would be highlighted with colored concrete. The western parking lot would be repaved and given landscaped parking islands. A stormwater infiltration basin and rain garden would be added and another large infiltration basin would be used for biology classes. Pomeroy explained the locations of the sports facilities, many of which would not be moved. A traffic study was being conducted. Not included in this proposal but still in draft version was the connection between School Road and Scenic Heights Boulevard. The traffic report would address this. Phase I would be constructed this summer(bus corral and east half of the site); Phase II in 2020 with the east-west connection. All construction, with the possible exception of the arts center, would be complete by August, 2021. Devetter displayed and explained the existing eastern elevation. A darker, complementary brick, red brick at the entrance, silver panel would be used to match the district rebranding. He displayed the color palette and materials samples. The building articulation would follow the massing. He displayed mock-ups to illustrate the concept. PLANNING COMMISSION MINUTES December 9, 2019 Page 3 DeSanctis asked how the southeast security lighting would change. Pomeroy replied the lighting would be replaced with LED lighting. Devetter assured the security lighting would not illuminate the parking lot but supply a focused, low- level illumination. The football field would not be lit; the gymnasium and the theatre would. DeSanctis noted this had a long construction timeline, but Devetter noted it was not long considering the complexity of the project. DeSanctis asked the load limit on Scenic Heights Road. Devetter could not answer but Knutson Construction would be working with them to follow all load limits. Farr commended the design. He asked if the drop-off demand was a trend or due to the sixth grade class and if an incentive to take the bus would be effective. Mutzenberger replied it was an increase of about a third, and it was due to the addition of the sixth grade with the pattern remaining the same; no more students were being dropped off or taking the bus. He agreed bus usage could be encouraged but did not have a specific strategy. Bus and ride sharing were more frequent with elementary students, whereas sports and after school activities could increase parents driving middle students around. Farr asked is the cafeteria was being expanded and the lunchtime reduced without a kitchen expansion. Mutzenberger replied all food was prepared at the high school and delivered to this site, which was geared toward warming food and preparing side dishes. More students would be served after the redesign. Farr asked what target year this design was responding to (two years out, ten years out, et cetera). Mutzenberger replied this was the ten-year improvement plan. Education delivery would not change; the emphasis on personalized learning would continue with flexible furniture, facilitated conversations, and collaborative spaces. Kirk asked for demographic information related to students. Mutzenberger confirmed that 626-700 student enrollments were projected over the next ten years. He expected the student body's number to remain stable. Farr asked about the visibility from Highway 212. Devetter stated no study was done from Highway 212 but the sound wall was quite tall and he expected the impact to be minimal; no logo was planned to go there. Farr asked if there was a two-story element, and Mutzenberger displayed and explained the clerestory between the classrooms meant to bring in light, especially to the interior classrooms that did not have windows. Farr noted the west would be a windy place and encouraged wind walls using strategic landscaping to cut down on breezes. Mutzenberger asked for and received clarification the wind would come from the northwest; he expected the performing arts center to block the winds. DeSanctis asked if there was a plan to recapture water near the new performing arts center. Pomeroy explained the landscaped islands with native plants were part of this plan, and the planned infiltration area to the north was more effective than putting one in right off the corner of the center. The outdoor performing arts area was terraced grass and would also help. The applicant was trying to minimize the amount of pavement, and the semi-circular concrete area outside the west PLANNING COMMISSION MINUTES December 9, 2019 Page 4 entrance would be landscaped. DeSanctis asked what percent of the mature, large- caliper trees lining the sound wall would be removed. Pomeroy replied very few would be removed, only along the low north drive, and the applicant tried to minimize this impact. The trees would be replaced. DeSanctis noted the location of a peace garden at the west entrance and asked if it would be protected, and Mutzenberger assured him it would be preserved with no change. DeSanctis asked if the large caliper trees would be preserved on the embankments on the west side and the north side of the school pond. The bluff and the pond would remain untouched. DeSanctis commended the traffic flow plan at School Road and Scenic Heights Road and asked if a roundabout was possible and/or the intersection to the north could not be widened and leveled to allow for a left turning lane. Pomeroy replied this could be possible; this was a challenging intersection. The intent was to keep that route as straight as possible while accommodating trucks. The consultant was working on this and a roundabout was also possible. DeSanctis asked if metal detectors were being installed. Mutzenberger replied research was done and metal detectors were not an option for this school district; staffed secure entrances, corridor lockdown techniques and safety glass would be utilized instead. Those with an evil intent to enter could not be absolutely prevented but with a trained staff and the beneficial partnership with the City the district could provide a safe environment. Mette suggested pervious pavers in the center of the bus corral and a change to the northern road. Instead of looping around the entire site, she suggested it meet with the corral if possible being that the bus stalls were not continuously used. Pomeroy replied the slope might make pervious pavers ineffective and having a landscaped island would make the corral too tight. The north connection involved a great deal of discussion. During the morning the buses merely dropped off students but they parked there during the afternoon. The intent was not to bisect any of the buses and exit without impacting any bus staging, stacking or egress. Mutzenberger added the goal was to allow parents to flow through the site and exit as easily as possible. This road was presently a fire lane road and allowing parents to use it as a two-lane road would be a huge improvement. Farr emphasized the danger of trying to accommodate too many different parties and urged the district to incentivize parents to utilize district bussing instead of trying to make it as easy as possible for them to drive children to and from school when they had to negotiate a hairpin turn. Mette suggested incentivizing the kids to take the bus, considering they were now learning about sustainability and environmental concerns. Klima presented the staff report. The applicant was requesting approval to remodel and construct several additions at the Central Middle School at 8025 School Road behind the School District's Administrative Services Center, which included the Administrative Services Center, the middle school, and outdoor PLANNING COMMISSION MINUTES December 9, 2019 Page 5 athletic facilities. This included approximately 82,000 square feet of additions and 50,000 square feet of remodeling and included the following additions to the school: theater, gymnasium, cafeteria and classrooms. The property would be rezoned to public and a preliminary plat request to make it a single lot. The project would also expand and reconstruct the main entrance on the west side of the school and create a new secure entrance. Included were a number of site improvements and changes to the bus drop off area, the parking lot on the west side of the school and the area where parents drop off students. Waivers included building height, a front yard parking lot setback, which was an existing condition. A façade articulation waiver would allow the proposed gymnasium design and the district did provide 75 percent complementary Class One materials but offered only two, rather than three different materials, hence the waiver for this. A waiver for a higher fence around the running track reflected what one saw at other school facilities and City parks. The final waiver addressed the parking lot islands, which were usually included in commercial sites. This application included eight to ten sustainable features. The school district would have to go through the bidding process, which meant there could be bid alternates in the future. The design before the commission reflected the current information at this time and any pending approval would reflect what was intended through this review process. Staff recommended approval with the conditions, mostly detail items, included in the staff report. Kirk asked staff to address the traffic report process. Rue replied with the traffic study different options were being analyzed, with a stop sign at School Road being considered. Onsite improvements such as the longer drop off area and the improved interior circulation would relieve the short term traffic issue on Scenic Heights Road. The design resulting from the traffic study would be a future discussion and application. This intersection would be examined during the Capital Improvement Plan in 2020. Farr noted the shoreland setback combined some lots and asked how the percentages of pervious surface were tied to this. Klima stated in 2000 the school district went through a process to receive a variance to exceed 30 percent of impervious surface for the entire site, so all of these combined properties did not affect this. Farr asked if the bus radius could be widened and a landscaping element put in the additional yard space facing Wallace Road in lieu of parking lot islands. MOTION: Kirk moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 5-0. Mette commended the architecture and thanked the architects. DeSanctis commended the consideration of solar panels and the inclusion of natural light. MOTION: Kirk moved, seconded by Mette to recommend approval for a Planned Unit Development Concept Review on 57.4 acres; Planned Unit Development Amendment with waivers on 57.4 acres; Site Plan Review on 57.4 PLANNING COMMISSION MINUTES December 9, 2019 Page 6 acres; and Preliminary Plat to combine multiple parcels into one lot on 57.4 acres based on Plans stamped dated November 27, 2019 and the staff report dated December 3, 2019. MOTION CARRIED 5-0. B. CODE AMENDMENT FOR R1-9.5 SIDE YARD SETBACKS (2019-25) Request to: • Amend City Code Chapter 11 relating to side yard setbacks in the R1-95 zoning district Klima explained this was the City's smallest single family residential district. It was created in 1982 and lagged behind in creation time compared to other districts and recognized the need for some smaller lots. The setback requirement was cumbersome and open to interpretation, so staff requested this language update for clarity and consistency for equitable application. The proposed code amendment clarified City expectations, created no non-conformities on existing R1-9.5 properties, allowed flexibility, and was consistent with recent Planned Unit Development waiver requests. The goal was to clearly state the minimum side yard setbacks in R1-9.5 district and to be consistent with the chart display of side yard setbacks in the R1-44, R1-22 and R1-13.5 zoning districts chart, and to delete language in Section 11.03, Subdivision 2., A., 8 of which that could be interpretive in regard to minimum side yard setback. Farr asked the City's allowance for backyard service and emergency vehicle access. Klima replied she was not aware of any concerns; the City had a"healthy" amount of such properties and there were no issues of access. Rue added most emergency situations involved easements and he was aware of certain obstacles to access such as fences, shrubs, trees, grade changes and retaining walls,but he could recall no problems of access in this case. MOTION: Mette moved, seconded by Kirk to close the public hearing. MOTION CARRIED 5-0. MOTION: DeSanctis moved, seconded by Farr to recommend approval to amend City Code Chapter 11 regarding side yard setbacks in the R1-9.5 zoning district based on information in the staff report dated December 4, 2019. MOTION CARRIED 5-0. VI. PLANNERS' REPORT Klima announced the 2020 Work Plan distributed to the commission would take more of a proactive approach and had identified City-led initiatives such as a new commissioner training curriculum in the first quarter, and code amendments in the other quarters including zoning districts and changes to the zoning ordinance. Staff recommended approval of the work plan presented to the commission tonight and it would be presented to the City Council in February, 2020. PLANNING COMMISSION MINUTES December 9, 2019 Page 7 MOTION: Farr moved, seconded by Mette to approve the 2020 Work Plan. MOTION CARRIED 5-0. Klima announced the next meeting would be held January 13, 2020 and staff would bring the training curriculum at that time. VII. MEMBERS' REPORTS Farr noted the performing arts center sign above the Central Middle School's new center and suggested naming it after Principal Joe Epping. VIII. ADJOURNMENT MOTION: Kirk moved, seconded by DeSanctis to adjourn. MOTION CARRIED 5-0. The meeting was adjourned at 8:29 p.m. R1-9 . 5 SETBACK CODE AMENDMENT CURRENT R1-9.5 SIDE YARD SETBACK REQUIREMENTS: Residential Minimum Minimum Lot Min. Lot Min. Lot Minimum Lot Minimum Minimum Minimum both Minimum District Zone Area size Width Ft. Depth Ft. Width at R.O. W front yard one side ft. sides Rear Ft. setback ft. R1-9.5 9,500 9,500 70* 100 70 30 (See Subd. 2 Item (See Subd. 2 20 8) Item 8) Subd. 2 Item 8: In the R1-9.5 District, the side yard setback on the garage side, where there is a double garage, is at least 5 feet, for a total of at least 15 feet on both sides, and where there is a single garage, the side yard setback on the garage side is at least 17 feet, for a total of at least 27 feet on both sides. The existing language is cumbersome, is not consistent formatting with other zoning district setbacks and could potentially lead to inconsistencies when applying the setback requirement. Note Code does not specifically state an easily identifiable minimum 5' side yard setback. 1 Proposed R1-9.5 side yard setback requirements City Code, Chapter 11, Section 11.03, Subdivision 2,. A., 8. 8. In the R1 9.5 District, the side yard setback on the garage side, where there is a double garage, is at least 5 feet, for a total of at (cast 15 feet on both sides, and where there is a single garage, the side yard setback on the garage side is at (cast 17 feet, for a total of at least 27 feet on both sides. The proposed language amendment will provide additional clarity and consist formatting with other R1 zoning districts. Note the minimum 5' side yard setback is easily identified in numeric form. Residential Minimum Minimum Lot Min. Lot Min. Lot Minimum Lot Minimum front Minimum Minimum both Minimum District Zone Area size Width Ft. Depth Ft. Width at R.O. W yard setback ft. one side ft. sides Rear Ft. R1-9.5 9,500 9,500 70* 100 70 30 5 15 20 Add a Footer 2 Planned Unit Development Recent Planned Unit Development Waivers in the R1-9 . 5 districts that will be eliminated with the proposed language amendment. Stable Path - minimum 7 . 5' and 7 . 5' = 15'total Highland Oaks - minimum 7. 5' and 7 . 5' = 15' total • Interpretation of the existing R1-9.5 setback language will eliminate the need to specify the minimum side yard setback in the district. • The proposed amendment will not place existing R1-9.5 properties in a non-conforming status. Add a Footer 3 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 21, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 272535 - 272759 Wire Transfers 1024463 - 1024566 Wire Transfers 7437 - 7466 City of Eden Prairie Council Check Summary 1/21/2020 Division Amount Division Amount 000 General 117,650 304 Senior Board 182 100 City Manager 198,511 308 E-911 324 101 Legislative 599 309 DWI Forfeiture 6 111 Customer Service 5,386 315 Economic Development 11,162 112 Human Resources 8 509 CIP Fund 14,193 113 Communications 15,000 522 Improvement Projects 2006 1,373 114 Benefits&Training 2,003 526 Transportation Fund 26,132 131 Finance 1,344 804 100 Year History 3 132 Housing and Community Services 2,000 Total Capital Projects Fund 53,376 137 Economic Development -679 151 Park Maintenance 3,730 601 Prairie Village Liquor 80,448 153 Organized Athletics 1,233 602 Den Road Liquor 144,275 154 Community Center 36,411 603 Prairie View Liquor 90,571 156 Youth Programs 13,307 605 Den Road Building 6,213 158 Senior Center 489 701 Water Enterprise Fund 102,254 159 Recreation Administration 27 702 Wastewater Enterprise Fund 10,615 161 Oak Point Pool 2,288 703 Stormwater Enterprise Fund 2,874 162 Arts 108 Total Enterprise Fund 437,248 163 Outdoor Center 1,297 180 Police Sworn 31,922 802 494 Commuter Services 12,738 182 Police Civilian 300 807 Benefits Fund 589,743 184 Fire 12,450 809 Investment Fund 3,055 186 Inspections 2,218 812 Fleet Internal Service 77,233 200 Engineering 1,070 813 IT Internal Service 29,026 201 Street Maintenance 143,213 814 Facilities Capital ISF 9,551 202 Street Lighting 69,508 815 Facilites Operating ISF 41,429 Total General Fund 661,394 816 Facilites City Center ISF 55,682 817 Facilites Comm.Center ISF 30,049 301 CDBG 30,529 Total Internal Svc/Agency Funds 848,506 Total Special Revenue Fund 30,529 Report Total 3,154,772 435 2008B G.O.Improvement Bonds 119 437 G.O.Perm.Improv.2010A 358 439 G.O.Refunding Bonds 2011C 744,755 440 GO Perm Impr Ref Bonds 2011D 358 441 2012A G.O.Refunding Bonds 93,286 442 2012B G.O.Refund Capital Imp 284,011 443 2012C GO Perm Impr Ref Bonds 357 446 2014A G.O.TAX ABATEMENT BONDS 358 448 2016A GO BONDS-WEST 70TH ST. 119 Total Debt Service Fund 1,123,720 City of Eden Prairie Council Check Register by GL 1/21/2020 Check# Amount Supplier/Explanation Account Description Business Unit Comments 7453 1,120,979 US BANK OPERATIONS CENTER Interest 2012B GO Refund Capital Improv Debt payment 7464 266,430 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Period ending 01.03.20 7462 218,100 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period ending 12.20.19 272687 178,551 CUSTOM HOME BUILDERS TITLE LLC Deposits General Fund Escrow release for Sheldon Place 272675 135,067 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 2019 Pavement Mgmt Final pymnt 272642 76,662 VIDEOTRONIX INC Building General Fixed Asset Account Gr 1024565 64,898 XCEL ENERGY Electric Miller Park 1024539 36,688 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Capital 272632 34,017 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1024505 33,597 SRF CONSULTING GROUP INC Design&Engineering General Fixed Asset Account Gr 272707 33,208 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1024555 27,435 MINNESOTA EQUIPMENT Equipment Repair&Maint Fleet Operating 272595 26,132 GL CONTRACTING INC Other Contracted Services Transportation Fund 7449 26,015 FURTHER-AKA SELECT HRA Health and Benefits 272661 25,756 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center-Tenant Cost 7466 25,253 EMPOWER Deferred Compensation Health and Benefits 272611 24,293 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1024543 24,107 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs 7455 20,677 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store 7465 20,536 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1024542 20,222 CENTERPOINT ENERGY Gas Water Supply(Wells) 272731 18,080 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 272708 15,647 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 272552 15,075 MERIDIAN FC LLC Deposits Escrow 272757 15,000 ZENCITY TECHNOLOGIES US Other Contracted Services Communications 7444 14,817 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 1024500 14,617 MITY-LITE INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 272752 14,193 VIDEOTRONIX INC Capital Under$25,000 Capital Maint.&Reinvestment 272666 13,395 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 Police Sworn 272609 12,867 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 272735 12,711 PROP Other Contracted Services CDBG-Public Service 272660 12,470 A&B WELDING&CONSTRUCTION Equipment Repair&Maint Water Treatment 272580 11,456 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 7451 11,354 FURTHER-AKA SELECT HSA-Employee Health and Benefits 272679 10,527 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 7461 10,418 CARD CONNECT Bank and Service Charges Community Center Admin 7439 10,234 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 272599 10,180 H&L MESABI Equipment Parts Fleet Operating 272706 10,107 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 272615 9,235 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 272625 9,203 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1024525 8,638 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Center-CAM 1024494 8,460 HANSEN THORP PELLINEN OLSON Design&Engineering Stormwater Capital 272655 8,349 BREAKTHRU BEVERAGE MN WINE&SPIRITS Liquor Product Received Den Road Liquor Store 272654 8,187 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 272738 8,136 REVOLUTIONARY SPORTS,LLC Instructor Service Preschool Events Check# Amount Supplier/Explanation Account Description Business Unit Comments 1024522 8,063 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 1024467 7,295 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG-Public Service 272695 7,139 GARDNER BUILDERS Other Contracted Services Facilities Capital 1024475 6,864 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 272755 6,832 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 7459 6,700 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 272543 6,500 EHLERS&ASSOCIATES INC Deposits Economic Development Fund 1024554 6,424 METRO SALES INCORPORATED* Equipment Rentals Customer Service 272645 5,973 Z SYSTEMS INC Miscellaneous Police Sworn 1024541 5,912 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 272640 5,800 TYLER TECHNOLOGIES INC Software IT Capital 272596 5,683 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 272711 5,682 M R SIGN Signs Traffic Signs 1024491 5,583 GENUINE PARTS COMPANY Small Tools Ice Arena Maintenance 272575 5,483 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1024538 5,449 2ND WIND EXERCISE Training Supplies Police Sworn 1024472 5,400 DAILEY DATA&ASSOCIATES Software Maintenance IT Operating 272656 5,008 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 1024540 4,985 A-SCAPE INC Contract Svcs-Snow Removal Arts Center 272722 4,950 MUELLER CO Capital Under$25,000 Water Metering 272597 4,841 GRAYMONT Treatment Chemicals Water Treatment 1024549 4,785 HANSEN THORP PELLINEN OLSON Design&Engineering Wasterwater Collection 272698 4,782 GRAYMONT Treatment Chemicals Water Treatment 272688 4,750 DELI DOUBLE Miscellaneous Internal Events 272593 4,683 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 272567 4,663 BREAKTHRU BEVERAGE MN WINE&SPIRITS Liquor Product Received Den Road Liquor Store 272653 4,542 BREAKTHRU BEVERAGE MN WINE&SPIRITS Liquor Product Received Prairie Village Liquor Store 272719 4,423 MINTAHOE INC Other Contracted Services Wine Club/Events 272747 4,315 TRANSPORT GRAPHICS Repair&Maint. Supplies Fire 272579 4,290 BRIN GLASS SERVICE Contract Svcs-General Bldg Den Bldg.-CAM 272566 4,280 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1024550 4,012 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 272576 3,995 BADGER STATE INSPECTION LLC Deposits Water Enterprise Fund 272690 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Principal Economic Development Fund 272648 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations-General 272657 3,678 BREAKTHRU BEVERAGE MN WINE&SPIRITS Liquor Product Received Prairie View Liquor Store 7457 3,661 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 1024503 3,643 POMP'S TIRE SERVICE INC Tires Fleet Operating 272602 3,597 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 272672 3,575 BAKER TILLY MUNICIPAL ADVISORS,LLC Other Contracted Services Wastewater Capital 272718 3,571 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1024535 3,489 VAN PAPER COMPANY Cleaning Supplies General Community Center 272677 3,428 BRG PRECISION PRODUCTS INC Capital Under$25,000 Emergency Management 272743 3,387 STANDARD HEATING&AIR CONDITIONING INC Other Contracted Services Rehab 272751 3,280 VERIZON WIRELESS Data Plans-Police E-911 Program 272668 3,155 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 272652 3,107 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 7437 3,055 PFM ASSET MANAGEMENT LLC Interest Investment Fund 272680 3,003 CARVER COUNTY LICENSE CENTER Licenses,Taxes,Fees Fleet Operating 1024497 2,973 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 272703 2,947 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 272727 2,884 OLSEN CHAIN&CABLE Equipment Testing/Cert. Fire 272730 2,843 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1024487 2,779 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 272541 2,767 BREATHE RIGHT LLC Other Contracted Services Rehab 272539 2,750 BAMFORD REED Other Contracted Services Rehab 272606 2,744 J&R LARSON GROUNDS MAINTENANCE Deposits Water Enterprise Fund 272537 2,705 ALLINA HEALTH SYSTEM Health&Fitness Fire 7454 2,677 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 1024493 2,658 GRAYBAR Operating Supplies Street Lighting 272681 2,602 CENTURYLINK Telephone City Center-CAM 272559 2,588 TARGETSOLUTIONS LEARNING,LLC Software Maintenance IT Operating 1024495 2,544 HAWKINS INC Treatment Chemicals Water Treatment 272734 2,490 PRINTING ENTERPRISES INC Advertising Prairie View Liquor Store 7456 2,442 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 272717 2,425 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1024561 2,412 TWIN CITY HARDWARE Other Contracted Services Facilities Capital 272694 2,396 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Oak Point Lessons 1024564 2,309 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1024483 2,293 VINOCOPIA Liquor Product Received Prairie View Liquor Store 272588 2,237 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 272608 2,160 JENSEN TECHNICAL SERVICES Other Contracted Services Ice Operations 1024536 2,128 VINOCOPIA Liquor Product Received Prairie View Liquor Store 272554 2,125 RMA REAL ESTATE AR Utility Water Enterprise Fund 1024523 2,112 HACH COMPANY Laboratory Chemicals Water Treatment 272600 2,070 HEALTHPARTNERS Accounts Receivable 494 Corridor Commission 272624 2,064 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 272643 2,041 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 272569 1,992 BREAKTHRU BEVERAGE MN WINE&SPIRITS Liquor Product Received Prairie View Liquor Store 272669 1,909 ARVIG Fiber Lease Payments IT Operating 272564 1,893 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 272697 1,881 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1024560 1,872 STREICHERS Clothing&Uniforms Police Sworn 1024499 1,872 METRO SALES INCORPORATED* Equipment Rentals IT Operating 272636 1,782 STERLING FENCE INC Landscape Materials/Supp Street Maintenance 272723 1,740 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 272544 1,716 E-SMASH BADMINTON LLC Instructor Service Camps 272678 1,715 BRIN GLASS SERVICE Contract Svcs-General Bldg Maintenance Facility 272550 1,705 LENNOX INDUSTRIES INC. Supplies-HVAC Senior Center 272568 1,672 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 272553 1,589 PROP Other Contracted Services CDBG-Public Service 272622 1,585 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Improvement Projects 2006 272565 1,563 BREAKTHRU BEVERAGE MN WINE&SPIRITS Liquor Product Received Prairie Village Liquor Store 1024511 1,561 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 272598 1,515 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 272623 1,504 NAC Contract Svcs-Plumbing Arts Center 7442 1,500 FURTHER-AKA SELECT Other Contracted Services Health and Benefits 272741 1,447 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 272736 1,432 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1024545 1,429 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 1024481 1,428 SOPPELAND,LONNIE Tuition Reimbursement/School Organizational Services 7452 1,327 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 1024486 1,264 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 272715 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 1024506 1,227 STREICHERS Clothing&Uniforms Police Sworn 272616 1,221 MEGA BEER Liquor Product Received Prairie View Liquor Store 272732 1,210 PRAIRIE EQUIPMENT COMPANY Repair&Maint. Supplies Wasterwater Collection 272635 1,195 STEM BUILDERS OF EDEN PRAIRIE Instructor Service Camps 272704 1,144 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 272572 1,144 AIRGAS USA LLC Supplies-Pool Pool Maintenance 1024547 1,106 GRAINGER Supplies-Electrical City Center-CAM 272617 1,091 MIDWEST ASPHALT SERVICES LLC Deposits Water Distribution 272713 1,083 MARCO INC Hardware-R&M IT Operating 272638 1,079 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 272676 1,079 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 272590 1,069 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Basketball 272746 1,067 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1024524 1,036 JOHNSTONE SUPPLY Supplies-HVAC Pool Maintenance 1024482 984 VAN PAPER COMPANY Cleaning Supplies General Community Center 7460 965 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 272662 925 AERO DRAPERY AND BLIND Contract Svcs-General Bldg City Hall(City Cost) 272610 920 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 272699 870 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1024501 868 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 272682 840 CENTURYLINK Telephone IT Operating 272692 817 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1024484 815 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 7447 795 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 272639 750 TREEHOUSE Other Contracted Services Housing and Community Service 1024509 742 WALL TRENDS INC Contract Svcs-General Bldg Senior Center 1024488 736 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1024498 732 MENARDS Operating Supplies Police(City Cost) 1024504 729 REINDERS INC Chemicals Park Maintenance 272591 703 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1024556 702 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 272737 696 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 272594 678 FORMS&SYSTEMS OF MINNESOTA Printing Police Sworn 1024553 671 MENARDS Office Supplies Fleet Operating 272670 668 ASPEN MILLS Clothing&Uniforms Fire 272720 656 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 272686 649 COREMARK METALS Equipment Parts Fleet Operating 272745 639 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1024530 605 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM 272663 603 AIRGAS USA LLC Supplies-Pool Pool Maintenance 272689 602 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 272583 599 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 272613 597 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 272753 596 WATER CONSERVATION SERVICES INC OCS-Leak Detection Water Distribution 272696 595 GOVERNMENT FINANCE OFFICERS ASSOCIATION Conference/Training Finance 272744 595 STAPLES ADVANTAGE Office Supplies Customer Service Check# Amount Supplier/Explanation Account Description Business Unit Comments 7463 594 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1024563 592 WATSON CO INC,THE Merchandise for Resale Concessions 272603 584 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 272605 580 INNOVATIVE GRAPHICS Clothing&Uniforms Police Sworn 272573 575 ALLMANN,ANDY Tuition Reimbursement/School Organizational Services 272587 574 DOMACE VINO Liquor Product Received Prairie View Liquor Store 272709 574 LHB INC Design&Engineering Sustainable Eden Prairie 1024510 572 WATSON CO INC,THE Merchandise for Resale Concessions 272637 562 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 272581 561 CENTURYLINK Internet Wastewater Lift Station 272620 557 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Sworn 272705 548 J H LARSON COMPANY Supplies-Electrical City Center-CAM 1024508 544 VISTAR CORPORATION Merchandise for Resale Concessions 1024516 539 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1024526 537 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 272664 530 ALEX AIR APPARATUS INC Repair&Maint. Supplies Emergency Management 1024470 528 AHO,BRAD Travel Expense City Council 1024514 527 ADAMS PEST CONTROL INC Contract Svcs-Pest Control City Center-CAM 1024490 525 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Utility Operations-General 272667 520 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development 272563 507 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 272614 504 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 272592 496 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 272577 486 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 272674 482 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1024551 480 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment 272551 470 MASTER CONCRETE COMPANY Contract Svcs-General Bldg Senior Center 7446 464 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 1024537 461 WILSON,JOHN D. Clothing&Uniforms Police Sworn 1024532 455 SITEONE LANDSCAPE SUPPLY,LLC Operating Supplies Street Maintenance 272633 450 SPRINT Other Contracted Services Police Sworn 1024489 450 FACTORY MOTOR PARTS COMPANY Operating Supplies Fleet Operating 272556 438 SCHMIT RON Operating Supplies Outdoor Center 272710 425 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 272693 424 E A SWEEN COMPANY Merchandise for Resale Concessions 272728 380 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 1024519 374 FASTENAL COMPANY Equipment Parts Fleet Operating 272634 368 STAPLES ADVANTAGE Office Supplies Utility Operations-General 272578 365 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 272644 350 WORKS COMPUTING INC Other Contracted Services IT Operating 1024548 339 H M CRAGG CO Contract Svcs-Fire/Life/Safe Fire Station#2 1024559 331 SPS COMPANIES Building Repair&Maint. Utility Operations-General 272585 330 CONTINENTAL SAFETY EQUIPMENT Supplies-General Bldg Ice Arena Maintenance 1024471 306 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 272562 300 METRO CHIEF FIRE OFFICERS ASSOCIATION Dues&Subscriptions Fire 272726 300 OLD NORTH STATE TRUST TREASURY False Alarm Fees Police Civilian 1024512 283 ZIEGLER INC Equipment Parts Fleet Operating 272733 272 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Utility Operations-General 272627 271 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 1024496 270 KIDCREATE STUDIO Other Contracted Services Stormwater Non-Capital Check# Amount Supplier/Explanation Account Description Business Unit Comments 7448 267 US BANK-PAYMODE Bank and Service Charges Finance 1024502 240 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1024476 235 IRMITER,JESSE Clothing&Uniforms Police Sworn 272560 231 WALKER,JOANNE P&R Refunds Community Center Admin 1024546 231 GINA MARIAS INC Operating Supplies Volunteers 1024557 230 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Center-CAM 1024566 230 CENTERPOINT ENERGY Gas Staring Lake 1024479 229 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 272629 215 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 272582 214 CINTAS CORPORATION Safety Supplies Community Center Admin 1024515 202 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 1024552 198 JANEX INC Supplies-General Bldg Park Shelters 272604 195 INDUSTRIAL AND RESIDENTIAL LIGHTING INC Lab Supplies Water Treatment 272570 194 A TO Z RENTAL CENTER Equipment Parts Fleet Operating 1024480 191 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1024558 191 SPRINT Cell Phones 494 Corridor Commission 272684 190 COMCAST Internet IT Operating 272651 187 PETTY CASH Equipment Repair&Maint Senior Center Programs 272673 182 BATTLE LAKE SENIOR CARD PROJECT Supply-Greeting Cards Senior Board 7450 169 OPTUM HEALTH Other Contracted Services Health and Benefits 272589 168 E A SWEEN COMPANY Merchandise for Resale Concessions 1024477 166 METROPOLITAN FORD Equipment Parts Fleet Operating 272729 151 PAPCO INC Cleaning Supplies General Community Center 272571 150 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1024473 146 FASTENAL COMPANY Equipment Parts Fleet Operating 1024518 146 CONCRETE CUTTING AND CORING Landscape Materials/Supp Traffic Signs 1024485 145 AMERICAN TIME&SIGNAL CO Supplies-General Bldg Pool Maintenance 272586 145 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 272650 141 PETTY CASH-POLICE DEPT Operating Supplies Police Sworn 1024521 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 272750 138 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 272691 136 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 272548 135 INSTALL THIS SIGN&AWNING CO. Sign Permits General Fund 272721 135 MR CUTTING EDGE Repair&Maint-Ice Rink Ice Arena Maintenance 1024469 135 ADAMS PEST CONTROL INC Building Repair&Maint. Utility Operations-General 272739 128 RUSCH,LORI Other Contracted Services Snow&Ice Control 272658 128 56 BREWING LLC Liquor Product Received Den Road Liquor Store 272756 126 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1024531 126 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 272549 125 J H LARSON COMPANY Supplies-Electrical Park Shelters 272540 125 BERGSTROM AMANDA Tuition Reimbursement/School Fitness Classes 272671 120 AT&T Other Contracted Services Police Sworn 272749 118 TWIN CITIES FLAG SOURCE,INC Operating Supplies Park Maintenance 272619 116 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 272685 112 COMCAST Phone/Data/Web 494 Corridor Commission 272740 112 SNAP-ON TOOLS Small Tools Fleet Operating 272536 109 PETTY CASH-EPCC Mileage&Parking Pool Operations 1024492 105 GRAINGER Repair&Maint-Ice Rink Ice Arena Maintenance 272621 100 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 1024478 98 MPX GROUP,THE Office Supplies Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 272641 94 VERIZON WIRELESS Telephone IT Operating 1024517 94 CARLSTON,BRANDON Canine Supplies Police Sworn 272612 92 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 1024534 90 URBINA,JAIME Mileage&Parking Den Road Liquor Store 1024474 89 GEIS,ROB Clothing&Uniforms Police Sworn 272557 89 SHEPPARD ELIZABETH Operating Supplies Outdoor Center 272683 88 COMCAST Internet IT Operating 272574 88 ALTEC INDUSTRIES INC Equipment Parts Fleet Operating 1024464 87 CARLSTON,BRANDON Canine Supplies Police Sworn 272555 85 SAWALL,CASEY Operating Supplies Volleyball 272601 83 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 272659 81 6955 TARTAN LLC AR Utility Water Enterprise Fund 272545 80 FLYNN,KERRY Instructor Service Outdoor Center 272754 80 WESTERN WINGS P&R Refunds Community Center Admin 272748 79 TUCKER DOUG Mileage&Parking Athletic Programs Admin 272647 75 NALMS Dues&Subscriptions Stormwater Non-Capital 272714 74 MEAD BRYAN AR Utility Water Enterprise Fund 272630 72 SIGNSOURCE Office Supplies City Council 1024544 66 FEDEX Postage Finance 1024466 65 KIRCHBERG KIRA Tuition Reimbursement/School Fitness Classes 1024527 60 MPX GROUP,THE Printing Police Sworn 1024529 60 RAHIMI,RENEE Tuition Reimbursement/School Fitness Classes 7445 59 PAYCHEX Payroll Admin.Fees 494 Corridor Commission 1024465 57 DUNGAN,TRACY Merchandise for Resale Concessions 272665 54 ALTEC INDUSTRIES INC Equipment Parts Fleet Operating 272712 53 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 272631 53 SNAP-ON TOOLS Small Tools Fleet Operating 1024520 51 GENERAL PARTS LLC Contract Svcs-Plumbing City Hall(City Cost) 272618 50 MINNESOTA AIR INC Supplies-HVAC Maintenance Facility 7441 50 FURTHER-AKA SELECT HRA Health and Benefits 272558 50 SHULTZ,SHIRLEY P&R Refunds Community Center Admin 272716 49 MINNESOTA AIR INC Contract Svcs-Electrical Ice Arena Maintenance 272542 45 COMCAST Cable TV Fire 1024528 44 MUNOZ,MEGAN Mileage&Parking Fitness Admin. 1024513 39 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 7443 38 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 272538 36 BACAL,AGNIESZKA Operating Supplies Outdoor Center 272742 34 SSI KEF SLB LLC Electric Maintenance Facility 272700 33 HANSON JENNIFER Tuition Reimbursement/School Fitness Classes 272628 32 ROCKEY,JOSH Mileage&Parking Senior Center Admin 272649 32 LEONARD,MICHELLE Outreach Mileage/Parking 494 Corridor Commission 272626 31 PILGRIM DRY CLEANERS INC Clothing&Uniforms Police Sworn 272725 29 O'BRIEN JOE AR Utility Water Enterprise Fund 1024468 28 SPRINT Cell/Pager Plans IT Operating 272724 27 NOURAEE,CYRUS Mileage&Parking Recreation Admin 272607 24 J H LARSON COMPANY Supplies-Electrical Fitness/Conference-Cmty Ctr 1024463 24 BOLD,PAULINE Operating Supplies Outdoor Center 272584 23 COMCAST Other Contracted Services Police Sworn 272702 22 HENNEPIN COUNTY TREASURER Tuition Reimbursement/School Police Sworn 272546 20 FUSCO,PAUL J Operating Supplies Outdoor Center Check# Amount Supplier/Explanation Account Description Business Unit Comments 1024533 17 TOLL GAS AND WELDING SUPPLY Repair&Maint. Supplies Wasterwater Collection 1024562 13 UPS Postage Human Resources 272758 6 HENNEPIN COUNTY ATTORNEY'S OFFICE Miscellaneous DWI Forfeiture 1024507 4 UPS Postage IT Operating 7458 3 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 272759 1 MN MANAGEMENT OF BUDGET Miscellaneous DWI Forfeiture 3,154,772 Grand Total